Service Finder
Debtor and consumer insolvency advice center - recognition
Service Description
In order to be allowed to advise debtors in the context of consumer insolvency proceedings, state recognition is required, which is granted by the Thuringian Ministry for Migration, Justice and Consumer Protection (TMMJV) by means of a notice.
Process flow
The application for recognition must be submitted in writing to the TMMJV. A decision on recognition will be made in the form of a notice containing information on legal remedies. An appeal against the negative decision can be lodged with the administrative court.
Who should I contact?
Please contact the Thuringian Ministry for Migration, Justice and Consumer Protection - Department 40.
Requirements
The requirements for recognition are set out in Section 1 (1) of the Thuringian Act on the Implementation of the Insolvency Code (ThürAGInsO). According to this, advice centers can be recognized as suitable if
- they are sponsored by a non-statutory welfare association or a member of an association, a district or a district-free city, a municipality, other legal entities under public law or a consumer advice center,
- they are managed by a reliable and sufficiently knowledgeable person who also monitors the reliability of the individual employees,
- they are established on a permanent basis,
- they employ at least one person who has sufficient practical experience in debt counseling,
- they provide the necessary legal advice and
- they meet the other professional requirements to be regulated by the ministry responsible for consumer insolvency advice by statutory order.
Furthermore, according to Section 1 (2) ThürAGInsO, advice is excluded if credit, financial, financial brokerage or similar services are provided commercially in addition to consumer insolvency advice.
Which documents are required?
In accordance with Section 7 of the Thuringian Regulation on the Requirements for Suitable Bodies in Consumer Insolvency Proceedings and on the Recognition Procedure (ThürVIBSVO), the application must be accompanied by
- a certificate in accordance with Section 1 (1) sentence 2 no. 1 ThüAGInsO,
- the articles of association and a current excerpt from the register of associations,
- proof that a certificate of good conduct for the director has been applied for in accordance with Section 30 (5) of the Federal Central Criminal Register Act,
- a written assurance from the director that no criminal proceedings are pending against him/her, that he/she is living in good financial circumstances and that he/she does not provide credit, financial, financial brokerage or similar services or has not done so in the five years prior to the application,
- proof of the number of full-time counseling specialists as well as their qualifications and professional experience in debt counseling in accordance with §§ 2 and 3 ThürVIBSVO,
- a business plan or a description of the financing of the office for which recognition is requested as proof of permanence in accordance with Section 1 (1) sentence 2 no. 3 ThürAGInsO,
- a description of how the required legal advice is ensured in accordance with Section 1 (1) sentence 2 no. 5 ThürAGInsO,
- a written assurance that none of the services listed in Section 1 (2) ThürAGInsO are provided in addition to consumer insolvency advice, as well as a declaration by the provider in accordance with Section 6 ThürVIBSVO,
- a description of the facilities and location of the premises and details of opening hours
- a concept for counseling activities and
- confirmation of non-profit status in the case of non-municipal facilities.
What are the fees?
none
What deadlines do I have to pay attention to?
Applications must be submitted in good time before the start of the consultation.
Legal basis
§ Section 305 (1) no. 1 of the Insolvency Code (InsO) in conjunction with Section 1 (1) of the Thuringian Act on the Implementation of the Insolvency Code (ThürAGInsO) in conjunction with the Thuringian Ordinance on the Requirements for Suitable Bodies in Consumer Insolvency Proceedings and on the Recognition Procedure (ThürVIBSVO)
Applications / forms
It is possible to file a complaint with the competent administrative court.
Appeal
Informal application for recognition as a suitable body in consumer insolvency proceedings
Author
The text was automatically translated based on the German content.
Technically approved by
This text was released by the Ministry of Migration, Justice and Consumer Protection.
Professionally released on
13.10.2016
Source: Zuständigkeitsfinder Thüringen (Linie6Plus)
Competent Authority
Thüringer Ministerium für Migration, Justiz und Verbraucherschutz - Referat 40
Address
99096 Erfurt
