Introductory Act to the Federal Act on Debt Collection and Bankruptcy (EG SchKG) - 1. Debt Enforcement District

1. Each municipality constitutes a debt collection district.

2. Two or more municipalities may join together to form a debt collection district with the approval of the Debt Collection and Bankruptcy Commission of the Superior Court.

3. If several municipalities form a debt collection district, they shall regulate cooperation, organization, and cost allocation by contract. The municipal councils are responsible for concluding the contract.

1. The canton forms a bankruptcy district.

2. The Debt Enforcement and Bankruptcy Commission of the Superior Court may establish regional offices as needed, modify them, and dissolve them.

1. The municipal council at the location of the debt collection office appoints the debt collection officer and the deputy.

2. The residential municipalities regulate the salaries of the personnel of the debt collection office operated by them.

1. An individual eligible for employment as a debt enforcement officer or deputy must possess the certificate of competence issued by the Debt Enforcement and Bankruptcy Commission of the Higher Court.

2. The Debt Enforcement and Bankruptcy Commission of the Higher Court may issue a provisional certificate of competence to applicants. This provisional certification will lapse if the individual concerned does not obtain the certificate of competence within the period set by the Debt Enforcement and Bankruptcy Commission of the Higher Court.

1. The certificate of competence is generally issued on the basis of an examination taken by the applicant.

2. Anyone who holds a lawyer's or notary's license, has completed a law degree, or possesses an equivalent certificate of competence from another canton is exempt from the examination requirement. The Bankruptcy and Debt Enforcement Commission of the Superior Court decides on any further exceptions.

1. Eligible candidates for examination are those who are fully competent, of good repute, and can demonstrate attendance in subject-specific courses and sufficient practical experience at a debt enforcement office.

2. The Government Council shall issue the necessary implementing regulations.

1. The examination covers in particular the Debt Collection and Bankruptcy Act (SchKG) and the implementing provisions of federal and cantonal law. It is to be designed with practical orientation.

2. The examination consists of a written and an oral part.

3. Anyone who has failed the examination three times will not be admitted to any further examination.

4. The government council regulates the examination material and the conduct of the examination.

1. The Debt Enforcement and Bankruptcy Commission of the High Court shall appoint an examination commission for a term of four years and designate a chairperson as well as a deputy chairperson. The term of office begins on October 1 of the year in which the term of the Grand Council and the Government Council begins.

2. The examination commission shall consist of a high court judge, the debt enforcement inspector, and a debt enforcement officer as well as two alternate members with relevant professional experience or certification.

3. ...

2. The Government Council regulates the compensation of the commission members.

1. If the debt enforcement officer or their deputy is prevented from performing their duties due to recusal or for any other reason, the Debt Enforcement and Bankruptcy Commission of the Higher Court shall appoint the debt enforcement officer from another enforcement district as a special deputy.

1. The Debt Enforcement and Bankruptcy Commission of the Superior Court appoints the chief bankruptcy officer, the bankruptcy officers, and the deputy officers.

2. The chief bankruptcy officer appoints the necessary personnel.

1. The Chief Bankruptcy Officer instructs the bankruptcy officers, ensures the distribution of workload among the offices, and supervises the management of affairs.

2. Upon the application of the Chief Bankruptcy Officer, the Debt Collection and Bankruptcy Commission of the Higher Court may, in exceptional cases, appoint qualified third parties as extraordinary deputies.

1. In debt enforcement proceedings against municipalities and other bodies of cantonal public law, the bankruptcy office exercises the function of the debt enforcement office.

1. The president of the district court is the lower cantonal supervisory authority over the debt collection offices within their district.

2. If a debt collection district is formed from municipalities of several districts, the president of the district court exercises supervision in the district where the debt collection office is headquartered.

1. The Debt Enforcement and Bankruptcy Commission of the Higher Court is the superior cantonal supervisory authority over the enforcement offices.

1. The higher supervisory authority has exclusive jurisdiction over the administrative supervision and disciplinary powers mentioned in Art. 14 of the Debt Enforcement and Bankruptcy Act (SchKG).

2. Administrative supervision particularly includes

a) conducting inspections within the area of the debt collection offices,

b) issuing instructions.

