Legislator · Canton of Graubünden — Cantonal Legislation
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220.010 RVZEGZSCHKGOLADLEF CH-GR

Ordinance on the Introductory Act to the Federal Act on Debt Collection and Bankruptcy (RVzEGzSchKG) - Personal Suitability (RVZEGZSCHKG)

10 Articles / Provisions · Canton of Graubünden — Cantonal Legislation
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Table of Provisions (10)

Statutory Text (10 Provisions)

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1. The Enforcement and Bankruptcy Officer, or their Deputy, is personally qualified if

a) they possess Swiss citizenship or are legally residing in Switzerland;

b) they are legally competent;

c) there is no criminal conviction for actions incompatible with the profession of Enforcement and Bankruptcy Officer, unless such conviction no longer appears in the criminal record extract for private individuals;

d) there are no certificates of unpaid debts.

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1. The enforcement and bankruptcy officer, as well as their deputy, are deemed professionally qualified if they

a) possess a recognized degree in the fields of law or business administration; or

b) hold the federal professional certificate as an enforcement and bankruptcy specialist.

2. A recognized degree within the meaning of paragraph 1 letter a is considered to be a bachelor's level degree from a university, university of applied sciences, or an equivalent educational institution.

3. If the requirements of paragraph 1 are not met, the enforcement and bankruptcy officer and their deputy must acquire either a recognized degree or the federal professional certificate within five years of their election. The High Court may extend this deadline in justified exceptional cases.

4. In justified exceptional cases, the requirements of paragraph 1 may be deviated from with the consent of the High Court.

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1. The Debt Collection and Bankruptcy Office has access to the data it requires to fulfill its legal duties. The right of access does not extend to particularly sensitive personal data or personality profiles.

2. Data access can be carried out through a retrieval procedure. Mass inquiries are possible.

3. Furthermore, the provisions of the law on civil registry and other personal and object registries apply.

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1. The guaranteed sum per loss event for bodily injury, property damage, and pure financial losses as well as for loss prevention costs is at least 3 million Swiss francs.

2. The guaranteed sum per loss event for embezzlement losses is at least 0.5 million Swiss francs.

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1. The deductible amounts to a minimum of 500 Swiss Francs and a maximum of 10,000 Swiss Francs per incident.

2. In cases of pure financial loss, the deductible amounts to at least 500 Swiss Francs plus 10 percent of the remaining damage, and a maximum of 50,000 Swiss Francs per event.

3. The deductible is borne by the canton or the enforcement authorities.

4. The canton charges the enforcement and bankruptcy offices, non-official bankruptcy administrations, trustees, and liquidators, as well as the supervisory and judicial authorities, the deductible for the damages caused by them.

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1. The canton pays 10 percent of the annual premium. The remainder of the premium is covered by the regions in proportion to their population.

2. The following population categories are applied to the regions

a) up to 10,000 inhabitants;

b) 10,001 to 20,000 inhabitants;

c) 20,001 to 30,000 inhabitants;

d) more than 30,001 inhabitants.

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1. If a damage event occurs, the insured persons in accordance with Article 12 Paragraph 1 of the Introductory Act to the Federal Act on Debt Enforcement and Bankruptcy are obliged to notify the financial administration immediately.

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1. The public-law official relationship between the High Court and the debt enforcement and bankruptcy inspectors (hereinafter referred to as inspectors) can be terminated by either party with a three-month notice period effective at the end of the month.

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1. Persons who meet the eligibility criteria in Article 1 and Article 2 paragraph 1 may be appointed as inspectors.

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1. The inspectors shall receive a daily allowance of 400 Swiss Francs.

2. They shall be compensated for consultancy activities and the organization of further training with an annual lump sum ranging from 2,000 to 10,000 Swiss Francs. The Superior Court shall determine the annual lump sum, taking into account the tasks undertaken.

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