Cantonal Act on the Application of the Federal Act on Debt Enforcement and Bankruptcy (LALEF) (LALEF)

[2] 1 The Canton constitutes an execution district and a bankruptcy district.

2 The Council of State defines the organization of the offices and ensures their equitable distribution throughout the territory.

3 The execution district is composed of the main offices located in Bellinzona, Locarno, Lugano, and Mendrisio, and the agencies in Acquarossa, Biasca, Cevio, and Faido. The bankruptcy district is composed of the main office located in Lugano and the agencies in Acquarossa, Bellinzona, Biasca, Cevio, Faido, Locarno, and Mendrisio. [3]

Officers, deputies, and employees [4]

[2] Art. amended by L 2.6.2014; in force since 1.1.2015 - BU 2014, 413; previous amendment: BU 2005, 393.

[3] Para. amended by L 19.2.2019; in force since 1.2.2020 - BU 2020, 67.

[4] Marginal note amended by L 2.6.2014; in force since 1.1.2015 - BU 2014, 413.

[5] **1** The Council of State appoints an officer for the enforcement district and an officer for the bankruptcy district, responsible for the operational management of their respective sectors in accordance with the Federal Act on Debt Enforcement and Bankruptcy. It also appoints one or more deputies. [6]

**2** The Act on the Statute of State Employees and Teachers of 15 March 1995 applies to the officers, deputies, and employees of the debt enforcement and bankruptcy offices.

**3** The Council of State, after consulting the supervisory authority, defines the distribution of powers and responsibilities of the officers and regulates extraordinary substitutions. [7]

[5] Art. modified by L 2.6.2014; in force since 1.1.2015 - BU 2014, 413; previous modification: BU 2002, 128.

[6] Para. modified by L 19.2.2019; in force since 1.2.2020 - BU 2020, 67.

[7] Para. modified by L 19.2.2019; in force since 1.2.2020 - BU 2020, 67.

The functions of enforcement and bankruptcy officer, deputy, and clerk are incompatible with any federal employment and with the practice of law and notaryship.

… [8]

[8] Article abrogated by Law 2.6.2014; effective from 1.1.2015 - Official Bulletin 2014, 413; previous amendment: Official Bulletin 2002, 128.

… [9]

[9] Art. repealed by L 2.6.2014; in force from 1.1.2015 - BU 2014, 413.

… [10]

[10] Art. repealed by L 2.6.2014; in force since 1.1.2015 - BU 2014, 413; previous amendments: BU 1998, 391; FU 1999, 5138.

1 The enforcement and bankruptcy bodies not subject to the FDPL (Federal Debt Enforcement and Bankruptcy Law), namely special bankruptcy administrations, composition commissioners, and liquidators in a composition with assignment of assets, are authorized to exercise their functions if they fulfill the following cumulative requirements

a) possess the necessary capacities and qualifications and be able to guarantee irreproachable activity;

b) not have been convicted in the last ten years, nor have ongoing criminal proceedings, for intentional offenses contrary to professional dignity and public office;

c) not have incurred, in the last five years, the enforcement law disciplinary sanctions of fine and dismissal;

d) not be in a state of insolvency, as evidenced by certificates of assets deficiency;

e) have minimum insurance coverage of CHF 1,000,000.-- for civil liability.

2 The civil liability insurance must be provided by an insurance policy from a company recognized by the Federal Council and must guarantee insurance protection against claims for damages caused by the enforcement and bankruptcy body in the exercise of its functions, as well as by its employees and auxiliary personnel.

1 The Canton is liable for damages unlawfully caused by officials, employees, their auxiliaries, special bankruptcy administrations, commissioners, liquidators, judicial authorities, the Cantonal Supervisory Authority, as well as the police, in the performance of duties assigned to them by the Federal Act on Debt Enforcement and Bankruptcy (DEBA).

2 If the seriousness of the harm justifies it, payment of a sum by way of moral reparation may be requested.

3 The principles of the Federal Act on the Liability of the Confederation, Members of Federal Authorities, and Federal Officials (Liability Act) apply by analogy.

4 The injured party has no direct action against the tortfeasor.

1. The exercise of the Canton's right of recourse against public agents who have caused damage is governed by the Cantonal Law on the Civil Liability of Public Entities and Public Agents (LResp): the Council of State decides on the exercise of the right of recourse, after hearing the opinion of the CEF.

