Konsularbeglaubigungsverordnung - Kbeglv

Original Language Title: Konsularbeglaubigungsverordnung – KBeglV

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

467. Ordinance of the Federal Minister for European and International Affairs on the certification by the consular authorities (consular authentication regulation-KBeglV)

Due to § 3 para. 1 Z 2 lit. b sublit. aa and § 6 of the Federal Law on the certification by the consular authorities, BGBl. I No 95/2012, shall be arranged:

Section 1

Procedures for the acceptance of credentials and for the affixing of other references

§ 1. The procedure for the acceptance of credentials and for the affixing of other endorsements is due to § 6 Federal Act on the certification by the consular authorities, Federal Law Gazette (BGBl). I n ° 95/2012, according to the following § § 2-6.

Authentication Register

§ 2. The consular authority shall have a register of credentials to be held.

(1) Part A of this Register of credentials shall include the overtures of credentials and credentials of authorities which have been carried out and shall be accompanied by annual figures. At least the date of authentication, the first and last name of the official whose signature is certified shall be the name of the authority whose official stamp shall be certified, the name of the certificate after the date of the authorisation being carried out. The genus and date of issue as well as the signature of the believing person.

(2) In Part B of this authentication register, the certifications carried out pursuant to Section 3 (1) (2) (2) of the Register of Credentials are the subject of the following: b sublit. bb KBeglB of private source documents to be entered and provided with annual figures. At least the first and last name, date of birth, profession, place of residence and signature of the person whose signature is to be certified shall be the name of the certificate, the date of the certification as to whether the document shall be certified before the certificate. The signature of the identity of the person whose signature is certified, the signature of the believing person, the signature of the person who has been signed, or the authenticity of the signature, has been acknowledged before the believing person. Person whose source document shall be certified and, where appropriate, the signature of the To record witnesses.

(3) If the authentication register is carried out by means of automation-assisted data processing, the signatures shall be made in a separate signature register.

Certification of authentication and authentication of credentials by authorities

§ 3. The procedure for the acceptance of overdue bigotes in accordance with § 3 (1) Z 1 lit. a-c as well as § 3 para. 1 Z 2 lit. a and b sublit. aa KBeglG shall be regulated as follows:

(1) A citation of an Austrian or foreign authority shall be certified by a consular authority, if:

1.

the believing person can clearly read the source document and clearly identify the attached signatures and the attached official seals, and

2.

the authenticity of all the enclosed signatures and of all the official seals applied have been verified on the basis of existing samples; and

3.

the examination of the source document and the endorsement of the certificate does not give rise to any doubt within the meaning of Section 3 (4) of the KBeglG, and

4.

in the case of source documents, which consist of several sheets, the pages are inseparably linked.

(2) The endorsement certificate, which shall be affixed to the source document, shall contain:

1.

The serial number under which the certificate of authentication shall be recorded in the Register of Creatation,

2.

the name and surname of the official, whose signature is to be certified,

3.

the name of the authority to which this official belongs and whose official stamp is certified;

4.

the identification of the authenticity of the signature and of the official seal; and

5.

the place and date of the transfer, the personal signature of the believing and the official seal of the consular authority.

(3) If it is not possible to affix the endorsement document on the source document, the consular authority shall affix it on a further sheet which is inseparably linked to the source document.

Certification of source documents established by representative authorities

§ 4. For the certification of source documents, which are public documents and which have been established by representative authorities according to § 3 (1) (1) (1) (1) lit. d KBeglG shall apply in accordance with § 3.

