68. Federal Law, with which the Notarial Code, the Notarial Act, the Law of the Court of Justice, the Extraordinary Act, the Law of the Court of Justice, the Law of the Notarial Law, the Law of the Court of Justice, the Bar Code, the Law of Lawyers, the Law of the Law, the Law of the Law, the Law of the Law, the Disciplinary statute for lawyers and legal contenders, the EuRAG and the Industrial Code in 1994 (Feilofferungsrechtschangegesetz-FRÄG)

The National Council has decided:

Article I

Amendment of the Code of Notarial Code

The Notarial Order, RGBl. No 75/1871, as last amended by the Vocational Law amending Act 2008, BGBl. I n ° 111/2007, is amended as follows:

1. In Section 6a (2), the quote shall be: " 4 " by quoting " 3 ".

2. In § 42 (2) NO, the word order shall be "the Notarial Archive" through the phrase "the Notarial Chamber" replaced and the following sentence added:

"The official seals can be handed over to the archives (§ 110a) at the earliest 10 years after the office of the Notarial Chamber has been extinguisher (§ 19 paragraph 1) by the President of the competent regional court."

3. The following sentence shall be added to section 62 (2):

"The translation can be omitted if the foreign-language notarial act is established by the notary, all parties refrain from it and the translation is not required by a domestic court or a domestic authority."

4. The transcripts in the III. Section of the V main piece of the preceding letter is omitted.

5. In accordance with § 87 and the transcript before § 88, the following § § 87a to 87e shall be inserted together with the headings:

" Voluntary presentation of properties

§ 87a. (1) The notary may be charged with the voluntary performance of a property or of a superedificty by means of a public auction. The owner of the property or superedificty shall be required to join the contract and to prove to the notary that he has the free disposal of the object and that all the permits required for the sale shall be granted. and consents.

(2) In any case, the conditions of the performance must include:

1.		Name (company), address (business address), as well as, where applicable, day of birth, company book number or ZVR number of the owner;
2.		the name of the object to be displayed and the place of the performance;
3.		the lowest bid;
4.		the indication as to whether, before the auctioning, the bidding interests have to lay down a security, and the nature and level of such security;
5.		provisions relating to the payment of the Meistbots obtained;
6.		provisions relating to the distribution and use of the master's bots, taking into account any burdens and their acceptance or the exemption from the burden;
7.		provisions relating to the safeguarding of the acquisition of rights, in particular by way of a remark of the order of precedence for the intended disposal and the faithful custody of the order decision;
8.		References to judicial and administrative authorisations, which are necessary for the legal validity of the acquisition of rights at most;
9.		provisions concerning the consequences of the non-compliance by the master supplier of the conditions of flight performance and the cost of a partial bidding which has failed for that reason;
10.		the express consent of the owner (§ 31 General Basic Law 1955), that the ownership of the Meistbieter is registered in the land register on the basis of the official confirmation to be issued by the notary (§ 87d) or to this end The official confirmation shall be included in the collection of documents to be deposited in court.

(3) If the acquisition of rights is to be secured by a remark of the order of precedence, then the order of precedence must be valid for at least ten months at the time of the placing of the order. The copy of the decision authorizing the remark shall be handed over to the notary in the original.

(4) The conditions of the offering shall not be drawn up by the notary responsible for the auctioning or by a person who is at that notary in a close relationship referred to in Section 6a (2) of the Law of the Court of Justice. If the conditions attached to the contract do not comply with the requirements of paragraph 2, or if they contain unauthorised or invalid provisions, the notary shall lead the owner in order to improve it.

(5) The cost of voluntary diversion shall be borne by the owner. A provision in the conditions of the offering of the replacement by the master supplier shall be permitted.

§ 87b. (1) The notary has to make known the performance for the duration of at least three weeks in the Edikts file. The notice shall indicate:

1.		that it is voluntary and that it does not affect the provision of loans or loans and other charges, in so far as it does not result from the conditions under which the conditions are concerned, by the performance of the case and to the Most offered not to be credited, as well as
2.		that each bidder has to make the conditions for the performance of the auction prior to the execution of the auction and that the conditions under which the bidder is to participate in the auction shall be subject to the conditions of the performance.

