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Part 6 · Supervision: tasks and general powers, organisation  ›  Chapter 2 · Protective measures › Section 317

Curator in the event of insolvency

(1) The insolvency court must appoint a curator for the insured to safeguard their rights under sections 315 and 316. For the curatorship, the insolvency court takes the place of the guardianship court.
(2) The curator must establish the scope of the existing tied assets, and ascertain and lodge the claims of the insured.
(3) The curator must, so far as possible, hear the insured before the lodgement, notify them of it after the lodgement, and, on request, otherwise also give them information on the facts material to their claims. The right of the individual insured person to lodge his or her claim personally remains unaffected. Insofar as the lodgement by the insured person deviates from that of the curator, the lodgement more favourable to the insured person applies until the deviation is removed.
(4) The insolvency administrator must permit the curator to inspect all books and records of the debtor, and, on request, must prove to the curator the holdings of the tied assets.
(5) The curator may claim appropriate remuneration for conducting his or her office. The expenses to be reimbursed to him or her, and the remuneration, are chargeable to the tied assets.
(6) The supervisory authority must be heard before the appointment of the curator and before the determination of the remuneration.

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