2. Procedure and competence are governed by the LResp.

1 The Debt Enforcement and Bankruptcy Chamber of the Court of Appeal (CEF) exercises, as the sole cantonal authority, supervision over the debt enforcement and bankruptcy offices.

2 The accounting control of the administration of the offices is exercised by the Cantonal Finance Control which informs the supervisory authority. [11]

3 The CEF also supervises debt enforcement and bankruptcy bodies not subject to the Federal Debt Enforcement and Bankruptcy Act (LORD), specifically special bankruptcy administrations, composition commissioners, and liquidators in compositions with assignment of assets.

4 The Supervisory Authority is the sole cantonal appeal authority against measures taken by debt enforcement and bankruptcy bodies: the procedure is governed by the Law on Appeal Procedure in Debt Enforcement and Bankruptcy Matters (LPR).

5 The CEF, through one or more inspectors, exercises inspection functions over the management of debt enforcement and bankruptcy offices and over bodies not subject to the LORD, reports annually with a management report to the Debt Enforcement and Bankruptcy Chamber of the Federal Supreme Court as the federal Supervisory Authority, and coordinates matters of common interest with the Department of Institutions.

6 The Supervisory Authority, in agreement with the Department of Institutions, ensures the proper professional training and continuous professional development of debt enforcement and bankruptcy bodies.

[11] Para. amended by Law of 20.4.2004; in force since 1.9.2004 - Official Gazette 2004, 256.

1 Disciplinary sanctions provided for in Art. 14 LEF are imposed by the Cantonal Supervisory Authority.

2 Disciplinary proceedings, initiated ex officio or upon report, are governed by the LPR.

3 The person concerned must be given the opportunity to comment on the accusations against them and to consult the files.

4 The complainant is not a party.

5 If there is a suspicion of a criminal offense, the files are transmitted to the Public Prosecutor.

The supervisory authority, within the limits of federal and cantonal legal provisions, has the power to determine by administrative ordinances and circulars the procedure for the practical implementation of enforcement law.

… [12]

[12] Article abrogated by Law 24.6.2010; in force from 1.1.2011 - BU 2010, 320.

1. Summary proceedings that, in application of the Federal Act on Debt Enforcement and Bankruptcy (DEBA), must be referred to the judicial authority are brought before the justice of the peace or the district court judge according to their respective jurisdictions.

2. Decisions concerning bankruptcies, compositions, amicable debt settlement through private negotiations, and extraordinary moratoria, as well as related precautionary measures, fall under the exclusive jurisdiction of the district court judge.

-16 … [13]

[13] Arts. abrogated by Law 24.6.2010; in force since 1.1.2011 - BU 2010, 320; previous amendment: BU 1997, 566.

-18 … [14]

[14] Articles repealed by Law 24.6.2010; in force from 1.1.2011 - BU 2010, 320.

-23 … [15]

[15] Arts. repealed by Law 24.6.2010; effective from 1.1.2011 - BU 2010, 320.

1 The Council of State is competent for granting authorization to practice the profession of representative to those who have obtained it in another Canton.

2 Decisions of the Council of State may be appealed to the Cantonal Administrative Court. [16]

[16] Para. amended by Law of 24.9.2013; in force since 1.3.2014 - BU 2013, 473.

… [17]

[17] Art. repealed by L 24.6.2010; in force from 1.1.2011 - BU 2010, 320.

… [19]

[19] Article repealed by Law 24.6.2010; in force from 1.1.2011 - BU 2010, 320.

… [20]

[20] Art. repealed by L 3.6.2002; in force from 30.7.2002 - BU 2002, 221.

… [22]

[22] Art. repealed by L 24.6.2010; in force from 1.1.2011 - BU 2010, 320.

Deposits in cases provided for by the LEF must be made with the Cantonal Bank of Ticino.

The Cantonal Supervisory Authority (CSA) regulates, by ordinance, the inspection functions and the organization of the continuing education of debt enforcement and bankruptcy bodies.

1 The procedural provisions set forth in this law apply, from their entry into force, to ongoing proceedings, insofar as they are compatible therewith.

2 For the duration of time limits whose commencement began before the entry into force of this law, the former law shall apply.

IX

Upon expiration of the deadlines for exercising the right to a referendum, this law shall be published in the Official Bulletin of Laws and Executive Acts of the Canton of Ticino.

The Council of State shall determine its effective date. [23]

Published in OB 1997, 269.

[23] Entered into force: June 6, 1997 - OB 1997, 280.