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Exekutionsordnungs Amendment 2008 - Eo Nov. 2008

Original Language Title: Exekutionsordnungs-Novelle 2008 – EO-Nov. 2008

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37. Federal Law, with which the executive order, the law on the law of law and the law on fees are amended (Amendment of the Executive Order-Novelle 2008-EO-Nov. 2008)

The National Council has decided:

The executive order, RGBl. No 79/1896, as last amended by the Criminal Law Amendment Act 2006, BGBl. I n ° 56/2006, is amended as follows:

Article I

Amendment of the Executive Order

1. § 1 shall be amended as follows:

(a) Z 2 is:

" 2.

payment orders issued in the context of the mandate and exchange procedures and in the administrative procedure if they have not been subject to any objections in good time; "

(b) Z 13 reads:

" 13.

the payment orders and the evidence of payments, which are enforceable by means of direct taxes, fees and social security contributions, as well as through country, district and municipal surcharges, in accordance with the provisions of the above rules; "

2. In accordance with § 22, the following § 22a is inserted:

" § 22a. On request or on its own account, executive procedures in which there are several pledges of a property, superedifice or building law may be linked. "

(3) § 25 is amended as follows:

(a) (2) the following sentence is added:

"Where the enforcement body has to set a security after a security has been granted, the order for enforcement shall not be issued until after the security has been granted."

(b) (3) the following sentence is added:

"The executing institution shall not, unless otherwise provided for in the law, notify the pledge of an imminent full-time act."

4. In § 25b, the following paragraph 2a is inserted after paragraph 2:

" (2a) At the request of the Court of First Instance, the Federal Minister of the Interior from the central admission trend in accordance with Section 47 (4) of the KFG and the Community institution of the insurers entitled to operate the motor vehicle civil liability insurance have been issued from the to communicate central evidence in accordance with Section 47 (4a) of the KFG by means of remote data processing, which motor vehicles and trailers are registered on the pledge and indicate the number of the marks assigned to it. "

5. In § 26a, the words "at night time" through the turn "from 22 to 6 o'clock" replaced.

6. § 32 is amended as follows:

(a) The current text shall be replaced by "(1)" .

(b) the following paragraphs shall be added:

" (2) The charge for an official act to be carried out by the enforcing body shall be the responsibility of this body.

(3) In order to ensure that the creditor is requested to carry out the execution under his/her participation, he shall be notified of the time and place of the execution. If the creditor does not arrive at that date, his/her absence shall take place. In this case, the creditor shall only be notified of any further enforcement requests. If, in spite of a request, the creditor is not notified of the date, a further date has to be accepted by the creditor under his/her participation. "

Section 54b (1) Z 1 reads as follows:

" 1.

the operating creditor has requested execution due to monetary claims, but not to the immovable property, to a superedificor or to a building law, "

8. § 60 shall be amended as follows:

(a) In paragraph 2, the following sentence shall be inserted after the second sentence:

" If it does not result from the protocol made by the operating creditor that the sums transferred by the enforceable body have been transferred directly to the creditor, the court enforcer shall have the appropriate Receipt of receipt ".

(b) The following paragraph 3 is added:

"(3) In addition, the enforcement body shall receive and, if necessary, assess the requests and declarations of the parties related to his act of office."

9. § 68 the following sentence shall be added:

"The enforcement complaint shall be made within 14 days of the knowledge of the execution of the executive order or of the refusal of the act of exectation."

10. In § 71a, the following paragraph 2a is inserted after paragraph 2:

"(2a) The data of a compulsory administration shall be deleted as soon as this procedure and the procedures which have taken place have been valorously ceased."

11. § 87 reads:

" § 87. For the benefit of an enforceable monetary claim, the creditor may, at the request of the creditor, establish a lien on a property of the pledge or on a property belonging to that person, a superedificate or a building law. "

12. § 97 together with the title is:

" Applicability of the compulsory administration

§ 97. (1) For the benefit of an enforceable monetary claim, the compulsory administration of a property, a superedificum or a building law of the pledge may be authorized at the request of the creditor.

(2) By means of forced administration, the uses and income of the exectation object are taken into account. If a forestry or agriculture is operated on the property, the income from this company will also be recorded.

(3) If a lien on the property of the pledge has already been legally valid for the enforceable claim to be brought into effect, it is not necessary to submit a copy of the exectation title.

(4) The compulsory administration has been discontinued within the last year, since the achievement of a profit which could be used to satisfy the creditors who are operating is not to be expected at all, or is not to be expected within one year, the authorization of the compulsory administration shall require the creditor to certify that the achievement of the results which could be used to satisfy the creditors operating the creditor is to be expected. "

(13) § 98 is amended as follows:

(a) The heading is:

"Note in the land register"

(b) (1) is:

' (1) The Court of Appeal has to order on its own that the authorization of the compulsory administration of the property in question shall be recorded in a bookcase, with the indication of the creditor and the creditor being operated (note by the Compulsory administration). If the Court of Appeal is not also the Court of Appeal, the Court of Appeal shall ask for the remark, following the number of copies required. If the compulsory administration has been granted only for parts of a property, this shall be indicated in the note. "

14. In accordance with § 98, the following § 98a and heading is inserted:

" Deliveries

§ 98a. (1) The execution of the execution shall be granted to the creditor and the person who is responsible for the execution of the execution. From the date of notification of this decision to the pledge, legal acts of the pledge which relate to the property drawn in execution and their accessories and which do not belong to the ordinary administration shall be subject to the creditors ' Ineffective. This legal sequence should be pointed out.

(2) The creditor may, at the same time, be charged with the payment of a cost advance within a period of at least four weeks in order to cover the minimum wage of the forced administrator. "

15. § 99 together with the title is:

" Appointment of the Forced Administrator and acceptance of the property

§ 99. (1) As soon as the cost advance has been received, the Executive Court has to appoint a liquidator and agree to the pledge that he/she shall consult each administrative act, in particular any disposition concerning the execution of the execution of the execution. He said that he had to abstain from taking part in the management of the liquidator against his will.

