Professional Law Amendment Act 2013 - 2013 Bräg

Original Language Title: Berufsrechts-Änderungsgesetz 2013 – BRÄG 2013

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159. Federal Law, with which the Code of Lawyers, the Notarial Order, the Training and Appeal Examination Act, the Building Contract Law, the Disciplinary Statute for Lawyers and Lawyers, the EIRAG, the The law on fees, the law on the law of law, the law on lawyers ' law and the law on experts and interpreters are amended (Law of Amendment Act 2013-BRÄG 2013)

The National Council has decided:

table of contents

Article 1

Amendment of the Rules of Lawyers

Article 2

Amendment of the Code of Notarial Code

Article 3

Amendment of the Training and Appeals Audit Act

Article 4

Amendment of the Construction Contract Law

Article 5

Amendment of the Disciplinary Statute for Lawyers and Lawyers

Article 6

Amendment of EIRAG

Article 7

Amendment of the Fees Act

Article 8

Amendment of the Notarial Audit Act

Article 9

Amendment of the Law on Lawyers

Article 10

Amendment of the Law on Experts and Interpreters

Article 1

Amendment of the Rules of Lawyers

The law of law, RGBl. No. 96/1868, as last amended by the Federal Law BGBl. I No 54/2012 , shall be amended as follows:

1. In Section 2 (1), the phrase "Certified Public Accountants and Tax Advisors" through the phrase "Auditor or Tax Consultant" replaced.

2. In Article 9 (2), the following sentence is added:

"The same shall apply to the shareholders and to the members of the supervisory bodies of a lawyer ' s company provided for by law or social contract."

3. In accordance with § 16 (4) fifth sentence, the following sentence shall be inserted:

"In the context of the determination of the appropriate remuneration, the benefits recorded by the lawyer in his application shall be taken into account and assessed in accordance with the chronological sequence of their provision."

4. In § 21a (4), first sentence, after the word "Liability" the twist "or a partnership of lawyers whose only one is a limited liability company," inserted.

5. In § 21c Z 1, the point at the end of the lit. e is replaced by a dash and after this one is lit. f is added:

" f)

Companies with limited liability, if they are the only complementary one of a lawyer's partnership in the form of a limited partnership. "

6. § 21c Z 2 first sentence reads:

" Except the case of a The Rechtsanwalts-partnership, the only one of which is complementary to a limited liability company, may only be considered as a person liable for personal liability in the case of a company or in companies with limited liability as a representative of the company. and management are members of the management board. "

7. In § 21c Z 8, first sentence, the point shall be replaced by a stroke point and the following half-sentence shall be added:

" This is the participation of a lawyer, both as a partner in a legal partnership, the only one of which is complementary to a limited liability company, and also as a shareholder of the complementary society concerned. with limited liability. "

8. In § 21c Z 8 last sentence, the point shall be replaced by a stroke point and the following half-sentence shall be added:

"This does not preclude the participation of a complementary society with limited liability (Z 11) as the only complementary one of a partnership of lawyers in the form of a limited partnership."

9. In accordance with § 21c Z 10, the following Z 11 is added:

" 11.

If a company with limited liability is the sole personally liable partner of a partnership (Complementary-Gesellschaft mit beschränkter Haftung), the provisions applicable to the attorney-at-law shall apply to such a partnership in the Form of a limited liability company with the proviso that the business object of the complementary company with limited liability on the performance of the duties as a shareholder of the Kommanditgesellschaft and the Management of the company's assets, including , and the complementary society is not authorised to exercise the legal profession in a self-employed capacity. Directors of the Complementary Society with limited liability may only be lawyers, who are also the co-ditists of the Kommanditgesellschaft. "

10. In § 24a para. 1, second sentence, the word "two" by the word "Three" replaced.

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

12. In § 34 para. 6 first and second sentence, the citation shall be "§ 30 (5)" by quoting "§ 30 (1)" replaced.

13. According to Article 36 (4), the following paragraph 5 is added:

" (5) The Bar Chambers have to make available to the Austrian Bar Association the data which they have lawfully determined and processed within the scope of their legal scope, provided that the Austrian Bar Association (Austrian) The Chamber of Lawyers requires them to perform the tasks assigned to him by law or in accordance with paragraph 3 for the performance of his duties. As soon as the transmitted data is no longer needed to fulfil one of these tasks, it has to delete or destroy the Austrian Bar Association Day. "

14. In Section 39 (1) (2), the word order shall be "to select" through the phrase "elected and continue to be members of the Committee" replaced.

