Ordinance on Debt Collection and District Enforcement Offices (VBG) (VBG)

In this Ordinance

Office: Debt Collection and Municipal Bailiff's Office.

Administrative Commission: Administrative Commission of the High Court.

Section 2: Organization

district with multiple

If a debt enforcement district comprises several municipalities, the exercise of the rights and duties assigned to the municipality or a municipal body in this Ordinance shall be determined by the agreement reached in accordance with § 2 para. 1 EG SchKG8.

¹ Within its district, the Debt Enforcement Office is responsible for maintaining

a. the Register of Retention of Title according to Art. 715 SCC¹,

b. the Protocol of Pledging of Livestock according to Art. 885 SCC⁹.

2 The Debt Enforcement Office Zurich 2 maintains the Register of Retention of Title for the City of Zurich.

3 The Debt Enforcement Office Winterthur-Stadt maintains the Register of Retention of Title for the City of Winterthur.

its municipalities

Retention of Title, Pledging of Livestock

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281.1

O concerning Debt Enforcement and Municipal Bailiff Offices (ODEMBO)

Settlement Negotiations

The debt collection office may refer the conduct of settlement negotiations in accordance with Art. 9 para. 1 of the Federal Court Ordinance of January 17, 1923, on the Attachment and Realization of Shares in Community Property (VVAG)13 and Art. 73e of the Federal Court Ordinance of April 23, 1920, on the Compulsory Realization of Real Estate (VZG)14 to the District Court.

Debt Collection against Cities of Zurich and Winterthur

For debt enforcement proceedings against the City of Zurich or the

City of Winterthur, the Notary Office Zurich (Altstadt) or the Notary Office

Winterthur-Altstadt, respectively, is responsible.

Premature

Release

from Office

Regarding the premature dismissal of the Debt Collection Officer from office, the Municipal Council decides in accordance with § 36 Abs. 1 lit. c of the Law on Political Rights of September 1, 2003 (GPR)4.

List of

Debt Collection Officers

and Deputies

The Debt Enforcement Inspectorate shall, at the beginning of each term of office, draw up a list of debt enforcement officers and their deputies, and transmit it to

a. the Cantonal Court,

b. the District Courts,

c. the Offices,

d. the Municipalities.

Books,

Registers,

Minutes

Section 3: Business Management and Accounting

A. Principles

1 The Office uses for its business management

a. the Register of Circulars (Missives Register),

b. for debt enforcement business

1. the books according to Art. 8 para. 1 subpara. 1–5 of the Ordinance of

5 June 1996 on the Forms and Registers to be used in Debt Enforcement and Bankruptcy Proceedings as well as the Accounting

(VFRR)12

– the Incoming Register,

– the Debt Enforcement Register,

– the Group Register,

– the Personal Register,

– the Journal,

2. the Seizure Register,

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Ordinance on Debt Enforcement and Municipal Bailiffs (VBG) 281.1

3. the Deposit Register,

4. the Register of Income Seizures,

5. the Register of Issued Certificates of Uncollectibility,

6. the Realisation Control,

7. the Administration Control,

8. the Register of Attachments,

9. the Register of Retentions,

10. the Register of Requisitions,

11. the Warehouse Book, if the debt enforcement office operates an auction house,

12. the Commercial Register, unless it is possible to access the Commercial Register of the Canton of Zurich electronically and the Office has full and

reliable internet access at all times,

13. the Register of Reservations of Title according to Art. 16f. of the Ordinance of 19 December 1910 concerning the Registration of Reservations of Title10,

14. the Livestock Hypothecation Protocol according to Art. 6 of the Ordinance of 30 October 1917 concerning Livestock Hypothecation11.

c. for municipal bailiff business

1. the Authentication Register according to the Ordinance of the High Court on Authentications by Municipal Bailiffs of 19 October 19773,

2. the Case Management System.

2 The Office uses for its accounting

a. the Cash Book and the Current Account Book according to Art. 8 para. 1 subpara. 6

and 7 and Art. 14 and 15 VFRR12,

b. the Multi-Account Journal, if a postal or bank account is maintained,

c. the Balance Sheet Booklet,

d. the Postal Confirmation Book or lists for money remittances,

e. the Postal Confirmation Book or lists for registered mail and value mail.

