Act No. 3 Of 2 May 1996 Concerning The Recovery And Prevention Of Arrears To The Public

Original Language Title: Landstingslov nr. 3 af 2. maj 1996 om inddrivelse og forebyggelse af restancer til det offentlige

Read the untranslated law here: https://www.global-regulation.com/law/greenland/5961111/landstingslov-nr.-3-af-2.-maj-1996-om-inddrivelse-og-forebyggelse-af-restancer-til-det-offentlige.html

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Act No. 3 of 2 May 1996 concerning the recovery and prevention of arrears to public

Modified repeals, hovedlov replaces information

Modified by
Parliament Act no. 13 of 3 June 2015 amending Rule Act on recovery and prevention of arrears to public
(Inserting settlement period)
Parliament Act no. 6 of 15 April 2011 amending the Act on recovery and prevention of arrears to the public (extended scope and requirements for automatic payments)
Act No. 7 of 5 december 2008 amending Rule Act on recovery and prevention of arrears to the public (Transfer of municipal claims to be recovered)
Parliament Act no. 13 of 15 november 2007 amending Rule Act on recovery and prevention of arrears to the public (One nationwide collection authority)
Act No. 4 of 26 april 2007 amending Greenland Parliament on the recovery and prevention of arrears to the public (Modified scope)
Parliament Act no. 14 of 2 november 2006 amending certain county laws on taxation, etc. (Consequential amendments as a result of the centralization of tax administration and clarification of control provision)
Act No. 3 of 12 May 2005 amending Rule Act on recovery and prevention of arrears to the budget (Entitlements under county regulation on the library system is part of county law)

Hovedlov to
Self-Government Order no. 9 of 1 July 2010 on the recovery of arrears to public
Home Rule Executive Order no. 4 of 27 February 2008 on the takeover of the municipal debt collection
Home Rule Order No. . 10 of 18 June 2004 on the collection of payments in connection with pantefogdernes recovery of arrears to public
home Rule Executive Order no. 12 of 7 June 1996 on bringing into force of Act No.. 3 of 2 May 1996 on the recovery and prevention of arrears to the public

Adds to
Self-Government Order no. 9 of 1 July 2010 on the recovery of arrears to public
Home Rule Executive Order no. 4 of 27 February 2008 on the takeover of the municipal debt collection
Home Rule Order No. . 10 of 18 June 2004 on the collection of payments in connection with pantefogdernes recovery of arrears to public
home Rule Executive Order no. 12 of 7 June 1996 on bringing into force of Act No.. 3 of 2 May 1996 on the recovery and prevention of arrears to the public


The scope of




§ 1. This Rule Act concerns the recovery of the Greenland Home Rule and the Greenland municipalities' debts.
Subsection. 2. Landsting Act shall apply to claims arising under the following county laws and regulations,
1) Act on income tax
2) Act on stamp duty
3) Act on lottery tax
4) Parliament Act the tax on gaming machines,
5) Act on port charges
6) Act on tax on motor vehicles,
7) Act on tax on shrimp,
8) Act on employers' training contributions
9 ) Landsting Regulation of carriage of goods to, from and in Greenland,
10) Landsting Regulations on vocational education, training and vocational guidance,
11) Landsting Regulation on rental accommodation,
12) Landsting Regulation on support for housing, || | 13) Landsting Regulation on support for fishing, hunting and agriculture,
14) Act on local authorities' access to investing in commercial activity
15) Landsting Regulation on the payment of alimony, etc. for children, as well as adoption subsidies, and
16) Landsting Regulation on public assistance.
Subsection. 3. In addition, the county law applicable for the recovery of the Greenland Home Rule and the municipalities' claims on citizens and businesses obligations to pay for day-care centers, nurseries, heating, electricity, water, cleaning and sweeping.




Recovery


§ 2. The claims referred to in § 3, paragraph. 4 and 5 and claims under county regulation on vocational training and vocational guidance, county Regulation for help from the public and Government and municipal debts on payment of day-care centers, nurseries and chimney be enforceable under the provisions of Chapter 7 of Law no. 271 of 14 . June 1951 of Justice in Greenland, as last amended by law no. 151 of 31 March 1993, the same as for claims covered by the same law Chapter 7, § I, paragraph. 2.


