Three days
The period runs from approval of the receiver, not from the former director’s convenience.
Not just paper
Databases, digital keys, credentials, contracts, archives and physical assets are covered.
Use an inventory
The record should show actual volume, condition, format and missing materials.
Who must transfer the records
Article 126 names the debtor’s director and temporary, administrative and external practitioners. An accountant, archive provider, shareholder or other holder may not conceal records, but the court verifies the legal basis and remedy against each person.
The duty arises in corporate liquidation proceedings. The handover supports the debtor asset inventory and formation of the estate.
What the record should contain
| Group | Examples | How to record |
|---|---|---|
| Corporate records | Charter, resolutions, minutes, shareholder register | Name, date, original or copy and page count |
| Accounting and tax | Ledgers, returns, source records and databases | Period, format, medium, credentials and backup |
| Contracts and disputes | Contracts, acts, claims and enforcement papers | Counterparty, number, performance stage and original location |
| Assets and access | Keys, seals, e-signatures, online banking, warehouses and vehicles | Identifier, condition, storage and access restriction |
Practical handover steps
- Obtain the court order appointing the receiver.
- List documents, systems, valuables and responsible persons.
- Create backups without altering source data.
- Reconcile assets and credentials with accounting and physical possession.
- Sign a handover record with an inventory and discrepancies.
- Transfer originals, media and keys securely.
- Describe missing items and restoration measures separately.
If records are withheld
The receiver may seek a court order for records and assets in a documentary separate dispute under Article 60(2). The court may impose a monetary sum for non-compliance. Damages, administrative liability and subsidiary liability are assessed independently.
Missing or distorted mandatory records that materially impede the procedure or estate formation create a rebuttable presumption under Article 61.11. This is related to, but not identical with, the general dispute on director subsidiary liability.
Frequently asked questions
Are scans sufficient?
Not always. Originals and working electronic databases may be required depending on the record and retention rules.
Who signs the record?
The transferring party and receiver, or authorised representatives whose authority is documented.
What if the receiver refuses delivery?
Send a written offer, inventory and proof of readiness, then seek a court-defined procedure if the dispute continues.
Can records be retained over unpaid fees?
Self-help retention of debtor records is highly risky; payment rights and the handover duty are resolved separately.
Official sources
Need to transfer or recover records?
We can prepare a verifiable inventory and procedural route without promising a particular liability finding.
Initial consultation