Insolvency administrator remuneration
The insolvency administrator remuneration is part of the costs incurred in insolvency proceedings in accordance with Section 54 InsO . The amount of the remuneration is regulated more precisely in the Remuneration Ordinance for Insolvency Administrators (InsVV) and is calculated based on the amount achieved for the creditors . Settlement takes place at the end of the procedure, advance payments to cover running costs are possible on request.
Basic remuneration
According to § 63 InsO, the insolvency administrator has a "right to remuneration for his management and reimbursement of reasonable expenses". The basic remuneration is based on a differentiated tier model. The more insolvency assets the liquidator generates for the creditors, the higher his remuneration. According to § 2 InsVV, the insolvency administrator receives 40% of the first 25,000 euros of the bankruptcy estate. From the excess of up to 50,000 euros there is 25%, up to 250,000 euros he gets 7%. With more than 50 million euros, he is still entitled to 0.5%. The aim of the regulations is to prevent excesses and create the incentive to gain as much mass as possible in favor of the creditors.
In particular, the handling of large insolvency proceedings can only be managed by large law firms that have an extensive staff of qualified staff. Costs for office rents, secretariats, clerks, IT infrastructure and professional liability insurance are covered by the administrator's fee. The insolvency administrator remuneration is paid for the entire duration of the insolvency proceedings. The remuneration is usually determined within insolvency administration software.
Surcharges and discounts
In addition to the basic remuneration, the law provides for some surcharges or discounts, which are regulated in Section 3 InsVV. Surcharges can be approved in particularly complex cases, for example in companies that have a complicated structure and subsidiaries or if a particularly large number of jobs are affected. Accordingly, the court can order deductions if the procedure makes only minor demands on the administrator. Special surcharges are also provided for the continuation of a company and the preparation of an insolvency plan.
Authorization and control
Claims for remuneration based on the mass and the statutory provisions are submitted via a formal application including a detailed justification. The creditors' committee acts as the supervisory body . The bankruptcy court examines the application and sets the remuneration. In some insolvency courts, so-called final auditors were commissioned to check the remuneration statement. This external award is seen differently, because on the one hand the invoice verification is seen as a causal task of the responsible judicial officer, whose professional liability insurance also protects them from wrong decisions, on the other hand final invoices can be so complex that it is virtually impossible to carry out an examination with the judiciary's internal means perform. In any case, such an external award of the final audit is at the expense of the available mass, i. H. creditors receive less money when the courts have the bills checked externally.
Interpretations and court decisions
The remuneration ordinance for insolvency administrators was and is subject to constant discussions and court decisions. This is largely due to the fact that the associated standards are sometimes imprecise and allow for possible interpretations. This affects two core areas:
- Which services are part of the remuneration?
- Which services can be billed separately because they are e.g. B. were provided by external service providers?
- How are taxes to be paid included in the remuneration?
The first two points are the total scope of the range of services of the insolvency administrator. It is generally assumed that the administrator provides all services for his remuneration within an insolvency proceeding. As a rule, however, services can and must be outsourced that the manager - even with a very well-equipped office - cannot provide himself. Such services are, for example, increasingly IT services, extensive tax processing, lawsuits in the context of insolvency proceedings and the like. a. Although there is legal consensus that these services - for example provided by external parties - can be billed separately, there is no consensus regarding certain simple tasks, as these are simply not defined. These remuneration discussions are also fueled by the fact that the question is raised as to whether the special insolvency administrator programs must provide functionalities so that the administrator can provide the service in-house.
The influence of the tax calculation on the remuneration was and is not clearly regulated by law. Since the administrator's remuneration is paid from the bankruptcy estate and, as a rule, sales tax is paid on the remuneration and the estate receives an input tax refund, this, in combination with the dependency of the remuneration on the estate, led to a circular calculation. In fact, based on this line of thought, an integration process had to be carried out to calculate the remuneration. In this regard, the Federal Court of Justice has meanwhile decided that such integration calculations (which, of course, had the effect of increasing remuneration) should only be carried out in one stage, i.e. should not be carried out.
Web links
See also
Individual evidence
- ↑ a b The remuneration of the insolvency administrator . RVG professionell - information service for the law firm. Retrieved October 10, 2013.
- ↑ Softlex Insolvency Administration. Retrieved August 28, 2017 .
- ↑ INVEP : remuneration calculation and invoicing. Retrieved August 28, 2017 .
- ↑ Input tax deduction from the insolvency administrator remuneration - and their consideration in the insolvency estate. Retrieved May 27, 2016 .
