envion tasfiye süreci ile ilgili mail gelmiş. zamanında icosuna katılmıştım, tabi çoktan çıkardık elimizden . takip eden varsa ilgisini çekebilir. anladığım kadarıyla tasfiye için bir portal oluşturulmuş. 28 ekimde aktif olacakmış. başvuru yapacakaların elindeki tokenları göndermesi isteniyor.
Special notice to creditors pursuant to Art. 233 SchKG in the bankruptcy proceedings against envion AG in liquidation, 6340 Baar (CH)
envion AG was dissolved on 14 November 2018 and its liquidation was ordered by the competent court in accordance with the Swiss rules on bankruptcy. The present call to creditors is made on this basis. All persons known to the bankruptcy administration who may possibly be creditors of envion AG receive this special notice. The list of the persons concerned has been established, on the one hand, on the basis of the company files and the data related to the ICO (Initial Coin Offering) provided by third parties. On the other hand, all persons who have already filed a claim since the start of the bankruptcy proceedings also receive the present notice. Those are kindly requested to observe, in particular, paragraph 2 below regarding the repeated filing of their claim.
The public announcement of the opening of the bankruptcy proceedings must be sent to every known creditor with the special notice. This announcement is attached to this message in the original wording in German and English (only the version in the official German language is legally authoritative).
1. Brief information on the procedure to date
Due to the complexity and scope of the bankruptcy proceedings, the Bankruptcy Office Zug, which is responsible for the handling of the proceedings, called in the lawyers Pablo Duc and Dr. Sébastien Gobat, Wenger Plattner Rechtsanwälte, as auxiliary persons.
On the one hand, the auxiliary persons were responsible for clarifying the scope of the assets and liabilities in the course of the bankruptcy proceedings. For this purpose, the former organs of the bankrupt and third parties have been heard and questioned by the auxiliary persons together with the Bankruptcy Office Zug. A more detailed reporting will occur at the first creditors' meeting (cf. Section 4 below).
On the other hand, the liquid assets of the bankrupt (FIAT and crypto assets) could be drawn to the bankrupt's estate. This amount exceeds CHF 40 million. Trado GmbH and Michael Luckow were brought to transfer around 16.7 million EVN tokens to the bankrupt's estate.
First clarifications of the creditor structure showed that their number and geographical distribution across all continents go far beyond the usual scope of bankruptcy proceedings and the related usual legal requirements: It can be assumed that there are more than 30'000 presumed creditors domiciled in around 170 different countries. In addition, creditors must electronically transfer to the bankruptcy administration the EVN tokens they hold as part of their claim registration.
This is a novelty in bankruptcy proceedings. Accordingly, various and time-intensive preliminary work had to be carried out in order to ensure an orderly course of the proceedings. This concerns in particular the filing of claims arising from tokens or their acquisition (cf. Section 2 below).
2. Filing of claims arising from tokens or their acquisition
Bankruptcy proceedings normally require creditors to file their claims against the bankruptcy administration in writing and to submit all necessary means of evidence. The bankruptcy administration must register the creditors and subsequently examine all the submissions. However, such a procedure would not guarantee the mandatory electronic submission of the tokens. Moreover, this approach does not appear to be logistically appropriate or in the interest of procedural economy either for the creditors or for the bankruptcy administration.
Together with a specialist in the field of blockchain and crypto technology, the auxiliary persons have therefore developed an electronic portal for receiving the claim submissions and the EVN tokens. The portal ensures the complete claim registration and transmission of the tokens electronically. This simplifies the further processing of the proceedings to a considerable extent.
All creditors who assert claims arising from EVN tokens or their acquisition must therefore register these claims during the 30 day-submission period via the portal provided for this purpose. This also applies to those creditors who have already filed their claims with Wenger Plattner Rechtsanwälte in writing, i.e. also those have to register additionally in the portal and submit their EVN tokens. Access to the portal, which will be launched on 28 October 2019, occurs via the website
www.envion-konkurs.ch. Guidelines for the use of the portal have already been posted on this website in advance. Creditors are requested to read these carefully before they start the registration process in the portal. They shall also imperatively use the same e-mail address for registration in the portal that they used to purchase the EVN tokens (ICO).
3. Filing of other claims
Creditors who assert claims that are not related to the acquisition of EVN tokens (e.g. employees, suppliers, banks, tax authorities) are requested not to register their claims in the portal. Those can use the registration form in the section "Call to creditors" on
www.envion-konkurs.ch. Such form must be completed, signed and submitted, together with the enclosures, to the address indicated on the form.
4. Creditors' meeting
For organisational and administrative reasons, the first creditors' meeting will be convened at a later date. In the framework of the claim registration process, the creditors are requested to announce whether they expect to attend the meeting or not. This allows a better estimation of the number of participants, which enables the search for a suitable location.
WENGERPLATTNER
Pablo Duc & Dr. Sébastien Gobat
Rechtsanwälte / Attorneys at Law
[email protected]