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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141. Regulation of the Minister of Justice, modifies the Ordinance, the electronic legal relations (ERV 2006)

On the basis of § 89b para 2 of the Court Organization Act, RGBl. No. 217/1896, as last amended by Federal Law Gazette I no. 136/2011, is prescribed:

The regulation of the Federal Minister for Justice on the electronic legal relations (ERV 2006), Federal Law Gazette II No. 481/2005, as last amended by regulation Federal Law Gazette II No. 220/2011, is amended as follows:

1. in article 1 1 b the following paragraph 1 c is inserted after paragraph:

"(1C) participants committed to electronic legal relations (§ 89 c paragraph 5 GOG) have to certify that the concrete technical possibilities in some cases exceptionally does not exist in the input that is submitted in the electronic legal relations."

2. § 1 para 2 last sentence reads:

"In land registry and companies book process improvement with a subsequent application in the sense of the interface description is according to § 5 para 2 to introduce."

3. in section 1 paragraph 3a is after the phrase "Extracts from the database" the phrase "of the land register and" inserted.

4. § eliminates 1 para 4.

5. paragraph 1 paragraph 5:

"(5) the decision is granted with the a note of the order (§ 54 GBG), is excluded from the electronic delivery."

6 § 5 para 1 last sentence reads:

"Several documents be submitted with an entry, this should be as separate attachments to submit; Clearance certificates, auto calculation explanations and civil status documents can be grouped in an appendix."

7. in article 6, par. 3, second sentence is quoted "§ 2 Z 1 signature law (SigG)" by "article 2 Z 10 signature law (SigG)" replaced.

8. after the Article 8a, paragraph 3 last sentence is added the following sentence:

"The same applies to cooperative law (GenG) certificates pursuant to section 7 para 2."

9 § 10 para 1 second sentence deleted.

10 paragraph 10 paragraph 1a:

"(1a) the transmission of the application to the utilisation of the rank order (§ 53 General Land Act 1955, BGBl. No. 39/1955) has to be made in the electronic legal transactions such that the ranking decision in the paper original, at the latest within a week, anyway, but within the period of § 55 GBG will be submitted (receipt at Court)."

11. in section 10 para 2 first sentence is inserted after the phrase "Provisions in the original" the twist "or certified copy".

12 § 10 para 2 last sentence deleted.

13 paragraph 10 para 3:

"(3) a corresponding desire type is the interface description according to § 5 para 2 for desire in the input provided, this shall be used."

14. in article 11, para 1f eliminates the two last sentences.

15. after article 11 par. 1 h 1i the following paragraph is added:

"(1i) § 1, § 5 para 1, § 6 para 3, § 8a para 3, § 10 and § 11 paragraph 1f and 1i, each as amended the regulation Federal Law Gazette II No. 141/2012, apply with may 1, 2012."