(2) The decision referred to in paragraph 1 shall be the creditor, the competent authority, the administrator and the public bodies responsible for the recovery of the taxes to be paid by the property, including the surcharges, the transfer fees and the charges. other public charges shall be made public, and shall be made public in the Editions file, stating the person of the pledge and the property to be administered. At the same time, the Executive Court has to bear the pledge to hand over the property to the liquidator. If the compulsory administration has been approved with regard to a property share which is not linked to the property of the apartment, the other co-owners must also be notified.

(3) If the pledge does not comply with the order referred to in paragraph 2, the Executive Court may, at the request of the administrator, order the property to be handed over to the liquidator by the executing body for the administration and confiscation of the certificates. "

16. In accordance with § 99, the following provisions shall be inserted together with the headings:

" Obligation of obligation of the pledge

§ 99a. The obligated person has to hand over all documents necessary for the management to the forced administrator and to issue all necessary information. The Executive Court may arrest the pledge at the request of the forced administrator if he/she does not fulfil the obligations persistently and without sufficient reason. Against the pledge, the conclusion of the documents can also be enforced at the request of the Forced Administrator by way of execution (§ § 346, 347). The application shall be filed with the Executive Court.

Postponement of the compulsory administration

§ 99b. Subject to the application of section 14 (1), section 27 (1) and section 41 (2), the forced administration is to be postpone if execution of the same receivable is carried out on recurring monetary claims and the amount payable is payable by the authorities. is expected to be sufficient to eradicate the claim to be introduced, together with additional charges, in the course of a year. "

17. § 100 shall be amended as follows:

(a) the following heading is inserted:

"Accession"

(b) (2) shall be replaced by the following paragraphs:

" (2) If a creditor is granted the compulsory administration of a property for which a liquidator has already been appointed in another compulsory administrative procedure, the executive court shall not appoint a new administrator, but shall not appoint a new custodian. To apply the administration to the newly added creditor.

(3) In addition to the new creditor, the pledge shall also be agreed upon from accession. "

18. § § 101 and 102 together with headings are:

" Obtainability of Forced Administration

§ 101. If the compulsory administration is not requested by the executive court and the compulsory administration is unenforceable in accordance with the status of the general ledger, the court appointed to decide on the executive order shall have jurisdiction if the obstacle can be removed. -to apply to the creditor the operator, within a period to be determined at the discretion of the creditor, to remove the perceived obstacle. After the expiry of that period, the executive order must be dismissed. If the obstacle arises only from the land of land which is decisive for the executive tribunal, the compulsory administration, if the obstacle can be removed, is to cease immediately after the deadline has expired, otherwise immediately on its own account.

Superädifikate

§ 102. (1) In the case of a superaedifice, for which a court has not received a certificate of the acquisition of the property by deposit, the creditor has to assert the property or possession of the pledge and to make it credible by means of documents. In the absence of a certificate of origin, the authority of the executive branch of the enforcement authority and the person's obligation to accept the obligation to make progress on the matter of ownership or possession shall be preceded by the absence of the certificate. After the execution of the execution, the Executive Court shall, on its own account, order immediately the description of the superedifice (§ § 90 et seq.) in favor of the enforceable claim of the creditor of the creditor.

(2) The approved compulsory administration shall be noted in the Protocol on the acceptance of the pawn description.

(3) As soon as the authorization of the compulsory administration has been noted, the approved compulsory administration may be carried out against any subsequent acquirer of the superedificty. "

19. § 103 (1) reads:

" (1) According to the note of the forced administration, as long as the compulsory administration is not legally established, the term of the property, without prejudice to any rights previously acquired, can only be carried out in the course of the forced administration "

20. § 104 shall be amended as follows:

(a) the following heading is inserted:

"Priority of the right of peace"

(b) para. 1, first sentence reads:

" (1) For the priority of the right of the creditor to be satisfied, the date in which the request for the enforcement of the remark has been received by the Court of the Book is decisive, or if the Court of the Book itself is responsible for the authorization of the creditor. Forced administration was the time to apply the application for compulsory administration (§ 29 GBG). "

(c) para. 2 reads:

"(2) In the case of superedificates, the priority shall be determined after the date of the annotation of the authorization of the compulsory administration in the Protocol on the pfandwise description."

21. § 105 shall be amended as follows:

(a) para. 1, first sentence reads:

' During the period of the compulsory administration, if the pledge was to live at the time of the authorization of the compulsory administration on the same subject subject or in the house to be administered, it shall be left to him for a separate unit of residence during the period of the compulsory administration, which shall: has indispensable living spaces for him and for the persons living in the common household. "

(b) para. 2 reads:

"(2) Persons cannot be stopped for the clearance of the apartment, as long as they cannot leave the same without endangering their health."

22. § § 106 to 110 together with the headings:

" Forced Managers

§ 106. (1) As a forced administrator, an unsolicited, reliable and business person is to be ordered, which has knowledge in the management of real estate.

(2) The prospective person must have sufficient knowledge of economic law or business administration or an experienced personality of economic life in forced administrations which cover companies. When the compulsory administration covers a company which is of economic importance in terms of its size, location, economic interdependence or other equally important reasons, a particularly experienced person shall be required to: to use. Requests from the Court of First Instance on these properties must be answered promptly by the authorities and the competent legal representative bodies.

(3) The Forced Administrator shall receive a certificate of order.

(4) A legal person may also be appointed to the forced administrator. It shall disclose to the court the person who represents it in the exercise of the compulsory administration.

Selection of the Forced Administrator

§ 107. (1) The Executive Court shall select a person who is appropriate for each individual case and shall ensure a speedy implementation of the compulsory administration. In particular, the Court of First Instance must take account, in particular, of the existence of a sufficient organisation of the law-and-law organisation and of technical equipment in accordance with the requirements of the law and of the

(2) In the case of the selection, the court shall also take into account:

1.

any special knowledge, in particular the business administration and the law of implementation, taxation and labour law,

2.

the previous activity of the prospective person as a forced administrator and

3.

their professional experience.

(3) none of the persons admitted to the compulsory administrator list shall satisfy those requirements or are not prepared to take over the compulsory administration, or if a person who is more appropriate and willing to take over is not entered in the list, he shall be able to: The Executive Court shall select a person who is not registered in the list of forced administrators.