15. In § 50 sec. 2 Z 2 lit. a first half-sentence will be the turn "corresponding to their lower contribution performance (§ 53 (2) first sentence)" through the turn "(§ 53 (2) first sentence) and lawyers who, on the basis of a regulation made in the statutes pursuant to Article 53 (2) (2) (5), pay temporarily lower contributions, in accordance with their lower contribution rate" replaced .

16. In § 50 sec. 2 Z 2 lit. a second half-sentence will be the phrase " after completion of the 61. Life Year " through the phrase "up to four years before reaching the relevant retirement age for the person concerned" replaced.

17. In § 53 (2) (4), the point shall be replaced by a stroke point and the following Z 5 shall be added:

" 5.

Lawyers in the event of an application within one year from the birth of their child or the adoption of a child to a child Instead of a period of not more than twelve calendar months, only the contribution relevant to the applicant's legal profession to be paid. "

Article 2

Amendment of the Code of Notarial Code

The Notarial Order, RGBl. No 75/1871, as last amended by the Federal Law BGBl. I No 104/2011 , shall be amended as follows:

1. In Section 11 (3) Z 2, after the phrase "Advertised Notary" the phrase "or current knowledge of the law management" inserted.

(2) The following sentences are added to § 87 (2):

" In the case of such underproduction, the notary shall have the relevant reasons in the minutes. The lack of this underproduction has no influence on the effectiveness of the assessment. "

3. The wording of Section 89a of the Section shall be followed by the word order "Books and such registers" through the turn "Books, Registers and Databases" replaced.

4. In Section 89a (1), the word order shall be given in the case of Z 1 and 2 "Books or such registers" through the turn "Books, Registers or Databases" replaced.

5. In § 89a (2) and (3), the word order shall be "Book or public register" through the turn "Book, the public register or the public database" replaced.

6. In § 103 (1), after the turn of the "Copies," the twist "Beurkundungen," inserted.

Section 121 (1) reads as follows:

" § 121. (1) The appointment of a notary or notarial candidate proposed for the permanent substitutes, which fulfils all requirements for obtaining a notary, shall be ordered without time limit. "

8. § 127 (2) reads:

" (2) A member who does not do so without an adequate excuse is guilty of a personal liability violation and must be held by the notarial chamber with one of the administrative penalties provided for in § 158 (5), and in the case of the administrative penalty of the § 158 (5) (3) the fine, which is linked to the written complaint, may not exceed 500 euros. "

9. § 140b para. 1 Z 4 is repealed.

10. § 140f is repealed.

11. § 146 (1) first sentence reads:

" After the office has been extinguissed (Section 19 (1)) or the transfer of a notary (transfer), the notarial documents, business registers, directories, diaries, cashiers and the custody of the private and other people who have been held by him or her are not required. First of all, to take over and to retain, in the case of private testaments and other certificates relating to the law, only if that is not the case, it shall be the case that the original documents are to be taken over by the substitutes and subsequently by the successor to the law (the person concerned). Contrary to the terms of the agreement. "

12. § 146 (2) first sentence reads:

" The Contractor (para. 1) is obligated to maintain, issue and obtain copies, documents and transcripts, to provide information and to grant access; § 103 (1) applies mutagenly. "

13. In accordance with § 146 (2), the following paragraph 3 is added:

" (3) If the contractor does not comply with his obligations pursuant to paragraphs 1 and 2 or does not comply in good time (§ 103 (1)), the notarial chamber can inform him of the acts of a permanent act within a time limit to be set at the same time. . If the contractor does not comply with this order, the Notarial Chamber may apply to another notary the acceptance of these acts. The user shall immediately have access to the required documents, business registers and directories. "

