Change The Notary Insurance Act 1972 (Amendment 16 Of The Nvg 1972)

Original Language Title: Änderung des Notarversicherungsgesetzes 1972 (16. Novelle zum NVG 1972)

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2015_I_16/BGBLA_2015_I_16.html

16 federal law, with the notary insurance law is changed (16th amendment to the 1972 NVG) 1972

The National Council has decided:

The notary Insurance Act 1972, BGBl. No. 66, last amended by Federal Law Gazette I no. 139/2013, is amended as follows:

1. the abbreviation of the short title of the Act is as follows:

"NVG"

2. in article 2, the expression "the NVG 1972" Z 1 is replaced by the expression "this Act".

3. in § 2 No. 3 lit. the term "List of candidates" is replaced by the expression 'Directory of candidate migrants' b.

4. in paragraph 2, the expression "NVG 1972" eliminates each Nos. 4, 5, 7, 12, 17 and 18.

5. in section 2 Z 5 is the expression "Alters(Berufsunfähigkeits)pension" by the expression "(early) Alters(Berufsunfähigkeits)pension" and the expression "sections 47 and 51" by the expression "sections 47, 51 and 51a" replaced.

6 § 2 Z 8 to 11 are:



"8 L e i s t u n g: an ongoing performance and a unique performance by this federal law."

9 L a u f e n d e L e i s t u n g: a pension, a grant under the subject Federal Act and the disability money (paragraph 49).

10 E i n m a l i g e L e i s t u n g e n: check a Witwen(Witwer)pension (article 56), the compensation (section 59) and the funeral costs contribution (§ 60).

"11 pension: disability pension (section 47), the old-age pension (section 51), the early retirement pension (§ 51a), the Witwen(Witwer)pension (§ 54), pension for survivors registered partners (§ 54a), the orphan's pension (article 57) and the pension Haft (§ 25 para. 3)."

7. in paragraph 2, the expression 'in accordance with the NVG 1972"Z 13 and 14 replaced by the expression"under this Federal Act".

8 in the section 13, paragraph 1, the expression is the expression "Finanzamt" ", in the case of a notary partnership (§§ 22 ff.)" (der Notariatsordnung) the last finding communication pursuant to § 188 BAO, "added.

9. in section 14 para 1 Nos. 1 and 2 is for the phrase "Finanzamt" each the bracket expression "(Feststellungsbescheid nach § 188 BAO)" inserted.

10 § 14 para 2 introduction is:

"In the calendar year in which the insurance obligation because of the seizure of a performance ends under this Federal Act, and in that preceding calendar year are for income from self-employment (§ 10 para 1 No. 2) to the recalculation of contributions to reason:"

11. in the section 15 para. 5, first sentence, is the expression "Consideration on the relevant secondary market yield stated by the Austrian National Bank Federal bond" by the expression "consideration on the basic interest rate announced by the Austrian National Bank (article I § 1 para 1 of the 1st euro justice accompanying Act, Federal Law Gazette I no. 125/1998)" replaced.

12 paragraph 20 paragraph 2:

"(2) for the amount of the adjustment factor is the rise of in consumer prices - without prejudice to § 72 ABS. 5 - equal parts, and two-thirds of the income index are relevant to calculate as follows:"



1. the increase in consumer prices is due to the average increase in twelve calendar months to July of the year preceding the year of adjustment, to determine where the 2010 consumer price index or index occurring on his site to be used is. This is the arithmetic mean of the annual inflation rate published by Statistik Austria for the calculation period. The rise of in consumer prices must not fall below zero the value.

2. the income index is the average percentage change in the income from the contributions of the obligatory the last three completed fiscal years compared to the previous years. The contribution rates are different, this calculation for all years with the highest rate of contribution is making. The income index must not fall below zero the value."

13. in § 23 para 1 second sentence is replaced by the expression "from the list of candidate migrants" the expression "from the list of candidates".

14 paragraph 23 para 2:

"(2) the application for a pension, with the exception of a performance from the insured event of the age, only the provided designated periods after in para 1, so it is only with the day of submission of, if it falls on the first day of a month, otherwise with the month following the submission of the. Is a performance from the insured event of the age not of six months after expiry of the Office as a notary or notary public, or deletion from the list of candidate migrants applied for, so she goes only with the date of submission or the desired by the applicant person, not more than six months on previous day if it falls on the first day of a month ", or with the first month following that day."

15 last sentence in section 24 para 1 is replaced by the expression "from the list of candidate migrants" the expression "from the list of candidates".

16 paragraph 25 paragraph 1:

"(1) the claims, except the funeral costs contribution (§ 60), rest, as long as the eligible person or - in the case of a claim for child support - child (§ 57 par. 2) is serving a prison sentence or is suspended in the cases of § 21 para 2, 22 and 23 of the criminal code in one of the mentioned institutions."

17. in section 25 para 2 and 2a is substituted the word "Pensions" with the word "Entitlement".

