§ 58.22 Minimum requirements to become and remain approved agencies relating to certificates. ( a ) An approved agency shall send a certificate only to the client who took and completed the counseling services, except that an approved agency shall instead send a certificate to the attorney of a client who took and completed counseling services if the client specifically directs the agency to do so. In the case of Internet counseling and automated telephone counseling, counseling is not complete until the client has engaged in interaction with a counselor, whether by electronic mail, live chat, or telephone, following the automated portion of the counseling session.
( b ) An approved agency shall attach to the certificate the client's debt repayment plan (if any).
( c ) An approved agency shall send a certificate to a client no later than one business day after the client completed counseling services. If a client has completed counseling services, an agency may not withhold certificate issuance for any reason. An agency may not consider counseling services incomplete based solely on the client's failure to pay the fee.
( d ) If an approved agency provides other financial counseling in addition to counseling services, and such other financial counseling satisfies the requirements for counseling services specified in 11 U.S.C. 109(h) and 111, and this part, a person completing such other financial counseling is a client and the approved agency shall send a certificate to the client no later than one business day after the client's request. The approved agency shall not charge the client any additional fee except any separate fee charged for the issuance of the certificate, in accordance with § 58.20(l)(1).
( e ) An approved agency shall issue certificates only in the form approved by the United States Trustee, and shall generate the form using the Certificate Generating System maintained by the United States Trustee, except under exigent circumstances with notice to the United States Trustee.
( f ) An approved agency shall have sufficient computer capabilities to issue certificates from the United States Trustee's Certificate Generating System.
( g ) An approved agency shall issue a certificate to each client who completes counseling services. Spouses receiving counseling services jointly shall each receive a certificate.
( h ) An approved agency shall issue a replacement certificate to a client who requests one.
( i ) An approved agency shall not file certificates with the court.
( j ) Only an authorized officer, supervisor or employee of an approved agency shall issue a certificate, and an approved agency shall not transfer or delegate authority to issue certificates to any other entity.
( k ) An approved agency shall implement internal controls sufficient to prevent unauthorized issuance of certificates.
( l ) An approved agency shall ensure the signature affixed to a certificate is that of an officer, supervisor or employee authorized to issue the certificate, in accordance with paragraph (j) of this section, which signature shall be either: ( 1 ) An original signature; or
( 2 ) In a format approved for electronic filing with the court (most typically in the form/s/name of counselor).
( m ) An approved agency shall affix to the certificate the exact name under which the approved agency is incorporated or organized.
( n ) An approved agency shall identify on the certificate: ( 1 ) The specific federal judicial district requested by the client;
( 2 ) Whether counseling services were provided in person, by telephone or via the Internet;
( 3 ) The date and time (including the time zone) on which counseling services were completed by the client; and
( 4 ) The name of the counselor that provided the counseling services.
( o ) An approved agency shall affix the client's full, accurate name to the certificate. If the counseling services are obtained by a client through a duly authorized representative, the certificate also shall set forth the name of the legal representative and legal capacity of that representative.
( p ) If an individual enters into a debt repayment plan after completing credit counseling, upon the client's request after the completion or termination of the debt repayment plan, the approved agency shall: ( 1 ) Provide such additional credit counseling as is necessary at such time to comply with the requirements specified in 11 U.S.C. 109(h) and 111, and this part, including reviewing the client's current financial condition and counseling the client regarding the alternatives to resolve the client's credit problems;
( 2 ) Send a certificate to the client no later than one business day after the client completed such additional counseling; and
( 3 ) Not charge the client any additional fee except any separate fee charged for the issuance of the certificate, in accordance with § 58.20(l)(1).
[78 FR 16153, Mar. 14, 2013]