Certification of private source documents

§ 5. The procedure for the acceptance of credentials in accordance with § 3 (1) Z 2 lit. b sublit. bb KBeglG is regulated as follows:

(1) A signature on a private source document shall be signed by a representative authority;

1.

if the examination of the source document does not give rise to any doubt within the meaning of Section 3 (4) of the KBeglG, and

2.

the signature to be paid shall be attached by hand to the believing person, or the person who has signed the signature shall be attached to the person who has already signed the signature as the person who has already signed the signature, and

3.

the identity of the person who signed,

a)

is known to me personally and by name, or

b)

is confirmed by an official photo ID, or

c)

is confirmed by two personally and by the name of witnesses known or designated by official photo-ID, or

d)

by a witness, personally and by name, in the case of witnesses or witnesses who have been identified by official photographs, and one by the person who has signed the certificate, other than an official photo ID, the possession of which shall be the subject of the Acceptance of the identity of the leading person shall be confirmed, provided that there are no objections to this assumption.

(2) Identity witnesses shall be excluded from:

1.

are not yet 18 years old, or

2.

are involved in or are encouraged to participate in the business of the private source document, or

3.

of their physical or mental condition, they are unbearable, to bear witness.

(3) The date of birth of the person whose signature is to be certified on a private source document shall be established and endorsed in the endorsement. The date of birth shall, unless it is known, be on one of those in paragraph 1 Z 3 lit. b or c) or by presenting one of the species referred to in paragraph 1 (3) (3). d to confirm the date of birth of the documents containing the date of birth.

(4) The endorsement note, which shall be affixed to the source document, shall contain:

1.

The serial number under which the authentication shall be recorded in the Register of Creatation,

2.

the first and last names, and the date of birth of the person whose signature is certified,

3.

express determination that the person whose signature is certified shall be personally and in particular known to the believing person or identity by a valid official identity card provided with a photograph and a personal signature or by two witnesses, or by a witness, and a personal document,

4.

the explicit determination that the person whose signature is certified is signed or signed as genuine before the believing person,

5.

the place and day of the certification, the personal signature of the believing and the official seal of the representative authority.

(5) If it is not possible to affix the endorsement note on the source document, the consular authority shall affix it on a further sheet which is inseparably linked to the source document.

Vidimation

§ 6. On the basis of Section 4 (1) (1) of the KBeglG, the representative authority must certify that a copy (copy) of a document drawn up in Austria is in conformity with the original submitted to it, if the person carrying out the official act is responsible for both the Copy (copy) as well as the original can clearly read.

Verification of documents

§ 7. If the consular authority has a review of pre-submitted documents in accordance with § 3 para. 3 1. Mirror KBeglG makes it possible for them to commission natural or legal persons who are sufficiently familiar with the general and legal conditions in the State in which the document was issued, and in no case the legal or economic relationship with the person who has an interest in the certification or the authentication of overtime.

Section 2

Special provisions

Overlicensing of translations by representative authorities

§ 8. On the basis of § 3 (1) (2). lit. b sublit. aa KBeglG shall accept non-certified translations of originals, duplicates and copies (copies) certified by the foreign ministry responsible for the purpose of use in the form of documents relating to the translation of the translations of documents. Austria, or legal persons to be attributed to Austria or Austria, if the foreign legal order is to be granted a certificate of overpermission on translations relating to documents, but not a direct authorization for the transfer of Certification of the respective foreign Foreign Ministry on originals, duplicates and copies (copies) of source documents made possible.

Suspension of the acceptance of certificates of certificates of foreign countries

§ 9. On the basis of § 6 KBeglG, without prejudice to any kind of mutual assistance, the acceptance of credentials shall be suspended by documents of the following states:

Afghanistan

Equatorial Guinea

Burundi

Iraq

Comoros

Congo

Congo-Democratic Republic

Korea-Democratic People's Republic

Myanmar

Somalia

Sudan

South Sudan

Chad

Section 3

Linguistic equality and final provision

Linguistic equality

§ 10. As far as persons related to persons are mentioned in this Regulation only in male form, they shall refer to women and men in the same way. In applying the name to certain natural persons, the gender-specific form shall be used.

Final destination

§ 11. This Regulation shall enter into force 1. Jänner 2013 in force.

Spindelegger