Regulations governing forced by helper
Date FOR 1992-12-04-895
Affairs Ministry of Justice
Published Dept. In 1992 1289
Commencement 01.01.1993
Edited
FOR 2010-04-09-507
Changes
For
Norway
Legal
LOV-1992-06-26-86-§2-10
Promulgated
Short Title
Regulations on foreclosures by helper
Chapter Overview:
1. Introduction (§ 1-1)
Chapter 2. aides collateral (§§ 2-1 - 2-5)
Chapter 3. aides remuneration (§§ 3-1 - 3-7 )
Chapter 4. bailiff as adjunct of forced sale of real property and access documents for lease of business premises (§§ 4-1 - 4-2)
Chapter 5. Commencement (§5-1)
Adopted by Royal Decree. 4 December 1992 pursuant to the Enforcement Act 26 June 1992 No.. 86 § 2-10. Promoted by the Ministry of Justice.
Changes: Amended by regulations 11 October 2002 No.. 1094, May 9, 2003 No.. 554, April 9, 2010 No.. 507.
1. Introduction
§ 1-1. Scope This regulation applies to foreclosures by adjunct appointed by the enforcement authorities for the Enforcement Act.
Chapters 2 and 3 do not apply to enforcement officer who is appointed by the court as an assistant by the forced sale of real property or accessed documents to rent the right to housing.
Chapter 2. aides collateral
§ 2-1. When the caregiver shall provide security caregiver shall provide security in accordance with this chapter when the caregiver during the forced sale shall receive the purchase price. Enforcement authorities may require the caregiver provide security in other cases. By the forced sale of movable property and other non-registered assets than access documents to rent the right to housing can enforcement authorities exempt caregiver to provide security when the purchase are expected to be lower than 50 times the court fee. Straight fee at the time the caregiver is appointed, employed.
One caregiver who has provided security in accordance with the provisions in or pursuant to other law covering liability as mentioned in § 2.3, is not obliged to provide security for these Regulations.
§ 2-2. Collateral form Collateral in that with the enforcement authorities deposited a declaration from a Norwegian insurance company or another Norwegian company with the right to engage in financing activity under the Financial Institutions and Financial Institutions June 10, 1988 No. 40 § 1-4 (safety controller) that security controller accepts the conditions specified in § 2-5 to guarantee the fulfillment of caregiver responsibility as mentioned in § 2-3 within the framework of a defined amount which fulfills the requirements of § 2-4.
Execution and enforcement authority may refuse to accept the declaration if there is doubt whether it meets the requirements of subsection.
§ 2-3. What security covers security cover liability caregiver incurred to the parties, the licensees and the purchaser during the execution of it or the sales assignments security applies. If the caregiver receives purchase, covering security also that the purchase price will be paid by the caregiver.
§ 2-4. Collateral size execution and enforcement authority sets the amount of security to be. When the caregiver to receive the purchase price, security should be at least equal to the amount the purchase price is expected to be.
If security is a common security for the sales commission as an adjunct receives from the same enforcement authorities and the caregiver will receive the purchase price in one or more of the missions, security should at all times be at least equal to the total sum of the estimated purchase prices in the sales missions caregiver has pending. The caregiver can not be given new sales commission if it will lead to the total sum of the purchase totals will exceed safety.
§ 2-5. Further requirements for safety injured party can claim compensation directly from the safety controller without first make a claim against the caregiver.
Security claimant can not invoke any other defense against the claims of the claimant beyond the objections sidekick have in relation to the injured.
Termination of security or loss of safety otherwise is not effective in relation to the injured until one month after the enforcement authorities have been notified demise.
Security claimant could to the injured party does not invoke that payments have been made under the security unless the enforcement authorities have been notified of the payment at the latest when the payment took place.
Chapter 3. aides remuneration
§ 3-1. Introduction aides fees are determined by the enforcement authorities under the provisions of this Chapter.
§ 3-2. Remuneration of forced sale of movable Upon completion of the forced sale of chattels by Enforcement Act Chapter 8, caregiver entitled to remuneration at the following rates:
10% of the purchase price up to NOK 50,000
2% of the excess up to NOK 200,000 and
1% of the excess.
