(competence for supervision of administrators)
(1) The ministry competent for justice shall be competent to execute the supervision of the administrator pursuant to the rules laid down in Subsection 3.6.2 of this Act.
(2) The ministry competent for justice shall be entitled, to the extent necessary for performing supervision referred to in the first paragraph of this Article, to direct access and to obtain data from the central population register, business register, and data kept by other managers of personal data.
(3) For the procedure of deciding on matters regulated in Subsection 3.6.2 of this Act, the act shall apply which regulates general administrative procedures.
Article 107 (commission)
(1) The minister competent for justice shall appoint a commission as his counselling body, composed of:
1. two independent experts in the field of insolvency law, 2. two judges adjudicating in insolvency proceedings, and 3. a representative of the ministry competent for justice.
(2) Members of the commission shall be appointed for five years and may be re-appointed thereafter.
(3) The commission shall provide the minister with opinions concerning the issue and withdrawal of authorisations for the performance of the function of administrator, and concerning other matters in relation to the implementation of this Act.
(4) The work of the commission shall be headed by the president elected by the members of the commission among themselves.
(5) The commission shall adopt rules of procedure for its work.
(6) The resources necessary for the work of the commission, as well as administrative, technical and other conditions for the work of the commission shall be provided by the ministry responsible for justice.
Article 108
(authorisation to perform the function of administrator)
(1) The function of administrator may be performed only by a person who posses a valid authorisation by the minister responsible for justice to perform the function of the administrator in insolvency proceedings and compulsory liquidation proceedings (hereinafter referred to as: authorisation to perform the function of administrator).
(2) The minister responsible for justice shall issue the authorisation to perform the function of administrator to a person who meets the following conditions:
1. is a citizen of the Republic of Slovenia, or a Member State of the European Union, or a Member State of the European Economic Area, and has a working knowledge of Slovenian language,
2. has a legal capacity and general health capacity,
3. holds at least higher education of the first degree in a legal or economic field, or equivalent abroad recognised pursuant to the act governing the recognition and evaluation of education, or an authorisation for performing the tasks of auditor or authorised auditor pursuant to the act governing auditing,
4. has at least three years working experience of working professional education, as referred to in point 3 of this paragraph,
5. has insurance covering his liability referred to in the first paragraph of Article 102 of this Act, for the lowest insured sum of EUR 150000 in a single year,
6. has passed a proficiency examination for performing the function of an administrator,
7. is worthy of public confidence to perform such function.
(3) The conditions set out in point 7 of the second paragraph of this Article shall not be considered met by a person who has a reason to believe on the basis of his previous work, action or behaviour that his performance of the function of administrator will not be professional, honest and conscientious, or has been lawfully convicted of a criminal offence committed with intent, which is prosecuted ex officio, or for one of the following criminal offences committed through negligence: causing death through negligence, serious bodily harm, extremely serious physical injury, threatening safety at work, concealment, treason and the illegal obtaining of a business secret, money laundering, betraying an official secret, causing general danger, or betrayal of a state secret, and if the sentence for such an offence has not yet been cancelled from the criminal record.
(4) The minister responsible for justice shall refuse a request concerning the issue of an authorisation for performing the function of administrator if:
1. the person lodging the request does not meet the conditions referred to in the second paragraph of this Article, or
2. the person lodging the request has already had their authorisation for performing the function of administrator withdrawn.
Article 109
(withdrawal and termination of authorisation for performing the function of administrator)
(1) The minister responsible for justice shall withdraw the authorisation for performing the function of administrator from the administrator if:
1. he violates the obligations referred to in the third paragraph of Article 98 of this Act,
2. he commits a serious offence related to other obligations of the administrator, 3. he is lawfully convicted of a criminal offence as referred to in the third paragraph of Article 108 of this Act, or
4. he ceases to meet the condition referred to in point 5 of the second paragraph of Article 108 of this Act.
