Regulation on the list of debtors (debtors ' directory regulation-SchuVVO)

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SchuVVO

Date of completion: 15.12.1994

Full quote:

" debtors ' directory ordinance of 15 December 1994 (BGBl. I p. 3822) "

V up. by § 13 para. 2 V 310-4-13 v. 26.7.2012 I 1654 mWv 1.1.2018

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Footnote

(+ + + Text evidence from: 1.1.1995 + + +) Unofficial table of contents

Input formula

On the basis of § 915h of the Code of Civil Procedure, which is defined by Article 1 (2) of the Law of 15 July 1994 (BGBl. 1566), Section 107 (2), second sentence, of the Code of bankruptcy, which has been inserted by Article 2 (3) of the above-mentioned Act, Section 284 (6), second sentence, sentence 2, sentence 2 of the Tax Code of 16 March 1976 (BGBl). 613), which has been amended in part by Article 3 of the above-mentioned law, and which has been amended in accordance with Section 6 (1) No. 1 of the Code of Justice in the revised version published in the Bundesgesetzblatt (Part III), Section 365-1, The Federal Ministry of Justice decrees that it is amended by Article 4 of the above-mentioned law:

First section
The list of debtors

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§ 1 Content of the debtor's directory

(1) The list of debtors shall be entered in accordance with Section 915 (1) of the Civil Procedure Code:

1.

the name of the debtor, as in the title which underlies the enforcement procedure;

2.

the date of birth, where known;

3.

the date of the release of the oath, the date of the detention order in accordance with Section 901 of the Code of Civil Procedure; the execution of the detention in accordance with Section 915 (1) sentence 3 of the Code of Civil Procedure;

4.

the file number of the executing authority; the name of the enforcement court or the enforcement authority.

(2) The list of debtors shall be entered in accordance with Section 26 (2) of the Insolvency Code:

1.

the name of the debtor, as in the decision which dismissed the application for the opening of the insolvency proceedings in accordance with Article 26 (1) of the Insolvency Code;

2.

the date of this decision;

3.

the name of the court which has adopted this decision; the file number of the insolvency proceedings.

(3) The debtor's representative shall not be entered in the list of debtors. (4) The name of the debtor in the title referred to in paragraph 1, point 1, or the decision referred to in paragraph 2, point 1, shall be disclosed in the entry in the Rectify the list of debtors. The corrigendum shall be marked.

Second section
Authorisation procedure

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§ 2 Approval as a prerequisite for the reference of printing and the issuing of lists

(1) Abprints from the register of debtors may only be granted to holders of an authorization in accordance with the provisions of this Section. (2) The authorization shall be granted if the conditions of Section 915 (3), § 915d (1) and 915e (1) of the (3) The authorization shall be refused if:

1.

the applicant culpably makes incorrect information,

2.

the conditions under which the authorization may be revoked in accordance with § 8,

3.

the existence of facts which justify the unreliability of the applicant with regard to the processing and use of personal data; or

4.

the applicant, or any person who, on behalf of the applicant, processes or uses the data to be obtained from the list of debtors, is prohibited from operating a business.

(4) The granting of the reference to printing shall have the right to contract the imprints in lists or to assign them to third parties and to leave the lists to their members or members of other chambers upon request for the current reference. The omission of lists shall be inadmissible if the terms of section 915 (3), section 915d (1) and 915e (1) (c) of the Code of Civil Procedure are not fulfilled in the list recipients or if there are grounds for failure to comply with paragraph 3. Unofficial table of contents

§ 3 Jurisdiction

The President of the Local Court shall decide upon requests pursuant to Section 915d (1), first sentence, of the Code of Civil Procedure, in which the list of debtors is conducted. If the Local Court is not occupied by a President, the President of the Regional Court shall decide. If, pursuant to Article 915h (2) (1) of the Code of Civil Procedure, the management of a central debtor's register is determined by means of a decree law, the President of the Local Court shall decide upon which he/she shall be led; the second sentence shall apply accordingly. Unofficial table of contents

