Insolvency advice; application for recognition as a "suitable body" within the meaning of the Insolvency Code

You can be recognised as a "suitable body" within the meaning of section 305 (1) no. 1 of the Insolvency Code (InsO). As a recognised body, you advise or represent the debtor, if necessary, in applying for and conducting insolvency proceedings. Consumer insolvency advice must in principle be offered to all those seeking help and may not in principle be restricted to a specific clientele.

Description

If consumer insolvency proceedings are to be conducted, the debtor must submit a certificate pursuant to section 305 (1) InsO issued by a suitable person or body stating that an out-of-court settlement with the creditors on the basis of a plan has been unsuccessfully attempted within the six months preceding the application for commencement of proceedings.

Members of the legal profession (e.g. lawyers, notaries, tax advisors) are deemed to be "suitable persons" and do not require state recognition as a "suitable body".

Recognition as a "suitable body" within the meaning of section 305 (1) no. 1 InsO is granted by the competent district government in each case (Art. 112 (1) Act on the Implementation of Social Laws - AGSG). This requires an application for recognition as a "suitable body".

Natural or legal persons, e.g. a welfare association, a municipality, a commercial sole proprietor or a commercial company, are entitled to apply.

The application must be made in writing (Art. 114 Para. 1 Sentence 1 AGSG). The district governments will send you the relevant forms and information on the required documents on request.

Prerequisites

The following requirements must be met and must always be demonstrated:

  1. The post is headed by a reliable person who also ensures the reliability of the individual staff members.
  2. The post is permanent and debt counselling is carried out as one of its priority tasks.
  3. At least one person with sufficient practical experience in debt counselling, regularly of at least two years, works in the office.
  4. The necessary legal advice is ensured.

Special notes

Since 01.01.2019, the independent cities and administrative districts have been responsible for ensuring insolvency advice. In doing so, they act in the transferred sphere of action (Art. 113 (1) Act on the Implementation of Social Laws (AGSG)).

Deadlines

The insolvency advice centre may only commence its activities after recognition by the respective district government. If the respective competent district government has not decided on an application for recognition within a period of three months after receipt of the application including the complete documentation, recognition shall be deemed to have been granted (Art. 114 (1) sentence 3 AGSG).

Required documents

  • Qualified certificate of good conduct for public authorities according to § 30 Abs. 5 BZRG (Bundeszentralregistergesetz) for all employees and authorized representatives
  • Documents on the professional careers of all employees
  • Declarations by the applicant that:

    • no criminal proceedings are pending
    • there is no legally binding conviction
    • no bankruptcy/insolvency proceedings have been initiated
    • economically orderly circumstances are present (documents)
    • no credit/financial mediation services are being operated
    • information from the debtors' register of the local court
    • no simultaneous activity for a debt collection agency is being carried out.

  • Extract from the central business register
  • Articles of association or partnership agreement
  • Certificate of non-profit status of the association
  • Property liability insurance
  • Balance sheet for the last three years
  • Concept and financing plan

Forms

Please select a location in "Localization" so that the address of the responsible authority can be filled in.

  • Prefillable Form, Bavaria-wide: Formloser Antrag (mit Unterschrift)
    Please note

    This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

    Dieser Assistent unterstützt Sie bei der Erstellung eines formlosen Schreibens, wenn die zuständige Stelle kein Antragsformular zur Verfügung stellt.

  • Prefillable Form, Bavaria-wide: Tätigkeitsbericht InsO
    Please note

    This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

  • Prefillable Form, Bavaria-wide: Kostennachweis zur Schuldner- und Insolvenzberatung
    Please note

    This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

Fees

  • The district government charges fees for the approval procedure in accordance with the time required for the examination.
    The decision on costs is based on Articles 1, 2, 6 (1) sentence 1 of the Costs Act (KG; BayRS 2013-1-1-F) in conjunction with. Tariff No. 7.VI.10/Insolvency advice of the cost directory (KVz; BayRS 2013-1-2-F).

    The costs amount to between € 25.00 and € 500.00, insofar as it is a matter of bodies that do not belong to any umbrella organisation of the voluntary welfare sector.
    No costs are levied for bodies of non-profit organisations that are affiliated to an umbrella organisation of voluntary welfare work.

Remedy

Administrative court proceedings; information

Action before the respective competent Bavarian Administrative Court

Links to more information

Status: 10.08.2021

Responsible for editing: Bayerisches Staatsministerium für Familie, Arbeit und Soziales

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  • Online transactions, Bavaria-wide
  • Online transactions, locally limited
  • Prefillable Form, Bavaria-wide
  • Legal bases, Bavaria-wide
  • Legal bases, locally limited
  • Fees, Bavaria-wide
  • Fees, locally limited
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