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

You can be recognized as a "suitable body" within the meaning of Section 305 (1) No. 1 of the Insolvency Code (InsO). As a recognized body, you may advise or represent the debtor in applying for and conducting insolvency proceedings.

Description

If consumer insolvency proceedings are to be conducted, the debtor must, pursuant to Section 305 (1) InsO, submit a certificate 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 attempted unsuccessfully within the last six months prior to the application for commencement of proceedings.

Members of legal advisory professions (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 relevant district government (Art. 112 (1) Act on the Implementation of Social Laws - AGSG). For this purpose, an application for recognition as a "suitable body" is required.

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 submitted in writing (Art. 114 Par. 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 employees.
  2. The position is permanent and debtor counseling is carried out as one of its main tasks.
  3. At least one person with sufficient practical experience in debtor counseling, regularly at least two years, works in the office.
  4. The required legal counseling is ensured.

Special notes

Since January 1, 2019, the independent cities and counties have been responsible for ensuring insolvency counseling. 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 center may not commence its activities until it has been recognized by the respective district government. If the relevant 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

  • for commercial sponsors: draft fee schedule or fee agreement

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.

  • 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 Art. 1, 2, 6 Para. 1 Sentence 1 of the Costs Act (KG; BayRS 2013-1-1-F) in conjunction with. Tarif-Nr. 7.VI.10/Insolvenzberatung des Kostenverzeichnisses (KVz; BayRS 2013-1-2-F).

    The costs amount to between 25,00 € and 500,00 €, if it concerns places, which do not belong to a central association of the free welfare work.
    No costs are charged for bodies of non-profit organizations that are affiliated with a central association of independent welfare organizations.

    The Free State of Bavaria offers electronic processing of payment transactions at https://epay.bayern.de/eps-payplatform/start for payments to the Staatsoberkasse Bayern.

Legal bases

Remedy

Administrative court proceedings; information

Action at the respective competent Bavarian Administrative Court

Related issues

Status:07.08.2023

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

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