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Amendment Of The Regulation On The Electronic Legal Relations (Erv 2006)

Original Language Title: Änderung der Verordnung über den elektronischen Rechtsverkehr (ERV 2006)

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503. Regulation of the Federal Minister of Justice, amending the Regulation on Electronic Legal Transport (ERV 2006)

On the basis of Section 89b (2) of the Court Organization Act, RGBl. No 217/1896, as last amended by the Federal Law BGBl. I n ° 26/2012, shall be arranged:

The Federal Minister of Justice for Justice on Electronic Legal Transport (ERV 2006), Federal Law Gazette (BGBl). II No 481/2005, as last amended by the BGBl Regulation. II No 141/2012, shall be amended as follows:

1. § 1 (1) first sentence reads as follows:

"All entries and inserts of inputs to courts and public prosecutors can be submitted electronically in accordance with § § 5, 8a, 9, 10 and 10a."

(2) In Section 8a (1a), the turn shall be "" through the turn "" replaced.

3. § 9 para. 1 third sentence reads:

" If not a lawyer, notary, accountant, accountant or board of auditors, but a duly authorised representative of an organ of the company, intervenes, he/she has-if necessary-a declaration of his or her own. to give the other legal representatives the authority to give them authorisation. "

§ 10a reads as follows:

Special Provisions for Online Inputs

(1) Inputs and supplements can be made in electronic form using the citizen card function (chip card or mobile phone signature) with the online forms provided on the website of the justice system "". This type of transmission is considered to be direct traffic within the meaning of Section 3 (2). A written code according to § 7 is not to be used. § 1 (1b) and (8a) remain unaffected.

(2) Insofar as the pleadings referred to in § 5 (1) third sentence are supported by online forms, these are to be used. In any case, participants in electronic legal transactions (Section 89c (5) of the GOG) shall transmit electronically the pleadings referred to in § 5 (1), third sentence, in a structured manner. "

5. According to Article 11 (1i), the following paragraph 1j is added:

" (1j) § 1 para. 1, § 8a (1a), § 9 para. 1, § 10a and § 11 paragraph 1j, each in the version of the Ordination BGBl. II No 503/2012, enter into force 1. Jänner 2013 in force. "