§ 4 Request

(1) The application shall be made in writing in the case of the President of the Office of the Office or the Landgericht, which is competent pursuant to § 3. The information required for the decision on the application must be made credible on request. (2) The application must contain the information from which the existence of the requirements of § 915 (3) and § 915e (1) of the Civil Procedure Code Prerequisites are given. It must also include:

1.

an indication of the place of residence or place of business of the applicant; the indication of commercial or commercial register registration or of the occupation carried out;

2.

an indication as to whether, when, in which court, and with what result, applications have already been made for the purposes of this section;

3.

the declaration in which the forms which may be given to the court should be imprinted;

4.

the explanation as to whether lists should be made;

5.

the declaration by whom the lists are to be produced and to whom or which group of persons they are to be passed on;

6.

the explanation as to whether individual information is to be issued in the automated retrieval procedure.

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§ 5 Storage of data of the applicant in the event of non-allocation of the authorization

(1) In the event of rejection or withdrawal of the application, the name of the applicant, the date of the application as well as the information provided by the applicant pursuant to § 4 (2) No. 1 shall be recorded and stored by the competent authority in accordance with § 3, or can be read by machine is stored. This information may only be collected, processed and used for the purpose of recognizing multiple applications and consents of consent. (2) The time limit for storage or storage shall be three years from the end of the year in which the application is filed. . After the expiry of the period, the information shall be deleted. Unofficial table of contents

§ 6 Authorisations

(1) The authorization shall be effective only for and against the applicant. It is not transferable. (2) The subject of the authorization shall be the decision on the application, dates, conditions, conditions and the reservation of revocation. (3) The authorization shall contain the information on the beneficiaries to be observed by the beneficiary. data protection legislation, in particular the civil procedure and this Regulation. In the cases of § 10 (4) sentence 1, the applicable data transfer rules must continue to be taught. § 8 should be mentioned separately. The authorization shall be accompanied by an instruction for the right to appeal. (4) The authorization shall be communicated to the authority responsible for the control of the person responsible for the prints, in accordance with the relevant data protection regulations. Unofficial table of contents

§ 7 Time limits, conditions and conditions

(1) The authorization shall be limited to at least one and a maximum of six years. (2) For the purpose of complying with the provisions of § 915 (3), § § 915a, 915b and 915d paragraphs 2 and 3 and § § 915e to 915g of the Code of Civil Procedure, the applicable The provisions of the data protection laws and this Regulation may be subject to the authorisation of:

1.

Provisions requiring the beneficiary to do so, didacing or ominating (conditions),

2.

Provisions under which the entry or removal of a benefit or burden depends on the unaware occurrence of a future event (condition),

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Section 8 Revocation and withdrawal of permits

(1) § 49 (2), (3) and 5 (1) and (2) of the Administrative Procedure Act shall apply mutas to the revocation of permits. (2) In order to withdraw consent, Section 48 (1), (3) and (4) of the Administrative Procedure Act shall apply accordingly. (3) On the basis of Revocation and withdrawal of permits shall be decided by the competent authority in accordance with § 3. If the authorization is revoked or withdrawn, the decision must be sent to the former holder of the authorization with the right to appeal. The decision shall be notified to the President of the courts where further requests for the grant of an authorization for the former holder of the authorization have been made. Where lists have been produced and passed on from the printed lists, the final decision shall be notified to the recipients of the lists, having regard to their obligations under paragraph 4. If the decision concerns a board, the communications shall be made in accordance with the third sentence by the latter, otherwise by the decisive court. Notifications in accordance with sentence 4 shall be made by the affected chamber. (4) If an authorization has been revoked or withdrawn legally, prints and files, lists and other records made from them shall be duly completed without delay. to delete or destroy it. The recipients of the prints and the holders of lists can be stopped by coercive money for this purpose. The individual penalty payment may not exceed the amount of twenty-five thousand euros. If the imposition of penalty payment is untunable or unsuccessful, it shall be ordered to take the replacement.