18 § 25 paragraph 3 first and second sentence read:

"Has is due to an insured person, which entitled is referred to in paragraph 1, domestic a spouse or a registered partner / a registered partner or a spouse, children, so these domestically are held on members, which had entitled to survivor's pension in the event of death of the insured person, a performance at the height of the half dormant performance with the exception of any grants. This performance fees. any children grant that, as she charges to the dormant performance"

19 section 27 is repealed.

20. in article 32, first sentence is replaced by the expression "at the end of the child property according to § 57 par. 2 and 3" the expression "the entitled" by the expression "qualifying person" and the expression "with the age of 18 years".

21. in article 35 paragraph 3, second sentence is the word "pay" by the word "bear" replaced.

22. in the section 35, paragraph 4 is replaced "rounded" by the word "rounded up".

23 first sentence in § 35 par. 5 for the phrase "Witwen(Witwer)schaftsbestätigungen" the expression "or partnership documents" inserted.

24 the following paragraph 6 is added to section 35:

"(6) in the case of violations of the reporting and accountability (section 8) the insurance institution may withhold services until it has complied with the qualifying person of their reporting and accountability."

25 § 37 para 2 is as follows:

"(2) is perceived, that orphan pensions or children grants from the / used by the payment recipient not in favour of the child, so the insurance company with the consent of the guardianship court can order different payment recipient a(n)."

26. in the section 38, paragraph 1, the expression "Reporting rules (§ 6)" is replaced by the expression "Reporting, requests for information or template obligations".

27 § 39 para 1 is as follows:

"(1) a mature performance is still not paid, at the time of death of the beneficiary person are, if nothing else is determined in this federal law, successively the spouse / the spouse or the / registered partner, biological children, choice children, the stepchildren, the parents, the siblings reference entitled, but only if they were dependent or responsible towards the beneficiary person at the time of her death or her have lived all these people at the time of her death in domestic community." Entitled to multiple children or siblings of the deceased person, so they are reference entitled equally."

28. in § 41 para 2 second sentence is replaced by the expression "from the list of candidate migrants" the expression "from the list of candidates".

29 the following paragraph 3 is added to article the 41:

"(3) the request for a performance of the insurance case of age within a period of six months after expiry of the Office as a notary/notary public or deletion from the list of candidate migrants is provided after the age of 65, date for determining whether and to what extent is due to a power, is so the following the day of submission or the desired by the applicant person" ", not more than six months past day if it falls on the first day of a month, otherwise the following that day be."

30. in article 42 paragraph 1 Z 3 is after the expression "BGBl. No. 273/1972," the expression "or a transfer amount according to § 308 ASVG in connection with article 64 of the Federal law" inserted.

31. in § 42 para 2, 3 account Z the second before fifth set.

32. the section 42 the following paragraph 3 is added:


"(3) the retroactive contributions is to apply within six months after the new start of the insurance or the end of holidays against adjustment of the remuneration or the initial entry of compulsory of insurance. The amount of contributions depends on the average contribution basis during the first 12 calendar months after the new start (start) of insurance. The retroactive may be made even after occurrence of the insured event, if this occurred during the run of the deadline for the submission; the insurance case of death occurred within the period the survivors until the expiry of six months after the death of the insured person to apply and are retroactive contributions shall be entitled. The application deadline is extended by periods of time within which the applicant person verifiably was prevented through no fault of their own, to make the request."

33. in § 45 para 2, the expression "in the list of notarial candidates" Z 4 is replaced by the expression "in the list of candidate migrants".

34. No. 1 the following sentence is added to § 48 para 2:

"Times, for the fall in the calculation period a transfer amount according to § 64 of this Federal Act or a capital charge, according to section 13 of the Federal reference Act, Federal Law Gazette I no. 64/1997, or a transfer amount to § 49 h para 3 of the reference law, BGBl. No. 273/1972, or a transfer amount to § 308 has been done ASVG, are to take into account the contribution basis reported by the carrier be transferred such amounts when determining the supplementary pension for these periods."

35. § 48 para 4 is cancelled.

36. in the section 48, paragraph 7, the expression "he the insurance company not registered in due time (section 65) was" is replaced by the expression "from which the insurance institution within six months of its entry gained knowledge".

37. in article 48 paragraph 8, the expression is replaced "1-5" by the expression "para 1 to 6".

38. §, 48 section 10 is repealed.

39. in § 51 para 1 second sentence is replaced by the expression "from the list of candidate migrants" the expression "from the list of candidates".

40. § 51a in the version of Federal Law Gazette I no. 98/2006 is:

"§ 51a. From 1 January 2015 the insured person is entitled to early retirement pension after the age of 65, if her Office is extinguished or if it has been deleted from the list of candidate migrants."

41. § 52a para 3 as amended by Federal Law Gazette I no. 98/2006 is:

"(3) the reduction referred to in paragraph 1 May 24.00%, the reduction shall not exceed 14.40% pension due pursuant to section 48 referred to in paragraph 2; § 48 para 8 shall remain unaffected."

42. § 55 para 6 introduction is:

"The former spouse of the previous Z 1 to 60 vH, referred to in paragraph 1 if".

