Anerkennung von Schuldnerberatungsstellen

With the insolvency law reform of 1999, consumers and small businesses were given the opportunity to obtain discharge of residual debt in special consumer insolvency proceedings . The procedure is primarily aimed at promoting out-of-court debt settlement between debtors and creditors.

If formal consumer insolvency proceedings are to be opened, the debtor must first prove by submitting a corresponding certificate that such an out-of-court settlement has been unsuccessfully attempted. The certificate must be issued by an "appropriate person or body". The determination of suitable persons has been left to the insolvency courts. In Hesse, the regional councils are responsible for recognition as a "suitable body" for their respective districts.
 

The main requirements for recognition are:

• Management of the position by a reliable person
• Permanent operation of the body with economic capacity (presentation of the financing concept and disclosure of the financial sources)
• Employment of at least one person with relevant experience in debt counselling (at least 2 years of experience as a counsellor in debt counselling)
• Ensuring the necessary legal advice (if necessary, by contracting with a lawyer)
• Provision of up-to-date technical, organisational and spatial requirements for proper debt counselling and the guarantee of data protection
• No commercial operation of credit, financial or financial intermediation services
   

• Application for recognition as a suitable body pursuant to § 305 (1) no. 1 of the Insolvency Code (InsO with annexes)
• Police clearance certificate
• Excerpt from the Central Trade Register
• Presentation of the organisation of the legal advice of the debt counselling centre
• Proof of activity and employment references as proof of at least 2 years of practical experience as a consultant in debt counselling for each employee
• Presentation of the concept and the economic performance or the permanent financing concept of the debt counselling centre 

If the competent authority has not taken a decision on the application within 3 months, recognition shall be deemed to have been granted. The deadline may be extended by one month.

To the regional council responsible for the seat of the office.

You can also complete the procedure electronically via the Point of Single Contact.

A separate platform has been developed for online applications. On the so-called service platform you can submit your applications electronically and much more! You are welcome to get your own impression of the application in advance without registering beforehand. To do this, use the simulation. In order to make full use of the online application, you must first register with the online application process.
 

Online application procedure of the Point of Single Contact Hesse