(2) The notice shall contain the following information:

1.		the name of the object to be displayed;
2.		the lowest bid;
3.		Place and time of auctioning as well as the visit.
In particular, the notice may be accompanied by the conditions of the conditions, a site plan and, in the case of buildings, a floor plan and at least one image. If the conditions of the offering are not connected, the place and time at which the conditions of the offering and any other documents can be taken into account shall be indicated.

(3) The notice in the Edits file shall be notified to the owner and the pre-emptive person.

§ 87c. (1) The owner of the auction shall be responsible for the auctioning by a lawyer or a trader who is authorised to do so, the auction shall be carried out by the owner. In order to cover the claims for damages arising from the execution of the auction against him, he/she must have liability insurance corresponding to § 21a RAO (liability insurance). In this case, the notary shall have the auctioning to be assessed. Otherwise, the notary has to carry out the auction itself and to assess it. In any case, the assessment of the actual process of auctioning shall be carried out in accordance with § 88, by the inclusion of a protocol to which the under-manufactured conditions of the performance are to be attached as a supplement.

(2) With the participation in the auction, the tenderers shall submit to the conditions of the performance. The owner and the tenderers shall make the conditions of the bidding process before the auction. The underproduction by a ruler of the owner shall be permitted only if the power provider has issued a certified full power which is not older than a month at the time of auctioning.

(3) The provisions of the executive order, in particular § 177 (4) and § 179, 180 and 181 EO, shall apply mutationally to the auctioning, unless otherwise provided by the terms of the conditions of the performance. The Masters offer has to be replaced by the master of the notary.

(4) The owner may withdraw his order for the performance of the contract until a valid bid has been made; later only if all those who have already offered express consent or the owner agrees to the sale to a has reserved for a certain period of time, as indicated in the notice in the Edikts file.

§ 87d. The notary has to distribute and use the Meistbot after it has been soliced in accordance with the conditions of the conditions and, in accordance with the conditions of the conditions and after the existence of any permits which may be required, shall be used as a basis for to issue an official confirmation of the reservation in the land register or for the deposit in the collection of documents to be deposited in the court. The official confirmation shall be accompanied by a certified copy of the terms and conditions of the performance. It is a public document within the meaning of § 33 of the General Grundbuchsgesetz 1955, BGBl. N ° 39/1955, as amended. The official confirmation shall be sufficient for the entries or deposits referred to therein in the collection of documents to be deposited in court.

§ 87e. § § 87a to 87d shall apply mutatily to building rights. "

(6) § 91 (1) the following sentence is added:

"In the cases of § 146, this right shall be entitled to the consenter (§ 146 (1))."

7. According to § 110, the following § § 110a and 110b are inserted:

" § 110a. (1) The notary may depart notarized documents established before 1 July 2007, after 30 years from the date of establishment by the President of the competent regional court at the seat of the Notarial Chamber of the Austrian State Archives together with the authorities necessary for the use, if not the special content, a legal regulation or an agreement, require a longer period of safekeeping at the notary.

(2) The notarial documents, together with the authorities necessary for the use and the official seals (§ 42 para. 2), are archives of the Federal Government (§ 2 Z 4 Federal Archives Act), as soon as the President of the competent regional court has the power to dispose of it is granted. The protection period for this archive is 50 years (Section 8 (3) of the Federal Archives Act) and begins to run with the offer for the takeover.

(3) Notarial documents, the importance of which is relevant for the exploration and understanding of history and the present in political, economic, social or cultural terms, as well as with regard to legislation, jurisdiction, administration and protection. By way of derogation from paragraph 1, the State Archives may be offered and handed over to the President of the competent regional court, or if the State Archives are not subject to a specific or specific civil rights beyond a single federal state. , in writing, obliged to keep them permanently and to ensure that the rights are Information and use of the files and parts of the files in accordance with the provisions of the Federal Archives Act, taking into account priority procedural protection regulations-in particular for incognitoadoptions-to be ensured.

