Konsularbeglaubigungsverordnung - Kbeglv

Original Language Title: Konsularbeglaubigungsverordnung – KBeglV

Read the untranslated law here: https://www.global-regulation.com/law/austria/2996925/konsularbeglaubigungsverordnung--kbeglv.html

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467th Ordinance of the Federal Minister for European and international affairs of the certification by the consular authorities (Konsularbeglaubigungsverordnung - KBeglV)

On the basis of § 3 para 1 subpara 2 lit. b sublit. AA and § 6 of the Federal law on the certification by the consular authorities, Federal Law Gazette I no. 95/2012, is prescribed:

1 section

Procedure for carrying out of certifications and attachment of other notices

§ 1. The procedure for carrying out of certifications and to attach other endorsements is on the basis of § 6 federal law on the certification by the consular authorities, Federal Law Gazette I no. 95/2012, in accordance with the following paragraphs 2-6 regulated.

Certification register

§ 2. The Konsularbehörde has to do a certification register.

(1) in part A of this certification register, the carried excess certification by certification endorsements and parent certification notices are by authorities to enter and to provide with an annual serial numbers. Each carried legalisation are at least the day of certification, the name and surname of the official person, whose Unterschrift is certified, the name of the authority, the official seal is certified, to capture the name of the certificate according to genre and date of issue and the signature of the certification.

(2) in part B of this certification register, the carried out by certification in accordance with article 3, paragraph 1 Z 2 are lit. b sublit. BB KBeglB by private sources documents to enter and to provide with an annual serial numbers. Each carried out certification are at least first and surname, date of birth, profession, residence and signature of the person whose Unterschrift is certified, the designation of the document, the day of certification, whether the certificate before the certification was signed or acknowledged the authenticity of the signature before the certification, the way of establishing the identity of the person whose Unterschrift is certified, the signature of the certification , to capture the signature of the person whose source document be certified, as well as, where appropriate, the signature of the witness.

(3) if the certification register kept by computer-assisted data processing, the signatures in a separate register of the signature is so.

Authentication certification endorsements and parent certification endorsements by authorities

§ 3. The procedure to carry out the above certifications pursuant to § 3 para 1 subpara 1 lit. a - c as well as section 3 para 1 subpara 2 lit. a and b sublit. AA KBeglG is regulated as follows:

(1) a certification note of an Austrian or foreign authority is a Konsularbehörde parent beglaubigen, if 1 of legitimating that can clearly see sources document and clearly identify the signatures used in and the attached official seals, and 2. the authenticity of all signatures used in and all attached official seal based on existing patterns were tested, and 3. the examination of the source document and the certification notes any doubt in the meaning of § 3 para 4 KBeglG results , and 4 in the case of source documents, which consist of several leaves, the pages are inextricably linked.

(2) the above certification note to install is on the source document that has to contain: 1 the serial number, under which the legalisation in the certification register is recorded, 2. the name and surname of the official person, whose Unterschrift about accredited, 3. the designation of the authority, is this official person is a member and whose official seal certifies, 4. the determination of the authenticity of the signature and the seal of Office, and 5 the place and the date of authentication , the handwritten signature of the Verifier and the official seal of the Konsularbehörde.

(3) if the installation of the above certification note on the source document is not possible, the Konsularbehörde has this other story, which is inseparably linked to connect with the source document to attach.

Verification of source documents erected by embassies

§ 4. For the verification of source documents, which are public documents and erected by embassies, Z 1 were lit in accordance with article 3, paragraph 1. § 3 shall apply mutatis mutandis d KBeglG.

Legalisation of private sources documents

§ 5. The procedure for carrying out of certifications pursuant to § 3 para 1 subpara 2 lit. b sublit. BB KBeglG is regulated as follows:

(1) a signature on a private source document is the identity of the person by a representative authority, 1 or the person who has signed, as their recognizes the signature of the already defunct, and 3. to authenticate if the sources document examination reveals any doubt in the meaning of § 3 para 4 KBeglG, and 2. the signature by hand before the certification to beglaubigende is buried , which has signed a) is personally and by name official known, or b) is confirmed by an official photo ID, or c) is confirmed by two personally and by name official known or designated by official photo identification witnesses, or d) through a witness personally and by name official known or designated by official photo ID and one of the person who signed , assigned to other certificate as official photo identification, which owns for adopting the identity of referring to speaking, will be confirmed if any concerns arise against this assumption.

(2) as Identitätszeugen, people are excluded who 1 are not yet 18 years old, or 2 in the business of forming the subject-matter of the private sources document involved therein are favored or their physical or mental condition incapacity are 3rd, a witness.

(3) the date of birth of the person, whose signing a private source document should be legalized, is to determine and to lead in the certification endorsement. The birth date is as long as it is not official known, one which in para 1 No. 3 lit. b or c listed species or by presenting one of in para 1 No. 3 lit. (d) to confirm the mentioned documents containing the date of birth.

(4) the certification note to install is on the sources document that must contain: 1 the serial number under the certification in the certification register is recorded, 2. be certified the first and the last name and date of birth of the person, whose signature, 3. the express finding that the person whose Unterschrift is certified, the certification known personally and by name or the identity of a valid official ID with photograph and handwritten signature or by two witnesses or by a witness and a personal document has been checked, 4. has recognized the explicit statement that the person, whose Unterschrift is certified, signed prior to the certification, or your signature as real, 5 the place and the day of the certification, the handwritten signature of the Verifier and the official seal of the representative authority.

(5) if the attachment of the certification note on the source document is not possible, the Konsularbehörde has this other story, which is inseparably linked to connect with the source document to attach.

Vidimierung

§ 6. On the basis of § 4 par. 1 Z 1 KBeglG has to confirm that a copy (copy) of a document with the built in Austria match your submitted original, the consular authorities if the official Act implementing the transcript (copy) as well as the original can clearly read.

Review of documents

§ 7. If the Konsularbehörde 1st indent KBeglG undertake a review of submitted documents in accordance with article 3, paragraph 3, has to instruct them of natural or legal persons who are familiar with the General and legal conditions in the State in which the certificate was issued, for sufficiently and has no legal or economic relation with the person, an interest in the authentication or legalisation , are available.

2. section

Special provisions

Authentication of translations by diplomatic missions

§ 8. On the basis of § 3 para 1 No. 2 lit. b sublit. embassies have certifications on translations associated with certificates from the respective competent Foreign Ministry of Foreign Affairs make aa KBeglG certified originals, duplicates and copies (copies) to the purpose of use in Austria or Austrian nationals and legal persons attributable to Austria, if the foreign legal system is a legalisation on translations associated with documents, but not a direct authentication of authentication certificates of each competent Foreign Ministry of Foreign Affairs on originals That allows duplicates and copies (copies) of source documents.

Suspension carrying out of certification of documents of foreign States

§ 9. On the basis of § making, subjected to without prejudice to any kinds of mutual assistance, 6 KBeglG of accreditations of certificates to the following States:

Afghanistan

Equatorial Guinea

Burundi

Iraq

Comoros

Of the Congo

Congo - Democratic Republic

Korea - Democratic People's Republic

Myanmar

Somalia

Sudan

South Sudan

Chad

3. section

Linguistic equal treatment and final provision

Linguistic equal treatment


§ 10. As far as this regulation to persons listed on related names only in the male form, they relate to women and men in the same way. In applying the term to certain natural persons, the respective gender-specific form is to use.

Final provision

§ 11. This Regulation shall enter into force 1 January 2013.

Spindelegger