Insolvency-Legal Compensation Ordinance (InsVV)

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InsVV

Date of completion: 19.08.1998

Full quote:

" Insolvency law remuneration regulation of 19 August 1998 (BGBl. 2205), as last amended by Article 5 of the Law of 15 July 2013 (BGBl). 2379).

Status:

Last amended by Art. 5 G v. 15.7.2013 I 2379

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.1.1999 + + +) 

  

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Input formula

Pursuant to § 65 in conjunction with Section 21 (2) No. 1, § 73 (2), § 274 (1), § 293 (2) and § 313 (1) of the Insolvency Code of 5. October 1994 (BGBl. 2866), the Federal Ministry of Justice is responsible for:

First section
Remuneration of the insolvency administrator

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§ 1 Calculation Basis

(1) The remuneration of the insolvency administrator shall be calculated on the basis of the value of the insolvency mass to which the final invoice relates. If the procedure is cancelled after confirmation of a bankruptcy plan or terminated prematurely, the remuneration shall be calculated on the basis of the estimated value of the mass at the time of termination of the proceedings. (2) The relevant mass shall be determined in the The following shall be determined as follows:

1.

Mass items which are subject to special charges shall be taken into account if they are used by the liquidator. However, the additional amount of the remuneration to be paid to these items shall not exceed 50 of the hundred of the amount which has been flown into the mass for the cost of their determination. In other respects, the objects loaded with debiting rights are taken into account only to the extent that an excess is available from them.

2.

If the right to purchase and debiting is found, the benefit paid out of the mass for this purpose shall be deducted from the property value of the goods to which those rights extended.

3.

If there is a claim against a claim, only the surplus resulting from a settlement shall be taken into account.

4.

The costs of the insolvency proceedings and the other mass liabilities shall not be dismissed. However, the following exceptions shall apply:

a)

Amounts received by the liquidator in accordance with § 5 as remuneration for the use of special subject matter shall be deducted.

b)

If the debtor's undertaking is continued, account shall be taken only of the surplus resulting from the deduction of expenditure on revenue.

5.

An advance made by a person other than the debtor for carrying out the proceedings and a grant which a third party has made in order to comply with a bankruptcy plan shall be considered out of consideration.

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§ 2 Rule rates

(1) The insolvency administrator shall normally receive

1.

of the first 25,000 euro of the insolvency mass 40 of the hundred,

2.

from the additional amount of up to 50,000 euros 25 of the hundred,

3.

the additional amount of up to 250,000 euros 7 of the hundred,

4.

from the additional amount of up to 500,000 euros 3 of the hundred,

5.

from the additional amount of up to 25,000,000 euros 2 of the hundred,

6.

from the additional amount of up to 50,000,000 euros 1 of the hundred,

7.

in excess of that amount, 0.5 of the hundred.

(2) If no more than 10 creditors have registered their claims in the proceedings, the remuneration shall, as a general rule, be at least 1,000 euros. From 11 to 30 creditors, the remuneration for each of the 5 creditors is increased by 150 euros. From 31 creditors, the remuneration will be increased by 100 euros per received 5 creditors. Unofficial table of contents

§ 3 On-and-off charges

(1) A remuneration overrising the rule set shall in particular be determined where:

a)

the processing of off-and off-collection rights has issued a significant part of the activity of the insolvency administrator without a corresponding additional amount being incurred in accordance with Article 1 (2) (1) of the Treaty,

b)

the administrator has continued the company or managed the houses and the mass has not become correspondingly larger,

c)

the mass was large and the rule compensation was not a reasonable consideration because of the degressivity of the rulesets that the liquidator has increased the mass or found additional mass with a considerable amount of work,

d)

employment law issues, for example, with regard to insolvency, dismissal protection or a social plan, have made substantial use of the liquidator, or

e)

the liquidator has drawn up an insolvency plan.

(2) Remaining behind the rule set is justified in particular if:

a)

a preliminary insolvency administrator has been involved in proceedings,

b)

the mass was already recovered to a substantial extent when the liquidator took office,

c)

the insolvency proceedings are terminated prematurely or the office of the liquidator ends prematurely,

d)

the mass was large and the management placed low demands on the administrator, or

e)

the assets of the debtor are manageable, and the number of creditors or the amount of the liabilities is low.