Forced Custodians

§ 107a. (1) The compulsory administrator list shall contain text fields for the following information:

1.

Name, address, telephone number and fax number as well as e-mail address;

2.

training;

3.

professional career;

4.

entered in a professional list (since when) or type of work experience (since when);

5.

special expertise (in economic matters);

6.

particular knowledge of the management of certain categories of property;

7.

Infrastructure

a)

Total number of employees,

b)

Number of employees with forced administrative practices,

c)

Number of employees with legal training,

d)

Number of employees with business administration training,

e)

appropriate computerised programme,

f)

Liability insurance as a compulsory administrator;

8.

Experience as a forced administrator (in particular number of orders, turnover and number of employees);

9.

the target local area of activity;

10.

for legal persons

a)

Representation in the exercise of the compulsory administration, together with the information according to Z 1 to 6,

b)

Shareholders and economically active participants.

(2) The list of compulsory administrators is to be managed as a generally accessible database by the Oberlandesgericht Linz for the whole of Austria.

(3) Persons who are interested in the administration have to register themselves in the compulsory list of administrators. You can also change the information yourself at any time.

(4) § 89e GOG shall apply.

Independence of the Forced Administrator

§ 107b. (1) The Forced Administrator shall be independent from the pledge and the creditors. He is not allowed to be a close relative (§ 32 KO) and not a competitor of the pledge.

(2) The forced administrator shall immediately notify the court of circumstances which are likely to cast doubt on his independence. In any case, he has announced to the Executive Court that he

1.

the pledge, whose close relatives (§ 32 KO) or representative represents or advises or has done so within five years prior to the forced administration,

2.

represents or advises a creditor of the pledge or has represented or advised an operating creditor against the pledge within three years before the compulsory administration; or

3.

represents or advises a direct competitor or of the proceedings of a substantial person.

(3) If the forced administrator is a legal person, he/she shall also have the existence of a representation or advice pursuant to paragraph 2 (2) (1) to (3) also with regard to the shareholders, the person appointed to represent the outside world and the relevant legal entity. Person involved to disclose to the Executive Court.

(4) The circumstances known by the forced administrator are, if they do not take the court to the occasion, in order to relieve the forced administrator, to forward the parties to the court.

Ordering another custodian-rejuvenation

§ 108. (1) The operating creditor and the pledge may, within 14 days after the date of notification of the decision concerning the appointment of the forced administrator and the circumstances known by the enforced administrator pursuant to section 107 (4) thereof, be revitreated apply. Reasons shall be given for the application for an application. Where this is possible in a timely manner, the decision on the application shall be based on the hearing of the liquidator and, depending on the person of the applicant, the creditor's or the creditor's creditor.

(2) In addition, the Executive Court shall, at any time, for important reasons, have the Enforcement Court of the Enforcement Court of its own motion or upon request.

(3) If the forced administrator of his office is removed, the person refuses to take over the activity or if he otherwise falls away, the court has to appoint a person to the forced administrator on his own account for the reason that he or she has been appointed.

(4) The revelation and the appointment of another administrator shall be made known in the Edits file.

Custodian Business Circle

§ 109. (1) The commercial powers and allowances due to the liquidator in accordance with the law shall enter into force upon the notification of the order decision to the liquidator.

(2) The liquidator shall take all measures necessary for the orderly and advantageous economic use of the property. He is responsible for all the parties involved in the financial disadvantages which he has caused to them in the form of an anti-fraud management of his office.

(3) The forced administrator shall have the power of his order to collect all uses and income as well as the operating costs from the administered property and to acknowledge it. It may carry out all legal transactions and legal acts and make all the actions necessary for the execution of the compulsory administration, including, in particular, an action for the omission of culpably damaging effects.

Invitation to third persons

§ 110. The liquidator shall require third persons to whom benefits are to be provided to the pledge, who are considered to be the income of the administered property, to be issued with a copy of the order of order, to the liquidator to the be paid. After the administrator's request to make payments only to him, these can no longer be valid on the pledge. This should be pointed out in the invitation. In the case of previous payments of a debt to the pledge, the third party shall be exempted, unless the forced administrator proves that the forced administration was known to the third party at the time of payment. "

23. § 111 is amended as follows:

(a) the following heading is inserted:

"Lease and lease contracts"

(b) para. 1, first sentence reads:

"The authorization of the compulsory administration shall be without influence on the lease and lease agreements existing in the basic book on the basis of the note of the compulsory administration."

(c) the last sentence of paragraph 1 is repealed

(d) In paragraph 1, the sales designation "(1)" .

(e) paragraph 2 is repealed.

24. § 112 is amended as follows:

(a) the following heading is inserted:

"Legal transactions subject to authorisation"

(b) (1) is:

" (1) The liquidator shall require the approval of the executive court in the case of dispositions which are not part of the ordinary administration, in particular:

1.

the conclusion of leases which are concluded for a longer period of time than the probable duration of the compulsory administration,

2.

for the leasing of the property or individual parts thereof, and

3.

for the leasing of individual or all of the characteristics of the property by public auctioning; the auction shall be the responsibility of the executing body in accordance with § § 277 et seq. "

(c) para. 2 reads:

"(2) In so far as this is possible in a timely manner, the granting of such consent shall be presumed to have been received by the creditor and the pledge of the creditor."

§ § 113 to 117 shall be replaced by the following provisions:

" Remuneration of the Forced Administrator

§ 113. (1) The liquidator shall be entitled to a remuneration plus VAT as well as to the replacement of his cash outlays. The remuneration shall be calculated according to the extent, difficulty and care of its management.

(2) The Executive Court may, at any time, authorise the liquidator to withdraw appropriate advances from the event of his or her application.

Remuneration of the Forced Administrator for the management of real estate

§ 113a. In the case of the compulsory administration of real estate used by renting or leasing, the remuneration is usually 10% of the gross amount paid in the case of rent or lease. It is not only at least 500 euros in this case.

Increase or decrease of the remuneration of the forced administrator

§ 113b. (1) The remuneration shall be increased, in so far as this is necessary in the light of exceptional circumstances, and in particular with regard to:

1.

the size and difficulty of the procedure,

2.

the special effort involved in the processing of work conditions, complex stock, work and other legal relationships, as well as the completion of construction projects and the taking of major repairs,

3.

the particular effort involved in the examination of extrition claims and priority pledge rights; or

4.

the particular success achieved for the creditors.

