Withdrawal of private security authorization for insolvency

ATA/145/1998Court of Justice / Administrative ChamberMar 17, 1998Confirmed

Extracted by Omnilex

Omnilex summary

The case concerns a private security agent who had long-standing debts totaling about CHF 125,000. The competent authority withdrew the authorization to exercise the profession on the ground of insolvency under LASP art. 3(1)(c).

Omnilex headnote

LASP art. 3 al. 1 let. c; withdrawal of authorization to exercise the private security profession for insolvency: substantial and persistent indebtedness may constitute a ground for refusal or withdrawal of the authorization when it demonstrates lack of financial reliability relevant to the profession. The authority may rely on the overall debt situation and its duration; no additional formal insolvency proceeding is required where the statutory condition is otherwise met.

Full text

Descripteurs

PROFESSION; AGENT DE SECURITE PRIVE; JPT

Normes

LASP.3 al.1 litt.c

Résumé

Insolvabilité d'un agent de sécurité : dettes de CHF 125'000.- supportées depuis longtemps. Retrait de l'autorisation d'exercer la profession.

Keywords

private securityauthorizationinsolvencyprofessional fitnessdebt

Extracted by Omnilex

Key legal question

Whether the security agent's insolvency justified withdrawal of the professional authorization under LASP art. 3(1)(c).

Extracted holding

The long-standing indebtedness justified withdrawing the authorization to exercise the profession.

Extracted reasoning

The authority relied on the agent's insolvency, reflected in substantial debts accumulated over time, as a ground for withdrawing the authorization under the applicable statutory provision.

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