Third Section
Prints and lists

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§ 9 Content of printing

(1) Printed prints are given as full-print or partial imprint. The full print contains all entries in the debtor directory. The partial imprint contains only the entries in the list of debtors, which are indicated in the application for the approval of the term of printing. (2) In a clearly visible position, the following is based on § 915 (3), § 915a, 915b and 915d to 915g of the The Code of Civil Procedure and Section 26 (2) of the Insolvency Code shall be subject to the obligations of the proprietor of printing. This notice can also be added to the print in the form of a leaflet. (3) The prints may not contain any further messages. Unofficial table of contents

§ 10 Issue and retention of printing

(1) The prints shall be sent to the person in the closed envelope against receipt of the receipt or handed over on request. Replacement according to § 178 and omission in accordance with § 179 of the Code of Civil Procedure and public service are excluded. (2) The imprints may not be connected with other printed products, except with the factsheet according to § 9 paragraph 2. (3) The holder of the authorization shall ensure that he/she has been handed over or sent to him or her

1.

shall be kept separate,

2.

until their destruction can be found at any time, and

3.

are secured against unauthorized access.

Sentence 1 shall also apply to copies and to any other form of processing of prints, in particular for the purpose of the machinability of prints. (4) The prints are to be printed in machine-readable form in accordance with Section 915d (1) of the Code of Civil Procedure , the data transmission rules of the country's national justice administration in which the list of debtors are conducted shall apply. In addition, the recipient of the data shall, by means of appropriate arrangements, ensure that the requirements of paragraph 3 are also met with regard to the data transmitted. Unofficial table of contents

§ 11 Exclusion of the reference to printing

(1) The holder of an authorization may be excluded from the receipt of imprint in the event of facts which are sufficiently likely to cause the authorization to be revoked or withdrawn immediately. (2) The competent authority in accordance with § 3 shall decide on the injunctibility of the exclusion. The decision must be accompanied by an appeal for the right to appeal; § 8 (3) sentences 3 and 5 shall apply accordingly. The effectiveness of the decision shall be waived unless a decision pursuant to § 8 is issued within one month from the date of service. (3) A non-binding exclusion which has become inoperative pursuant to the second sentence of paragraph 2 or is soon to be inefficient may be issued on a number of occasions if, during the period of validity of the temporary exclusion issued first, a procedure with the aim of revocation or withdrawal of the authorization pursuant to § 8 has been initiated but has not yet been completed. The total duration of the injunction may not be more than three months in a procedure. Paragraphs 1 and 2 shall apply in the case of the repeated invalidity of the exclusion. Unofficial table of contents

§ 12 Content of lists

(1) Lists are combinations of information from one or more prints. The inclusion of other information as such from legally-related printing or the link with other data is inadmissible. (2) The information is compiled on the basis of characteristics which are common to this information and on the basis of the information provided by the user. they are selected from the prints (selection characteristics) as well as on the basis of sorting instructions, according to which the data are to be classified in the lists (ordinal characteristics). Selection characteristics may only refer to entries in accordance with § 1 (1) and (2). (3) Lists must bear the date of their creation, name the originator and be provided with references to the source. In the lists, the obligations of the recipients of lists resulting from § 915 (3), § 915a, 915b and 915d to 915g of the Code of Civil Procedure as well as § 26 (2) of the Insolvency Code shall be pointed out in a clearly visible position. § 9 para. 2 sentence 2 shall apply. (4) The lists shall not contain any further communications. Unofficial table of contents

§ 13 Production, issuing and use of lists

(1) Lists shall be drawn up immediately after the receipt of the prints and shall be left to the recipients. (2) The lists shall be sent to the recipient in closed envelope against proof of receipt or shall be handed over personally. Section 10 (2) and (3) shall apply accordingly. Unofficial table of contents

§ 14 Exclusion of lists of lists

(1) The Chambers are obliged to exclude a person from a list of their references if he or she would be able to refuse the authorization to obtain a copy of the list. (2) The supervisory authorities of the Chambers shall inform the President of the Courts of infringements of the provisions of paragraph 1, which have granted permits for the receipt of imprints in favour of the Chambers. (3) Infringements of the provisions of paragraph 1 may be subject to revocation of the permit for the receipt of imprints in accordance with § 8. Unofficial table of contents

