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Pursuant to Articles XX.135, §6, and XX.172, paragraph 4 of the Code of Economic Law (WER), as well as the Royal Decree of 23 April 2024 implementing these provisions, the ad hoc curator procedure has been implemented in RegSol. 

In the event of the appointment of an ad hoc curator, a specific dossier entitled “ad hoc curator procedure” must be created in RegSol.
The original dossier, which has already been closed, is not reopened. 

How is this dossier created?
The registry clerk must contact the RegSol helpdesk (support@regsol.be) to request the creation of the specific dossier “ad hoc curator procedure”. 

The following information must be provided to the helpdesk: company name and legal form, case number, enterprise number, registered office address, date of the judgment, name of the appointed ad hoc curator and, where applicable, name of the investigating judge. 

Where can this dossier be consulted in RegSol?
This specific ad hoc curator dossier can be found in the private section, under the new red tile “ad hoc curator procedure after closure”. 

How is an ad hoc curator appointed?
If the dossier has been created via the helpdesk, the registry clerk appoints the ad hoc curator via the timeline item “RD of 23 April 2024 – Judgment appointing an ad hoc curator”, in which the appointment judgment is uploaded. The curator can then be appointed. It is recommended to provide for a pro forma acceptance by the appointed curator via the timeline item “RD of 23 April 2024 – Acceptance of the office of ad hoc curator”. 

Who is informed of the creation of this dossier?
Upon appointment in this specific dossier, as in the case of an appointment in bankruptcy proceedings, the curator receives an email. 

If an investigating judge is appointed, he or she will also receive an email in this regard. 

Is this dossier accessible to the public?
The dossier will not be visible in the public section. Only public actors invited by the registry clerk will have access to the dossier. 

Which timeline items can be added to the dossier?
For example, the ad hoc curator may upload a request for the determination of fees and expenses and/or a request for termination of mandate to the dossier. The registry clerk may then upload the judgment. A procedure for the sale of immovable property may also be handled within this procedure. 

Judgments relating to the replacement of the ad hoc curator or the investigating judge may also be processed. 

Is the Deposit and Consignment Fund module available in these dossiers?
Yes, the Deposit and Consignment Fund module is available and operates in the same way as in an ordinary bankruptcy dossier.

However, if no investigating judge is appointed for the ad hoc curator procedure, the double signature of a payment state is not required. The curator’s signature is sufficient to forward the payment to the Deposit and Consignment Fund.