ENTRY OF THE DEBTOR IN THE REGISTER OF DEBTORS

Actions to enter the debtor in the register of debtors are part of the complex of actions of the state executive service bodies (state executors) or private executors directed to enforce the property obligations of debtors, and are designed to prevent alienation of the debtor’s property.

What is the register of debtors?

The register of debtors, in which information about debtors is entered, is an electronic system-database, which is a component of the automated system of executive proceedings of Ukraine, and in which information about debtors with unfulfilled property obligations is entered.

Who can enter debtors in the register of debtors?

The entry of the debtor into the register of debtors can be carried out by state executors of the state executive service or by private executors who have the corresponding executive document for collection.

The moment of entering the debtor in the register of debtors

As it was mentioned above, the state executor of the state executive service body or private executor, who has the relevant decision (executive document) in his possession, is authorized to enter information about the debtor in the register of debtors. Such entry of the debtor in the register of debtors is carried out simultaneously with the issuing of a resolution on the opening of executive proceedings.

What information is entered about debtors in the register of debtors?

• The list of information entered about debtors in the register of debtors is determined by Article 9 of the Law of Ukraine “On Enforcement Proceedings”, and in particular, includes the following information:
• Full name, date of birth of the debtor;
• The registration number of the taxpayer’s account card of an individual or the identification code of a legal entity;
• Information about the subject of issuing the executive document;
• Information about the state executor of the state executive service body or private executor, means of communication;
• Executive proceedings number;
• Charge category.

Consequences of entering debtors into the register of debtors

The opening of executive proceedings in itself is already a negative thing for the debtor, as it has a number of negative consequences, including entering information about the debtor into the register of debtors. The direct consequences of entering the debtor in the register of debtors, in particular, are:

• Prohibition or restrictions on opening/closing bank accounts;
• Prohibition of alienation of movable or immovable property belonging to the debtor;
• Prohibition or limitation in the possibility of acquisition or alienation of corporate rights by the debtor;
• Blocking of bank accounts with subsequent debiting of funds in favor of debt repayment, etc.

A separate negative consequence of entering a debtor in the register of debtors is that the said register of debtors is public and accessible, in connection with which the entry of a debtor in the register of debtors can cause significant reputational losses to such a debtor, since counterparties and business partners have the opportunity to verify the fact of their counterparty in the specified register, which may be decisive for further cooperation.

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