1 The Debt Enforcement Inspectorate shall create forms for the

conduct of proceedings.

2 If the offices create their own forms, these must correspond in

content to those created by the Debt Enforcement Inspectorate.

3 The Debt Enforcement Inspectorate shall issue directives on the use

of electronic forms.

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281.1 Ordinance on Debt Enforcement and Municipal Bailiff Offices (VBG)

Official Title, Stamp

1 In debt enforcement proceedings, the office designates itself

as "Debt Enforcement Office" and uses the corresponding stamp.

2 In communal debt collection proceedings, the office designates

itself as "Communal Debt Collection Office" and uses the corresponding

stamp.

Right to Sign

1. **Authorized signatories are:**

a. the deputy,

b. the debt enforcement officer,

c. employees of the office to whom the debt enforcement officer has delegated the authority to sign.

2. The deputy shall designate themselves as such.

3. Employees shall add the suffix "i.A." (on behalf of) or their functional title to their signature.

**Forms of signature**

1 The signature shall be affixed personally.

2 Reserved are, in debt enforcement proceedings, the use of facsimile stamps in accordance with Art. 6 VFRR12 and other forms of mechanical or electronic signature approved by the Administrative Commission.

3 The signature may only be affixed after a form has been issued.

Fees and

Interest Income

1 The Office transfers to the municipality

a. monthly: the fee revenues,

b. annually

1. the net interest income from the bank account, the postal account, and

from the Office's other financial investments,

2. the withholding taxes.

2 The Office credits net interest income and withholding taxes, which

specifically arise from an individual transaction, to the entitled person.

Reporting

The offices shall submit to the Administrative Commission annually, within the prescribed deadline and on the prescribed forms, a report on their business activities.

Supplementary

Directives

The Debt Collection Inspectorate issues supplementary directives regarding business and accounting management.

Cost bearing

The municipality shall bear the costs of the documents, items, and

information technology resources necessary for business management and accounting.

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Ordinance on Debt Collection Offices and Municipal Bailiff Offices (VBG)

B. Use of Information Technology Resources

281.1

1 If an office intends to introduce IT systems or specialist IT Approval

applications, it requires approval

a. from the municipality, and

b. from the Administrative Commission.

2 For the approval according to para. 1 lit. b, the office submits the

application to the Debt Enforcement Inspectorate and encloses the

following

a. the approval from the municipality,

b. if it intends to introduce a specialist application: documentation

including the content and a security copy of the application, as

well as user documentation.

3 If documents according to para. 2 lit. b are already available at the

Debt Enforcement Inspectorate, their enclosure can be omitted.

1 The Debt Enforcement Inspectorate reviews the application and forwards it, Application Review

along with a reasoned proposal, to the Administrative Commission.

2 The Administrative Commission may engage experts at the expense

of the applicant office to review a system or application.

The municipality ensures that it acquires the rights to the applications or at least becomes their authorized user.

1 For amendments, additions or extensions of amendments,

used specialist applications, the Office requires an additions,

authorization from the Debt Enforcement Inspectorate.

Extensions

2 New versions (updates) of specialist applications

can be approved by the Debt Enforcement Inspectorate once for all offices.

internal and

1 The office is responsible for ensuring, through technical data protection

**and organisational measures, that only the office has access to the**

**electronically recorded, stored, and archived data.**

**external IT**

**operation**

**2 If data is to be processed and stored in an external IT infrastructure**

**of the municipality or a third party, the office requires permission from**

**the administrative commission in accordance with § 17 para. 1 lit. b.**

**3 The application must demonstrate which technical and organisational**

**measures will be taken to ensure compliance with the provisions**

**concerning data security and archiving.**

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**281.1 V on the Debt Enforcement and Municipal Bailiff Offices (VBGi)**

The Debt Enforcement Inspectorate may issue supplementary directives regarding the use of IT resources.

C. Record Retention and Archiving

Responsibility

for filing records

1 The debt collection officer is responsible for the proper administration and filing of the office's records.

2 If an archivist has been appointed in the office, he or she bears the responsibility.

Labeling

1 The office files documents in an organized manner according to business matters and years, and appropriately labeled.

2 Registers and minutes must also be designated with the name of the office, indicating the subject matter, and provided with the start and end dates of the register or minutes.