(2) The remuneration shall be reduced to the extent that this is necessary in the light of exceptional circumstances, in particular with regard to:

1.

the simplicity or brevity of the procedure

2.

the absence of workers at managed undertakings

3.

the fact that the forced administrator has been able to rely on existing structures of the forcibly managed company, or

4.

the fact that the success achieved was not due to the work of the forced administrator, but to the services of the pledge or third party.

Supervision of the management of the administrator

§ 114. (1) The Executive Court shall monitor the activity of the liquidator. It may give instructions to him in writing or orally, to obtain reports and explanations, to inspect invoices or other documents and to carry out the necessary surveys.

(2) If the liquidator does not comply with his or her obligations or does not comply in good time, the court may, in order to fulfil his obligations punishable by financial penalties, hold him or her in urgent cases at his or her costs and at risk of concern for individual cases. Order a special custodian.

(3) In the event of complaints from the creditors involved, the pledge, co-owners of the administered property against individual measures or the conduct of the liquidator, the Executive Court shall decide upon the hearing of the liquidator and the administrator. of those persons for whom this decision is of concern.

Accounting

§ 115. (1) The liquidator shall have to take account within 14 days of the closure of each accounting year and after the end of the administration. The first accounting year shall run until the end of the calendar month in which the order has been placed. The executive court may order otherwise. In the case of administrations of shorter duration than the end of the year, account must be taken only at the end of the administration. The liquidator shall, without delay, invest the funds resulting from surpluses in return for the best possible and most effective way. The court may determine that the liquidator has to impose the yield surpluses in court. In this case, the Court of First Instance has to determine the periods in respect of the dates of maturity of property income.

(2) The accounts have to be made by means of the presentation of an invoice provided with the necessary documents.

(3) The liquidator defaulting on the accounts shall be subject to financial penalties and deductions from the remuneration for the administration in order to carry out his duties.

Decision on accounting

§ 116. The Executive Court shall have the opportunity of giving the creditor and the creditor an opportunity to comment on the bill laid down by the enforced administrator, inasmuch as a certain period of time has been set. A daily rate is to be set up on any such tax arrangements. The persons who have not applied any tax shall be deemed to be properly recognised as having the invoice. This legal order shall be announced in the invitation to submit the statement.

Decision on the invoice

§ 117. (1) The invoice shall be approved by the Executive Court if there are no objections to it after the outcome of the examination.

(2) The person who has not applied any tax shall not be subject to the recalculation of the decision on the administrative bill.

Payment of remuneration

§ 117a. (1) At the same time, the compulsory administrator shall be entitled to claim payment of remuneration and cash outlays with the accounting.

(2) On the basis of the claim of the forced administrator, the Executive Court has to decide jointly with the decision on the invoice after the creditor and the creditor have been accepted by the executive. If a decision is taken against the decision, the notice or a copy of the protocol to be replaced shall be sent to the other persons entitled to the right of resettlement. Within 14 days from the date of delivery of the recourse, these can be given a reply. A reimbursement of expenses shall not take place in the recourse procedure. "

26. § 118 is amended as follows:

(a) the following heading is inserted:

"Compliance with the obligation to invoice"

(b) (1) is:

"(1) In order to fulfil the orders granted to the liquidator in the clearance of the accounts by the Executive Court, the Executive Court shall, by way of financial penalties, be able to penetrate through deductions of the agreed remuneration or by restraint thereof."

(c) the first sentence of paragraph 2 is:

" The liquidator shall be entitled to a final sentence imposed by the liquidator on the basis of his/her remuneration, or on the sum due to him as cash outlays, if this would be unenforceable or would not have been a complete success, by execution on the Assets of the liquidator. "

27. § 119 (2) to (4) are:

" (2) These events include all the benefits and income of the property which are due to the pledge, the execution of the execution, and the income of the property, in particular:

1.

the fruits obtained after the compulsory administration's remark,

2.

the fruits already segregated at the time of the remark and on the property;

3.

the income already due, but not yet paid, at that date; and

4.

the income which is due only after the compulsory administration has been repaid.

(3) If any fruits or income have already been paved by creditors of the pledge before the compulsory administration, only the remaining part of the rectification of the pledge, together with the additional fees, shall be part of the administrative events.

(4) The compulsory administration does not collect items and income which have been transferred prior to the compulsory administration's remark. In the event of a pledge and of a pledge or a concession to ensure the security, the remaining part of the administrative events shall be heard after rectification of the pledged or secured claim, together with the additional fees. "

Section 121 (2) reads as follows:

"(2) For the other payments referred to in Article 120 (2) (5), the order of precedence itself shall be determined by the order of precedence itself, according to the basic book status or the content of the Protocol on the pfandwise description."

29. In § 122 the second sentence reads:

' However, the Court of First Instance may, on application during the course of an accounting period, after an interim invoice, or, if the initiation of a special distribution negotiation is due to the existence of a sufficient means of payment, such distributions may, on request, be made available on request. The Court of First Instance does not consider that the annual yield surpluses appear to be inappropriate and that the rights of creditors do not suffer as a result of such postponement, either on request or on its own account only after a number of periods have been cancelled. "

30. § 123 together with headline reads:

" Distribution replacement

§ 123. (1) In order to negotiate the distribution, the court shall have a meeting sentence to be held. In addition to the pledge and the creditor, all persons shall be charged for which, in accordance with the evidence available to the courts, cash benefits shall be provided on the property or on the rights of the property which are liable to the property. are mandatory requirements and rights.

(2) The distribution policy is to be made public in the Edits file. "

31. § 124 is amended as follows:

(a) The entry rate shall be:

"In accordance with the requirements referred to in § § 120 and 121, the following order shall be corrected in accordance with the order referred to in § § 120 and 121:"

(b) Z 1 is:

" 1.

the claims of the liquidator for remuneration and the replacement of the cash outlays, insofar as they are not already covered by the advances granted (§ 113);

32. The following heading is inserted before § 125:

"Tilgung of the receivable requirement"

33. The following heading is inserted before § 126:

"Distribution of the remaining yield surpluses; Hyperocha"

34. § 127 with headline reads:

" Request notification

§ 127. (1) The claims shall be taken into account in the distribution only as a result of the applicants ' registration. However, the claims to which the compulsory administration has been granted shall be included in the distribution of the claims.

