The right to re-enter a lost debt settlement, without fines and surcharges, is now available to thousands of individuals who are jointly and severally liable for debts of legal entities, according to Law 5162/2024. The regulation applies to managers, presidents, board members or legal representatives of companies that have downscaled or lost regulation, and now these persons are required to pay the debts, even though they did not create them.

Detailed instructions for the reintegration of remaining debts in a partial payment arrangement by persons who are jointly and severally liable for debts of legal entities are given by Resolution A.1079/2025 published in the Government Gazette B’ 3493/04-07-2025. The new framework applies to cases where an arrangement has been lost and allows, under certain conditions, both the debtor’s rehabilitation and the removal of personal liability of those connected to the debts of the companies.

The process starts with an application through the “My Requests” application at myAADEand applies exclusively to debts that were previously regulated, regardless of whether the regulation was made by law, court decision or administrative authority. A prerequisite is that the debts are not currently in active regulation. For the same debt, the possibility of reinstatement is granted only once per person.

The new possibility only applies to those who did not have a representative role for the legal entity at the time the regulation was lost, nor did they themselves apply for the original inclusion. At the same time, cases are also excluded in which the arrangement did not produce legal effects in their favour or resulted from a tax audit (Article 75 of the Tax Code).

The ADC opens special access to digital representation of debts for co-responsible persons, even though the latter are not themselves debtors. If no information is obtained from the platform, the information is provided by the competent department upon request. The applicant is obliged to reinstate all debts for which he/she is responsible, if they were subject to the same lost regulation.

The reintegration is activated only upon the timely payment of the first instalment within three working days of the notification of the acceptance of the request. The remaining instalments follow the same schedule as the initial arrangement. Special provisions exist for amounts that have already been withheld through enforcement measures or evidence of correctness.
A special provision has been made for loss cases from 1/3/2025 onwards: if the application for reinstatement is submitted within three months, the applicant is exempted from interest and surcharges for the period between the initial inclusion and the new application. However, the benefit does not apply to the legal entity, nor other co-obligors.

In any case, the new arrangement applies only to the person seeking reinstatement – it does not restore the favourable consequences to the legal entity or other associated individuals. The amount of the exemptions is recorded separately as public revenue due to the other parties involved.

The loss of the new arrangement results in the full activation of the original debt with its charges, while the administration retains the possibility to write off the amount only to the extent that it relates to already amortized basic debts.

The decision has immediate effect and applies even to arrangements that were lost before its issuance, provided that the three months for re-instatement applications is observed.