Professional Law Amendment Act 2013 - 2013 Bräg

Original Language Title: Berufsrechts-Änderungsgesetz 2013 – BRÄG 2013

Read the untranslated law here: https://www.global-regulation.com/law/austria/2996267/berufsrechts-nderungsgesetz-2013--brg-2013.html

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159. Federal law, with which the legal order, the notarial regulations, training and Berufsprüfungs credit law, the carrier contract law of construction of, the disciplinary statute for lawyers and trainee lawyer, EIRAG, the fees entitlement Act, the notarial examination law, the lawyer test Act and the expert and interpreter Act be modified (professional law amendment Act 2013 - BRÄG 2013)

The National Council has decided:

Table of contents article 1 amendment of the legal procedure article 2 amendment of the notarial procedure article 3 change of training and Berufsprüfungs credit law article 4 change of building carrier contract law article 5 modification of the disciplinary statute for lawyers and trainee lawyer article 6 change of EIRAG article 7 modification of the fees entitlement Act article 8 amending the notarial examination Act article 9 change of the bar examination law article 10 change the expert and interpreter Act article 1

Amendment of the legal procedure

The lawyer right, RGBl. No. 96/1868, last amended by Federal Law Gazette I no. 54/2012, is amended as follows:

1. in article 2, paragraph 1, the phrase "Sworn auditors and tax consultants" by the phrase replaced "Chartered accountant or tax adviser".

2. in article 9, paragraph 2 the following sentence is added:

"The same applies to the shareholders and the members of the supervisory bodies provided by law or social contract a lawyer society."

3. According to § 16 para 4 fifth set is inserted the following sentence:

"In the context of determining the reasonable compensation, the achievements recorded by the lawyer in his application according to the temporal sequence of their provision are to consider and assess."

4. in article 21a, para 4 first sentence is added the phrase "or a lawyer partnership, whose only Komplementär is a company with limited liability," after the word "Liability".

5. in article 21 c Z 1 become the point at the end of the lit. (e) is replaced by a comma and after this following lit. f added: "f) limited liability companies, if they are only complementary of a lawyer partnership in the form of a partnership."

6 § 21c no. 2 first sentence reads:

"Except lawyers of society just as personally liable partners or companies with limited liability as a partner authorized for representation and management may belong to the case a lawyer partnership, whose only Komplementär is a limited liability company."

7. in section 21c Z 8 first sentence are the point through a semicolon replaced and added the following phrase:

"The participation of a lawyer as a limited partner of a rechtsanwalts-Partnerschaft, whose only Komplementär is a company with limited liability, as well as as a shareholder of the relevant complementary company with limited liability does not preclude the."

8. in section 21c Z 8 last sentence be the point through a semicolon replaced and added the following phrase:

"The participation of a general partner limited liability company (Z 11) as sole general partner of a lawyer partnership in the form of a limited partnership does not preclude the."

9. after section 21c Z 10 is attached following Z 11: "11.
Is a company with limited liability of only personally liable partner of a lawyer partnership (General Partner limited liability company), so the provisions for the Attorney at law society in the form of a limited liability company that the business object of the complementary company with limited liability limited to the performance of duties as a partner of the partnership and the management of the assets of the company including the necessary auxiliary services must be mutatis mutandis with the proviso that apply to them and the complementary company not to the independent practice of law is authorized. Managing Director of the General Partner limited liability company may be only lawyers that are also limited partners of the partnership."

10. in Article 24a, paragraph 1, second sentence is replaced the word "two" by the word "three".

11. in section 26 para 2 first sentence is the quote "section 28 para 1 lit. b, d, f, g, h and i"by the quote"section 28 para 1 lit. b, d, f, g, h, i and m"replaced.

12. in section 34, para 6 first and second set is replaced the quote "section 30 para 5" by the quote "section 30, paragraph 1".