(4) The President of the competent regional court shall inform the notary and the competent notarial chamber of the takeover of the power of disposal. In order to transfer the files, the notarial chamber shall assign a member of the college to examine the completeness of the files, business registers and directories in detail, to record a record and, at the same time, to use the files of the notarial chamber. The board has to transfer the files to the archive after the request for completion of a procedure required for completion (§ 110b).

(5) Notarial documents established after 31 December 1999 and stored in accordance with Section 110 (3) of the applicable version as well as notarial documents which are subsequently stored in accordance with Section 110 (3) may, after the expiry of 10 years after the end of the business case, if the special content, a legal regulation or an agreement do not require a longer safekeeping at the notary, they will be destroyed.

§ 110b. (1) If the notary finds that the original copy of a notary certificate still to be retained is missing, he must attempt to restore it immediately. If this is not the case, the parties concerned shall be notified in so far as this is necessary in order to safeguard their rights.

(2) If a party, authority or other notary has a copy of the lost original, the notary shall be required to request it and to make a certified copy thereof. If the document has been stored in the applicable version in accordance with Section 110 (3), the certified copy may be produced by the stored data content.

(3) In order to complete the files and the manner in which they have been effected, a record shall be recorded and, together with the documents relating to the completion thereof, shall be annexed to the files. "

8. In § 116

(a) is paragraph 2:

"(2) record sheets, register of documents, the collection of the specimen copies, declarations of recognition and endorsement of protest shall be kept for a period of 10 years.";

(b) no 3.

9. In § 118 paragraph 2 lit. (a) shall be after the "§ 5 (1) and (2)" the citation "and § 5a" inserted.

10. In § 119, after the word order "Verwaisung der Amtsstelle" the twist ", in particular" and after the word "Official Waiver" Insert a dash.

11. The title of the IX. The main item is:

"File transfer."

12. § § 143 to 145 and 149 to 152a are repealed.

13. § 146 reads:

" § 146. (1) After the erasing of the Office (Section 19 (1)) or the transfer of a notary (transfer), the notarial documents, business registers and directories which it has held are first of all by the Notarial substitutes and subsequently by the To take up and retain the successor in office (borrower). When a notary body is released, the notaries who are appointed by the notarial chamber to do so shall be deemed to be the successor of the office. The official stamp and the identity cards of the donor shall be returned to the Notarial Chamber. The rejected ID cards for the electronic certificate of certification must be kept under closure by the notarial chamber and can be destroyed after ten years have elapsed since the last time it was used.

(2) The Subcontractor (par. 1) is responsible for the safekeeping, issuing of copies, documents and copies of documents, as well as for information and the granting of the inspection. The Austrian notarial chamber has access to the documents stored in the document archive of the Austrian notary in accordance with § 140e of the Austrian notary's archive. As long as no contractor is in office, the parties shall be allowed access to these documents from the Austrian Notarial Chamber. "

14. § 147 reads:

" § 147. (1) On the occasion of taking up office, the notarial chamber shall assign a member of the collegiate body, the funds, securities or valuables which have been handed over to the transferor (section 146 (1)), exactly and with an indication of the nature of the safekeeping and of the The name of the parcels has to be registered and with the diary and the waste (§ 116 para. 1 lit. (e) and (f), as well as any custody orders and the relevant acts of the act, have to be handed over to the consant (§ 146 (1)). This is not necessary if the surrender notarial substitute has been appointed as the successor to the successor.

(2) Custody orders shall be deemed to be granted to the contractor. Any depositories that are not accepted shall be immediately brought to court. "

§ 148 reads as follows:

" § 148. (1) The user has to investigate the completeness of the notarial documents, business registers and directories. If he finds that a notarial document is missing, he shall proceed according to § 110b.

