Overview (table of contents) Chapter 1 Chapter 2 Chapter 3 Other executors Authorisation the insurance relationship Chapter 4 management and administration of the estate funds Supervision Chapter 6 Other provisions Chapter 5 The full text of the ordonnance on executors
Under section 11 (3) and (4) of law No. 383 of 22. May 1996 on the change of the estates, as amended by Act No. 221 of 21. March 2011, fixed: Chapter 1 Authorisation section 1. Executors are authorized by the Minister of Justice on the recommendation of the President of the City Court and High Court President.
(2). Authorization as executor shall be notified in one or more jurisdictions. Authorization occurs after application. Lookup on assumption of executor of the will shall be made by the President of the city court.
§ 2. Authorization as executor can be notified to lawyers engaged in professional activities, and which are not filled 70 years.
(2). Authorisation may be granted only on condition that the holder within a specified time limit completes a training in the administration of the estates of treatment.
(3). Approval be given for a maximum period of 10 years.
(4). A granted authorization may, on application, be extended for a further period of not more than 10 years without re-announcement of operator. Application must be submitted to the President of the City Court, not later than 1 year before the expiry of the announced authorization. The President of the city court sends the application to the Ministry of justice through the concerned High Court President. The City Court of the President and President of the High Court concerned shall give its recommendation on whether or not the application should be accepted. The Justice Department can process an application which is submitted to the President of the City Court later than 1 year before the expiry of the approval period when excess announced is reasonably justified.
(5). The Minister of Justice may, upon a proposal from the President of the city court determine that a executor duties must be advertised as vacant or cease. Setting can be made every three years after authorisation message. The President of the city court shall inform the receiver about the setting.
(6). Authorization as executor is personal and is not transferable.
§ 3. Authorization as executor of the will result in an obligation to treat boer, are handed out by the Probate Court in the jurisdiction in which the trustee is authorized.
(2). The bankruptcy court can, when there are special reasons, at the request of the official receiver may exempt from this for the treatment of a bo.
§ 4. Authorization as executor shall lapse on the expiry of the approval period 1), unless the Minister has taken a decision on the extension under section 2 (4) 2) 6 months after the Minister has made the determination under section 2, paragraph 5, 3) at the end of the month in which the holder turns 70 years, 4) upon termination of the right to exercise the profession of lawyer, or 5) on the expiry of a time limit for implementation of continuing education If not previously completed training.
§ 5. The Minister may revoke an authorization, as executor, if 1) holder for any length of time is absent due to illness, 2) the holder has failed to fulfil its obligations as executor significantly, or 3) there are other special reasons.
(2). The President shall inform the Ministry of Justice of the City Court of facts which could give rise to that approval be withdrawn.
§ 6. A receiver can with one month's notice may request it be exempt from the duties of the authorised executor. Request for exemption shall be submitted through the President of the city court to the Ministry of Justice.
§ 7. At the termination of the authorisation must hand in his trustee approval to the Ministry of Justice, who shall inform the Probate Court in the jurisdiction in which the person concerned is authorised.
§ 8. A lawyer exercising legal firm, deals with a bo finished, even though the latter shall withdraw approval as executor ceases. The same applies if a stay is resumed.
(2). The bankruptcy court may provide that, by derogation from paragraph 1, a lawyer whose authorization as executor shall come to an end, not to treat a bo finished. The lawyer must then immediately hand over assets and other material belonging to the unfinished boer, to the bankruptcy court. In addition, the trustee as soon as accountable to the Board of Directors of the Boers. The same applies, if the trustee disposed of after the administration of the estates of skiftelovens section 54 a, paragraph 2, or exempted from the duties of executor in a single stay.
Chapter 2 Other executors § 9. Before the Probate Court shall provide a stay to a receiver that is not authorized, he or she must produce a criminal record and declare in writing that he or she 1) is competent and not under guardianship after the Guardianship Act § 5 or samværgemål after the Guardianship Act § 7 and 2) not under reconstruction or bankruptcy.
(2). The provision of paragraph 1 shall not apply, if the trustee exercising professional activities or otherwise have a profession, which implies that the requirements of the administration of the estates of skiftelovens section 11, paragraph 2, shall be deemed to be fulfilled.