13 according to the § 36 para 4, the following paragraph 5 is added:

"(5) the lawyer Chambers have to provide the data identified by them in relation to their legal scope of legitimate and processed the Austrian Rechtsanwaltskammertag, as far as the Austrian Rechtsanwaltskammertag required them to the tasks assigned to him by law or transferred according to paragraph 3 to the perception. Once the data is no longer needed to perform one of these tasks, the Austrian Rechtsanwaltskammertag to delete or destroy she has."

14. in article 39, paragraph 1, no. 2 "to elect" replaced with the phrase "chosen and remain members of the Committee" is the phrase.

15 in § 50 para 2 subpara 2 lit. a first half record is the phrase "according to their lower contribution (section 53 para 2 first sentence)" by the phrase "(§ 53 Abs. 2 erster Satz) and lawyers, which pay lower contributions Z 5 taken control temporarily due to a in the articles of association according to § 53 para 2, according to which lower contributions" replaced.

16. in § 50 para. 2 No. 2 lit. a second half-sentence is replaced by the phrase "up to four years before reaching retirement age applicable to the person concerned" the phrase "after completion of the 61st year of life".

17. in section 53 para 2 No. 4 are the point replaced with a semi-colon and following Z 5 added: "5. lawyers in the case of a submission to pay only the applicable associate post have within one year after the birth of their child or the adoption of a child to child, rather than for a period of not more than twelve calendar months."

Article 2

Amendment of the notarial procedure

The notary's right, RGBl. No. 75/1871, last amended by Federal Law Gazette I no. 104/2011, is amended as follows:

1. in article 11, para. 3, Z 2 inserted after the phrase "notary vacancy" the phrase "or current knowledge of law firm management".

2. the following records are attached § 87 par. 2:

"This signing is omitted so the notary has to lead the it determinants in the log. On the effectiveness of the certification, the absence of this signing has no effect."

3. in the section heading of section 89a, the phrase "Books and such registers" by the phrase replaced "Books, registers and databases".

4. in section 89a, paragraph 1 the phrase "Books or such registries" by the phrase "Books, registers or data banks" is replaced each in the Nos. 1 and 2.

5. in article 89a, par. 2 and 3, the phrase is replaced "Book or public register" by the phrase "Book, the public register or the public database".

6. in article 103, paragraph 1 is inserted after the phrase "Copies," the twist "Certifications,".

7 paragraph 121 paragraph 1:

"Article 121 (1) has the appointment of a notary proposed to the permanent substitutes or candidates, which meets all the requirements for obtaining a notary office, without time limit to be."

8 paragraph 127 section 2:

"(2) a member who fails without sufficient excuse, guilty of a breach of level and is by the Chamber of notaries with a in article 158 para 5 to impose appropriate regulatory penalties, whereby in the case of the fine of § 158 5 Z 3 exceed the fine associated with the written complaint to a maximum of 500 euros."

9 § 140b paragraph 1 Z 4 is repealed.

10 § 140f is repealed.

11 § 146 paragraph 1 first sentence reads:

"After the expiration of the Office (§ 19 para 1) or the transfer of a notary (transferor) the notarial deeds held by him, business registers, directories, diaries, are to take over the spot books as well as the held private wills and other inheritance-related documents pass through the notary substitutes and then the successor and to be kept (transferee);" Private wills and other inheritance-related documents this only applies, if not a different agreement stands."

12 § 146 paragraph 2 first sentence reads:

"The contractor (para. 1) is for safekeeping, issuing of copies, attestations and transcripts, information and the granting of inspection required; Article 103, paragraph 1 shall apply mutatis mutandis."

13. According to article 146, paragraph 2, the following paragraph 3 is added:


"(3) the transferee to comply its obligations according to paragraphs 1 and 2 do not or not timely (§ 103 para 1) after, so the Chamber of notaries with decision can apply him, to catch up on outstanding actions within a period to be set at the same time." The contractor does not comply with this order, so the Chamber of Notaries can be applied other notaries the carrying out of such acts. The contractor has to provide access to the necessary documents, business registers and directories immediately. this"

14. in article 160, paragraph 1 Z 1, the word sequence "of six months' is replaced by the phrase"one year".