43. in paragraph 63, after paragraph 2, the following paragraph 2a is inserted:

"(2a) paragraph 1 age of 65 does not apply in the case of leaving an insured person (a notary / a notary public) after, if she already are entitled to early retirement pension at the time of retirement under this Federal Act."

44. in the section 63, paragraph 3, the expression 'Pension insurance of employees' is replaced by the expression 'Pension insurance under the ASVG' Z 5.

45. section be repealed 64 Nos. 2 and 3.

46. in the section 65, subsection 2 of the bracket expression is (article 80, paragraph 1 lit. b) "is replaced by the parenthetical expression (§ 80 para. 1 and 2)."

47. section is repealed 67 paragraph 2.

48. in article 67 par. 5, the last sentence is omitted.

49. § 69 paragraph 1 introduction is:

"A member (Deputy member) of the Board of directors or an auditor / an auditor (a deputy auditor / a Deputy Auditor General) or a former notary, a former notary public as a member of the general meeting is to impeach the:".

50. in article 70, second sentence is eliminated the word "meets".

51. in paragraph 71, the word "Auditor" is replaced by the expression "Auditors and their representatives".

52. in article 72 paragraph 1 first sentence replaced the expression "(§ 141 of the notarial regulations) and ten former notaries' by the expression"(article 141a of the notarial regulations) and ten former notaries/notaries".

53. in the section 72, paragraph 1, second sentence is inserted after the expression "Austrian Chamber of notaries' the expression"or former notaries/notaries elected at the annual general meeting".

54th in the section 72, paragraph 4, the term "President" is replaced by the expression "The Chairperson together with substitute" Z 1.

55. in the section 72, paragraph 4, the expression "from the annual report," is inserted before the expression "from the accounts" Z 4.

56. in paragraph 73, after paragraph 1, the following paragraph 1a is inserted:

"(1a) is the President or one of the three other members temporarily prevents the exercise of the Office, so they are represented by their elected representatives."

57. in paragraph 74, after paragraph 2, the following paragraph 2a is inserted:

"(2a) a billing auditor or an auditor temporarily on the performance of the duties is prevented, so he or she is responsible for the Vicar of selected / elected Deputy."

58. section 75 para 2 first half sentence reads:

"The duly convened Board of Directors is in the presence of the President and at least three other members constitute a quorum;".

59. in the section 77 (4), the last sentence is omitted.

60. in section 78 para 1 Z 1 is inserted ", issued" the expression "whose creditworthiness is considered beyond reasonable doubt exists," according to the expression.

61. in the section 79, paragraph 1, the expression "in consultation with the Federal Minister of finance" is omitted.

62. in § 80 paragraph 2 is after the expression "up to 20% and" the expression "below", if even this measure is not sufficient, inserted.

63. in § 87 par. 2 first sentence is inserted after the expression "in certain cases" the expression "the Finanzamt,".

64. in Section 87a paragraph 1 introduction the expression does not apply "in accordance with the paragraph 2".

65. paragraph 88:

"§ 88. Of service -, besoldungs - and pension-legal conditions of the staff of the insurance institution § 460 is ASVG with the proviso that the amount of the management allowance the executive staff (its / their substitute) of the Board of Directors for the officers to set is."

66. articles 90 and 91 are repealed.

67. in section 94 para 5 first sentence is replaced by the expression 'Request for payment of a transfer price' the expression "Request for transfer amount".

68. in the section 112, paragraph 1, the expression "January 1, 2016" Z 5 is replaced by the expression "January 1, 2015".

69. According to § 120, 121 the following section including headline is attached:

"Final provision to the Federal Act Federal Law Gazette I no. of 16/2015 (16th Amendment)"

121. (1) paragraphs 2 Z 1, 3 lit. b, 4, 5, 7 to 14 and 17 and 18, 13 para of 1, 14 para 1 Z 1 and 2, paragraph of 2, 15 paragraph of 5, 20 para of 2, 23 paragraph 1 and 2, 24 paragraph of 1, 25 para 1 to 3, 32, 35 paragraph 3 to 6, 37 para of 2, 38 par. 1, 39 paragraph 1, 41 (2) and 3 , 42 para 1 No. 3, para 2 No. 3 and paragraph of 3, 45 para 2 Z 4, 48 para 2 Z 1 and para 7 and 8, 51 para 1, 51a, 52a para 3, 55 paragraph of 6, 63 para 2a and para 3 Z 5, 65 paragraph of 2, 67 paragraph of 5, 69 paragraph of 1, 70, 71, 72 para. 1 and 4 Z 1 and 4 , 73 para 1a, 74 paragraph 2a, 75 paragraph of 2, 77 para of 4, 78 para 1 Z 1, 79 paragraph 1, 80 paragraph of 2, 87 par. 2, 87a paragraph 1, 88, 94 para of 5 and 112 par. 1 Z 5 as amended by Federal Law Gazette I no. 16/2015 come with 1 January 2015 in force.

(2) there are override:



1. at the end of 31 December 2014 the §§ 27, 48 para 4 and 10, 67 para. 2 and 90 and 91;

"2. retroactively at the end of December 31, 2004 § 64 Nos. 2 and 3."

Fischer

Faymann