Retention

period

1 The records of the Debt Enforcement Office must be kept

a. 30 years (calculated from the conclusion of the enforcement proceeding): Debt enforcement registers and debt enforcement protocols, together with the associated personal registers (debtor registers),

b. 20 years (calculated from the date of issuance of the certificate of unpaid debt): Registers of certificates of unpaid debt,

c. 2 years (calculated from the day of resolution): Records concerning register extracts,

d. 10 years (calculated from the day of resolution or deletion): all other records.

2 The records of the Municipal Bailiff's Office must be kept

a. 30 years (calculated from the date of protocolling)

1. Certification register, signature book for the certification register,

2. Register of issued certificates,

b. 15 years (calculated from the day of resolution): Case management and other records of municipal bailiff's office matters,

c. 10 years: Accounting records.

Handover

to Archives

1 The Office shall offer the files to the municipal archives (Archives) for transfer

at the latest after the expiry of the retention period.

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on the Debt Collection and Municipal Bailiff Offices (VBG)

281.1

2 The Archives shall determine, in consultation with the Office, which files it

will take over and which can be destroyed.

3 The Office shall deliver the files to the Archives in an organised manner and

with an inventory. The Office shall deliver a copy of the inventory to the

Debt Collection Inspectorate and shall retain a copy for itself.

4 After delivery, the power of disposal and responsibility shall transfer to the

Archives, in compliance with § 25.

1 Files not taken over by the archive are destroyed by the Destruction

Office, provided the Debt Enforcement Inspectorate grants permission for this.

2 The Office ensures that misuse of the files is excluded during destruction.

Section 4: Supervision

A. High Court and District Courts

15 The performance of the functions of the High Court as the supervisory body of the

upper cantonal supervisory authority over the offices is governed, in addition to this

Ordinance, by the Ordinance on the Organisation of the High Court of 3 November 2010. Performance of the functions of the High Court

Circulars and Regulations issued by the Administrative Commission

The Administrative Commission issues general directives in the form of circulars and regulations.

1 Each district court shall visit the offices of its district once annually.

2 The Administrative Commission, in consultation with the Debt Collection Inspectorate, shall issue directives concerning the scope and content of the visitation.

3 The district court shall communicate the result of the visitation to the office and the municipality.

4 It shall report comprehensively to the Administrative Commission and the Debt Collection Inspectorate on the visitations and their results, no later than the end of February of the following year.

Visitation

by the

District Courts

The courts may inspect the management of the office

to the extent necessary for the exercise of their supervisory duties.

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281.1 V on Debt Enforcement and Municipal Bailiff Offices (VBG)

Communication of Disciplinary Decisions § 32. The supervisory authorities according to § 17 para. 1 EG SchKG® communicate disciplinary decisions to: a. the person concerned, b. the Debt Enforcement Inspectorate and the municipality, if disciplinary measures are taken, and c. the Administrative Commission, if the lower supervisory authority takes disciplinary measures.

B. Municipal Council

Disciplinary Law of the Municipal Council Rights of Inspection of the Municipal Council Management and Organization Tasks, Principle

The Municipal Council may take administrative and disciplinary measures within the scope of its supervisory authority in accordance with § 6 para. 1 EG SchKG® and in accordance with the personnel law of the municipality.

1 The Municipal Council may inspect the business management of the Office to the extent necessary for the organization of the Office, the accounting of fees collected by the Office, and the determination of wages. 2 In individual cases, the Municipal Council may submit a reasoned written request to the District Court for more extensive insight into the business management of the Office. The scope of the inspection must be precisely defined. 3 The District Court decides on the request for inspection after weighing the interests. It also communicates its decision to the Office concerned and the Debt Enforcement Inspectorate. 4 An appeal against the decision of the District Court is permissible to the Administrative Commission in accordance with the Administrative Justice Act (VRG).

C. Debt Enforcement Inspectorate

1 The Debt Enforcement Inspectorate consists of a Debt Enforcement Inspector, a deputy, and other employees. 2 The Debt Enforcement Inspector is responsible for the leadership and organization of the Debt Enforcement Inspectorate.

15 The Debt Enforcement Inspectorate fulfils the tasks assigned to it in accordance with § 26 of the Ordinance on the Organisation of the High Court of 3 November 20107 and this Ordinance.