15. in article 160, paragraph 1, the point at the end of the No. 2 by a comma replaced, inserted the word "or" after this and following Z 3 added: "3. within ten years after the end of the pflichtwidrigen behavior a condemner of Chamber of notaries or one disciplinary decision of the disciplinary court decision is have been cut."

16. According to section 160, paragraph 4 the following paragraph 5 is added:

"(5) the running of the period mentioned in paragraph 1 is inhibited for the period between the expiry of the Office as a notary or the deletion from the list of candidates and a later appointment of the person concerned to the notary or the renewed registration in the list of notarial candidates."

17. According to article 165, paragraph 2, the following paragraph 2a is inserted:

"(2a) communication to the public of the progress and the results of the surveys, the hearing and the decisions in order criminal matters as well as the contents of disciplinary files is prohibited. The notary, to which the process has taken must report but as far as whose output, when he injured it not his professional secrecy."

18. in article 165, para. 3, the quote "sections 132 to 136" by the quote will be replaced "articles 132, 133, 134 to 136".

19. in article 171, paragraph 2, first sentence is replaced the word "three" with the word "five".

20. in article 173, paragraph 1 second sentence replaces the phrase "Has that vote," "Two notary judges belong to the disciplinary court, so right in the vote" the twist."

Article 3

Change of training and Berufsprüfungs credit law

The training and Berufsprüfungs credit law, BGBl. No. 523/1987, amended by Federal Law Gazette I no. 141/2009, is amended as follows:

1. in article 2, receives the previous contents of the paragraph designation (1) and the following paragraph 2 is added:

"(2) of the submission are to put the Austrian Rechtsanwaltskammertag and the Austrian Chamber of notaries in knowledge. Liberty it, presented documents, as well as the results of surveys that are plowed by the Chairman of the training Committee related to inspect the request and that with this and to stimulate any supplements."

2. in article 5, par. 4 Z 1 is inserted after the phrase "the Italian Republic," the phrase "the Republic of Croatia,".

The following final sentence be added 3. § 5, section 4:

"The graduate completed his law studies, that no study of the Austrian law is RAO, § 6a No. and paragraph 2a of the RStDG according to § 3, at an Austrian University, so the training Committee of the Oberlandesgericht is responsible, in whose jurisdiction is located the concerned University."

4. § 12 subpara 1 lit. a shall be repealed.

5. in article 12, no. 4 lit. c is the bracket expression "(§ 20 Abs. 2 Z 4 NPG)" by the parenthetical expression "(§ 20 Abs. 1 Z 7 NPG)" replaced.

Article 4

Change of building carrier contract law

The carrier Contracts Act of construction of, Federal Law Gazette I no. 7/1997, amended by Federal Law Gazette I no. 58/2010, is amended as follows:

1. in article 12, paragraph 2, of the parenthetical expression (a lawyer partnership) is replaced by the parenthetical expression (a Lawyers Association).

2. § 18 the following paragraph is added:

"(8) § 12 in the version of Federal Law Gazette I is no. 159/2013 September 1, 2013 in force."

Article 5

Modification of the disciplinary statute for lawyers and trainee lawyer

The disciplinary statute for lawyers and trainee lawyer (DSt), Federal Law Gazette No. 474/1990, amended by Federal Law Gazette I no. 141/2009, is amended as follows:

1. § 7 para 1 first sentence reads:

"In the General Assembly President, the Chamber advocate and his Deputy by all Board members, 1 2 the other members of the Disciplinary Committee from the District of lawyers by the lawyers registered in the list, and 3. the members of the Disciplinary Committee from the District of the candidate attorneys at law by the lawyer candidates entered on the list selects (§ 24 RAO), where the term of Office of four years functions referred to in Nos. 1 and 2" "that is when the function referred to in no. 3 two years."

