Abstract

The issue of exercising rights under the stocks and shares owned by a debtor in remedial proceedings had been the subject of heated discussions basing on the Insolvency Act, as a result of which its Art. 186 was amended. The coming into force of the new Restructuring Act in 2016 makes it necessary to again resolve the problem of who should exercise rights under the stocks and shares owned by a debtor with respect to whom remedial proceedings have been initiated. Furthermore, the problem becomes more complicated due to the absence of regulation in the new Act. Therefore, it is necessary to consider who is in such a case entitled to exercise the rights of a debtor associated with their shareholdings.