§ 15 Deletions in print and list

(1) Deletions pursuant to § 915g (1) of the Code of Civil Procedure as well as § 26 (2) of the Insolvency Code shall lead to the recipients of imprints and lists as well as the holders of other records within the meaning of Section 915g (1) of the Code of Civil Procedure (2) The deletion notifications pursuant to Section 915g (2) of the Code of Civil Procedure shall be transmitted in the same manner as the underlying imprints. § 9 (3) and (§ 10) shall apply. (3) The Chambers shall inform the list recipients in the form in which the underlying lists are to be issued for the implementation of the deletion notification. Chambers, or third parties commissioned by them in accordance with Section 915e (3) of the Code of Civil Procedure, who draw up lists without the use of automated data processing techniques, may inform all the list recipients who are referring to lists at that time; Excluded are the list-names, from which the board or the commissioned third party can find, without undue effort, that the registration to be deleted does not, until that date, be replaced by a list or an information of the (4) The deletion notifications referred to in paragraph 2 are to be found in: Destroy or delete as soon as they are implemented. The first sentence shall apply mutatily to the communications to the list referred to in paragraph 3. Unofficial table of contents

§ 16 Control of deletions in printing and lists

If public authorities are aware of facts justifying the assumption that an obligation to delete has not been complied with in accordance with Section 915g of the Code of Civil Procedure or Article 26 (2) of the Insolvency Code, they shall inform the Local Court that they must: which is the debtor's directory to which the entry to be deleted has been taken. This shall submit the matter to the body responsible under Section 3, which may take the measures provided for in this Regulation and shall be able to notify the authorities responsible for checking compliance with the data protection rules.

Fourth Section
Automated retrieval procedure

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Section 17 Establic

(1) In accordance with § 915e (2) of the Code of Civil Procedure, persons entitled to printing may issue individual information from the print-off in the automated retrieval procedure in accordance with the following provisions. (2) In the automated Retrieval procedures may only be transferred to the entries to be included in the list of debtors in accordance with § 1 (1) or (2). The link to data to be transmitted with other data is only permitted if:

1.

the link is necessary in order to achieve the purposes of section 915 (3) of the Code of Civil Procedure,

2.

the data with which the data are to be linked from the list of debtors is lawfully and exclusively collected, processed and used for the purposes specified in Section 915 (3) of the Code of Civil Procedure,

3.

the origin of the data can be demonstrated by the person receiving the imprints; and

4.

the person of the imprints shall ensure that the recipient of the information does not receive information from the list of debtors on the basis of data linked to data from the list of debtors, without being entitled to do so or without being entitled to such data This is necessary for the fulfilment of the purposes of section 915 (3) of the Code of Civil Procedure.

(3) For inquiries in the automated retrieval procedure, only information which would have to be entered in the list of debtors pursuant to § 1 (1) or (2) may be used. Unofficial table of contents

§ 18 Design, especially logging

(1) The person of the print who gives individual information in the automated retrieval procedure (information centre) may only accept a call if its implementation is carried out using the user ID and password (authentication) of the Authorized (on-demand) and an independent, independent identification of the terminal approved for retrieval (terminal identification). If the call is admissible, the information will be given by automatic call. (2) The password must be changed at the latest after 120 days. If the change does not take place in time, it must be ensured by means of an automatic procedure that no more can be made with the password. A password may not have been or have already been given to the persons entitled to call the same information point, must be at least six digits in length and consist of letters, numbers and signs. The information point stores the passwords that have been used within the past three years. The storage is used to check the regularity of the passwords, in particular to avoid illegal repeated or multiple use. (3) If a user ID is not used within 120 days, it must be immediately blocked. It may not be re-registered as part of the authentication unless the authorization to retrieve the information point has been re-established. (4) The information centre must ensure that no calls are made by a self-employed procedure. as soon as the user ID, password or terminal identifier has been entered incorrectly more than twice in succession. (5) If there are several users in the case of a call-up, the person entitled to the call may access the automated retrieval methods only using their own Open the authentications. If there are a number of terminal devices in the case of a call-up, a terminal identifier must additionally be used. Paragraphs 2, 3 and 4 shall apply to the authentication of the users and the terminal identification in accordance with sentences 1 and 2, provided that the users are replaced by the point of arrival of the persons entitled to call and of the person entitled to the call. In the case of terminal equipment used by users, the person entitled to call shall, by means of appropriate technical arrangements, ensure that a redistribution of passwords, user or terminal identifiers is not possible. The person responsible for the retrieval shall, at any time, have to prove compliance with the provisions of this paragraph on request and submit the completed protocols for this purpose. (6) The point of departure shall ensure that the call-off point is made available to the person who has received the request. shall be recorded automatically,