2. § 15 para 1 third sentence reads:

"They have to join in the negotiations and decisions of the Senate only on the condition that a trainee lawyer is accused, with the Senate member according to a scheme in place in advance to be taken in the allocation of business (para. 2) is one of the members from the Group of lawyers; in this composition the Senate has to negotiate and decide if that together run pending disciplinary proceedings against a lawyer and an associate for involvement in the same disciplinary."

3. in article 19, para. 3 subpara 1 lit. b and Z is 2 inserted after the word "Courts"each turn", public prosecutor's offices".

4. According to article 27, paragraph 1 first sentence shall be inserted the following sentence:

"With the order of the investigation Commissioner the President can order, which together operate pending disciplinary proceedings against a lawyer and an associate for the participation in the same disciplinary."

5. According to § 28 para 2 first sentence, the following sentence is inserted:

"Introduction by decision the competent Senate may order also, which together operate pending disciplinary proceedings against a lawyer and an associate for the participation in the same disciplinary."

6 paragraph 70 paragraph 2:

"(2) in cases of withdrawal of the representation right in front of certain or all courts, public prosecutor's offices or administrative authorities and the deprivation of the right, a lawyer from certain or all courts, responsible for prosecuting or administrative authorities, the relevant courts are, to prosecutors or administrative authorities, where necessary, to communicate."

Article 6

Change of EIRAG

The Federal law on the free movement of services and the establishment of European lawyers and lawyers, as well as the provision of legal services by international lawyers and attorneys at law in Austria, BGBl. I no. 27/2000, as last amended by Federal Law Gazette I no. 68/2008 is amended as follows:

1. paragraph 6:

„§ 6. For deliveries to in § 5 para 1 first sentence can be applied service providers European lawyers, who have no place of delivery in the country, stated procedure, within a to be determined at the same time, at least two week period from notification of the order for this procedure to make known a representative ad litem. A service proxy may not effectively be granted while a person who has no place of delivery at home. No delivery agent was made under, understanding lawyer shall be deemed delivery agent."

2. in section 26 para 2 Z 2 is after the phrase "of the Italian Republic", the phrase "from the Republic of Croatia," added.

3. in the annex to section 1 is after the turn "-in Italy: avvocato" the twist "-in Croatia: Odvjetnik/Odvjetnica" inserted.

Article 7

Amendment of the fees entitlement Act

The charges claim Act, Federal Law Gazette No. 136/1975, amended by Federal Law Gazette I no. 111/2010, is amended as follows:

1. in article 40, paragraph 1, no. 3 lit. the amount of "200 euros", c is replaced by the amount of "300 euros".

2. in article 52, paragraph 2, the amount of "200 euros" is replaced by the amount of "300 Euro".

Article 8

Amendment of the notarial examination Act

The notary examination law, BGBl. No. 522/1987, amended by Federal Law Gazette I no. 111/2007, is amended as follows:

1. § 12 para 1 second sentence reads:

"The tasks for the written examination the first and second part are to select test Senate District of notaries from members."

2. § 13 para 1 No. 2 is: "2. an appeal to hand of a Court Act of the Austrian book rights."

3. According to section 13, paragraph 2, the following paragraph 3 is added:

"(3) instead of in para 2 Z 2 said task can also be made the examination applicants, to work out an appeal to hand of a Court Act from the Austrian company book law."

4. § 20 para 1 No. 4 is: "4. representation before the Austrian courts in civil proceedings and defense in criminal matters before the Austrian district courts including case solution,"


5. in article 20, paragraph 1 Z 5 is the word 'and' replaced by a comma.

6. in article 20, paragraph 1, replaced the point at the end of the No. 6 by a comma and appended to this following Nos. 7 and 8: "7 case solution within the framework of the legal advice and representation before administrative authorities including representation before the Austrian courts of public law and 8 case solution within the framework of legal advice and the construction of instruments in the area of the Austrian securities law ", in particular of bills of Exchange and cheque law."

