Key Benefits:
111. Federal Law, with which the Code of Lawyers, the Notarial Code, the Appeal Bill of Appeal, the Disciplinary Statute for Lawyers and Lawyers, the EuRAG, the Law of the Court of Justice, the Law of the Court of Justice, the Law of the Court of Justice, the Law of the Court of Justice, the Notariatsaktsgesetz, the Notariatt-Examination Act, the Law on Lawyers, the Law on Law of Lawyers, the Fees Claims Act 1975, the SDG and the Non-Striking Act are amended (Berufsrechts-Amendment Act 2008-BRÄG 2008)
The National Council has decided:
Article I
Amendments to the Rules of Lawyers
The law of law, RGBl. No. 96/1868, as last amended by the Federal Law BGBl. I No 93/2006, is hereby amended as follows:
1. In § 1
(a) the following paragraph 1a is inserted:
" (1a) As far as the names referred to natural persons in this Federal Act are listed only in male form, they refer to women and men in the same way. The use of the designation for certain natural persons shall be subject to the gender-specific form. '
(b) para. 2 lit. c:
| " (c) |
the conclusion of a course of study under Austrian law (§ 3); " |
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(c) shall be referred to in paragraph 2. f the word "Mediation Training" through the phrase "in the field of civil proceedings and out-of-court dispute resolution" replaced.
2. In § 1a
(a) the following sentences shall be added at the end of paragraph 1:
" For the Rechtsanwalts partnership and the company with limited liability, the entry in the company's book is a prerequisite for the registration in the list of lawyers ' companies. It shall be established to the Committee of the appropriate Chamber of Lawyers. "
(b) noisy para. 4 and 5:
" (4) The entry in the list shall be refused or deleted by the committee if it is found that the requirements of § § 21a or 21c are not or are no longer available. § 5 (2), second sentence and § 5a are to be applied in a reasonable way. To the extent that there is no risk of delay, the Committee of the Company may, prior to its deletion, grant a period of six months not to exceed a period of time equivalent to that of the law. The company's book court must be notified of the deletion of the registration (§ 13 FBG).
(5) In order to register a lawyer's partnership or a lawyer's company in the legal form of a limited liability company as well as for any other registration in the company's book relating to such a company, the presentation of a declaration by the competent Bar Association that there is no objection to this registration. In the event of a breach of the registered office of the company, the Chamber of Lawyers shall be responsible for issuing the declaration in which the seat shall be laid. An objection shall be made only if the intended registration is contrary to the law; § 5 (2) second sentence and § 5a are to be applied mutagenently. "
3. § 2 para. 1 third and fourth sentence are:
" The practical use of a lawyer is only creditable to the extent that this activity is carried out as a main occupation and without impairment by another professional activity; in this respect, periods of statutory leave shall also be creditable to the lawyer. or the prevention of illness, accident or any prohibition of employment under the Maternity Protection Act. In the case of the reduction of the normal working hours in accordance with § 14a and 14b of the AVRAG or the Act on the Protection of Persons with Disabilities for Beneficiaries and in the cases of part-time employment under the Maternity Protection Act or the The Fathers Karenz Act is to be set on the training period to which the normal working time has been reduced. "
4. In § 2
(a) shall be referred to in paragraphs 1 and 2 after the word "Court" the phrase "or a prosecutor's office" inserted;
(b) in paragraph 3, after the word "Court" the twist ", a prosecutor's office" inserted.
5. § 2 para. 3 Z 1 reads:
| " 1. |
Periods of a university education following a study of Austrian law (§ 3) up to the maximum extent of six months, if this has been achieved in the context of a further academic degree of law; " |
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6. In § 2 para. 4, first sentence, the word order shall be " The conclusion of the in § 1 para. 2 lit. (c) studies mentioned through the phrase "Completion of a course of study under Austrian law (§ 3)" replaced.
7. § 3 reads:
" § 3. (1) The study of Austrian law required for the exercise of the legal profession must be completed at a university and concluded with a legal academic degree, with several studies also (§ § 54 et seq. University Act 2002). The duration of the study period has to be at least four years with a workload of at least 240 ECTS credits (§ 51 paragraph 2 Z 26 University Act 2002).