1.

the data used in the execution of the calls;

2.

the day and the time of the calls,

3.

the authentication and the terminal identification and

4.

the retrieved data

and that the undue recording of the call is interrupted. Must be recorded at least

1.

all calls in the period from 8 p.m. to 8 p.m., on Sundays and general public holidays or outside the normal business hours of the information centre;

2.

ten per cent of the callers who call up more than 10 times within 24 hours,

3.

ten per cent of the calls not already referred to in paragraph 1 or 2, to be selected according to the principle of random access,

4.

all calls to which data security incidents occur; and

5.

all attempted calls made more than once using incorrect authentication or terminal identification.

The records may only be used for the purposes of data protection control, in particular for checking the admissibility of the calls, for ensuring the proper operation of the data processing system and in judicial proceedings. They shall be deleted after three years, unless they are still required until the conclusion of an already initiated procedure for the control of data protection or of a pending judicial procedure. (7) Between the point of enquiry and the Persons entitled to call may be contractually agreed that:

1.

the password and the terminal identifier, by way of derogation from paragraph 1, are only those which are subject to access to the retrieval procedure on the basis of the right of access;

2.

the password storage referred to in paragraph 2 is carried out by the person entitled to call, rather than by the point of arrival;

3.

the recall pursuant to paragraph 4 is ensured in the case of more than twice the incorrect input of password or terminal identification by means of a self-operating procedure in the case of the person entitled to be called up;

4.

the password and the terminal identifier referred to in paragraph 6 shall be logged to the person entitled to call.

The contract shall be written in writing. In it, the person entitled to the call must undertake to make his records available to the information office at any time for control purposes. Unofficial table of contents

Section 19 Exclusion of the retrieval authorization

(1) Where the information centre is aware of facts which indicate that:

1.

the retrieved data are not used by the retrieval person for the purposes specified in § 915 (3) of the Code of Civil Procedure,

2.

there is no legitimate interest pursuant to section 915e (1) (c) of the Code of Civil Procedure in the case of the person entitled to call, and data have nevertheless been repeatedly called up,

3.

the retrieved data are used in an unauthorised manner by the person entitled to call, in particular to be passed on,

4.

the person entitled to be entitled does not fulfil his obligations pursuant to section 18 (5) or does not adequately fulfil his obligations

5.

the contractual obligations pursuant to section 18 (7) are not or are not sufficiently fulfilled, or

6.

in the case of the person entitled to be entitled for other reasons, the unreliability relating to the processing and use of personal data is justified,

the information centre shall be obliged to exclude the persons entitled to call from the retrieval procedure. The Supervisory Authority shall notify the President of the Courts of any infringements of the provisions of paragraph 1 of this Regulation, and shall inform the President of the Courts of any infringements of the provisions relating to the receipt of printed documents in favour of the President of the Commission. (3) In the event of violations of paragraph 1, the authorization may be revoked in accordance with § 8.

Fifth Section
Final provisions

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§ 20 Legal Way

(1) In the case of decisions of the President of the Local Court or of the President of the Regional Court pursuant to this Regulation, § § 23 to 30 of the Introductory Act shall apply to the Law of the Judith Constitution. (2) The decision on the application, Fixed-term, conditions, conditions and the reservation of revocation, which are the subject of the authorization pursuant to § 6 para. 2, shall not be subject to isolation and shall be enforceable in isolation. Unofficial table of contents

Section 21 Entry into force

This Regulation shall enter into force on 1 January 1995. Unofficial table of contents

Final formula

The Federal Council has agreed.