7 § 20 para 2 No. 4 is: "4. legal advice in the area of the Austrian insolvency law with the exception of the special provisions applicable to natural persons," article 9

Change of the bar examination law

The lawyer exam law, BGBl. No. 556/1985, amended by Federal Law Gazette I no. 111/2010, is amended as follows:

1. in paragraph 4, first sentence is replaced the word "five" with the word "four".

2. in article 12, paragraph 2, the quote is "§ 20 Z 4-10" by the quote "section 20 Z 5 to 10" replaced.

Article 10

Change of the experts and interpreters Act

The experts and interpreters Act, Federal Law Gazette No. 137/1975, as last amended by Federal Law Gazette I no. 30/2009 is amended as follows:

1. in section 3a, paragraph 2, the word "Date" is replaced by the word "Year".

2. in section 4, paragraph 2, first sentence, are the point by a comma replaced and after this half sentence added:

"where are all existing written evidence already to join the request."

3. According to § 4 para 2 first sentence is inserted the following sentence:

"The application and the documents to be included in are, where they come from the applicant, to submit in the German language; other, not in German language documents shall be provided with a certified translation."

4 the following sentence is added to § 4 par. 2:

"In the framework of the examination of the existence of the prerequisites according to § 2 para 2 No. 1 lit. "the decisive President and the Commission have a and b (§ 4 a) to take into account all of the applicant's qualifications acquired in other countries."

5. After Section 16e, 16f the following section shall be inserted:

"section 16f. First and second sentences as amended by Federal Law Gazette I no. 159/2013 apply the sections 3a and 4 para 2 with 1 September 2013. § 4 par. 2 first and second sentences as amended by Federal Law Gazette I is no. 159/2013 to apply to requests placed after August 31, 2013."

Article 11

Entry into force, transitional provisions, enforcement and personal expressions

§ 1. The following unless else is arranged, which enter into force of articles 1 to 3 and 5 to 9 of this Federal Act with September 1, 2013.

§ 2 article 5 par. 4 Z 1 ABAG (art. 3) enters into force with expiration of the day of the announcement of this Federal Act.

§ 3 section 26 EIRAG and the adaptation of the annex to section 1 EIRAG (art. 6) apply with 1 July 2013.

§ 4 section 2 para 1 is RAO (art. 1) practice hours with an accountant or tax advisor to apply, which have been put back to August 31, 2013.

§ 5 No. (art. 2) article 121, paragraph 1 is to apply to orders which take place after August 31, 2013.

§ 6 section 127 subsection 2, section 160, paragraph 1 Nos. 1 and 3 and § 160 section 5 are NO (art. 2) to apply preferential behaviour used to 31 August 2013.

§ 7 section 171, paragraph 2, first sentence, is NO (art. 2) apply if the election referred to therein; conducted after 31 August 2013 the term of Office of the bodies elected before the entry into force of this federal law shall remain unaffected.

§ 8 section 12 ABAG (art. 3), sections 12, apply 13 and 20 NPG (art. 8) as well as section 12 RAPG (art. 9), if the application for admission to the examination or the first exam of part of is applied after 31 August 2013 at the Audit Commission. The time of the initial application in that regard depends in case of repetition of the exam.

§ 9 § § 15, 27 and 28 DSt (art. 5) are to apply in disciplinary, committed after August 31, 2013.

§ 10 § 4 RAPG (art. 9) is to apply if the election referred to therein; conducted after 31 August 2013 the term of Office of the bodies elected before the entry into force of this federal law shall remain unaffected.

§ 11. The Federal Minister of Justice is entrusted with the execution of this Federal Act.

§ 12. The personal expressions used in this Act affect, if this content is considered, women and men alike.

Fischer

Faymann