Apply for recognition of insolvency advice centre
Description
Insolvency advice is a supplement to general debt counselling. Both bodies advise indebted and over-indebted persons who are dependent on expert help. The task of the insolvency advice centres is to advise persons for whom the application for consumer insolvency proceedings may be possible. Insolvency advice is provided by public and independent bodies (in particular municipalities and welfare associations) as well as by private providers.
You can be recognised by the state as a suitable body within the meaning of the Insolvency Code (InsO). As a recognised body, you advise and represent debtors in the out-of-court settlement with creditors and, if necessary, support the debtor in applying for and carrying out insolvency proceedings. You need recognition as a suitable body in consumer insolvency proceedings if you want to be entitled to issue a certificate of the unsuccessful attempt to reach an agreement with the creditors in consumer insolvency proceedings.
The legal basis for the recognition of the insolvency advice centre are the country-specific laws on the execution of consumer insolvency proceedings in accordance with the Insolvency Code. In order to be recognised as an appropriate body, it is necessary in particular that:
- the position is filled by at least one person with sufficient practical experience in debt counselling,
- the body has reliable and appropriately trained (managerial) staff,
- the position is designed for the long term and operates debt counseling as one of its main tasks, and
- the necessary legal advice is guaranteed.
As a rule, a fee is charged for the recognition procedure, taking into account the time and material administrative burden incurred. The recognition of offices of the districts and municipalities as well as the non-profit institutions (which, for example, are affiliated to an association of free welfare care) is usually free of charge.
Consultation by public or independent bodies is free of charge.
Please contact the State Administration Office.
The application for recognition of the insolvency advice centres must be submitted in writing/electronically to the competent state authority. The application must be accompanied by proof that the conditions for recognition have been met. The documents to be submitted depend on the sponsorship and filling of the position.
As a recognised body, you can, under certain conditions, receive state funding based on the expenses incurred in the context of insolvency advice.
The text was automatically translated based on the German content.