(2) In the course of the studies referred to in paragraph 1, an appropriate knowledge of the following fields of knowledge shall be acquired:
| 1. |
Austrian civil law and Austrian civil procedural law, |
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| 2. |
Austrian criminal and criminal procedural law, |
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| 3. |
Austrian constitutional law, including fundamental and human rights and Austrian administrative law, including the administrative procedural law, |
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| 4. |
Austrian company law, Austrian labour and social law and Austrian tax law, |
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| 5. |
European law; general international law, |
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| 6. |
where necessary, other areas of scientific knowledge and |
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| 7. |
Foundations of law; economic knowledge areas; other fields of knowledge with respect to law. |
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These areas of knowledge must be provided in a manner appropriate to ensuring the legal training required for the exercise of the profession of lawyer. The workload for these areas of knowledge has a total of at least 200 ECTS credits, with at least 150 ECTS credits to be accounted for in the areas of law-related fields of knowledge. Proof of knowledge shall be provided by positive and/or positively assessed written work, including the work referred to in paragraph 4, the subject of the examination or work also being subject to a number of knowledge areas. can be removed.
(3) In the course of the studies, a written, positively assessed work must also be drawn up, the main focus of which must be on one or more of the areas of law in the legal sciences referred to in paragraph 2 above, and which must be documented in the form of proof of the ability to work independently in law.
(4) A return from one of the nationals of the Member States of the European Union and of the other States Parties to the Agreement on the European Economic Area and the Swiss Confederation at a university and accompanied by: In the case of equivalence, the requirements of paragraph 1 are only equivalent to the degree of equivalence of other legal studies. The equivalence of the training and its contents shall be given if the knowledge and skills of the graduate are the knowledge certified by the completion of a course of study under Austrian law, as provided for in paragraphs 2 and 3. Skills. The examination of equivalence and, where appropriate, its production with only partial equivalence shall be carried out in accordance with the provisions of the first section of the Training and Appeal Examination Bill. "
8. In § 5
(a) shall be inserted after paragraph 1 of the following paragraph 1a:
" (1a) If it is questionable whether the study of Austrian law completed by the applicant is in accordance with the requirements of § 3, the committee may, prior to its decision, at the expense of the applicant, by means of the award of the competent authority pursuant to Section 5 (4) of the ABAG Commission of the Training Examination Board to obtain an opinion of one or more examination commissioners from the circle of university professors (§ 3 paragraph 3 ABAG). "
(b) the word order is deleted in paragraph 5 "to the Oberlandesgericht (Oberlandesgericht), the Supreme Court and the Federal Ministry of Justice and to the Committee, and" .
9. In § 5a
(a) shall be expressed in paragraph 1 of the expression "(§ § 59 et seq. of the Disciplinary Statute 1990)" replaced by the parenthesis "(seventh section of the Disciplinary Statute for Lawyers and Lawyers of Lawyers)" ;
(b) in paragraph 2 (3), the quote shall be: "AVG 1950" by quoting "External Strg" replaced.
10. In Section 7a (3), the quote shall be "§ 21 last sentence" by quoting "§ 21 para. 1 last sentence" replaced.
11. In § 8
(a) the last sentence of paragraph 2 is:
" The professional powers conferred by the Austrian occupational regulations for notaries, patent attorneys, economic hangings and civil engineers , shall not be affected by this.
