222. 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 n ° 111/2007, shall be arranged:

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 333/2007, shall be amended as follows:

(1) The following sentence shall be added to Article 8a (3):

"if an electronically submitted application does not require the certified true form, the transmission as a PDF appendix pursuant to § 5 para. 1 shall also be permitted."

2. § 9 shall read as follows:

" Special provisions for electronic entries according to § § 277 to 281 UGB

§ 9. (1) In the data set of an electronically transmitted document, the provider has to give the family name and at least one written first name to the persons who underwrite the annual financial statements in accordance with § § 277 to 281 of the UGB . In addition, either the date of birth or the person identification (letter identification according to the company's statement) of the person concerned must be carried out. If a lawyer, notary, accountant, accounting accountant, self-employed accountant or audit association, but a representative of an organ walter for the company, does not progress, he/she has, if necessary, a declaration to give him the authorisation to do so by the other legal representatives. Providers of documents in accordance with § § 277 to 281 of the German Commercial Code (UGB) shall apply in electronic legal transactions, unless they have requested otherwise, for judicial proceedings in this case-with the exception of the decisions on the imposition of penalties -as the issuing body of the company subject to the obligation to act.

(2) Documents in accordance with § § 277 to 281 of the German Commercial Code (UGB) are in the way of the automated data transfer of the financial "FinanzOnline" in direct traffic in structured form or in electronic legal transactions as a PDF appendix pursuant to § 5 para. 1 first sentence or in the To submit a document to a public body of public law (Section 8a (2)); they shall be deemed to be presented with the correct electronic transmission of the data. In the course of the publication, it should be pointed out that the audit opinion refers exclusively to the annual financial statements audited by the auditor or the auditor and signed by all legal representatives. If UGB documents are returned for improvement in accordance with § § 277 to 281 of the German Commercial Code (UGB), they are to be resubmitted in an improved form in the case of re-submission in full.

(3) The forms to be used for the disclosure of the balance sheet and the annex to a small limited-liability company or a registered civil society referred to in § 221 (5) UGB shall be used in accordance with Appendixes 1 and 2 of the 3. Formblatt-V, BGBl. II No 197/2001, can be submitted electronically with the online forms provided on the website 'www.justiz.gv.at' of the justice system. '

3. In accordance with § 11 (1c), the following paragraph 1d is inserted:

" (1d) § 8a (3) and (9) in the version of the BGBl Regulation. II No 222/2008 enter into force on 1 July 2008 with the proviso that Section 9 (3), first sentence, in the version of the Regulation BGBl. II No 130/2007 and Section 9 (4) as amended by the BGBl Regulation. II No 333/2007 may be applied until 30 September 2008. "

Berger