Special procedure for microenterprises

For the purposes provided for in these procedures, microenterprises are considered debtors, natural or legal persons, who carry out a business or professional activity and meet the following characteristics:

1. Having employed an average of less than ten workers during the previous year.

2. Have an annual turnover of less than seven hundred thousand euros or liabilities of less than three hundred and fifty thousand euros according to the latest accounts closed in the year prior to submitting the application.

The special procedure for microenterprises applies exclusively to natural or legal persons that carry out an activity and have the status of microenterprise in the terms defined by the regulation itself (article 685 of the TRLC).

It is a unique procedure, in the double sense that it aims to channel both bankruptcy situations (current or imminent insolvency) and pre-bankruptcy situations (probability of insolvency) and that it will be applied compulsorily to all debtors who fall within the legal concept of microenterprise.

Two possible itineraries or ways to process this special procedure are established, as established in article 685.5 of the TRLC:

• A continuation procedure, conceived as an abbreviated procedure in which the debtor and his creditors can reach an agreed solution to the insolvency, regardless of the debtor's financial situation. Its regulation is contained in articles 697 to 704 of the TRLC.

• A liquidation procedure with or without transfer of the company in operation, as a simple, fast and flexible instrument so that microenterprises can end their business project in an orderly manner when it has not been successful. It is regulated in articles 705 and following of the TRLC.

To request the opening of the special procedure, the debtor, creditors or personally responsible partners must complete online the standardized forms prepared for this purpose that are available in the Electronic Microenterprise Service of the Ministry of Justice.

It is the obligation of the debtor, established in article 691 bis TRLC, to notify the AEAT of the presentation of a request to open a special continuation procedure that establishes its status as a creditor.

Failure to comply with this obligation will exclude the AEAT credits from the reductions and waits that result from the approval of the continuation plan.

In any case, in the communication of the special procedure to the AEAT, the reference number of the proof of presentation of the form for the request to open the procedure before the Ministry of Justice must be indicated.

The debtor must do so within 72 hours from the submission of the request to open the special continuation procedure.

It is the obligation that the debtor has, established in art. 692 bis.1 TRLC to communicate to the AEAT, when it is one of its creditors, the Order opening the special procedure, accompanying all the documentation presented in the Court.

It is the obligation that the debtor has, in accordance with article 697 bis section two TRLC, to communicate to the AEAT the proposal for the continuation plan once it has been admitted for processing by the Attorney of the Administration of Justice.

The debtor must do so within 3 business days from the notification from the lawyer of the Administration of Justice confirming the correct completion of the proposal or after three days have passed without any notification by the lawyer of the Administration of Justice.

It is the obligation that the debtor has, based on article 697 quinquies section 6 TRLC, to communicate to the AEAT, within the period allowed for this purpose, the opening of the voting period on those credits with respect to which no allegations have been made in the continuation plan.

It is the obligation of the debtor, or, where applicable, the bankruptcy administrator in accordance with article 707 section 3 TRLC to communicate the liquidation plan to the AEAT on the same day or the first business day once said plan has been presented. liquidation plan using a standard form.

It is the obligation that the debtor or the bankruptcy administration has, by virtue of article 709 TRLC, to present a monthly report to the AEAT on the status of the liquidation operations, accompanied by the claims against the estate, detailing and quantifying the accrued and those pending payment, with an indication of their maturities.