14. In § 160 (1) (1) (1), the phrase "of six months" through the phrase "one year" replaced.

15. In § 160 (1), the point at the end of the Z 2 shall be replaced by a supplement, after which the word shall be replaced by a "or" and the following Z 3 shall be added:

" 3.

within ten years following the termination of the non-compulsory conduct, a convicted decision of the notarial chamber or a disciplinary understanding of the disciplinary court has been made. "

16. In accordance with Section 160 (4), the following paragraph 5 is added:

" (5) The period referred to in paragraph 1 shall also be extended for the period between the expiry of the Office as a notary or the deletion from the list of nominees and a subsequent appointment of the person concerned to the notary or his/her renewed registration in the list of notarial candidates. "

17. According to Article 165 (2), the following paragraph 2a is inserted:

" (2a) Communications to the public on the conduct and outcome of the surveys, oral proceedings and decisions in the field of order and on the content of the disciplinary files shall be prohibited. However, the notary referred to in the proceedings may report on the outcome of the proceedings in so far as he does not infringe his professional secrecy. "

18. In Section 165 (3), the quote shall be "§ § 132 to 136" by quoting "§ § 132, 133, 134 to 136" replaced.

19. In § 171 (2), first sentence, the word "Three" by the word "five" replaced.

20. In § 173 (1), second sentence, the turn "At the vote, right" through the turn "Two notarial judges are members of the Disciplinary Court, the vote shall be the same as the vote" replaced. "

Article 3

Amendment of the Training and Appeals Audit Act

The Training and Appeal Examination Act, BGBl. No 523/1987, as last amended by the Federal Law BGBl. I No 141/2009 , shall be amended as follows:

1. In § 2, the previous content shall be given the sales designation "(1)" and shall be added to the following paragraph 2:

" (2) The Austrian Bar Association and the Austrian Notarial Chamber are to be informed of the application. They are free to inspect the application and the documents submitted with it, as well as the results of the surveys carried out by the Training Board of the Training Commission in the context of this request, and to encourage any additions to be made. "

2. In § 5 (4) (1) (1), after the turn of the "the Italian Republic," the twist "the Republic of Croatia," inserted.

3. The following final sentence shall be added to Article 5 (4):

" If the graduate has completed his legal studies, which is not a study of Austrian law in accordance with § 3 RAO, § 6a NO and § 2a RStDG, at an Austrian university, then the training examination commission of the Upper Regional Court in whose sprint is the university in question. "

4. § 12 Z 1 lit. a is lifted.

5. In § 12 Z 4 lit. c will be the clip expression "(§ 20 para. 2 Z 4 NPG)" by the parenthesis expression "(§ 20 para. 1 Z 7 NPG)" replaced.

Article 4

Amendment of the Construction Contract Law

The Construction Contract Law, BGBl. I n ° 7/1997, as last amended by the Federal Law BGBl. I n ° 58/2010, is amended as follows:

1. In Section 12 (2), the parenthesis shall be "(a lawyer's partnership)" by the parenthesis expression "(a Lawyer Society)" replaced.

(2) The following paragraph shall be added to § 18:

" (8) § 12 in the version of the Federal Law BGBl. I n ° 159/2013 will enter into force on 1 September 2013. "

Article 5

Amendment of the Disciplinary Statute for Lawyers and Lawyers

The Disciplinary Statute for Lawyers and Lawyers (DSt), BGBl. No 474/1990, as last amended by the Federal Law BGBl. I No 141/2009 , shall be amended as follows:

1. § 7 (1) first sentence reads:

" In the General Assembly

1.

the President, the Chamber's attorney and his deputy by all the members of the Chamber,

2.

the other members of the Disciplinary Board from the lawyers ' circle by means of the lawyers registered in the list; and

3.

the members of the Disciplinary Board from the district of the Bar of Lawyers by the Attorney-in-Law

(§ 24 RAO), the term of office of the functions specified in Z 1 and 2 being four years, in the case of the function referred to in Z 3, two years. "

2. § 15 para. 1 third sentence reads:

" These have to participate in the negotiations and decisions of the Senate only on the condition that a lawyer is accused of being accused, with the relevant Senate member corresponding to one in advance in the business distribution (paragraph 1). 2) to enter the place of one of the members from the circle of lawyers; in this composition the Senate also has to negotiate and decide if the one against a lawyer and a lawyer's candidate shall be jointly conducted with a view to participation in the same disciplinary procedure. '

3. § 19 para. 3 Z 1 lit. b and Z 2 shall be after the word "Courts" in each case the turn ", Public Prosecutors" inserted.