(2) In the notification, the claimed amount to be assigned from the surpluses of the yield shall be indicated. § 210 shall apply mutatily. "

The following sentence shall be added to Article 128 (4):

"Section 212 (2) and section 214 (2) of the first half-sentence shall apply mutatily."

36. § 129 (1) to (3) are:

" (1) The compulsory administration shall be stopped by its own motion or at the request of the pledge, if all the claims, together with the additional charges, have been paid, and the compulsory administration has been authorized to bring them in.

(2) The Executive Court shall order the cessation of the Forced Administration on its own account or on request if the continuation of the Forced Administration would require special costs which are not disputed from the income of the property. , and the creditor does not presume the necessary amount of money, or if, in the circumstances, the achievement of a profit which could be used for the satisfaction of the leading provider of the creditor is not at all, or not to be expected within a year, or even 25% of these events the current interest of the capital being operated.

(3) The appointment shall be presumed to have been received by the parties and the liquidator. "

37. § 130 is amended as follows:

(a) the following heading is inserted:

" Understanding of the cessation of forced administration-consequences of the cessation of forced administration "

(b) (1) is:

" (1) From the cessation of a compulsory administration shall be the pledge and the operating creditor as well as after the entry of the legal force of the liquidators the public bodies referred to in § 99 (2) and the co-owners of the property mentioned there "

(c) the last sentence of paragraph 2 is:

"A balance resulting from the final invoice shall be released to the pledge, provided that the creditor does not request otherwise with the consent of the creditor."

38. § 131 together with the title is:

" Administration of superädifikaten, property shares and non-intimidated properties

Section 131. (1) As far as the law does not determine anything else, the provisions on the compulsory administration of properties shall also be related to the compulsory administration of superedificates, building rights and individual property shares.

(2) Where an execution is carried out on a property which is not entered in the land register, the provisions relating to superedificates shall apply in the same way. "

39. § 132 together with the headline is:

" Recourse

§ 132. Against the decisions referred to in § § 99 and 100, and against the decisions, by which:

1.

the bookish note of the introduction of the compulsory administration is ordered (§ 98),

2.

another forced administrator is appointed (§ 108) and

3.

the date of distribution of surpluses is determined (§ 122) and against

4.

the decisions taken pursuant to Section 114 in the context of the supervision of the management of the liquidator, with the exception of the decision to impose a fine,

a recourse does not take place. "

40. § 134 is amended as follows:

(a) The first sentence reads:

"In the case of a superaedifice, for which a court has not received a document on the acquisition of the property by deposit, the creditor has the property or possession of the pledge to assert and to make it credible by documents."

b) In the last sentence, after the words "from officals" the word "immediately" inserted.

41. § 138 (1) third sentence reads:

"In the case of superedificates, the date of the remark of the auctioning approval shall be determined by the protocol on the pfandwise description."

Section 140 (2) reads as follows:

' (2) The expert has the documents required for the estimation of other authorities relating to the property to be aucted, in particular the unit value, the basic amount of the tax and (levies) modest with a dinger effect. at the time. The obligated person shall submit all necessary documents to the expert and give all necessary information. The authorities shall be obliged to release the documents. "

43. In § 141, the following paragraph 3a is inserted after paragraph 3:

" (3a) Closed house and residential doors may also be opened if the property is inhabited by a third party and the doors are closed at the time of the estimate given to the third party. § 26 and Article 26a (2) and (3) shall apply mutatily. "

44. § 143 is amended as follows:

(a) (1) the following sentence is added:

"In the estimation, account shall also be taken of the amounts which are modest on the basis of taxes (levies) on the property of the property."

(b) In paragraph 4, in each case by the word "Condominiances" the words "or shares of different undertakings in a property, a superedificity or a building law" inserted.

45. The previous content of § 144 is given the sales title (1); the following paragraph 2 is added to it:

(2) Where a service is established on the property which serves the purpose of the energy supply, the person entitled from the service may irrevocably declare within 14 days from the date of notification of the estimate that he/she is responsible for the transaction The service is to be paid without taking into account the Meistbot and is willing to pay the value of the serviceability determined by the expert. "

46. § 146 shall be amended as follows:

(a) In paragraph 1, the following Z 3a shall be inserted after Z 3:

" 3a.

The shares of a property, of a superedificor or of a building law shall be auctioned in conjunction with shares which are entitled to another pledge arising from a related procedure, "

(b) para. 2 reads:

" (2) The application referred to in paragraph 1 (1), (3) and (3a) shall be submitted at the latest within the time limit open to the benefit of the cost advance for the estimate of the property, the application referred to in paragraph 1 (2), (4) and (5) at the latest to 14 days after the date of the announcement of the estimate. "

47. According to § 146, the following § 146a together with the heading is inserted:

" Accessories

§ 146a. (1) If items of the accessory have been paved in the course of an execution on movable physical property, the executive court responsible for the forced auction shall, on its own account or on request with a decision, have the property of the accessory to determine. With the entry of the legal force of this decision, the lien shall be granted to those movable physical objects which are accessories. Prior to the decision, the operating creditor of the executive proceedings shall be heard on movable physical property and the creditor of the foreclossive procedure.

(2) Where the goods have been paved by the tax office or by the managing authority, the Authority shall be required to submit an opinion before the decision.

(3) The court or authority which has carried out the execution on movable property shall also be notified of the entry of the legal force of the decision referred to in paragraph 1. "

48. § 147 (3) is repealed.