(2) The violation of obligations referred to in point 2 of the first paragraph of this Article shall have the characteristics of a serious offence if:
1. the administrator commits an offence of the same characteristics for the second time within a five-year period, or
2. a violation of obligations raised the damages for the assets of the insolvent debtor which belongs to the bankruptcy estate.
(3) A decision on the withdrawal of authorisation for performing the function of an administrator shall be final.
(4) The withdrawal of authorisation for performing the function of administrator shall be decided by the minister responsible for justice upon the proposal by the court conducting insolvency proceedings, whereby the administrator has committed the violation, which is the reason for the withdrawal of authorisation, or ex officio.
(5) The authorisation to perform the function of administrator shall cease to apply:
1. if the administrator loses nationality of the Republic of Slovenia, or a Member State of the European Union, or a Member State of the European Economic Area, without acquiring at the same time, the nationality of another state which is either the Republic of Slovenia, or a Member State of the European Union, or a Member State of the European Economic Area,
2. if the administrator has been issued a final decision on the withdrawal of legal capacity,
3. if the administrator issues a written statement, containing his authenticated signature, requesting deletion from the list of administrators,
4. if the administrator dies.
(6) The minister responsible for justice shall issue a decision on the termination of validity of the authorisation for performing the function of administrator.
Article 110
(list of administrators)
(1) The minister responsible for justice shall keep a list of administrators.
(2) The list shall contain, in respect of each person holding a valid authorisation for performing the function of administrator:
1. identification data on the administrator,
2. the number and date of issue of the authorisation for performing the function of administrator,
3. the court where the person performs the function of administrator,
4. for any insolvency proceedings or liquidation proceedings whereby the person performs the function of administrator:
– the court conducting the proceedings, personal name of the judge and reference number of the procedure,
– the personal name or business name and address of the debtor, – the type of procedure,
– the starting date of the procedure,
– the date of termination of the procedure, 5. the date of entry in the list of administrators,
6. a period of temporary cessation of appointment of the administrator in new matters,
7. the date of cancellation from the list of administrators, and the reason thereof.
(3) Identification data on the administrator shall be the following:
1. personal name,
2. address of permanent residence, 3. date of birth,
4. identification number, namely:
– personal identification number if the administrator is entered in the central population register, or
– tax number in other cases,
5. if the administrator performs the competencies and tasks of the administrator as his profession in the legal form or a lawyer or sole proprietor also the data entered in the business register:
– business name and address, and business address, – registration number.
(4) The list of administrators shall be published on the websites for publications in insolvency proceedings referred to in Article 122 of this Act.
(5) Data shall be kept and published in the list of administrators with the aim of verifying the conditions for the appointment of an administrator in an individual procedure, and to supervise the administrators.
Article 111
(selection of the court whereby the administrator performs the function of administrator)
(1) A person holding a valid authorisation for performing the function of administrator shall choose at least one, and may choose five, at the most, district courts at which to perform the function of administrator.
(2) A selection of the district court under the first paragraph of this Article shall include also all local courts within the territory of the selected district court.
(3) The person shall attach a statement concerning the selection of the court under the first paragraph of this Article to his request for the issue of authorisation for performing the function of administrator.
(4) The person may change the selection of courts by means of a statement submitted to the ministry responsible for justice not earlier than one year after the person’s previous selection has come into force.
(5) The minister responsible for justice shall:
1. draw up a list of administrators for an individual district court (hereinafter referred to as: list of selected administrators of an individual district court),
2. if the change of the selection of courts complies with the first, second and fourth paragraphs of this Article, the minister shall enter in the list of administrators the change of courts referred to in point 3 of the second paragraph of Article 110 of this Act,
3. if the change of the selection of courts is contrary to the first, second and fourth paragraphs of this Article, the minister shall refuse the statement on the change.
(6) The minister responsible for justice shall decide under the fifth paragraph of this Article within eight days following the acceptance of the statement on the change of selection of courts.
(7) The change of selection of courts shall come into effect with the entry of such change in the list of administrators, and shall not affect the competencies and tasks of the person in procedures where he has been appointed administrator prior to when such change of selection came into effect.
