1. This Directive lays down common rules on:
(a) avoidance actions;
(b) tracing of assets belonging to insolvency estates;
(c) pre-pack proceedings;
(d) duty of directors to submit a request for the opening of insolvency proceedings;
(e) creditors’ committees;
(f) key information factsheets.
2. Titles II, III and VI of this Directive apply to collective proceedings, as defined in Article 2, point (1), of Regulation (EU) 2015/848, which are based on laws relating to insolvency, with the exception of preventive restructuring procedures.
Title II does not apply to interim proceedings.
3. This Directive does not apply where debtors are:
(a) insurance undertakings or reinsurance undertakings as defined in Article 13 points (1) and (4), of Directive 2009/138/EC of the European Parliament and of the Council;
(b) credit institutions as defined in Article 4(1), point (1), of Regulation (EU) No 575/2013 of the European Parliament and of the Council;
(c) investment firms or collective investment undertakings as defined in Article 4(1), points (2) and (7), of Regulation (EU) No 575/2013;
(d) central counterparties as defined in Article 2, point (1), of Regulation (EU) No 648/2012 of the European Parliament and of the Council;
(e) central securities depositories as defined in Article 2(1), point (1), of Regulation (EU) No 909/2014 of the European Parliament and of the Council;
(f) other financial institutions and entities listed in Article 1(1), first subparagraph of Directive 2014/59/EU of the European Parliament and of the Council;
(g) public bodies under national law;
(h) natural persons who are not entrepreneurs.
4. Member States may exclude from the scope of this Directive debtors that are financial entities other than those referred to in paragraph 3 providing financial services that are subject to special arrangements under which the national supervisory or resolution authorities have wide-ranging powers of intervention comparable to those in relation to the financial entities referred to in paragraph 3. Member States shall communicate those special arrangements to the Commission.
5. Titles IV and VI apply to debtors that are legal persons.
6. Member States may decide to apply Title VI of this Directive only to debtors that are large undertakings within the meaning of Article 3(4) of Directive 2013/34/EU.
Text as published in the Official Journal, reproduced verbatim (including any typographical quirks of the source). For the authentic version, see EUR-Lex.