1. The Debt Enforcement and Bankruptcy Commission of the Superior Court is the sole cantonal supervisory authority over the Bankruptcy Office.

1. To support the upper cantonal supervisory authority in the area of enforcement offices, a Debt Enforcement Inspectorate is established, which is subject to the Debt Enforcement and Bankruptcy Commission of the Supreme Court.

2. The Debt Enforcement Inspectorate is headed by the Debt Enforcement Inspector or Inspectress.

3. The canton charges the municipalities or the enforcement offices for the costs of the Debt Enforcement Inspectorate in proportion to the number of enforcement proceedings.

1. The Debt Enforcement Inspectorate reviews the management of the debt enforcement offices at least once a year and communicates the results of the review to the higher supervisory authority.

2. It provides information to debt enforcement officers, offers them assistance in the execution of official duties, and is responsible for their further training.

2. The president of the district court acts as the probate judge of the first instance (Art. 293-350 SchKG).

1. Complaints and petitions must be submitted in writing.

2. Unless the Swiss Debt Enforcement and Bankruptcy Act (SchKG) provides otherwise, the provisions of summary proceedings pursuant to Article 248 et seq. of the Swiss Civil Procedure Code (Civil Procedure Code, CPC) of December 19, 2008, shall apply mutatis mutandis to proceedings before the lower cantonal supervisory authority over the debt collection offices pursuant to § 14 and before the supervisory authority over the bankruptcy office pursuant to § 17a, and the provisions of complaint proceedings pursuant to Article 319 et seq. CPC shall apply mutatis mutandis to proceedings before the upper cantonal supervisory authority over the debt collection offices pursuant to § 16.

3. The supervisory authority obtains the statement of the office against which the submission is directed and, if necessary, reports from the opposing party or third parties involved. It carries out the investigations it deems necessary to clarify the facts of the case.

1. The procedure for civil disputes arising from bankruptcy and insolvency law is governed by the provisions of civil procedure law.

2. ...

1. As an out-of-office bankruptcy administrator, as an administrator, and as a liquidator, only those individuals can be appointed who provide proof of professional liability insurance that covers damages of at least 1 million Swiss francs per case.

1. The following are recognized as public holidays

a) New Year's Day

b) Berchtold's Day

c) Good Friday

d) Easter Monday

e) May 1st

f) Ascension Day

g) Whit Monday

h) Corpus Christi

i) August 1st

k) Assumption of Mary

l) All Saints' Day

m) Immaculate Conception

n) Christmas Day

o) St. Stephen's Day.

**1. Depository Institutions in the Sense of Art. 24 of the Swiss Debt Enforcement and Bankruptcy Law**

Depository institutions in the sense of Article 24 of the Swiss Debt Enforcement and Bankruptcy Law (SchKG) include the Aargauische Kantonalbank and other institutions subject to the Federal Act on Banks and Savings Banks (Banking Act, BankG) of November 8, 1934.

1. The Department of Finance is the competent cantonal authority according to Art. 230a para. 3 of the Swiss Federal Debt Enforcement and Bankruptcy Act (SchKG).

1. Enforcement officers or deputies who are in office at the time of the entry into force of this law may exercise their office without a certificate of competence for up to five years after the entry into force of this law.

2. Exempt from the obligation to take the examination are

a) Enforcement officers who have held their office full-time for at least five years at the time of the entry into force of this law and have independently handled at least 1,000 enforcement cases annually,

b) Deputies who have held their office for at least five years at the time of the entry into force of this law and have independently handled at least 1,000 enforcement cases in total.

1. The Implementation Act to the Federal Act on Debt Collection and Bankruptcy (AGSchKG) of October 13, 1964 is repealed.

2. The Civil Procedure Act (Swiss Code of Civil Procedure, SCCP) of December 18, 1984 is amended as follows

*Text inserted in the relevant enactment.*

3. The Introductory Act to the Swiss Code of Obligations (Introductory Act CO) of December 27, 1911 is amended as follows

*Text inserted in the relevant enactment.*

1. This law shall be published in the legislative collection after the unused expiration of the referendum period or upon acceptance by the populace. The governing council shall determine the date of its entry into force.