49. § 148 shall be amended as follows:

(a) The following paragraph 2a is inserted after paragraph 2:

" (2a) For the highest bidder on the auctioned property, a lien shall be issued at the date of the auctioning of the vadium to the extent to which the mortgage-insured person shall be entitled to the right of the highest bidder to the extent of the vadium. Demand for the Vadium is expected to provide cover. "

(b) In paragraph 3, the referral " according to § 147 (3) "

50. In § 150, the following paragraph 1 (1a) is inserted:

" (1a) Services which are used for the energy supply of a line shall also be taken on the Meistbot without crediting, even if the person entitled to the service has declared irrevocable, the value of the Serviceability to pay. "

51. In accordance with § 152, the following § 152a and title shall be inserted:

" Takeover amount for serviceability to line-bound energy supply

§ 152a. (1) The amount to be paid for the assumption of a serviceability which is used for the transmission of energy supplies shall, within two months, be replaced by the legal force of the award of the award in court. He is to be assigned to the Meistbot and to distribute it with this.

(2) If this amount is not paid in due time, it shall be determined by its own motion by decision of the Executive Court. The amount determined is to be galvanissed at 4%. In order to bring it into effect, the decision will take place in accordance with the legal force of the decision. This may be requested by the creditor and by any other person who has been given the opportunity to the Meistbot to the executive court, and may be carried out in favour of the distribution mass. "

52. In § 170 the following Z 8a is inserted after Z 8:

" 8a.

Statements pursuant to § 144 (2), "

53. § 176 is amended as follows:

(a) In paragraph 2, after the words: "on request" the words "the operator of the creditor or of a bidding person" inserted.

(b) In paragraph 2, the following paragraph 3 is added:

" (3) Closed house and residential doors may also be opened if the property is inhabited by a third party and the doors are closed at the time of the visit, which was disclosed to the third party. § 26 and Article 26a (2) and (3) shall apply mutatily. "

The following sentence shall be added to section 196 (1):

" The overbot will take effect if the security offered is provided. This is to be proved to the court. If the provider fails to provide the security, a penalty of up to EUR 10 000 shall be imposed on him. "

55. § 197 first sentence reads:

"Of the highest overbot, for which a security has been put forward, the creator is to agree."

56. § 203 with headline reads:

" Priority of other executive types

§ 203. Subject to the application of section 14 (1), section 27 (1) and section 41 (2), the auction procedure shall be postpone if execution of the same receivable is carried out on recurring monetary claims and the amount payable shall be subject to the is likely to be sufficient to eradicate the claim to be brought together with additional charges in the course of a year, or that the execution should be carried out on movable physical property, and the pledged property is expected to be subject to the receivable claim will be covered. "

Article 253 (1), last sentence reads:

" If the pawn is not kept, the pledge shall be made in a manner which is easily recognisable for everyone by stifling marks or, if this is not possible or not sufficient, by affixing the confespations to the appropriate Place where you specified what was paved to make it visible. "

58. § 272 with headline reads:

" Auctioning Date

§ 272. (1) The auctioning date shall be determined

1.

the auctioneer ordered to carry out an auction,

2.

the head of the auction house at auction in an auction hall or

3.

otherwise the enforcement body responsible for the enforcement of auctioning.

(2) From the date of auctioning and the place of auctioning, the pledge and the creditors shall be notified by service of a copy of the Edict. This cannot be done unless the pledge and the creditor of the auctioning date and the place of auctioning have already been announced at the time of the seizure, and the information is to be confirmed. "

59. In accordance with § 272, the following § 272a shall be inserted with the title:

" Auctioning Dict

§ 272a. (1) The auction shall be made known by Edict.

(2) In the edict the items to be aucised are to be described; it must also be stated

1.

the place of auctioning or, in the case of an auction on the Internet, the Internet address; in the case of an auctioning at the place of enforcement, also the name of the pledge,

2.

the date of the start of the auction, and

3.

whether, where appropriate, when and where the items to be auctioned can be visited prior to the auction.

(3) In the case of an auction on the Internet, the date on which the auctioning begins and the time limit within which the bids are allowed shall be indicated.

(4) The auction in an auction house or auction hall may, as the date on which the auction is commenced, also be set at a time when the auction of items of several sales procedures will take place as a result of the auction. The Auctioneer or Auction Hall shall inform the Executive Court of the date of the commencement of the auction.

(5) The notice of auctioning in the Edits file may not be published if:

1.

are published by the auction house Newsletter, which appeal to a larger buyer circle, or

2.

in the case of an auction on the Internet, it is to be expected that a large group of interested parties will be contacted. "

Section 273 (1) reads as follows:

" (1) A period of at least three weeks between the seizure and the auctioning shall be a period of at least 14 days between the notice of the auctioning dictation and the auctioning. An abbreviation of these periods shall be permitted where circumstances exist, on the basis of which the sale of the pledge may be permitted under section 266 of the pledge before legal force of the seizance permit, or where the longer retention of the deposit is disproportionate Costs would be caused. "

(61) § 274 is amended as follows:

(a) (1) and (2):

" (1) The auction may take place

1.

on the Internet,

2.

in the auctioning house,

3.

in the auction house or

4.

in the place where the groomed objects are located.

(2) The enforcing body shall determine the place of auctioning. This should be taken into account, where it is expected that the highest income will be achieved and what costs will be incurred. In the case of objects of great value, in the case of gold and silver items or other treasures, in the case of art objects, stamps, coins, high-quality furniture pieces, collections and the like, the auction shall in particular be made in an auction house or on the Internet. If it is clear that the proceeds of the items will be lower than the costs of the transfer, the safekeeping and the auctioning, the items shall not be transferred to the auction. In order to carry out an auction on the Internet, the executing institution has to appoint a auctioneer. This is to be foreseen if the costs incurred exceed half of the estimated proceeds. "

(b) According to paragraph 4, the following paragraph 5 is added:

"(5) The enforcement body may use only those auctioneers who are responsible for the auctioning of the Internet by the provisions of this Act."

(62) § 274a is amended as follows:

(a) The heading is:

"Advance for the costs of transport, sales custody and the auctioneer"

(b) (1) is:

" (1) The executing institution shall require the creditor to obtain a cost advance for the transfer, the safekeeping and the switching on of a auctioneer. If the goods are in the court rule in which they are to be auctioned or are to be kept for auction on the Internet, or if they are to be held in another sprinkle, but in the same place where the court is located, In order to be auctioned or for auction on the Internet, a cost advance for the transport can only be required if the cost cannot be expected. "

§ 274c reads:

" § 274c. (1) The visit of the pawn is to be made possible for the sales interests. This can be done in the case of auctioning on the Internet.