(b) in paragraph 3, the introductory phrase "In any case, party representatives remain unaffected due to other legal provisions" by the introductory phrase "In any case, the powers granted by persons or associations to factually limited party representation are also unaffected by the other statutory provisions of Austrian law" and the final phrase "and powers which fall within the scope of the authorization of bound or concessionary trades or craftsmen" through the final word sequence "and powers granted in other statutory provisions of Austrian law which fall within the scope of the authorisation of regulated or concessionary commercial activities" replaced;
(c) paragraph 4 shall be:
"(4) The professional title" Rechtsanwalt " may only lead to the persons registered in the lists of the lawyers ' chambers. Other persons who are entitled to use the professional title of a lawyer on the basis of the EIRAG regulations may only carry out this professional title with the reference to the place of their registered office abroad. The name "Rechtsanwalt" may only be attached to the company of a professional lawyer-company (§ 21c) and only given in the case of such a company as a branch of business (§ 3 Z 5 FBG) and entered in the company's register. The same shall also apply to all terms and phrases which hint at the exercise of the legal profession. "
§ 8a reads as follows:
§ 8a. (1) The attorney is obliged to examine all transactions particularly carefully, the nature of which makes it particularly obvious that they may be related to money laundering (§ 165 StGB) or terrorist financing (§ 278d StGB), and in which he/she is in the name of and, on behalf of his or her party, carries out financial or real estate transactions or participates in the planning or implementation of his/her party in the course of the following:
| 1. |
the purchase or sale of real estate or business, |
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| 2. |
the management of funds, securities or other assets, the opening or administration of bank, savings or securities accounts, or |
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| 3. |
the establishment, operation or management of trust companies, companies or similar structures, such as trusts or foundations, including the procurement of companies to set up, operate or manage companies the necessary resources. |
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(2) The lawyer has adequate and appropriate strategies and procedures to fulfil the due diligence obligations imposed on him in the context of the fight against money laundering (§ 165 StGB) and terrorist financing (§ 278d StGB) in the appearance of parties, to introduce, and to ensure compliance with, the relevant rules and communication within the firm, the reporting, retention of records, internal control, risk assessment and risk management, and in order to maintain transactions involving money laundering (§ 165 StGB) or terrorist financing (§ 278d of the StGB), to prevent and prevent them. "
13. § 8b reads:
" § 8b. (1) In the event of any of the transactions referred to in § 8a (1), the attorney is obliged to determine and verify the identity of his party and that of the beneficial owner (§ 8d):
| 1. |
in the event of a certain duration of the contract (business relationship) prior to the date of acceptance of the contract, |
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| 2. |
for all other transactions in which the order total (the tax base according to the Autonomous Honorary criteria for lawyers in association with the RATG) is at least EUR 15 000, irrespective of whether the transaction is carried out in a In the case of a single operation or in a number of operations between which a connection appears to exist, before the transaction is carried out; if the order total (the amount of the basis of assessment) is not known at first, the identity shall be determine, as soon as it is foreseeable, or if it is clear that the order sum (the amount of the ) is expected to be at least EUR 15 000, |
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| 3. |
if he/she knows, the suspicion or legitimate reason to believe that the money laundering business (§ 165 StGB) or the terrorist financing (§ 278d StGB) is used or |
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| 4. |
if it has doubts about the authenticity or appropriateness of the proof of identity received. |
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(2) The identity of the Party shall be the personal presentation of an official photo ID or, where this is not possible, and the taking of a transaction to safeguard the rights of the defence or the right to effective law enforcement in the sense of the Article 6 of the ECHR is required to establish an officially documented procedure which has the same evidence. Documents issued by a public authority shall be deemed to be an official identity card, provided with an unexchangeable, identifiable head image of the person concerned and the name, signature and, as far as this is concerned, the name, signature and, where appropriate, the name, the signature and, where appropriate, the name, in accordance with the law of the issuing State, including the date of birth of the person and the issuing authority. If a representative is present for the party, its identity shall be determined in the same way. The power of representation shall be reviewed on the basis of appropriate certificates.
(3) If the party is not physically present (long-distance business) when the business relationship or conduct of the transaction is established, the attorney must also take appropriate and final measures to ensure the identity of the party to establish and verify reliably and to ensure that the first payment of the party within the framework of the transaction is carried out through an account opened on behalf of the customer at a credit institution which is within the scope of the Directive 2005 /60/EC
(4) The lawyer shall take risk-based and proportionate measures to establish and verify the identity of the beneficial owner. Proof of the identity of the respective contracting authority must be carried out by natural persons by presenting the original or a copy of the official photo ID of the respective contracting authority, and by legal persons by means of proof of proof of the identity of the client. Certificates.
