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Part 2 · Opening of insolvency proceedings. Recognised assets and parties to proceedings  ›  Division 3 · Insolvency administrator. Bodies representing creditors › Section 63

Remuneration of insolvency administrator

(1) The insolvency administrator is entitled to remuneration in consideration of execution of office and to reimbursement of adequate expenses. The ordinary rate of such remuneration is calculated based on the value of the insolvency estate when the proceedings are terminated. The scope and complexity of the administrator’s execution of office are taken into account by derogating from the ordinary rate.

(2) If the costs of the proceedings have been deferred in accordance with section 4a, the insolvency administrator has a claim against the Treasury in respect of his or payment and expenses insofar as the insolvency assets are insufficient therefor.

(3) A provisional insolvency administrator is remunerated separately for services rendered. A provisional insolvency administrator generally receives 25 per cent of the remuneration paid to the insolvency administrator based on the assets to which the services rendered referred during the opening proceedings. When determining the value of the assets, the point in time at which the provisional administration ended is decisive, alternatively the point in time from which the object is no longer subject to provisional administration. Where the difference between the actual value of the basis for calculating the remuneration and the value on which the remuneration is based is more than 20 per cent, the court may amend the decision concerning the provisional insolvency administrator’s remuneration until the decision concerning the insolvency administrator’s remuneration has become binding.

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