Act Introducing the Federal Act of 11 April 1889 on Debt Collection and Bankruptcy - Collection District

1. Each municipality of the canton forms a debt collection district.

2. Two or more municipalities can merge to form a debt collection district.

3. The municipal council is responsible for concluding the corresponding agreement.

1. The municipal council elects the enforcement officer and regulates the substitution.

1. The municipalities set the compensation for the debt enforcement office.

2. The fees are paid into the municipal treasury.

1. The municipalities are liable to the canton for damage caused by the negligence of the personnel employed in the debt enforcement office. If multiple municipalities are combined into a debt enforcement district, they are liable in proportion to their population.

1. In proceedings against the canton, municipalities, and other entities of cantonal public law, the locally competent bankruptcy office fulfills the duties of the debt collection office.

1. The government council designates one or more bankruptcy districts.

1. The Executive Council elects the bankruptcy officer for each bankruptcy district and regulates the deputization.

2. In special cases, the Executive Council may appoint an extraordinary deputy.

1. The government council sets the compensation for the bankruptcy offices.

2. The fees are paid into the state treasury.

1. In special cases, the debt enforcement office of the municipality in which the official act is carried out may be consulted.

1. The Supervisory Authority for Debt Enforcement and Bankruptcy consists of three members of the High Court.

1. The superior court elects the members of the supervisory authority and from among them the president at the first session of each term of office.

2. The remaining members of the superior court serve as substitute members of the supervisory authority.

1. The supervisory authority issues the directives and orders necessary for the orderly conduct of the debt collection and bankruptcy system and examines the administration of the debt collection and bankruptcy offices at least once a year.

2. It is also authorized to impose the disciplinary fines listed in Art. 14 of the Debt Collection and Bankruptcy Act (SchKG) as final.

3. It adjudicates complaints in the debt collection, bankruptcy, and probate proceedings.

1. Upon receipt of a complaint, the supervisory authority invites the opposite party and the respondent authority to submit a statement, provided the complaint is not obviously without merit. The authority may reconsider the contested decision until its statement is submitted. If a new decision is made, it must be communicated to the parties immediately and the supervisory authority must be informed (Art. 17 para. 4 DEBA).

2. The procedure before the supervisory authority is governed by Articles 17-21 DEBA and, subsidiarily, by the Administrative Procedure Act.

1. The supervisory authority reports to the Cantonal Council annually on its administration as part of the Superior Court's accountability report.

1. Jurisdiction of the Judicial Authorities in Proceedings under the DEBA

The jurisdiction of the judicial authorities in proceedings under the Swiss Debt Enforcement and Bankruptcy Act (SchKG) is determined by the provisions of the Swiss Code of Civil Procedure and this Act.

1. Depository Institutions within the Meaning of Art. 24 DEBA are the Branches of Swiss Banks and the Savings Banks in the Canton of Appenzell A.Rh. that are Subject to the Banking Act.

1. In the legal enforcement procedure, an enforceable judicial judgment within the meaning of Art. 80 of the Swiss Debt Enforcement and Bankruptcy Act (SchKG) is equated with

1. * ...

2. the legally binding orders and decisions concerning public-law claims, issued by private individuals and private organizations, provided they act in a sovereign capacity;

3.-4. * ...

1. The Municipal Council shall notify the single judge of the Cantonal Court if

1. all the heirs have renounced the inheritance or such renunciation is presumed (Art. 566 et seq. and Art. 573 of the Swiss Civil Code);

2. an estate for which official liquidation has been requested or ordered is found to be over-indebted (Art. 597 of the Swiss Civil Code).

1. Competent Authority for Refusing the Transfer of Existing Assets in the Event of the Termination of Official Bankruptcy Liquidation Due to Lack of Assets is the Government Council (Art. 230a para. 3 DEBA).

1. The debt enforcement and bankruptcy officials are required to report debt enforcement and bankruptcy offenses.

1. The retention of enforcement and bankruptcy records is governed by the Archiving Ordinance and the provisions of federal law.

1. Article 263 of the Act on the Introduction of the Swiss Civil Code shall apply mutatis mutandis to the recourse to extra-official bankruptcy administrations, trustees, and liquidators.

1. This law shall enter into force upon adoption by the Landsgemeinde.

1. The Cantonal Council is authorized to adapt the law to new federal legislation.

1. Article 261 of the Act of April 27, 1969, on the Introduction of the Swiss Civil Code is amended as follows

2. The amended text has been inserted into the relevant decree.

1. Upon the enactment of this law, the Execution Ordinance to the Debt Enforcement and Bankruptcy Act (SchKG) of April 27, 1913, is repealed.