Cap. 631 чл. 16Claims that may form part of a restructuring plan.    Cap. 452.

(1) A restructuring plan formulated in terms of a preventive restructuring procedure may propose to restructure claims, whether secured or unsecured, that:

(a) are lawfully enforceable against the debtor at the time of the submission of the restructuring plan; and

(b) arise from:

(i) contractual arrangements, including debts that are contingent upon the occurrence of future circumstances or that have otherwise not yet become due;

(ii) shares, equity or other ownership rights in the debtor, including sums due by way of dividends, profits or otherwise;

(iii) taxes due by the debtor in Malta, excluding taxes levied on consumption such as value added taxes, and excluding taxes due which have been withheld or otherwise collected by the debtor on behalf of any authority or government agency; or

(iv) any other claims that the Court may, upon the application of the interested creditor, order to be included within the restructuring plan:

Provided that the restructuring plan may not, under any circumstances, purport to include, or affect the ranking of, claims arising in connection with:

(a) wages due by the debtor and constituting a privileged claim over the assets of the debtor in terms of article

20 of the Employment and Industrial Relations Act;

(b) civil debts due by the debtor exclusively by way of damages in tort; and

(c) any fine (ammenda or multa) due by the debtor in terms of Maltese law.

(2) Where the restructuring plan includes measures leading to changes in work organisation, employment conditions, or contractual relations with workers, the application of such measures shall be without prejudice to any requirement of the relevant party to discuss, or notify the measures with, or to, the respective workers, or representatives thereof, as the case may be, as may arise in terms of law or in terms of any collective agreement.

(3) Any agreement extraneous to the restructuring plan, howsoever formulated, that purports to exclude or include a claim within the scope of a restructuring plan in a manner contrary to the provisions of this article, shall be null and void.

(4) Any contractual provision within an executory contract concluded by the debtor, that purports to allow a party to the contract to exercise, to the detriment of the debtor, any right of termination, or any right to accelerate, modify, withhold or suspend the performance of its obligations in favour of the debtor, or any right to repossess any property leased, sold or granted to the debtor, solely by virtue of the debtor’s commencement of the preventive restructuring procedure or any procedure in the course thereof, shall be null and void.