Ordinance Introducing the Federal Act on Debt Collection and Bankruptcy and the Federal Act on Debt Collection against Municipalities and other Public Law Corporations of Cantonal Law (EV SchKG) - Debt Collection and Bankruptcy Districts; Officials (Art. 1 and 2 DEBA)

1. The debt enforcement and bankruptcy districts, as well as the debt enforcement and bankruptcy officers, are designated in special legislation.

**1. The executions, recordings, and auctions are carried out by the Debt Collection and Bankruptcy Officer or their deputy, or according to their instructions by the staff of the Debt Collection and Bankruptcy Office. The Debt Collection and Bankruptcy Officer may authorize their deputy and staff to sign debt collection documents and documents in bankruptcy proceedings.**

**2. The executing bodies may involve the police in the cases provided for under federal law (such as Art. 64 para. 2, 91, 222 para. 3, 229 para. 1, 283 para. 2, and 284 of the Federal Act on Debt Collection and Bankruptcy).**

1. Depository Institutions are all banks with a registered office or branch in the Canton of Solothurn that hold an operating license pursuant to the Federal Act on Banks and Savings Banks of November 8, 1934.

1. The canton is liable for unlawfully caused damage according to Article 5 of the Federal Debt Collection and Bankruptcy Act (SchKG).

2. Recourse against state employees is governed by the Government Liability Act of June 26, 1966.

3. Recourse against individuals who are not state employees is governed by the Swiss Code of Obligations (Art. 398); such individuals may act as non-official bankruptcy administrators, trustees, or liquidators only if they can demonstrate professional liability insurance that meets the following requirements

a) The insurer is an insurance institution subject to federal supervision;

b) The insurance coverage amounts to at least 1 million Swiss francs per incident;

c) The insurance coverage exists for damages caused during the professional activity, even if they become known and are reported only after its termination;

d) The insurer commits to notifying the competent department of any suspension or termination of the insurance coverage.

1. Supervisory authority is the Debt Collection and Bankruptcy Chamber of the High Court (§ 33 of the Law on Court Organization dated March 13, 1977).

2. The supervisory authority shall annually report to the Cantonal Council on its activities and on the management of the debt collection and bankruptcy offices.

1. The appeal procedure before the cantonal supervisory authority is governed, subject to Article 20a of the Swiss Debt Enforcement and Bankruptcy Act (SchKG), by the provisions of the Administrative Procedure Act of November 15, 1970, concerning the procedure before the administrative judicial authorities.

1. Authority to Reject the Transfer of Assets to the State

The authority to reject the transfer of assets to the state is vested in the Department of Finance.

1. The President of the District Court is the first instance probate judge.

2. The higher cantonal probate court is the Superior Court.

1. For enforcement proceedings against the canton, the Debt Enforcement Office of the City of Solothurn is responsible.

2. For enforcement proceedings against municipalities of Solothurn, the Debt Enforcement Office responsible is the one within whose district the municipality is located.

3. For enforcement proceedings against other bodies under canton public law, the responsible Debt Enforcement Office is the one within whose district the body has its seat.

1. The amendments have been incorporated into the respective decrees.

1. Repealed are

a) Sections 3, 7, and 15 of the Act concerning the Introduction of the Federal Act dated April 11, 1889, on Debt Collection and Bankruptcy of September 6, 1891;

b) The Ordinance on the Introduction of the Federal Act dated December 4, 1947, on Debt Collection against Municipalities and Other Bodies of Cantonal Public Law of June 8, 1956;

c) The Ordinance on Deposit Institutions under the Federal Act on Debt Collection and Bankruptcy of December 16, 1994;

d) The Resolution of the Government Council on Secretaries of Debt Collection and Bankruptcy Offices of January 20, 1892;

e) The Resolution of the Government Council on Debt Collection: Signing of Documents, Calculation of Fees and Costs of January 11, 1898;

f) The Directive of the Government Council on Cattle Transactions: Notification and Registration of Cattle Pledges of January 16, 1912;

g) The Resolution of the Government Council on Debt Collection and Bankruptcy Officials with Permanent Deputies; Division of Work of July 8, 1930.

1. This regulation is subject to the approval of the Confederation (Art. 29 DEBA).

2. It is subject to a facultative referendum.

3. It enters into force on January 1, 1997.