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§ 4 Costs of business, liability insurance

(1) The remuneration shall be based on the general business costs. The general business costs include the office expenses of the insolvency administrator, including the salaries of his employees, even as far as these have been hired on the occasion of the insolvency proceedings. This shall not affect the right of the liquidator to conclude service contracts or works contracts for the purpose of carrying out special tasks within the framework of the administration and to pay the appropriate remuneration from the mass. (2) Special expenses incurred by the liquidator in the Individual cases, for example by travelling, are to be reimbursed as expenses. (3) The remuneration is also covered by the costs of an insurance against liability insurance. However, if the administration is associated with a special liability risk, the costs of an appropriate additional insurance shall be reimbursed as expenses. Unofficial table of contents

§ 5 Use of special expertise

(1) If the insolvency administrator is admitted as a lawyer, he may, in accordance with the law-compensation law, charge for activities which would be reasonably transferable to a lawyer who has not been admitted as an attorney. (2) If the liquidator is an auditor or tax adviser, or if he has a different special qualification, paragraph 1 shall apply mutatily. Unofficial table of contents

§ 6 Overnight Distribution. Monitoring the performance of an insolvency plan

(1) The insolvency administrator shall receive a separate remuneration for a supplementary allowance distribution, which shall be determined in accordance with reasonable discretion, taking into account the value of the insolvency mass subsequently distributed. Sentence 1 shall not apply if the distribution of the supplementary allowance was foreseeable and had already been taken into account in the determination of the remuneration for the insolvency proceedings. (2) The supervision of the performance of a bankruptcy plan in accordance with § § 260 to 269 of the Insolvency rules shall be remunerated separately. The remuneration shall be determined in a reasonable way, taking into account the scope of the activity. Unofficial table of contents

§ 7 Sales tax

In addition to the remuneration and the reimbursement of expenses, an amount shall be fixed at the level of the turnover tax payable by the insolvency administrator. Unofficial table of contents

§ 8 Setting of remuneration and outlays

(1) The remuneration and the outlays shall be fixed by the insolvency court at the request of the insolvency administrator. The determination shall be made for remuneration and outlays separately. The application shall be made when the final invoice is sent to the court. (2) The application shall specify in more detail how the relevant insolvency mass according to Article 1 (2) has been calculated and which service contracts or contracts for special contracts for special (3) The liquidator may, after his election, ask for a flat-rate instead of the expenses actually incurred, which in the first year 15 of the hundred, then 10 of the One hundred of the regular remuneration, but not more than EUR 250 per month of the duration of the activity of the Custodian is. The flat rate may not exceed 30 per cent of the standard remuneration. Unofficial table of contents

§ 9 advance

The insolvency administrator may withdraw from the insolvency mass an advance on the remuneration and the deposits if the insolvency court agrees. The approval shall be granted if the insolvency procedure takes more than six months or if particularly high outlays are required. If the costs of the proceedings are in accordance with § 4a of the Insolvency Code, the court shall grant an advance, provided that the conditions set out in the second sentence are fulfilled.

Second section
Remuneration of the provisional insolvency administrator, the Sachwalter and the insolvency administrator in the consumer insolvency proceedings

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§ 10 Principle

In the case of the remuneration of the provisional insolvency administrator, the Sachwalter and the insolvency administrator in the consumer insolvency proceedings, the provisions of the First Section shall apply accordingly, insofar as nothing else is determined in § § 11 to 13. Unofficial table of contents

§ 11 Compensation of the provisional insolvency administrator

(1) The calculation of the remuneration of the provisional insolvency administrator shall be based on the assets on which his activity extends during the opening procedure. Assets in which the rights of the provisional insolvency administrator are dealt with by the provisional insolvency administrator shall be added to the assets in accordance with the first sentence of the first sentence of the first subparagraph. They shall not be taken into consideration, provided that the debtor has the property in possession of only the property transfer contract. (2) If the fixing of the remuneration is requested before the items covered by the first sentence of paragraph 1 have been sold, the insolvency court shall, at the latest upon presentation of the final invoice, draw attention to a deviation of the actual value of the value on which the remuneration is based, provided that the difference in value of 20% of the total of the remuneration is based on the total of the remuneration. (3) the nature, duration and extent of the activity of the provisional Insolvency administrators must be taken into account in determining the remuneration. (4) If the insolvency court has asked the provisional insolvency administrator to examine whether there is an opening reason and the prospects for an insolvency court, the insolvency court has to be considered as an expert. If the debtor's company continues to exist, he shall receive a separate remuneration in accordance with the law on the remuneration and compensation of the courts. Unofficial table of contents