§ 3. Agreements between debtor and pantefogden concerning claims referred to in § l about withholding payments of money accruing to the debtor shall be complied with by the person receiving the notice to make deductions.
Subsection. 2. Retention after paragraph. l can take place in all payments, including wages, compensation for membership of or assisting on boards, committees, commissions, councils and the like, severance pay, pensions and other support obligations, received in Greenland which are awarded by the Treasury, the Treasury, municipal boxes, other public funds or private funds, as well as to first sales amount acquired by seafood buyer in Greenland of fishery, fishing, hunting, sheep, reindeer husbandry and handicrafts.
Subsection. 3. If those payments to the debtor, the person who has received an order to order detention notify pantefogden this within 5 days. The same applies when the person has received an order to order detention, do not make payments to the defendant.
Subsection. 4. Whoever under paragraph. l have made deductions from payments to the debtor is liable for payment of the amount withheld.
Subsection. 5. A person who fails to comply with an order to make deductions referred to in paragraph. l, directly responsible for paying the missing amount, unless he proves that there is no negligence.
Subsection. 6. Amounts withheld in accordance with paragraph. l become due on the last business day of detention month with payment date on the last business day of the following month.

§ 4. The provision in § 3, paragraph. l shall not apply to holiday allowance, special allowance, holiday allowance and holiday pay, to the extent such services is maximum 15% of salary during the vesting period.
Subsection. 2. There may not be deductions from payments referred to in paragraph. l said benefits to the extent that benefits a maximum of 15% of salary during the vesting period.
Subsection. 3. The person who has received an order to make detention, as regards paragraph. l and 2 cases that make deductions for the payment of benefits and not later than the last working day of the month following the payment notify pantefogden thereof.

§ 5. For the payment of tax refunds, including the repayment in accordance with § 50 of Act No.. 5 of 19 May 1979 on income tax, other municipalities or Greenland Home intervene for an amount equal to the taxpayer's unpaid, overdue debt on taxes, help against repayment obligation advance payments of alimony, loans granted by housing benefit committee, loans granted by business support committee and municipal loans to commercial activity.
Subsection. 2. Whoever is responsible for payment, notify the taxpayer that has happened entry.




Liability


§ 6. Spouses and persons in a registered partnership are jointly liable for claims under county regulation on rental housing and the Home Rule and the municipalities' claims on payment of renovation and sweeping.
Subsection. 2. The liability under subsection. 1 includes only debts which arose during the marriage or registered partnership.
Subsection. 3. Paragraph. 1 shall also apply to the Home Rule and the municipalities' claims on payment of day-care centers and nurseries to the extent that the spouses are not subject to the obligation to contribute to the child or children.


Assumption of companies


§ 7. By assuming undertakings to carry out works or receipt of order for delivery of goods or services to our government or municipal council decide to take into account whether the companies has unpaid debts relating to taxes, duties and employers vocational training contribution.
Subsection. 2. The Cabinet may lay down rules in paragraphs. In those decisions.


Disclosure


§ 8. Employers, accountants, entities, buyers, carriers, freight forwarders, etc. shall, on request, and the need pantefogdens recovery of arrears, inform pantefogden any significant information, not related to the debtor's purely personal meaning. § 28 of Rule Act no. 8 of 13 June 1994 on case management in public administration.

§ 9. Banks, savings banks, cooperative banks, bankers, brokers, lawyers, insurance companies and others who receive funds for management or professional loaning money, after the Tax Directorate's request, provide the enforcement of debts following information about named individuals:
1) deposits , loans, deposits or box
2) the size of loans and deposits and managed funds and their return,

3) movements on deposit or loan accounts, including information on towed and inserted checks,
4) discounted bills, and
5) collateral for loans and credits.




Authorities


§ 10. The Cabinet may provide for charging installment in connection with pantefogdernes recovery after county laws and regulations referred to in § l paragraph. 2 and 3.

§ 11. The Cabinet may lay down rules on the procedure for recovery by county laws and regulations referred to in § l.




Violations


§ 12. Anyone who intentionally or by gross negligence violates § 3 by failing to comply with an order to withholding payments accruing to the debtor, or by failing to pay the withheld amount on time can be fined, including daily fines .
Subsection. 2. A person who intentionally or by gross negligence fails to provide information referred to in § 4, paragraph. 3, § 8 and § 9 or giving false or misleading information can be fined, including daily fines.
Subsection. 3. Are any of the paragraph. l or 2 above infringements committed by a company, an association, a private foundation, a foundation or the like, may be imposed on the legal person as such a fine. Are the violations committed by the State, the Home Rule, a municipality or a municipal association, see. § 64 of the legislation on municipal councils and village councils, may be imposed on the state, home rule, local council or the municipal community as such a fine.




Effective


§ 13. The Cabinet shall determine the date of this Act comes into force.
Subsection. 2. §§ 2, 3, 5 and 7 take effect for debts which arose up to 5 years before this county law came into force.
Subsection. 3. § 6 applies to claims founded on day county law comes into force or later.



Greenland, May 2, 1996





Lars Emil Johansen
/
Daniel Switch