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Ordinance on Debt Enforcement and Municipal Bailiff Offices (VBG)

281.1

1 Debt Enforcement Inspectorate Inspections

The Debt Enforcement Inspectorate usually inspects each office once annually, controlling either the entire business management or parts thereof.

**2 It reports on the results of the inspection to:**

a. the inspected office,

b. the District Court,

c. the municipality,

d. the Administrative Commission.

**3 If, based on the results of the inspection, the Debt Enforcement Inspectorate deems the ordering of disciplinary measures necessary, it submits a corresponding request to the District Court.**

1 Handover of Office

**a. Organization**

1 If, as a result of the election or appointment of a new enforcement officer (Betreibungsbeamtin or Betreibungsbeamter), there is a change in the head of office, the handover of the office to the new officer takes place under the direction of the Debt Enforcement Inspectorate (Betreibungsinspektorat).

2 The Debt Enforcement Inspectorate, in consultation with the outgoing and the new head of office, the district court, and the municipality, sets the date and time of the handover and invites the involved parties to the handover of office.

3 The Debt Enforcement Inspectorate

a. conducts an inspection before the handover of office,

b. after conducting the inspection, prepares

1. the list of registers and files to be handed over,

2. the list of official business to be handed over,

3. the minutes for the handover of office,

c. is responsible for the performance of further tasks necessary for the preparation and execution of the handover of office.

1 The handover of office takes place in the presence of the outgoing and the new head of office, one delegation each from the District Court and the municipality, and a representative of the Debt Enforcement Inspectorate.

2 One of the delegates from the District Court conducts the handover of office.

3 The Debt Enforcement Inspectorate arranges for the protocol drawn up for the execution of the handover of office to be signed by the persons involved in the handover.

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281.1 V on the Debt Enforcement and Municipal Enforcement Offices (VBG)

4 In connection with the handover of office, the Debt Enforcement Inspectorate provides

a. to the outgoing and the new head of office and to the municipality, respectively

1. a list of registers and files,

2. a list of official business,

3. a protocol of the handover of office,

b. to the District Court in duplicate

1. the list of registers and files,

2. the list of official business,

3. the protocol of the handover of office.

5 The District Court forwards one copy each of the list of registers and files, the official business, and the protocol of the handover of office to the Administrative Commission.

c. Handover of office to deputy

1 If the office management is to be exercised for a limited period by

ordinary or extraordinary representation, the Debt Enforcement Inspectorate shall carry out the transfer of office in consultation with the municipality.

2 The transfer of office may take place without the involvement of the district court and the municipality.

3 As a rule, no register of registers and files needs to be created.

Assistance and Further Training

1. The Debt Enforcement Inspectorate provides assistance in the execution of official duties in connection with inspections or upon the request of an office.

2. It reports to the Administrative Commission on assistance provided.

3. It conducts continuing education events for the offices.

4. It may levy cost contributions from the offices for assistance and continuing education events.

Instructions

1 The Debt Enforcement Inspectorate may issue binding directives to the offices, including directives concerning the application of law, in connection with inspections, transfers of office, and provision of assistance.

2 It issues general directives in the form of information sheets, circulars, and collections of mẫu.

Reporting

The Debt Collection Inspectorate annually reports to the Administrative Commission on its business activities.

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Concerning the Debt Collection and Municipality Bailiff Offices (VBG)

Section 5: Final Provisions

281.1

Repeal of Previous Law

The Ordinance of the High Court on the communal offices, the office of the mayor and the debt collection offices of December 9, 1998, is hereby repealed.

Transitional Provision

The Debt Collection Inspectorate can carry out the necessary transfers of office (merger of offices) in connection with the reorganization of the debt collection system in 2010, without the involvement of the District Court and the municipality.

Commencement

This Ordinance comes into force on July 1, 2010.

1 OS 65, 345.

2 LS 131.1.

3 LS 131.3.

4 LS 161.

5 LS 175.2.

6 LS 211.1.

7 LS 212.51.

8 LS 281.

9 SR 210.

10 SR 211.413.1.

11 SR 211.423.1.

12 SR 281.31.

13 SR 281.41.

14 SR 281.42.

15 Version according to B of November 3, 2010 (OS 65, 865; ABI 2010, 2525). In

force since January 1, 2011.

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