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 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 No 136/2011, shall be assigned:

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 220/2011, shall be amended as follows:

1. In § 1, the following subsection (1c) is inserted:

" (1c) Participants (Section 89c (5) of the GOG) have to certify in the non-electronic right of entry that the concrete technical possibilities in individual cases are not exceptional. "

2. § 1 (2) last sentence reads:

"The improvement with a subsequent application in the sense of the interface description in accordance with § 5 para. 2 is to be introduced in the basic book and corporate accounting procedures."

3. In Section 1 (3a), after the turn of the "Extracts from the database" the twist "the basic book and" inserted.

4. § 1 (4) is deleted.

5. § 1 (5) reads:

"(5) The decision to grant an annotation of the order of precedence (§ 54 GBG) shall be exempted from electronic delivery."

6. § 5 (1) last sentence reads:

"If a number of documents are submitted with one input, they shall be transmitted as separate annexes; safety certificates, self-calculation declarations and personal status documents may be taken together in an annex."

7. In § 6 para. 3, second sentence, the citation "§ 2 Z 1 Signature Act (SigG)" by "§ 2 Z 10 Signature Act (SigG)" replaced.

8. According to the last sentence of Article 8a (3), the following sentence is added:

"The same shall apply to documents in accordance with Section 7 (2) of the Cooperative Act (GenG)."

9. § 10 para. 1 second sentence is deleted.

10. § 10 (1a) reads:

" (1a) The transmission of the request for the utilization of the order of precedence (§ 53 General Basic Law Book Act 1955, BGBl. N ° 39/1955) must be carried out in the electronic legal system in such a way that the order of order decision in the original paper is handed down at the latest within one week, but in any case within the time limit of § 55 GBG (in court). "

11. In § 10 para. 2, first sentence, after the turn "Provisions in the original" the twist "or in certified transcript" inserted.

12. § 10 (2) last sentence is deleted.

13. § 10 (3) reads:

"(3) If, in the description of the interface in accordance with § 5 (2), a corresponding type of desire is provided for the input placed in the input, the said type of desire shall be used."

14. The last two sentences are deleted in Section 11 (1f).

15. According to § 11 (1h), the following paragraph 1i is added:

" (1i) § 1, § 5 para. 1, § 6 para. 3, § 8a para. 3, § 10 and § 11 para. 1f and 1i, each in the version of the Ordination BGBl. II No. 141/2012, enter into force on 1 May 2012. "

Karl