Abstract

The article analyses the right to represent a bank which has been declared bankrupt. It is a very interesting problem in light of Art. 433 of the Bankruptcy Law, which reads: …unless the effects occurred earlier due to the opening of arrangement proceedings, as of the date of declaration of bankruptcy the bank’s governing and supervisory bodies shall be dissolved.

Art. 429.4 of the Bankruptcy Law provides that a failing bank is represented by an assignee, though only as regards the bankruptcy proceedings. The author tries to find an answer to the following question: who represents the bank in matters which do not apply to the bankrupt’s estate. To sum up, the author suggests that the receiver should also represent the bank in matters which do not concern the bankrupt’s estate.