Introductory Act to the Federal Act on Debt Collection and Bankruptcy (EGzSchKG) - Collection and Bankruptcy Districts (EGZSCHKG)

1. Each region constitutes a debt enforcement and bankruptcy district.

2. Two or more regions may consolidate the management and administration of their debt enforcement and bankruptcy offices. Such an arrangement requires approval from the supervisory authority.

3. If the professional, orderly, or appropriate management of a debt enforcement and bankruptcy office is not ensured, the supervisory authority may order the consolidation of its management and administration with that of another debt enforcement and bankruptcy office.

1. The region determines the location of its Debt Enforcement and Bankruptcy Office.

2. With the approval of the supervisory authority, the Debt Enforcement and Bankruptcy Office may maintain branch offices. The administrative and professional management of the branch offices is the responsibility of the Debt Enforcement and Bankruptcy Office.

1. The management of the Debt Collection and Bankruptcy Offices as well as any branch offices is the responsibility of the regions.

1bis. To the extent necessary for the performance of this task, the regions are entitled to inspect the management of the Debt Collection and Bankruptcy Offices and any branch offices.

2. The regions regulate the management of the Debt Collection and Bankruptcy Offices and any branch offices in an organizational regulation, to the extent authorized and instructed to do so by this law. The organizational regulation particularly contains provisions on the proper conduct of debt collections and bankruptcies in the region, as well as the efficient use of personnel and resources.

3. The organizational regulation must be submitted to the supervisory authority for approval.

1. The region shall appoint a Debt Collection and Bankruptcy Officer and their deputy to lead its Debt Collection and Bankruptcy Office.

2. The officeholder is responsible for the administrative and professional management of the Debt Collection and Bankruptcy Office as well as any external branches.

3. A person may be appointed as a Debt Collection and Bankruptcy Officer or deputy who possesses the required personal and professional qualifications. The details are regulated by the government through an ordinance.

1. Other employees within the meaning of this law include all other qualified caseworkers and the staff of the registry offices of the debt enforcement and bankruptcy authorities.

2. The organizational regulations must particularly include information regarding the competencies and signing authorities of the other employees.

1. The employment relationship of all officers and employees of the debt enforcement and bankruptcy office, as well as other staff, is established by public law contract.

2. Insofar as the organizational regulations do not contain any differing provisions, the provisions of the cantonal personnel and pension law apply.

1. The region must promptly notify the supervisory authority of the appointment and resignation of public officials. It informs the supervisory authority of any breaches of duty by debt enforcement and bankruptcy officials that could justify the imposition of a disciplinary measure.

2. In the event of changes in personnel composition, the region must appropriately publish the names of the persons concerned. The supervisory authority periodically informs about the personnel composition of the debt enforcement and bankruptcy offices.

3. The bankruptcy court and the composition court are obliged to promptly notify the supervisory authority of the appointment of persons entrusted with the management, liquidation, or non-official bankruptcy administration.

1. The region regulates the fixed salary of its debt collection and bankruptcy officers, as well as other employees, in the organizational regulations.

1. Officials, their employees, and assistants, as well as individuals tasked with extrajudicial bankruptcy administration, asset management, or liquidation, supervisory and judicial authorities, and the police are obliged to maintain confidentiality regarding all knowledge gained and secrets entrusted to them in the exercise of their duties, unless there is a right of access to records and registers under federal law or they are explicitly required by regulations to report or disclose such information to authorities.

1. Insofar as the Federal Law on Debt Collection and Bankruptcy and this law contain no provisions, the procedure is governed by the Code of Civil Procedure and the cantonal implementing legislation.

1. Civil liability is governed by Articles 5 and 6 of the Federal Act on Debt Collection and Bankruptcy.

2. The canton may, in proceedings according to the Act on State Liability, seek recourse against individuals who have unlawfully caused damage through intentional or grossly negligent breach of their official duties.

1. The canton insures officials and employees, their assistants, persons entrusted with extra-official bankruptcy administration, asset management, or liquidation, supervisory and judicial authorities, as well as the police against claims for damages for harm caused unlawfully in the fulfillment of tasks assigned to them by the Federal Act, in accordance with Article 5 of the Federal Act on Debt Collection and Bankruptcy.

2. The government determines the amount of the guarantee sum and any possible deductible, specifies the distribution of premiums, and regulates further details in an ordinance.

1. Sole Cantonal Supervisory Authority according to Article 13 and Appellate Body according to Article 17 of the Federal Act on Debt Collection and Bankruptcy is the High Court.

2. The High Court designates the competent authorities in its rules of procedure.

1. The supervisory authority exercises the professional oversight over the entire enforcement and bankruptcy system and performs the powers and duties assigned to it under federal law.

