Kanton Glarus (EGSCHKG)

Debt Enforcement and Bankruptcy District

1 The Canton of Glarus forms a single debt enforcement and bankruptcy district for the execution of debt enforcement proceedings and bankruptcies.

Debt Enforcement Office, Bankruptcy Office

2

1 The Debt Enforcement Office and the Bankruptcy Office are merged. *

*

3 The Head of Office is authorized to engage private individuals for specific

duties, whose costs, within the permitted scope, shall be borne by the relevant

bankruptcy estate or debt enforcement proceedings.

Incompatibility and Recusal

1 Persons performing functions of the supervisory authority, as well as employees of the debt enforcement and bankruptcy office, may not be members of the administrative bodies of credit institutions or similar commercial enterprises. *

2 If a person from the debt enforcement and bankruptcy office is recused, the head of the office shall assign the procedure to another person. If necessary, the supervisory authority shall appoint extraordinary debt enforcement or bankruptcy officials, who may also be private individuals (Art. 5).

3 The supervisory authority shall decide on disputed recusal requests.

Organisation, Signature Regulations

1 The Debt Enforcement and Bankruptcy Office forms part of the cantonal

administration and is integrated into the department designated by the Government Council. *

2*

SBE VI/5 413

1

III D/1

### Processing by Private Parties

1 To the extent permitted by federal law, in special circumstances, private

parties may be appointed as extraordinary bankruptcy administrators,

supervisors, liquidators, or as auxiliary personnel.

2 Private parties or private firms are subject, in particular, to official secrecy

and regulatory oversight.

3 The appointing body shall, as a rule, require proof of professional indemnity

insurance with sufficient coverage.

4

*

Deposit Institution

1 The Glarner Kantonalbank is designated as the deposit institution (Art. 24 Debt Enforcement and Bankruptcy Act).

Service of Documents

1 The documents of the debt enforcement and bankruptcy office are generally served by post.

2 If service by post fails, the documents will, where possible, be served directly by the debt enforcement and bankruptcy office. If this is not possible, service shall be effected by the cantonal police. *

**2. Supervisory Authorities and Procedure**

*Supervisory Authority*

1 The Government Council shall designate the department responsible for enforcement and bankruptcy matters. It may transfer administrative, professional, and organizational supervision to an administrative authority subordinate to the department.

2 The President of the Cantonal Court shall decide on complaints within the meaning of Article 17 SchKG in the first instance. The Higher Court shall decide on complaints pursuant to Article 18 SchKG in the second instance.

Proceedings

1 Where federal law and this Act contain no provision, the Administrative

Justice Act (VRG)¹) applies to proceedings before the supervisory authority

and legal protection.

1) GS III G/1

2

III D/1

2 For appeal proceedings under Articles 17 and 18 SchKG, Articles 319 et seq.

apply mutatis mutandis, and additionally the summary procedure of the CPC.

3 Disciplinary measures ordered by the supervisory authority are subject to

direct appeal to the Administrative Court.

3. Further Provisions

Administrative Orders as Legal Basis for Provisional Attachment/Opening of Execution Proceedings

1. Orders concerning public law claims are enforceable through debt collection proceedings in accordance with Article 129 of the Administrative Justice Act (VRG).

Fees

1 Insofar as the federal Ordinance on Fees in Debt Collection and Bankruptcy Law (SchKG) contains no provisions, the Ordinance on Official Costs in Administrative Proceedings and Administrative Legal Aid²) or the Ordinance on Official Costs in Civil and Criminal Proceedings³) is applicable.

4. ...

*

Arts. 13-23 *

5. Final and Transitional Provisions

Repeal of Previous Law

1 The Cantonal Implementing Act of 6 May 1906 concerning the Federal Act of

11 April 1899 on Debt Enforcement and Bankruptcy is hereby repealed.

2 All provisions contrary to the present law, especially those in the Code of Civil Procedure, are repealed.

1. Für Beschwerdeverfahren, aufsichts- und disziplinarrechtliche Verfahren sowie gerichtliche Verfahren, die vor Inkrafttreten dieses Gesetzes hängig geworden sind, gilt für die sachlichen Zuständigkeiten das bisherige kantonale Recht.

1. Dieses Gesetz tritt mit der Annahme durch die Landsgemeinde und der Genehmigung durch den Bund in Kraft[[4]](#paragraphtext_content_fn_188582_2_4_c).