§ 12 Compensation of the Sachwalter

(1) As a rule, the lawyer receives 60 per cent of the remuneration for the insolvency administrator. (2) A remuneration overrising the rule set shall in particular be determined if the insolvency court in accordance with Section 277 (1) of the Insolvency Code (3) Section 8 (3) shall apply by virtue of the fact that the amount of EUR 250 shall be replaced by the amount of EUR 250. Unofficial table of contents

§ 13 Compensation of the insolvency administrator in the consumer insolvency proceedings

If, in a procedure after the ninth part of the insolvency order, the documents are drawn up by an appropriate person or body in accordance with Section 305 (1) (3) of the Insolvency Code, the remuneration according to § 2 (2) sentence 1 is reduced to 800 euros.

Third Section
Remuneration of the trustee according to § 293 of the Insolvency Code

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§ 14 Principle

(1) The remuneration of the trustee pursuant to § 293 of the Insolvency Code shall be calculated on the basis of the sum of the amounts due to the debtor's declaration of assignment (Section 287 (2) of the Insolvency Code) or in any other way to the satisfaction of the creditors of the The trustee receives the trustee. (2) The trustee receives

1.

of the first 25,000 Euro 5 of the hundred,

2.

from the surplus up to 50.000 Euro 3 of the hundred and

3.

from the amount exceeding that amount 1 of the hundred.

(3) The remuneration shall be at least EUR 100 for each year of the work of the trustee. If he has distributed the amounts received by assignment to more than 5 creditors, this remuneration will be increased by 50 euros per 5 creditors. Unofficial table of contents

§ 15 Monitoring of the obligations of the debtor

(1) If the Trustee has the task of monitoring the fulfilment of the obligations of the debtor (§ 292 para. 2 of the Insolvency Code), he shall receive an additional remuneration. This amounts to € 35 per hour on a regular basis. (2) The total amount of additional remuneration may not exceed the total amount of the remuneration in accordance with § 14. The creditors ' meeting may take a different arrangement. Unofficial table of contents

§ 16 fixing of the remuneration. Advance

(1) The amount of the hourly rate of the remuneration of the trustee, which monitors the performance of the obligations of the debtor, shall be fixed by the insolvency court in the announcement of the residual debt exemption. In addition, the remuneration and the costs to be reimbured shall be fixed at the request of the trustee at the termination of his office. Deposits are to be listed and documented individually. As far as turnover tax is applicable, § 7 shall apply mutagens. (2) The trustee may withdraw advances from the incoming amounts on his remuneration. These may not exceed the part of the remuneration already earned by him and the minimum remuneration of his activity. If the costs of the proceedings are in accordance with § 4a of the Insolvency Code, the court may grant advance payments to the second sentence of the proceedings.

Fourth Section
Remuneration of members of the creditors ' committee

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§ 17 Calculation of remuneration

(1) The remuneration of the members of the creditor committee shall be between 35 and 95 euros per hour on a regular basis. In determining the hourly rate, account shall be taken, in particular, of the extent of the activity. (2) The remuneration of the members of the provisional creditors ' committee for the performance of the duties pursuant to § 56a and 270 (3) of the Insolvency Code The assigned tasks shall be EUR 300. After the appointment of a provisional insolvency administrator or a provisional lawyer, the further remuneration shall be determined in accordance with paragraph 1. Unofficial table of contents

§ 18 Deposits. Sales tax

(1) Deposits are to be listed and documented individually. (2) As far as turnover tax is applicable, § 7 shall apply accordingly.

Fifth Section
Transitional and final provisions

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Section 19 Transitional regime

(1) Insolvency proceedings, which were opened before 1 January 2004, shall be subject to the provisions of this Regulation in its up to the entry into force of the Regulation of 4. October 2004 (BGBl. 2569), 7. (2) Remuneration of provisional insolvency administrations, which have already been legally settled on 29 December 2006, are to be amended until the entry into force of the Second Regulation amending the Insolvency Legal Compensation Ordinance of 21 December 2006 (BGBl. 3. Insolvency proceedings, which have been requested before 1 March 2012, are subject to the provisions of this Regulation in its until the entry into force of the Law of 7 December 2011 (BGBl. 2582) on 1 March 2012. (4) Insolvency proceedings, which have been filed before 1 July 2014, are subject to the provisions of this Regulation in its until the entry into force of the Law of 15 July 2013 (BGBl. I p. 2379) to be applied on 1 July 2014. Unofficial table of contents

Section 20 Entry into force

This Regulation shall enter into force on 1 January 1999.