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Source: BUS Sachsen-Anhalt (Linie6PLus)

Apply for inclusion of insolvency administrators in the pre-selection list

Description

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

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

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

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

  • You must first complete the specified questionnaire
  • Then you must provide all required proof of the application and send everything to the competent insolvency court
  • After receipt of the application, you will receive a confirmation of receipt of the application within 3 weeks.
  • The court will inform you when the application will be decided
  • The court will check whether your application is complete
  • If you have to provide further documents, the court will contact you and demand subsequent delivery within 3 weeks.
  • If requested subsequent deliveries are not received on time, the application will be rejected without further notice.
  • After your application has been decided, you will receive a message either about the admission or the rejection
  • If you are included in the pre-selection list, you can be appointed as an insolvency administrator by the competent insolvency judge in future insolvency proceedings.
  • Nevertheless, 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 submitting an application for a court decision to the Court of Appeal within one month of becoming aware of the decision in accordance with § 23 of the Introductory Act to the Court Constitution Act (EGGVG).

Contact the district court.

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

  • have the qualification to become a judge or have a university degree in business or economics or have a license as a tax consultant, auditor or a comparable qualification

and

  • have the technical, organisational and personal requirements for the processing of insolvency proceedings, in particular,
    • have an accounting software approved by the tax office
    • have staff to process the insolvency table and personnel accounting
    • have no criminal record for a crime, insolvency or property offence, and
    • are in orderly financial circumstances
  • Completed questionnaire
  • Completed list of procedures
  • Proof of compliance with the requirements
  • Copy of the certificate or certificates relating to the qualification for the office of judge or a degree in business or economics or a license as a tax consultant, auditor or a comparable qualification (possibly with a blackened grade)
  • An unrestricted police clearance certificate (official certificate of good conduct)
  • A negative information of the Protection Association for General Credit Protection (SCHUFA) or a comparable credit report,
  • Proof of professional indemnity insurance including financial losses for risks arising from working 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 prove the requirements within three weeks after a corresponding additional claim from the insolvency court, do not submit all the necessary documents or refuse to check the documents
  • If the application is successful, admission to the pre-selection list is initially valid for an expected 2 years. After this period, you will probably be asked again to submit up-to-date data and, if necessary, documents
  • If your inclusion in the pre-selection list is rejected, you have the option of filing an application for a court decision within one month of the decision becoming known in accordance with § 23 of the Introductory Act to the Judicial Constitution Act (EGGVG)
  • When your application has been received, you will receive a confirmation of receipt
  • The decision on inclusion in the shortlist is made only once a year, so no specific processing time can be mentioned
  • The decision as to whether or not to admit you is usually made at the beginning of the year by the judges of the insolvency court.

An application for a court decision under § 23 (1) of the Introductory Act to the Judicial Constitution Act (EGGVG) can be filed with the Court of Appeal against the decision not to be included on the list.

  • Forms: no
  • OnlineService: no
  • Written form required: yes
  • Personal appearance required: no

The text was automatically translated based on the German content.

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

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