Permit to perform the function of an administrator

A person must be a citizen of the Republic of Slovenia or any other Member State of the European Union (EU) or the European Economic Area (EEA).

If the applicant is a citizen of a Member State of the EU or EEA, they must submit together with the application evidence that they are citizens of a Member State of the EU or EEA. The certificate must be certified pursuant to Article 15 of the Act on Verification of Documents in International Traffic (Official Gazette of the Republic of Slovenia, No. 64/01).

Evidence

The information on the citizenship is acquired by the ministry from the central record of citizenship.

If the applicant is a citizen of a Member State of the EU or EEA, they must submit together with the application evidence that they are citizens of the EU or EEA. The certificate must be certified pursuant to Article 15 of the Act on Verification of Documents in International Traffic (Official Gazette of the Republic of Slovenia, No. 64/01).

Foreign documents may be used in the Republic of Slovenia if they are certified, after previous certification in the document's country of origin, by the ministry of the Republic of Slovenia responsible for foreign affairs or by a diplomatic mission and consular post of the Republic of Slovenia abroad, if a treaty does not stipulate otherwise.

Legal basis

• Financial Operations, Insolvency Proceedings, and Compulsory Dissolution Act (ZFPPIPP)

Full legal capacity is gained by a natural person when they come of age, get married prior to coming of age, and, by a court decision, by a minor who has become a parent.

General health ability is the ability of a worker to perform a certain type of work in the working environment.

If the applicant is a citizen of a Member State of the EU or EEA, they must submit together with the application evidence that they are legally competent. The certificate must be certified pursuant to Article 15 of the Act on Verification of Documents in International Traffic (Official Gazette of the Republic of Slovenia, No. 64/01).

Evidence

The ministry acquires the information on legal capacity of an applicant from the operator of the civil register.

A person must have at least professionally oriented higher education of the first degree or an equivalent level of education acquired abroad recognised pursuant to the act regulating recognising and assessing education, or a permit to perform tasks of an auditor or certified auditor pursuant to the act regulating auditing.

Evidence

Evidence of the acquired education is acquired by the ministry from the competent institution.

A person must have at least three years' work experience in performing works and a professionally oriented higher education of the first degree.

Evidence

The ministry acquires evidence ex officio.

A person must have an insurance which covers their damage liability for the lowest insurance amount of EUR 500,000 in an individual year.

An administrator is liable to creditors for damages incurred in individual insolvency proceedings up to five times the amount of the award to which the administrator is entitled in these proceedings, but which must not be less than EUR 5,000.00.

A person may conclude insurance individually or via the Chamber of Insolvency Administrators.

Evidence

Photocopy of an insurance policy.

The test includes testing knowledge in the fields of insolvency law, law and economy, regulations, theory and case law.

The exam is taken before a three-member examination board comprised of the president and two members.

The test comprises a written and an oral part. A successfully completed written part is the condition to sit for the oral part.

The written part of the exam includes a written task from the prescribed fields. Insolvency law is tested by solving a problem in the form of a case study, while the fields of general legal and economic knowledge are tested with a questionnaire.

The oral part includes the argumentation of the entire written task and testing knowledge of the applicant from the prescribed fields.

The success in the exam is declared by the president of the examination board in the presence of the members of the board, the applicant and the minute taker immediately after the finished exam.The success is written down in the minutes. The applicant who has successfully completed the exam is issued a certificate of the successfully completed exam. The certificate states that the applicant has successfully completed the exam to perform the function of an administrator. The certificate is signed by the minister and the president of the examination board.

On the basis of the issued invoice, the applicant pays the costs of the exam in accordance with the ministry’s price list. Prior to sitting for the exam, an applicant must state that they paid the costs of the exam, which is verified by the ministry. To monitor and carry out exams and appoint administrators, the ministry keeps records of exams to perform the function of an administrator.

The price of the exam is EUR 153.98.

For the applicants to be better prepared, the ministry may organise preparatory seminars the information on which is published on the ministry’s website. The participation fee for a preparatory seminar is EUR 403.07.

Evidence

A person who successfully completes the test acquires a certificate of a successfully completed exam.

The condition of public trust is not met by a person for whom it may be justifiably concluded on the basis of their work or behaviour so far that they will not perform the function of an administrator fairly and conscientiously, or who has been convicted res judicata of a criminal offence  which is prosecuted ex officio, or due to one of these criminal offences committed out of negligence: causing death out of negligence, a severe bodily injury, a grievous bodily injury, threatening safety at work, concealment, treason and unjustified 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 expunged from the criminal record.

Evidence

The ministry acquires information ex officio.

A person must be active in Slovenian.

If a person is a citizen of a Member State of the European union or European Economic Area and is not a citizen of the Republic of Slovenia, they must state together with the application where they acquired an active knowledge of the Slovenian language (Level C2 according to the scale of the Common European Framework of Reference for Languages).

A safe electronic inbox is an e-mail address of a user of the information system for safe electronic delivery which is managed by the provider of safe electronic delivery services.

On the basis of the second paragraph of Article 14 of the Rules on electronic operations in civil procedures, the Centre fro Information Technology at the Supreme Court of the Republic of Slovenia publishes a list of providers of safe electronic delivery services.

Providers of safe electronic delivery services with which external qualified users of the information system e-Sodstvo open a safe electronic inbox for electronic delivery in civil procedures are:

• Pošta Slovenije d.o.o., Slomškov trg 10, Maribor,
• EIUS d.o.o., Vrtna ulica 22, 1000 Ljubljana;

Post of Slovenia – moja.posta.si – Instructions;

Safe electronic inbox VEP.SI - instructions for registration.

Note:

If you have opened a safe electronic inbox with Pošta Slovenije d.o.o., we warn you that it issues two types of safe electronic inboxes: the main electronic inbox and inboxes – addresses of proxies. Addresses of proxies are not suitable for delivery. For more information contact the provider of your safe electronic inbox.