(5) The lawyer shall keep the documents submitted in accordance with paragraphs 2 to 4 in order to establish the identity as far as possible in the original. Copies must be made and kept in the case of official photographs and other documents which are not available in the original or which are not possible in the original.
(6) The attorney must obtain information about the purpose and the desired nature of the business relationship and continuously monitor the business relationship. The monitoring shall include a review of the transactions carried out in the course of the business relationship with a view to ensuring that the transactions are carried out with the knowledge of the lawyer about the party, its business activities and the risk profile. including, where necessary, the source of the funds. The Lawyer has to ensure that the respective documents, data or information are always updated.
(7) If the lawyer is not or no longer in a position to identify and verify the identity of the party and that of the beneficial owner, or to obtain information on the purpose and the nature of the business relationship sought, the contract is not justified and the transaction is not carried out; an already existing business relationship must be terminated. In addition, a report to the Federal Minister for the Interior (Bundeskriminalamt) is to be considered. If the party does not comply with an authorized request for information of the lawyer in the context of his identification obligation, the Federal Minister of the Interior (Bundeskriminalamt) shall be notified. Section 8c (1) second sentence shall apply mutatily. "
14. In § 8c
(a) is paragraph 1:
" (1) In the cases of Section 8a (1), the lawyer shall immediately inform the Federal Minister of the Interior (Bundeskriminalamt) if he knows, the suspicion or legitimate reason to believe that the business of money laundering (§ 165 StGB) or the financing of terrorism (§ 278d of the German Criminal Code) (suspitiy). However, the attorney shall not be obliged to make a statement of disdain regarding such facts which he/she is entitled to do by one or more of the parties in the context of legal advice or in connection with their representation before a court or one of these , unless the party clearly discernates the legal advice for the purpose of money laundering (§ 165 StGB) or the financing of terrorism (§ 278d StGB), unless the party is clearly aware of the legal advice ';
(b) is inserted after paragraph 1 of the following paragraph 1a:
" (1a) In accordance with § 8b, a declaration of suspicity or a notification to the Federal Minister for the Interior (Bundeskriminalamt) of the Federal Office of the Interior (Bundeskriminalamt) may only be used by the attorney responsible for combating money laundering and terrorist financing, the Bar Association and the law enforcement authorities (prohibition of the disclosure of information). The transfer of this information within the law firm as well as, where applicable, the lawyer's company is permissible. The ban on the disclosure of information does not preclude the efforts of the lawyer to discourage the party from committing an illegal act. If the party is also a client of another lawyer from a Member State of the European Union or a third country in which Directive 2005 /60/EC meets equivalent requirements as well as equivalent confidentiality and data protection obligations, , or if such a lawyer is otherwise involved in the party's transaction, information relating to this transaction may be passed on between the lawyers. The information exchanged may, however, be used exclusively for the prevention of money laundering (§ 165 StGB) or terrorist financing (§ 278d StGB). ";
(c) in paragraph 4, the word order shall be "The release of an injunction pursuant to § 144a StPO" each by "Seizure according to § 115 (1) Z 3 StPO" replaced.