If the caregiver to allocate and disburse the purchase price to the eligible, an additional charge at the following rates:
5% of the purchase price up to NOK 50,000 and
2% of the excess up to NOK 200,000.
§ 3-3. Remuneration of forced sale of real estate and adkomsdokumenter to lease of residential Upon completion of the forced sale of real property pursuant to the Enforcement Act, Chapter 11 or accessed documents to rent the right to housing by the Enforcement Act section 12 has caregiver entitled to remuneration at the following rates:
3% of the purchase price to and with £ 500,000
2% of the excess up to NOK 1,000,000 and
1% of the excess up to NOK 3,000,000.
Remuneration shall still be at least equal to 10 times the court fee.
If the purchase price can be expected to exceed US $ 3,000,000, the subsection be waived by agreement between the court and the caregiver until the draft allocation ruling is submitted to the licensees.
If the caregiver shall receive and disburse the purchase price, granted an additional allowance at 5 times the court fee.
The calculation of the purchase price pursuant to this section shall be taken of the consideration in the form of acquisition of joint debt.
In relation to the first and third paragraphs used the court fee at the time the draft allocation ruling submitted by licensees.
§ 3-4. Remuneration for other foreclosures Upon implementation of other foreclosures than specified in §§ 3-2 and 3-3 are determined caregiver remuneration of the enforcement authorities by prior arrangement with the caregiver.
§ 3-5. Agreement on special cover expenses execution and enforcement authority and the caregiver may agree that the caregiver upon completion of the forced sale, in addition to the allowance for §§ 3-2 to 3-4 should have covered spending on advertising, evaluation oli the extent usual in voluntary turnover that such expenses are covered separately. By the forced sale of real property and access documents to rent the right to housing can be no such agreement is entered into after the draft allocation ruling is submitted to the licensees.
§ 3-6. Agreement on higher or lower remuneration Higher compensation than that provided in §§ 3-2 to 3-5 can be agreed if the advance is reason to believe, or under forced sale proves that the forced sale is considerably more laborious than it as is usual in a forced sale of assets of the same species, or other special circumstances. By the forced sale of real property and access documents to rent the right to housing can be no such agreement is entered into after the draft allocation ruling is submitted to the licensees.
It may be agreed lower remuneration than what follows from §§ 3-2 to 3-5.
§ 3-7. Remuneration if enforced sale through an acolyte not performed if the forced sale is not carried out, the caregiver is entitled to reimbursement of necessary actual expenses and moreover a reasonable compensation for the work. The same applies if the forced sale carried out otherwise than through caregiver.
Aides claim compensation under the first paragraph, first sentence halved, if the caregiver involved in the voluntary sale of same assets within six months after the adjunct assignment ceased. If the allowance already paid, you half claimed back. One caregiver involved in the voluntary sales as mentioned in the first sentence, shall inform the enforcement authorities about the sale.
Chapter 4. bailiff as adjunct of forced sale of real property and access documents for lease of residential
§ 4-1. When enforcement officer may be appointed as adjunct Besides the forced sale of real estate and access documents to rent the right to housing in the sheriff's department, cf. Enforcement Act § 11-12 cf. § 12-6, the bailiff appointed adjunct of forced sale of real estate and access documents to rent the right to housing outside sheriff department when special circumstances so require. The same applies to the forced sale of other real assets.
§ 4-2. Limitations in Invalidate authority as assistant bailiff may as adjunct only covet eviction of real estate by the Enforcement Act § 11-14, second paragraph, when the costs of the waiver is had advance.
Measures mentioned in the Enforcement Act § 11-15 can Bailiff only implement when the plaintiff or another mortgagee has requested it and, moreover, have had advance expenses.
A bailiff appointed as adjunct, can not submit representations or otherwise assume the state has a particular responsibility for the proper settlement. The first sentence is not to preclude enforcement officer assists as mentioned Enforcement Act § 11-33, second paragraph, provided that the buyer or lender will advance registration costs.
Chapter 5. Commencement
§ 5-1. Implementation These regulations come into force on January 1 1993.
regulation does not apply to cases on enforcement that continue to be treated by law August 13, 1915 No. 7 on enforcement.