§ 10. Will terminate the duties of the executor before proceedings have been completed, the provisions of § 8, mutatis mutandis.
Chapter 3 Insurance against section 11. The security shall be made after the administration of the estates of skiftelovens § 39, paragraph 1, to cover any losses incurred by the trustee had to inflict lived or others in connection with the proceedings, except for losses covered by liability insurance.
(2). The amount of the security referred to in paragraph 1 shall be determined by the bankruptcy court after consultation with the trustee and the bankrupt, having regard to the circumstances. Security shall be fixed on the basis of the gross value of the estate assets. By real estate must, however, take into account the extent to which the estate properties are unencumbered by things like mortgage debt. Safe's size can be approved on a provisional basis, until the opening status is worked out.
(3). Security after the administration of the estates of skiftelovens, § 39, paragraph 1, shall be made otherwise than by drawing of a suretyship insurance, must be approved by the bankruptcy court, also on the recommendation of the trustee determines which security shall consist, as well as how it should be placed and klausuleres. Proof that the security has been lodged, are submitted to the bankruptcy court.
§ 12. The bankruptcy court may at any time require information about a lawyer's liability insurance, including presentation of the insurance policy. The bankruptcy court may, in the light of the nature of the demand, that you draw an individual liability insurance.
§ 13. The bankruptcy court may for lawyers who are authorized as executors in the jurisdiction, determine that the individual executor or more executors in the same jurisdiction in community must draw a suretyship insurance, which includes boer, are handed out to the person or by virtue of the authorisation in question, when the individual's gross assets does not exceed a specified value by the bankruptcy court. The sum insured shall be determined by the bankruptcy court, and the premium is distributed proportionally on the individual whereas.
(2). Exceed the gross assets in a bo the limit set by the bankruptcy court, the safety of the entire estate under section 11.
§ 14. A receiver that is not engaged in law practice, must take out liability insurance to cover the liability it may incur for property damage caused to the estate or other by simple negligent act or omission when the loss is due to the insured person act as executor. The policy must be approved by the bankruptcy court. The sum insured may be determined on a provisional basis, until the opening status available.
§ 15. Premiums for surety insurance must be designed in such a way that the insurance cannot be changed or terminated without change the Court's consent. The same is true for individual civil liability insurance, unless exceptional circumstances prevail. The insurer shall notify the bankruptcy court with at least one month in advance, if the insurance is terminated due to breach of contract. Policies are stored in the bankruptcy court.
(2). Is an individual liability insurance designed to expire with a forsikringsårs output, the official receiver not later than 14 days before the end of the year, grant probate, insurance on insurance is expected to be renewed. Within 14 days after the end of the year, the trustee must submit insurance evidence that insurance is renewed.
§ 16. The trustee shall immediately notify the Court if the need for insurance coverage or guarantee change.
§ 17. The determination of the expiry of insurance cover and the release of collateral taken by the Probate Court, once it is established that all the parties concerned and the public in lived for taxes is concerned, the satisfaction of their demands.
(2). After the release sends the bankruptcy court the policies referred to in article 15, paragraph 1, to the insurance company.
Chapter 4 managing and administering the estate money § 18. Executors shall manage and administer the funds for the Boers Boers ' best possible way.
§ 19. Lawyers engaged in lawyer activity and acts as executor of the will, is in their treatment of funds belonging to the law and should be subject to the Statute of the Council of Lawyer posting lawyers ' obligations with respect to the processing of fiduciary, as approved by the Ministry of Justice, pursuant to section 127 of the judicial code, with the additions as follows from the provisions of this chapter.
§ 20. Executors who do not engage in advocacy, with regard to boregnskaber and posting to observe good posting practices in accordance with the provisions of accounting law. Boregnskabet must give a true and fair view of the assets and liabilities as well as the outcome.
§ 21. If there is cash in a bo, creates one or more accounts in a financial institution. The trustee shall exercise professional activities, create account or accounts in the receiver's name with vedtegning about the estate name. Other executors create account or accounts in the estate name.