4. In accordance with § 27 (1), first sentence, the following sentence shall be inserted:

"With the appointment of the investigative commissioner, the President may order that the disciplinary proceedings pending against a lawyer and a lawyer's candidate for participation in the same disciplinary procedure be jointly conducted."

5. In accordance with § 28 (2), first sentence, the following sentence shall be inserted:

"With the introduction decision, the relevant Senate may also order that the disciplinary proceedings pending against a lawyer and a lawyer's candidate for participation in the same disciplinary procedure are jointly conducted."

Section 70 (2) reads as follows:

" (2) In the cases of the withdrawal of the right of representation before certain or all courts, public prosecutors or administrative authorities and the withdrawal of the right, a lawyer before certain or all courts, prosecutors or Administrative authorities shall be notified to the courts, public prosecutors or administrative authorities concerned as far as is necessary. "

Article 6

Amendment of EIRAG

The Federal Act on the free movement of services and the establishment of European lawyers as well as the provision of legal services by internationally active lawyers in Austria, BGBl. I n ° 27/2000, as last amended by the Federal Law BGBl. I No 68/2008 , shall be amended as follows:

1. § 6 reads:

" § 6. For deliveries in the proceedings referred to in the first sentence of Article 5 (1) of the first sentence, European lawyers who do not have a place of delivery in the domestic territory may be applied within a period of at least one of the following: Fourteen-day time-limit from the date of service of the contract for this procedure to make a contract representative of the contract. A person who does not have a place of delivery domestily can not be given an effective delivery authority. If no appointing agent has been made reputable, the attorney-in-law shall be deemed to be an agent of delivery. "

2. In § 26 paragraph 2 Z 2 becomes after the turn "from the Italian Republic," the twist "from the Republic of Croatia," inserted.

3. In the Appendix to § 1, after the turn "-in Italy: Avvocato" the twist "-in Croatia: Odvjetnik/Odvjetnica" inserted.

Article 7

Amendment of the Fees Act

The Fees Act, BGBl. No. 136/1975, as last amended by the Federal Law BGBl. I No 111/2010 , shall be amended as follows:

1. In § 40 paragraph 1 Z 3 lit. c shall be the amount of "200 Euro" by the amount of "300 Euro" replaced.

2. In § 52 (2), the amount of "200 Euro" by the amount of "300 Euro" replaced.

Article 8

Amendment of the Notarial Audit Act

The Notarial Examination Act, BGBl. No 522/1987, as last amended by the Federal Law BGBl. I No 111/2007 , shall be amended as follows:

1. § 12 para. 1 second sentence reads:

"The tasks for the written examination of the first and second partial examinations shall be selected by the members of the examination senate from the circle of notaries."

2. § 13 (1) Z 2 reads:

" 2.

a legal notice on the basis of a court file from the Austrian basic right of law. "

3. In accordance with Section 13 (2), the following paragraph 3 is added:

"(3) Instead of the task set out in paragraph 2 (2), the examiner may also be asked to draw up a legal notice in the hands of a court file from the Austrian company's accounting law."

4. § 20 sec. 1 Z 4 reads:

" 4.

Representation before Austrian courts in civil court proceedings and defence in criminal matters before Austrian district courts including case solution, "

5. In § 20 (1) Z 5, the word "and" is replaced by a dash.

6. In § 20 (1), the point at the end of Z 6 shall be replaced by a paint and after that the following Z 7 and 8 shall be added:

" 7.

Case solution in the context of legal advice and representation before Austrian administrative authorities, including representation before the Austrian courts of public law and

8.