2. It may issue circulars and directives that are generally applicable or binding in individual cases within the framework of federal law.

**1. The Supervisory Authority shall regularly examine or cause to be examined the management of the Debt Enforcement and Bankruptcy Offices, and shall take appropriate measures to prevent or eliminate undesirable or disorderly conditions.**

**2. It ensures a proper handover of office.**

**3. It may conduct introductory and advanced training courses and declare participation mandatory.**

**4. It maintains an advisory service that advises the Debt Enforcement and Bankruptcy Offices on matters of general management and in specific individual cases.**

**5. It approves the merger of two or more Debt Enforcement or Bankruptcy Offices, the establishment of branch offices, as well as the organizational regulations.**

1. The supervisory authority exercises the disciplinary powers conferred upon it pursuant to Article 14, paragraph 2 of the Federal Act on Debt Collection and Bankruptcy.

1. The supervisory authority appoints one or more debt enforcement and bankruptcy inspectors.

2. The debt enforcement and bankruptcy inspectors

a) examine the administration of the debt enforcement and bankruptcy offices at least once a year and communicate the results of the examination to the Superior Court;

b) provide information to the debt enforcement and bankruptcy officers;

c) offer assistance to the debt enforcement and bankruptcy officers in the execution of official duties;

d) are responsible for further education.

3. The government sets the daily allowance for the debt enforcement and bankruptcy inspectors employed in secondary positions. It may deviate from the rates provided in Article 70 of the Law on the Employment Relationship of the Employees of the Canton of Graubünden.

1. Complaints pursuant to Article 17 of the Federal Act on Debt Enforcement and Bankruptcy, as well as applications and notifications, must be submitted in writing.

2. The supervisory authority shall obtain the necessary statements and clarify the facts ex officio.

3. A party hearing does not take place.

4. Otherwise, the provisions of the Code of Civil Procedure shall apply mutatis mutandis.

1. The supervisory authority may initiate disciplinary proceedings based on a report or ex officio.

2. It shall inform the affected official and the concerned region and make the necessary inquiries.

3. Upon completion of the investigation, the affected person will be given the opportunity to comment; if necessary, an oral hearing must be conducted.

4. The disciplinary decision, along with a statement of the facts and essential considerations, shall be communicated in writing to the affected person and the concerned region.

5. In other respects, the provisions of the Administrative Procedure Act regarding proceedings before cantonal administrative authorities shall apply mutatis mutandis.

1. Costs and party compensations in all proceedings before the supervisory authority are governed by the provisions of federal law, and if these provide no guidance, by those of the Civil Procedure Code and the cantonal introductory legislation.

1. The Regional Court is the lower probate court.

2. The Superior Court is the upper cantonal probate court.

1. Depository Institution according to Articles 9 and 24 of the Swiss Federal Act on Debt Enforcement and Bankruptcy is the Graubündner Kantonalbank with its branches.

2. The government may designate additional depository locations.

1. Officials are authorized, within the framework of the Federal Act on Debt Enforcement and Bankruptcy, to enlist the assistance of cantonal and municipal police. Generally, the administrative assistance is provided free of charge.

1. The authority responsible for executing proceedings against the canton, municipalities, other public corporations, and autonomous institutions of cantonal public law is the regular debt collection and bankruptcy officer.

2. If there are grounds for disqualification according to Article 10 of the Federal Act on Debt Collection and Bankruptcy, the cantonal supervisory authority shall designate the competent debt collection office.

3. When requests for attachment are filed against municipalities, the debt collection office must notify the cantonal office responsible for the oversight of the municipalities.

1. The officials shall file a criminal complaint with the public prosecutor's office when, in the exercise of their official duties, they have reasonable suspicion of bankruptcy or insolvency offenses.

1. The Debt Collection and Bankruptcy Office is obligated to properly archive records that are no longer needed.

2. The region must provide suitable premises for this purpose.

1. The department responsible for finances is the authority designated pursuant to Article 230a, paragraph 3 of the Federal Act on Debt Collection and Bankruptcy.

1. The provisions of this Act also apply to proceedings that are pending at the time of its entry into force. In the event that a municipality is reassigned to another region and thus to another debt enforcement and bankruptcy office as a result of territorial reform, local jurisdiction shall be determined analogously according to the provisions relating to a change of residence pursuant to Article 53 of the Federal Act on Debt Enforcement and Bankruptcy.

2. The districts and precincts, in cooperation with the transitional body in accordance with Article 103h of the Municipal Act, shall ensure an orderly transition of business for the debt enforcement and bankruptcy offices.

3. With the entry into force of this Act, the current terms of office for the debt enforcement and bankruptcy officials shall terminate.

1. The law is subject to an optional referendum.

2. The government determines the date of its entry into force.