(2). Cash belonging to a stay must deposit at one or more of the accounts referred to in paragraph 1. The shell of an overview with the receiver indicate which accounts are linked to the individual stay.
(3). The bankruptcy court shall determine, in consultation with the trustee, the extent to which the trustee may dispose of the estate funds. The determination thereof shall take account of the specific characteristics, including those relating to the operation of any business continues, see. (4).
(4). The official receiver may, when the operation of the deceased's company continued, allow that the company has at its disposal an appropriate cash balances. The posting of workers carried out in the estate company, see. section 22 (3), the administrator can allow the estate funds as necessary, subject to their available. The Auditor, who has assumed the trustee pursuant to section 22, paragraph 3, shall ensure that the funds are present.
(5). Estate securities must either be registered in the name of the estate or be placed in open custody in a financial institution.
§ 22. The trustee shall in its accounts for each bo lead a special account. On the account are recorded all deposits and withdrawals, interest tilskrivninger, transfers and other accounting transactions in the estate. Posting must happen sequentially and expel all movements in the receiver's inventory of estate funds including deposits and withdrawals on the estate bank accounts. The posting shall also include a balance, which shows the receiver's immediate appropriate against the estate.
(2). Cash and vouchers kept in total for each stay in original or copy. The shell of each cashier and accounting documents accurately indicate what the annex relates.
(3). The official receiver may, when the operation of the deceased's company continued, allow posting to the extent necessary, be carried out by one or more named employees in the company. The trustee will assume in accordance with section 50 skiftelovens a registered estate or chartered accountant, who must ensure that the posting shall be organised and carried out with integrity. In the case of an undertaking which, in accordance with the law to that effect must be audited by a certified public accountant, trustee assume such.
§ 23. In connection with the preparation of the inventory carried out separate and sequential numbering of cash and accounting documents, unless the bankruptcy court allows that the second approach is used.
Chapter 5 Monitoring section 24. Supervision of executors of the management of boer and Boer supplies and with securities performed by the Probate Court that has handed over the estate. If a stay is referred to treatment by another Probate Court, see. estate skiftelovens § 2, paragraph 3, be carried out supervision, however, of this probate.
(2). The bankruptcy court may at any time require to be put to all estate documents, including all cash and accounting documents.
§ 25. The bankruptcy court shall select at random should to overhaul. By the inspection shall ensure that estate agents are present, and that the funds shall be managed and administered in accordance with the rules laid down in the administration of the estates of skifteloven and in this order. In addition, ensure that the trustee of the estate promotes treatment.
(2). The bankruptcy court can make the inspection relating to the receiver's Office or impose conditions on the estate's trustee meeting in Probate Court with the documents referred to in article 24, paragraph 2.
(3). The trustee must inform the Probate Court any information concerning estate matters which the Court may wish in connection with the inspection.
section 26. If the bankruptcy court supposes the existence of irregularities, the bankruptcy court may give the trustee notice issued after the administration of the estates of skiftelovens section 54 a, paragraph 1, or, if necessary, take steps to dismiss the trustee pursuant to section 54 skiftelovens of estate (a), paragraph 2.
Chapter 6 Other provisions of section 27. The trustee return the inventory of the estate and the annexes thereto, including receiver's messages after the administration of the estates of skiftelovens, § 45, to the bankruptcy court. The inventory of the estate and the documents shall be kept by the bankruptcy court.
section 28. Violation of section 16 is punishable by a fine, unless a higher penalty is inflicted for other legislation.
(2). The who, without being authorized executor denotes it as such, or using a name suitable for confusion with this, be punished by a fine, unless a higher penalty is inflicted for other legislation.
section 29. The notice shall enter into force on the 2. July 2011.
(2). Executive Order No. 884 by 3. October 1996 on executors are hereby repealed. However, the existing regulations shall continue to apply for boer, which is handed over to the switch by executor in the 1. July 2011.
(3). For executors that are authorized pursuant to bekendtgørelse nr. 884 by 3. October 1996 on executors, the Minister of Justice in accordance with article 2, paragraph 3, provide that the authorisation be limited in time.
The Ministry of Justice, the 29. June 2011 Lars Barfoed/Cristina a. Gulisano