343. 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 30/2009, shall be ordered:

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 82/2009, shall be amended as follows:

1. The following sentence shall be added to Article 1 (1):

"Inputs have been introduced with the data content, which has been handed over to the Bundesrechenzentrum GmbH according to the interface description according to § 5 paragraph 2."

2. According to Article 1 (1), the following paragraph 1a is inserted:

" (1a) With official signature in accordance with § § 19ff E-Government-Gesetz, BGBl. I n ° 10/2004, and § 18 (4), second sentence, General Administrative Procedure Act 1991, BGBl. No 51/1991, documents provided by authorities may be introduced as a PDF-Annex in accordance with the description of the interface in accordance with Section 5 (2). Section 8a (2) and section 10 (2) with the exception of the last sentence are not to be applied in this respect. "

3. § 5 (1) last sentence reads:

"Where a number of documents are submitted with one input, they shall be transmitted as separate annexes, and safety certificates shall be summared in an annex."

4. According to Article 8a (1), the following paragraph 1a is inserted:

" (1a) Simplified applications according to § 11 of the Company Book Act, BGBl. I No 10/1991, can also be made in electronic form using the online form provided on the website of the justice system 'www.justiz.gv.at'. '

§ 10 together with headline:

" Special provisions for the land register procedure

§ 10. (1) Inputs and supplements may be submitted electronically in the basic booking procedure. Excluded are applications for remark of the order of precedence (§ 53 General
Grundbuchsgesetz 1955-GBG, BGBl. No 39/1955) and applications to which § § 18a to 18c of the German Basic Accounting Act, Federal Law Gazette (BGBl). No 550/1980. In the case of land belonging to other files (§ 448 para. 4 Geo.), the electronic introduction of entries and supplements is not permitted.

(2) The electronic transmission of supplements, which are to be presented in the original pursuant to legal provisions, must be made in such a way that it refers to the setting in a document archive of a public corporation law (§ 91c GOG) and shall be effectively given the authorisation to access the data of the document stored, with the publication of a unique identification term; documents stored in the document collection of the land register or of the company's book shall be given by an indication of the setting in the collection of documents. In the input are also the supplement properties (type of document, date of establishment, name, name of the authority, file number as well as any further comments on the supplement), which allow a clear distinctness of the document, . Documents which are to be exercised inextricably with the possession or inexoration of the document by the transfer or presentation of the document, as well as plans for the division of land into a basic booklet cannot be electronically shall be submitted. A decision of order issued in paper form is to be submitted to the electronically submitted basic booking request at the latest within one week, but in any case within the time limit of § 55 GBG (one-year court).

(3) If, in the description of the interface according to Article 5 (2), a corresponding type of desire is provided for the input placed in the input, it shall be used, except for applications for the incorporation or correction of home ownership. with more than ten apartment properties. "

6. § 11 (1f) the following sentence is added:

"However, if the specific technical possibilities for this are not available in individual cases, this shall be made credible by the attorney or notary to be submitted in the input which is not transmitted in the electronic legal system."

7. In accordance with § 11 paragraph 1f the following paragraph 1g is inserted:

" (1g) § 1 (1) last sentence and subsection 1a, § 5 (1) last sentence, § 8a (1a), § 10 and § 11 paragraph 1f in the version of the Ordination BGBl. II No 343/2009 enter into force with 1 November 2009. "

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