Ordinance on the Examination for the Certificate of Competence to Manage a Debt Collection Office

1. The following must be submitted with the written registration for the examination

a) a concise curriculum vitae outlining the previous educational path and previous professional activity;

b) a Certificate of Legal Capacity;

c) an extract from the Debt Collection Register for the past five years;

d) an extract from the Federal Criminal Register;

e) proof of sufficient practical experience;

f) proof of attendance at subject-specific courses.

2. The issue date of the certificates and register extracts referred to in sections b, c, and d must not be more than three months old.

1. Sufficient practical experience is deemed to exist if the candidate provides evidence of at least one year of practical experience as a bailiff with a provisional certificate of competence, or at least two years of practical experience as a deputy.

2. All other candidates must provide evidence of at least two years of practical experience in a bailiff's office and submit a recommendation from the supervising bailiff.

1. The Debt Enforcement and Bankruptcy Commission of the Supreme Court is responsible for the recognition of specialized courses required for the completion of the examination.

1. The Examination Board decides on admission to the examination. An appeal against the admission decision can be lodged with the Administrative Court.

1. The examination fee pursuant to § 7 para. 2 lit. b of the Fee Ordinance (GebührV) dated March 13, 2024, must be paid within 10 days of the delivery of the admission decision.

2. Anyone who fails to pay the fee despite a reminder will not be admitted to the examination.

3. ...

1. The examination covers the following areas

a) Debt Enforcement and Bankruptcy Law (notably the DEBA, implementing regulations for DEBA, ordinances and circulars from the Federal Council, the Federal Supreme Court, and the Cantonal Supreme Court), including bankruptcy and enforcement offenses;

b) * Principles of Civil Procedure Law and the organization of cantonal authorities;

c) Principles of Private Law (notably the Code of Obligations and the Civil Code) as well as the Federal Act on the Acquisition of Real Estate by Persons Abroad.

1. The examination consists of a written and an oral part; only those who have passed the written examination are admitted to the oral examination.

1. The examination is generally conducted once a year. The examination committee publishes the dates in a timely manner in the Aargau Official Gazette.

1. The written examination consists of a four-hour written test.

2. The examination board determines which aids, in addition to legal texts, may be used.

3. Anyone who uses unauthorized aids or commits other dishonest acts does not pass the examination and will be excluded from the examination at the next scheduled date.

1. The following grading scale applies to the written work, with intermediate grades in the form of half-numbers permitted

6 very good

5 good

4 satisfactory

3 insufficient

2 poor

1 very poor

2. The written examination is passed by achieving a grade of at least 4.0.

1. During the oral examination, the candidate shall be questioned by the examination committee for no more than one hour.

2. The oral examination shall be graded according to the grade scale set forth in § 10 paragraph 1.

1. The examination is passed if the average of the written and oral exam grades is at least 4.0. The grades of the written and oral examinations are weighted equally.

2. The examination board announces the examination result immediately after the oral examination.

3. Those who have not passed the examination must retake the entire examination during a retake.

1. The member of the examination commission elected from among the ranks of the enforcement officers shall receive a compensation of CHF 100.- per hour.

1. This regulation shall be published in the collection of laws. It shall enter into force on January 1, 2006, subject to the approval by the Federation.