1. Member States shall ensure that, at the initiative of a debtor, the preparation phase starts when a monitor is appointed. The procedure for the appointment of a monitor shall be set by national law.
2. Member States shall ensure that the monitor is independent from the debtor and any party closely related to the debtor. Member States may provide for additional requirements regarding the monitor’s independence from equity holders or creditors.
3. Member States shall ensure that only persons who satisfy the eligibility criteria applicable to insolvency practitioners in the Member State where the pre-pack proceedings take place can be appointed as a monitor.
Text as published in the Official Journal, reproduced verbatim (including any typographical quirks of the source). For the authentic version, see EUR-Lex.