(2) The pledge shall be transferred from its own office in such a timely manner that it may be issued for inspection. The date of the transfer shall be notified to the parties as soon as possible upon the announcement of the auctioning date. "

Section 274d (1) reads as follows:

" (1) The executing institution shall transfer the plea for auction and hand it over to the Auctioneer or Auction Hall. Where a carrier or a auctioneer is used for the transfer, the enforcement body shall be responsible for handing over only the goods to the consignment. "

Article 275 (5) reads as follows:

" (5) Only a general court expert may be appointed to the expert; in the case of the auctioning of objects in accordance with Article 274 (2) in an auction house, also a recognized, constantly from the auctioning house Drawn expert. Items of housing and other objects of lesser and generally known value are to be estimated by the executing institution. "

66. § 276 (1) reads:

" (1) The objects to be paved shall be by the executing institution, at the auction in the auctioning house by a staff member of the auctioning house and at auction on the Internet by a auctioneer or by the Enforceable organ. "

67. According to § 277, the following § § 277a to 277c shall be inserted together with the headings:

" Special provisions for auctioning on the Internet

§ 277a. (1) The paved objects shall not be offered on the Internet until they are

1.

, and

2.

are in custody or in the custody of the goods, or otherwise guaranteed, that the objects can be handed over to the creator.

(2) If several items are to be aucuted and it is to be assumed that the proceeds of some items to satisfy the enforceable claims of all creditors leading by means of sales and to cover all anceshare these claims as well as the costs of the execution are sufficient for the time being only to be increased; § 279 para. 1 is not applicable.

(3) In the case of auctioning, please state:

1.

the object to be stiffened,

2.

the slightest bid,

3.

the estimated value and the operational suitability of the item under the estimate,

4.

a deadline by which time bids are admissible. This period shall not exceed seven days and shall not exceed four weeks,

5.

the indication of whether the person who is the first person may ask for a dispatch of the goods at his expense,

6.

the address of the place of storage of the item and an indication of whether and when it can be visited,

7.

an indication of the exclusion of warranties and the absence of a right of withdrawal and the dispatch at the risk of the first person, and

8.

an amount exceeding the estimated value by a quarter, indicating the possibility of an instant knot according to § 277b.

(4) The notice shall be followed by a description and at least one photograph of the deposit and an existing written appraisal.

Instant Purchase

§ 277b. As long as no bid has been made, the item may be purchased at auction on the Internet at a price which exceeds the estimated value by a quarter, in the event of an auction being taken. The buyer shall be awarded the contract.

Cancellation of the auction

§ 277c. In the event of an auction on the Internet, the Auctioneer shall have to comply with a request from the court or enforcement body for the cancellation of the auction until a bid has been made. "

(68) § 278 (4), first sentence reads:

" If the highest bidder does not lay down the purchase price to be paid in cash immediately, otherwise until the end of the auction, the auction may, on the basis of the bidding bid preceding the bidding bid of the highest bidder, be If this is not possible in the circumstances, otherwise it will be possible to re-open the case at a new date. "

69. In accordance with § 278, the following § 278a together with the heading is inserted:

" Bid for auction on the Internet

§ 278a. After the expiry of the auctioning period, the contract shall be awarded to the person who has delivered the highest bid on the expiry of that period. The first person shall be informed of the award of the award. He is not entitled to warranty because of a lack of the matter. "

70. § 280 (1) first sentence reads:

" The auction house and the auction house may, on its own account, within one month for items for which the lowest bid was not made at the auction, within three months after the date of article 274 (2), within three months of the date of the auction. Auctioning date to buyers who are in the auction house or in the auctioning house, without the parties 'understanding of the parties' selling out of the free hand. "

71. In accordance with § 281, the following § § 281a and 281b shall be inserted together with the headings:

" Dispatch and exclusion of the same

§ 281a. (1) The shipping costs for the dispatch of the item auctioned on the Internet shall be borne by the Ersteher. The ersteher shall be notified of the shipping costs; he has to pay the Meistbot together with the shipping costs within 14 days. After receipt of payment, the object shall be sent at the risk of the heir.

(2) If the enforcing body is responsible for auctioning, it may exclude the transfer to the creator if it requires a considerable effort. The exclusion is to be announced to the parties if possible when the auctioning date is announced.

(3) If the consignment is excluded or if the ersteher desires the self-recovery, it shall, within 14 days from the agreement of the award of the award, collect the object against payment of the Meistbots.

Unfetched items

§ 281b. If, in the case of an auction on the Internet, the heist is defaulted on the pick-up or payment of the chisel and the transport costs, the object shall be offered again. § 278 (4) sentences 2 and 3 shall apply. "

(72) § 282b is amended as follows:

(a) The heading is:

"proceeds from auctioning by a auctioneer"

(b) (1) is:

" (1) The Auctioneer shall inform the executing institution of the outcome of the auction. Within four weeks of auctioning or sale, he shall transfer the proceeds of the proceeds minus his/her expenses. The statutory default interest shall be payable for subsequent payments. "

73. § 285 (3) third sentence reads:

" The creditors shall at the same time be called upon to declare their claims in respect of capital, interest, costs and other additional claims before or at the date of the meeting. In order to do so, they shall submit the documents serving their claims, if they are not already in court, at the latest in the case of the date of the meeting in the original or the copy. Otherwise, their claims shall only be taken into account in the distribution insofar as the execution has already been authorized by auction in their favour. A subsequent cessation of the sales procedure and the postponement of the execution due to a payment agreement according to § 45a prevent a consideration as well as the fact that the paved objects were not found for the time being and, at the request of another creditor, the auction of the items found later, or that the lowest bid was not made for items at auction and subsequently at the request of another operating creditors have been auctioned off the items. The creditors are to be lecturing on this in the invitation. "

The following sentence shall be added to section 355 (1):

"In a decision imposing a fine or a prison sentence, the reasons for determining the amount of the penalty shall also be given."