Case solution in the context of legal advice and the setting up of documents in the area of Austrian securities law, in particular the exchange and cheque law. "

Section 20 (2) Z 4 reads as follows:

" 4.

Legal advice in the field of Austrian insolvency law, with the exception of the special provisions for natural persons, "

Article 9

Amendment of the Law on Lawyers

The Law of Lawyers, BGBl. N ° 556/1985, as last amended by the Federal Law BGBl. I No 111/2010 , shall be amended as follows:

1. In § 4, first sentence, the word shall be: "five" by the word "four" replaced.

2. In § 12 para. 2, the quote shall be "§ 20 Z 4 to 10" by quoting "§ 20 Z 5 to 10" replaced.

Article 10

Amendment of the Law on Experts and Interpreters

The Law of Experts and Interpreters, BGBl. No. 137/1975, as last amended by the Federal Law BGBl. I No 30/2009 , shall be amended as follows:

1. In Section 3a (2), the word shall be: "Date" by the word "Year" replaced.

(2) In § 4 (2), first sentence, the point shall be replaced by a supplement and shall be added in accordance with the following half-sentence:

"where all existing written evidence is already to be attached to the application."

3. According to § 4 (2), first sentence, the following sentence shall be inserted:

"The application and the documents to be annexed shall be submitted in the German language to the extent that they originate from the applicant; other documents not written in German language shall be submitted with a certified translation."

4. The following sentence is added to Article 4 (2):

" Within the framework of the examination of the condition of the prerequisites according to § 2 paragraph 2 Z 1 lit. (a) and (b) the decisive President and the Commission (§ 4a) shall also take due account of all the qualifications of the applicant acquired in other States. "

5. According to § 16e, the following § 16f is inserted:

" § 16f. § § 3a and 4 (2) first and second sentences in the version of the Federal Law BGBl. I N ° 159/2013 will enter into force on 1 September 2013. § 4 para. 2 first and second sentence in the version of the Federal Law BGBl. I No 159/2013 shall apply to applications submitted after 31 August 2013. '

Article 11

Entry into force, transitional provisions, enforcement and personal expressions

§ 1. Unless otherwise stated in the following, Articles 1 to 3 and 5 to 9 of this Federal Law shall enter into force on 1 September 2013.

§ 2. § 5 (4) Z 1 ABAG (Art. 3) shall enter into force at the end of the day of the customer's presentation of this Federal Act.

§ 3. § 26 EIRAG and the adaptation of the Appendix to § 1 EIRAG (Art. 6) will enter into force on 1 July 2013.

§ 4. § 2 para. 1 RAO (Art. 1) is to be applied during practice periods with an auditor or tax advisor who has been completed after 31 August 2013.

§ 5. Section 121 (1) NO (Art. 2) shall apply to orders made after 31 August 2013.

§ 6. § 127 (2), § 160 (1) (1) (1) and (3) and § 160 (5) NO (Art. 2) are to be applied to anti-caring practices, which are set after 31 August 2013.

§ 7. Section 171 (2), first sentence, NO (Art. 2) shall apply if the elections provided for in it are carried out after 31 August 2013; the term of office of the institutions elected before the entry into force of this Federal Law shall remain unaffected.

§ 8. § 12 ABAG (Art. 3), § § 12, 13 and 20 NPG (Art. 8) and § 12 RAPG (Art. 9) are to be applied if the application for admission to the examination or for the first partial examination is submitted to the examination board after 31 August 2013. In the event of a repetition of the examination, the date of the initial application shall be decisive in that regard.

§ 9. § § 15, 27 and 28 DSt (Art. 5) shall apply for disciplinary offences committed after 31 August 2013.

§ 10. § 4 RAPG (Art. 9) shall apply if the elections provided for in it are conducted after 31 August 2013; the term of office of the institutions elected before the entry into force of this Federal Law shall remain unaffected.

§ 11. The Federal Minister of Justice is responsible for the enforcement of this federal law.

§ 12. The personal expressions used in this Federal Act relate to women and men as far as this is considered in terms of content.

Fischer

Faymann