(8) If the number of administrators are selected for a district court which do not suffice with regard to the average number of cases conducted by such court and local courts in its territory, the minister responsible for justice shall, upon the proposal by such court, determine the number of additional administrators.
(9) The notice of determination of the number of additional administrators under the eighth paragraph of this Article shall be published by the ministry responsible for justice on the websites for notices in insolvency proceedings referred to in Article
122 of this Act, together with a call to administrators to make an additional selection of a district court to which the notice refers.
(10) The limitation laid down in the first paragraph of this Article shall not apply to an additional selection of a district court based on the call under the ninth paragraph of this Article.
(11) If statements on the additional selection of a district court to which the notice refers are submitted to the ministry responsible for justice by an insufficient number of administrators within fifteen days following the publication and the notice referred to in the ninth paragraph of this Article, the minister responsible for justice shall issue a decision within eight days after the expiry of such time limit on determining additional administrators who shall perform their function also for this court.
(12) The minister responsible for justice shall select additional administrators under the eleventh paragraph of this Article among administrators who, pursuant to the first paragraph of this Article, have selected fewer than three courts.
(13) If the number of administrators referred to in the twelfth paragraph of this Article is higher than the necessary additional number of administrators, those administrators shall be appointed as additional whose names have been listed later in the list of administrators.
Article 112
(temporary stay of appointment as administrator in new matters)
(1) A person entered in the list of administrators may request that his appointment as administrator in new matters is temporarily stayed:
1. if being appointed to a state or international function that requires professional performance: for the duration of such function,
2. in other cases: for the period indicated in the request, but not less than three months.
(2) The minister responsible for justice shall enter in the list of administrators the period of temporary stay of appointment as administrator in new matters referred to in point 6 of the second paragraph of Article 110 of this Act.
(3) The minister responsible for justice shall decide under the second paragraph of this Article within eight days following the acceptance of the request for temporary stay of appointment as administrator in new matters.
(4) The period of temporary stay of appointment as administrator in new matters shall start with the entry of such legal fact in the list of administrators.
Article 113
(keeping a list of administrators)
(1) The ministry responsible for justice shall within three working days following the issue of a decision:
1. enter the person issued an authorisation for performing the function of administrator in the list of administrators,
2. cancel a person withdrawn the authorisation for performing the function of administrator or if such authorisation ceases to be valid under the fifth paragraph of Article 109 of this Act, from the list of administrators.
(2) In the list of administrators the identification number of the administrator shall be entered, while his other identification data shall be taken automatically on the basis of the connection of the central population register, tax register and business register (hereinafter referred to as: central registers) with the list of administrators, from such registers and are thus entered in the list of administrators.
(3) If the identification data of the administrator in the central register are changed, such changes shall be automatically, on the basis of the connection with the central register, taken on by the list of administrators.
(4) Changes to identification data which are not entered in the central registers shall be notified by the administrator to the ministry responsible for justice, within fifteen days following the occurrence of such changes.
(5) The ministry responsible for justice shall inform all courts conducting insolvency proceedings in the first instance of the entry of any change in the list of administrators, within three working days following such entry.
(6) Courts shall inform the ministry responsible for justice within three working days following the issue of a decision on the appointment or dismissal of an administrator, of the data referred to in point 4 of the second paragraph of Article 110 of this Act.
Article 114
(regulations concerning administrators) The minister responsible for justice shall prescribe:
1. a programme and the method of passing the proficiency examination for performing the function of administrator,
2. a tariff for assessing the remuneration of administrators, and the lump-sum compensation for assuming the operations of a dismissed administrator,
3. more detailed rules concerning the costs to which an administrator is liable, and the lump-sum for covering other costs of bankruptcy proceedings which terminate with no distribution to creditors, as referred to in point 3 of Article 233 of this Act,
4. more detailed rules concerning keeping the list of administrators,
5. more detailed rules concerning the content and method of notification under the fifth and sixth paragraphs of Article 113 of this Act.
Subsection 3.6.3: Appointment and dismissal of administrators