(2) The costs of the completion shall be borne in any case by the donor or his estate. "

16. In § 154

(a) no 3;

(b) in paragraph 4, the word order shall be "This president is also entitled" through the phrase "The President of the competent regional court at the seat of the Notarial Chamber shall be entitled" replaced;

(c) is paragraph 5:

"(5) If the absence of a notarial document is discovered during the revision, the notary shall be held to restore it (§ 110b).".

Article II

Amendment of the Notarial Act

The Notariatsaktsgesetz, RGBl. No 76/1871, as last amended by the Vocational Law amending Act 2008, BGBl. I n ° 111/2007, is amended as follows:

§ 2 reads:

" § 2. Properties, superedifices and building rights can only be offered voluntarily by means of a public auction in compliance with the assessment of facts and statements prescribed in § § 87a to 87e NO by a notary. "

Article III

Amendment of the Court of Justice Act

The Court of Justice Act, BGBl. No 343/1970, as last amended by the Vocational Law amending Act 2008, BGBl. I n ° 111/2007, is amended as follows:

1. § 1 (1) Z 2 reads:

" 2.		outside an act of abandonment, the establishment of an inventory and the constitution and examination of an invoice or an identity card, including a badge on a division of assets. "

2. In § 2 (1) the word order shall be "and point 2 lit. a" is deleted.

3. In § 2 para. 2 the word order shall be "lit. b" is deleted.

(4) § 6a (2) is amended as follows:

a) In Z 2 the word "or" is deleted and a point is added at the end;

(b) Z 3 is deleted.

Article IV

Amendment of the Non-Strike Act

The Extrastreit Act, BGBl. I n ° 111/2003, as last amended by the Vocational Law Amendment Act 2008, BGBl. I n ° 111/2007, is amended as follows:

The main part of the V. Main piece on the voluntary performance (§ § 191 to 198) is repealed with headlines.

Article V

Amendment of the Court Fees Act

The court fee law, BGBl. No 501/1984, as last amended by the Executive Order of the Executive Order-Novelle 2008, BGBl. I n ° 37/2008, is hereby amended as follows:

1. In § 28, the Z 6 is deleted.

2. § 29 is amended as follows:

(a) In the title, the turn is deleted "and in the case of voluntary judicial diversion" ;

(b) in the text the second sentence is deleted.

The following changes shall be made to the tariff post 12 as follows:

(a) In lit. d is not the Z 1;

(b) Note 4 reads as follows:

" 4.		Will be one of those in Tarifpost 12 lit. If the official acts are not carried out until the end, a fee of EUR 66 must be paid. "

(4) The following Z 31 shall be added to Article VI:

" 31.		§ § 28 and 29 as well as the tariff post 12 in the version of the Federal Law BGBl. I n ° 68/2008 is 1. Jänner 2009 in force. However, in its previous version, the above-mentioned provisions are to be applied to voluntary court proceedings, the implementation of which is before the 1. Jänner 2009 was requested. "

Article VI

Amendment of the Notarial Tariff Act

The Notariatstarifgesetz, BGBl. No. 576/1973, as last amended by the Federal Law BGBl. I n ° 8/2006, is amended as follows:

(1) The following paragraph 10 is added to § 5:

"(10) In the case of voluntary rotations, their proceeds shall be decisive; but if it is not for sale, half the call-out price."

2. In accordance with § 20, the following § 20a is inserted:

" § 20a. (1) In order to carry out a voluntary performance on a basis of assessment