§ 358 reads as follows:

" § 358. (1) The creditor has to send the application for the execution of the execution and every application at the same time to the pledge directly; this consignment must be noted on the piece of the pleadings which has been handed over to the court. In the event of incorrect information, the Court of First Instance shall impose on the creditor the creditor, with regard to the particular circumstances of the individual case, a penalty of courage to be measured.

(2) Where there is no risk of default, the Court of First Instance shall, before the imposition of financial penalties, give the pledge an opportunity to comment on the grounds of criminal law, if not an opinion on a substantially similar request is notorious. The pledge may be raised against the amount of a penalty if it has not been heard before the decision is taken. § § 397 f shall apply mutaly to the objection. "

§ 363 reads:

" § 363. If the imposition of a penalty is likely to be incurred by the creditor, he shall replace all the assets that are caused by the pledge to the pledge. Section 54f (2) shall apply mutasensitily. "

§ 371 Z 2 reads:

" 2.

on the basis of the payment orders referred to in § 1 Z 2 ".

78. In accordance with § 409, the following § 410 and title shall be added:

" Entry into force and transitional provisions on EO-Novelle 2008

§ 410. (1) The EO-Novelle 2008 shall enter into force on 1 March 2008, unless otherwise specified in the following.

§ § 22a, 25 (2) and (3), § 25b (2a), § 26a, 32, 60 (2) and (3), § § 68, 140 (2), § 141 (3a) and 4, § 143 (1) and (4), § 146 (1) Z 3a and (2), § 147 (3), § 148 (2) and (3), § 176 (2) and (3), § 196 (1), § 197, § 203, § 253 Paragraph 1, Section 275 (5) and Section 278 (4), as amended by the EO-Novelle 2008, shall also apply to executive proceedings pending at that time.

(3) § 1 Z 2 and 13, § 54b (1) Z 1, § 71a (2), § 87, 97 to 119, 121 to 132, 134, 138 (1), § 144, 150 (1a), § 152a, § 170 Z 8a, § 355 (1), § 358, 363 and 371 Z 2 in the version of the EO-amendment 2008 are to be applied if the Request for an executive order after 29 February 2008 in court.

(4) § 272, § 273 (1), § 274 (1), (2) and (5), § § 274a, 274c, 274d para. 1, § 276 (1), § 277a to 277c, 278a, 281a, 281b and 282b are to be applied if the auctioning effect is issued after 29 February 2008.

(5) § 146a in the version of the EO-Novelle 2008 is to be applied if the pledge is made after 29 February 2008.

(6) § 285 (3) in the version of the EO-Novelle 2008 is to be applied when the Edict is issued on the Distribution Meeting after 31 December 2007.

(7) § 278 (4) and 280 (1) in the version of the EO-Novelle 2008 are to be applied if the auctioning takes place after 29 February 2008.

(8) The announcement in § 99 of the Edikts file as well as § 108 (4) and § 123 (2) in the version of the EO-Novelle 2008 will enter into force on 1 July 2008.

(9) Requiring a large number of auctions on the Internet to draw up one or more permanent auctioneers, the President of the Higher Regional Court shall take the necessary steps. "

Article II

Amendment of the law on the law of enforcement

The law on law enforcement, BGBl. I n ° 31/2003, as last amended by the Executive Order-Novelle 2005, BGBl. I No 68/2005, is hereby amended as follows:

1. § 1 is added to the following paragraph 3:

"(3) A request for a new implementation within the meaning of paragraph 1 is in particular any application for execution in the cases of § 252d paragraph 1 Z 2 and 3 EO, but not in the case of § 14 para. 2 Z 3 EO."

2. § 3 (1) Z 3 reads:

" 3. § § 8 to 10 as well as 12, 13 and 21 para. 1 to 3 GGG on the freedom of fees, "

§ 8, the title of which remains unchanged, reads:

" § 8. For the inclusion of each asset, the remuneration shall be 2 euros. "

4. In Section 11 (5) the amount shall be "50" by the amount "70" replaced.

5. § 18 reads:

" Delivery

§ 18. The remuneration for the delivery of documents and their attack in the house shall be 2 euros. "

6. § 19 shall be amended as follows:

(a) In paragraph 1 (1), the amount of "75" by the amount of "95" replaced.

(b) In paragraph 1 (2), the amount of "1,20" by the amount of "1,40" replaced.

(c) In paragraph 1 (3), the amount of "1.80" by the amount of "2" replaced.

(d) In paragraph 1, z 4 lit. a shall be the amount of "2,50" by the amount of "2,70" replaced.

(e) In paragraph 1 Z 4 lit. (b) the amount of "3" by the amount of "3,20" replaced.

7. § 26 receives the sales designation "(2)" ; it shall be preceded by the following paragraph 1:

" (1) The enforcement area of a court enforcer also includes parts of a sprint of a district court which is not his place of duty, but this district court itself is outside its enforcement territory, so fees are charged to him for arrival and departure from its place of service to this district court in the framework of enforcement activities travel fees according to the RGV. "

8. § 29 together with the title shall be repealed.

9. In accordance with § 33, the following § 34 with headline is inserted:

" Entry into force and transitional provisions on EO-Novelle 2008

§ 34. (1) § 1 (3) and § 3 (1) (3) (3), as amended by the EO-amendment 2008, shall apply if the application for executive order or the application for a new implementation is received by the court after 29 February 2008.

(2) § § 8, 11 para. 5, § § 18, 19 Abs 1, § § 26 and 29 in the version of the EO-Novelle 2008 are to be applied if the official act is carried out after 29 February 2008.

Article III

Amendment of the Court Fees Act

The court fee law, BGBl. No. 501/1984, as last amended by the Company Law Amendment Act 2007, BGBl. N ° 72/2007, is hereby amended as follows:

1. In § 2 Z 7a, after the word " List of insolvency administrators " the words " or compulsory administrator list " inserted.

2. In tariff post 14 Z 7, according to the words "List of insolvency administrators (§ 15 of the Insolvency Law Introductory Act)" the words "or compulsory administrator list (§ 107a EO)" inserted.

3. In Art. VI the following Z 30 is added after Z 29:

" 30.

§ 2 and subheading 14 in the version of the Executive Order-Novelle 2008, BGBl. I n ° 37/2008, enter into force on 1 March 2008.

Fischer

Gusenbauer