Legislator Case Law & Legislation
281.1 EGSCHKGLALP CH-VS

Art. 3a Act implementing the Federal Act on Debt Collection and Bankruptcy (LALP) - Supervisory Authority

Organization - General
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Art. 3a EGSchKG - Supervisory Authority · Supervisory Authority

1. The supervisory authority is

a) the appellate authority (Art. 19), when the law grants the supervisory authority the competence for decisions that have direct external legal effects on the petitioner in a debt enforcement or bankruptcy proceeding (judicial supervision);

b) the State Council in disciplinary matters pursuant to Article 14 paragraph 2 DEBA (disciplinary supervision);

c) the department responsible for the debt enforcement and bankruptcy offices (hereinafter: department) in all other cases (administrative supervision).

2. The department exercises administrative supervision over a debt enforcement and bankruptcy delegate. Moreover, it receives support from the cantonal financial inspectorate.

3. The department must also

a) optimize the personnel and material resources of the offices;

b) support the heads in professional matters and offer them and the personnel of the offices specific training;

c) ensure uniform practice in the offices;

d) issue general or specific directives;

e) provide the offices with a legal database;

f) conduct annual inspections and, if necessary, extraordinary inspections;

g) inform the public about the DEBA and manage the internet presence.

← Art. 3 EGSchKG - Management and Staff of the Office Act implementing the Federal Act on Debt Collection and Bankruptcy (LALP) - Principles Art. 4 EGSchKG - Publication →

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Court Decisions Applying This Provision (1)

LP 19 43 · vs (art. 3a LALP en lien avec l’art. 18 al. 2 ORFI, ainsi que art. 19 al. 4 LALP)
Office of Property Administrator Defense in Tenant Lease Dispute
Cited as the basis for the Cantonal Tribunal's jurisdiction as the higher supervisory authority over the lower authority's decision regarding enforcement proceedings.