1.		up to and including 70 Euro							5,45 Euro,
2.		Over 70 Euro up to and including 110 Euro							8,20 Euro,
3.		Over 110 Euro up to and including 150 Euro							10,90 Euro,
4.		more than EUR 150 up to EUR 1 090 for a further EUR 70 per person, EUR 4.10 more,
5.		More than EUR 1 090 up to EUR 2 180 for each additional EUR 180, EUR 7.10 more,
6.		more than EUR 2 180 up to EUR 4 360 for a further 360 Euro of EUR 10.90 more,
7.		More than EUR 4 360 up to EUR 5 090 by 14,50 Euro more,
8.		more than EUR 5 090 up to EUR 5 810 at EUR 64.70 more,
9.		EUR 5 810 up to EUR 7 270 for a further EUR 730 for each additional EUR 18.10 more,
10.		More than EUR 7 270 up to EUR 36 340 for a further EUR 1 820 for each additional EUR 22.55 more,
11.		More than EUR 36 340, including EUR 50 870 for a further EUR 3 630, EUR 18.75 more for each additional EUR 3 630,
12.		More than EUR 50 870 up to EUR 72 670 for a further EUR 3 630 for each additional EUR 17,40 more,
13.		EUR 72 670 up to EUR 363 360 for a further EUR 7 270, EUR 17.75 more for each additional EUR 7 270,
14.		More than EUR 363 360 for a further EUR 7 270, EUR 18.10 more,
but never more than EUR 9 682.80.

(2) However, where the activity mainly concerns properties devoted to agriculture or forestry, the fee shall be based on the basis of a tax base;

1.		up to and including 70 Euro							3,45 Euro,
2.		Over 70 Euro up to and including 110 Euro							EUR 5.15,
3.		Over 110 Euro up to and including 150 Euro							EUR 6.85,
4.		More than EUR 150 up to EUR 1 090 for a further EUR 70 for each additional EUR 2.75 more,
5.		more than EUR 1 090 up to EUR 2 180 for each additional EUR 180, EUR 5.45 more,
6.		more than EUR 2 180 up to EUR 4 360 for a further 360 Euro of EUR 8.45 more,
7.		in the case of a value of EUR 4 360, including EUR 5 090, the fee referred to in paragraph 1, reduced by EUR 40.90,
8.		for a value of more than EUR 5 090, including EUR 1 090 090, the fee referred to in paragraph 1, reduced by EUR 51,15;
9.		at a value of more than EUR 1 090 090 the fee according to paragraph 1, reduced by EUR 102.20.

(3) The fee referred to in paragraphs 1 and 2 shall include the implementation of the voluntary performance, including in particular the assessment of the actual operation of the auction and the issuing of the official confirmation, but not the examination of the Haggling conditions and the notice in the edits file. If the notary is also concerned with the implementation of the basic booklet, he shall be entitled to two thirds of the activities involved in the case of a tax base up to and including EUR 7 270, for a tax base of more than EUR 7 270 to half of the remuneration for these other activities. "

Article VII

Amendment of the Law of the Court of Justice

The court order ariff law, BGBl. No. 108/1971, as last amended by the Vocational Law amending Act 2008, BGBl. I n ° 111/2007, is amended as follows:

1. § 3 (3) is deleted.

2. § 22 Z 2 is deleted.

Article VIII

Amendment of the Rules of Lawyers

The law of law, RGBl. No. 96/1868, as last amended by the Federal Law BGBl. I n ° 111/2007, is amended as follows:

1. In § 3 para. 2, the quote shall be " 4 " by quoting " 3 ".

2. In Section 8 (5), after the word order "acting as a mediator" the phrase "or shall carry out a public auction in accordance with § 87c NO." inserted.

Article IX

Amendment of the Disciplinary Statute for Lawyers and Lawyers

The Disciplinary Statute for Lawyers and Lawyers of 28 June 1990, Art. I BGBl. No 474, as last amended by the Federal Law BGBl. I n ° 111/2007, is amended as follows:

Section 62 (1) last sentence reads:

" The person who receives the most votes cast shall be considered to be elected, with the additional majority of the votes of the members from the circle of the judges and, in addition, for the election to the Vice-President, for the election to the President of the President. Majority of the votes from the circle of lawyers is required. "

Article X

Amendment of the EuRAG

The Federal Act on the free movement of services and the establishment of European lawyers as well as the provision of legal services by internationally active lawyers in Austria, BGBl. I n ° 27/2000, as last amended by the Vocational Law amending Act 2008, BGBl. I n ° 111/2007, is amended as follows:

The short title of the law is: