Service Finder
Apply as an insolvency administrator or insolvency administrator
Service Description
The appointment of an insolvency administrator is generally made by the competent insolvency judge at his own discretion. One possibilityOne way of becoming a potential insolvency administrator is through the so-called pre-selection list.
If you apply successfully 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 appointed as an insolvency administrator.
If you are included in the pre-selection list for insolvency administrators, you are obliged to notify the relevant insolvency court immediately of any changes affecting your suitability as an insolvency administrator.
If your application is rejected, you may reapply in the future.
Process flow
You should submit your application for inclusion on the pre-selection list for insolvency administrators in writing to the relevant insolvency court, enclosing all the necessary supporting documents.
- The court will check whether your application is complete.
- If you need to provide additional documents, the court will contact you and request that you provide them.
- 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 an insolvency administrator in future insolvency proceedings by the competent insolvency judge.
- However, you have no legal entitlement to be appointed as an insolvency administrator.
- If your inclusion in the pre-selection list is rejected, legal action may be taken in accordance with sections 23 et seq. of the EGGVG.
Who should I contact?
Please contact the relevant insolvency court.
Please contact the competent insolvency court.
Requirements
There is no training or course of study to become an insolvency administrator directly. To apply for inclusion in the pre-selection list as an insolvency administrator, you must:
- be qualified to hold judicial office or have a university degree in business or economics, or be licensed as a tax advisor, 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 felony, insolvency or property offense, and
- be in orderly financial circumstances.
Which documents are required?
- Procedure list
- Proof of fulfillment of the requirements
- a copy of the certificate or certificates confirming qualification as a judge, or a university degree in business or economics, or a license to practice as a tax advisor, auditor or comparable qualification (with the grade blacked out, if applicable)
- an unrestricted police clearance certificate (official clearance certificate)
- 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
What are the fees?
Fee: free of charge
What deadlines do I have to pay attention to?
- There are no fixed application deadlines. The decision on inclusion in the pre-selection list is often made at the beginning of each year - deviations are possible.
- If your inclusion in the pre-selection list is rejected, you have the option of filing an application for a court decision pursuant to sections 23 et seq. of the Introductory Act to the Judicature Act (EGGVG) within one month of becoming aware of the decision.
Processing duration
The decision on inclusion in the shortlist is usually made only once a year, so no specific processing time can be given.
Legal basis
Applications / forms
An appeal against the decision not to be included on the list may be made to the Thuringian Higher Regional Court in accordance with sections 23 et seq. of the Introductory Act to the Judicature Act (EGGVG).
Appeal
- Forms: no
- Online service: no
- Written form required: yes
- Personal appearance required: no
Author
The text was automatically translated based on the German content.
Technically approved by
Thuringian Ministry for Migration, Justice and Consumer Protection
Professionally released on
12.09.2022
Source: Zuständigkeitsfinder Thüringen (Linie6Plus)
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