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Source: BUS Sachsen-Anhalt (Linie6PLus)

Request inclusion of insolvency administrator in pre-selection list

Description

If you successfully apply and are included in the pre-selection list for insolvency administrators, you may be appointed as an insolvency administrator in future insolvencies. Even if you are on the pre-selection list, you are not entitled to be appointed as an insolvency administrator. The decision as to who is appointed as an insolvency administrator from the pre-selection list is made by the competent insolvency judge - who can also appoint insolvency administrators who are not on the pre-selection list at their own discretion.

If you are included in the pre-selection list for insolvency administrators, you are obliged to notify the competent insolvency court immediately of any changes that affect your suitability as an insolvency administrator.

If your application is rejected, you can reapply in the future.

There is no training or course of study to become an insolvency administrator directly. To be able to apply for inclusion in the pre-selection list as an insolvency administrator, you must:

  • be qualified to hold judicial office or have a degree in business administration or economics or be licensed as a tax consultant, auditor or have a comparable qualification

and

  • have the technical, organizational and personal qualifications to handle insolvency proceedings, in particular
    • have accounting software approved by the tax office
    • have personnel for processing the insolvency schedule and personnel accounting
    • not have a criminal record for a crime, insolvency or property offense, and
    • be in orderly financial circumstances
  • Completed questionnaire
  • Completed list of procedures
  • Proof of fulfillment of the requirements
  • Copy of the certificate or certificates relating to the qualification to hold judicial office or a business or economics degree or a license as a tax consultant, auditor or comparable qualification (with blacked-out note if applicable)
  • An unrestricted police clearance certificate (official certificate of good conduct)
  • A negative credit report from the Schutzgemeinschaft für allgemeine Kreditsicherung (SCHUFA) or a comparable credit report,
  • Proof of professional liability insurance including financial losses for risks arising from the activity as an insolvency administrator
  • There are no fixed application deadlines. The decision on inclusion in the pre-selection list is usually made at the beginning of each year - deviations are possible
  • The admission procedure ends without entry in the pre-selection list if you do not provide proof of the requirements within three weeks of being requested to do so by the insolvency court, do not submit all the necessary documents or refuse to have the documents checked
  • If your application is successful, you will initially be included in the pre-selection list for a period of two years. After this period, you will probably be asked again to submit current data and, if necessary, documents
  • If your inclusion in the pre-selection list is rejected, you have the option of submitting an application for a court decision in accordance with Section 23 of the Introductory Act to the German Judicial Constitution Act (EGGVG) within one month of becoming aware of the decision
  • Once your application has been received, you will receive confirmation of receipt
  • The decision on inclusion in the shortlist is only made once a year, so no specific processing time can be given
  • The decision as to whether or not you will be included is usually made by the judges of the insolvency court at the beginning of the year

The decision not to be included on the list may be appealed to the Court of Appeal in accordance with Section 23 (1) of the Introductory Act to the German Judicial Constitution Act (EGGVG).

Contact the local court.

  • Online service: no
  • Personal appearance necessary: no

You can only submit your application for inclusion on the pre-selection list for insolvency administrators in writing.

  • You must first complete the questionnaire provided
  • You must then enclose all the required supporting documents with your application and send everything to the relevant insolvency court
  • Once the application has been received, you will receive confirmation of receipt within 3 weeks
  • The court will inform you when a decision will be made on your application
  • The court will check whether your application is complete
  • If you need to submit additional documents, the court will contact you and request that you submit them within 3 weeks
  • If the requested additional documents are not received in time, the application will be rejected without further notice
  • After a decision has been made on your application, you will receive notification of either acceptance or rejection
  • If you are included in the pre-selection list, you may be appointed as insolvency administrator in future insolvency proceedings by the competent insolvency judge
  • However, you have no legal right to be appointed as an insolvency administrator
  • If your inclusion in the pre-selection list is rejected, you have the option of filing an application for a court decision with the court of appeal in accordance with Section 23 of the Introductory Act to the German Judicial Constitution Act (EGGVG) within one month of becoming aware of the decision

Senate Department for Justice, Consumer Protection and Anti-Discrimination Berlin (SenJustVA)

The text was automatically translated based on the German content.

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