15. According to § 8c the following § § 8d to 8f are inserted:
" § 8d. Beneficial owners are the natural persons in whose ownership or under the control of which the party ultimately stands or on whose behalf it acts. The term of the beneficial owner shall include in particular:
| 1. |
for companies: |
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| a) |
the natural persons, in the ownership or under the control of which a legal entity has a direct or indirect holding or control of a sufficient share of the shares or voting rights of that legal entity, including the Holdings in the form of bearer shares, which are not a company listed on a regulated market and which are subject to the disclosure requirements of Community law or to equivalent international standards; a share of 25% plus one share shall be considered sufficient to ensure that this criterion is met; |
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| b) |
the natural persons exercising control over the management of a legal entity in another way; |
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| 2. |
for legal entities, such as foundations, and trusts who manage or distribute funds: |
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| a) |
provided that the future beneficiaries have already been determined, those natural persons who are the beneficiaries of 25% or more of the benefits of a trusts or a legal entity; |
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| b) |
provided that the individuals who are beneficiaries of the trusts or legal entities have not yet been determined, the group of persons in whose interest the trust or legal entity has been or has been established, mainly; |
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| c) |
the natural persons exercising control over 25% or more of the assets of a trusts or a legal entity. |
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§ 8e. (1) In the case of Section 8b (1) (3), the obligations referred to in § 8b for the determination and verification of the identity of the party and that of the beneficial owner are eliminated, for the purpose of obtaining information on the purpose and for the purpose of the project. Type of business relationship, its monitoring and the update of the information if the party
| 1. |
a credit or financial institution which falls within the scope of Directive 2005 /60/EC, |
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| 2. |
a credit or financial institution established in a third country, subject to requirements equivalent to those laid down in Directive 2005 /60/EC and subject to supervision in respect of compliance with such requirements, |
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| 3. |
a listed company whose securities are admitted to trading on a regulated market pursuant to Section 2 (37) of the Banking Act in one or more Member States, or a listed company from third countries which are listed in accordance with a regulation to be adopted pursuant to Section 85 (10) of the Austrian Stock Exchange Act by the FMA is subject to disclosure requirements equivalent to or comparable to Community law, |
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| 4. |
is a domestic authority, or |
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| 5. |
is any other authority or public body, |
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| a) |
which has been entrusted with public tasks on the basis of the Treaty on European Union, the Treaties establishing the European Communities or the secondary legislation of the Community; and |
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| b) |
whose identity shall be publicly verifiable and transparent and shall be established without any doubt; and |
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| c) |
whose activities and accounting practices are transparent and |
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| d) |
which is accountable to an institution of the Community or to the authorities of a Member State, or where there are other control and counter-control mechanisms for the verification of their activities, or |
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| 6. |
is another legal person, |
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| a) |
which is established in a Member State which has been subject to the provisions of Directive 2005 /60/EC in accordance with Article 4 thereof, and which is subject to supervision by the competent authorities in accordance with Article 37 (3) of that Directive, the failure to comply with the provisions of that Directive the requirements of the Directive are subject to effective, proportionate and dissuasive sanctions; and |
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| b) |
whose identity shall be publicly verifiable and transparent and shall be established without any doubt; and |
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| c) |
which, under national law, is required to be authorised to take up the financial business, which is subject to the lack of reliability and professional competence of the natural persons or the beneficial owners of the business , and which is subject to comprehensive supervision (including on-the-spot inspections) by the competent authorities; or |
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| 7. |
a branch of a person covered by Z 6, if and to the extent that the activity of that branch has also been subject to the provisions of Directive 2005 /60/EC, and to the extent that the Member State has also been subject to the activities of that branch. |
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(2) In any case, the lawyer has to collect sufficient information in order to be able to ascertain reliably that the exception is applied to the party.
§ 8f. (1) In the event of the existence of one of the transactions referred to in Article 8a (1), the lawyer shall verify, in the context of his identification obligation, whether the party has a politically exposed person established in another Member State or in a third country. The meaning of paragraph 2 is. To this end, it must have adequate, risk-based procedures, which can be used to determine this.
(2) Politically exposed persons are
| 1. |
natural persons performing, or exercised within the last year, the following public offices at national, Community or international level: |
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| a) |
Heads of State, Heads of Government, Ministers, Deputy Ministers and State Secretaries, |
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| b) |
Members of Parliament, |
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| c) |
Members of supreme courts, constitutional courts or other high-ranking institutions of the judiciary, whose decisions, except in exceptional circumstances, cannot be appealed unless they are only taking medium or lower functions, |
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| d) |
Members of central banks ' accounting courts or board members unless they only perform medium or lower functions, |
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| e) |
Ambassadors, business leaders and high-ranking officers of the armed forces (in particular in the rank of general or admirals), unless they only perform medium or lower functions, or |
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| f) |
members of the administrative, management or supervisory bodies of state-owned enterprises, unless they only perform medium or lower functions, |
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| 2. |
the spouse or the spouse or, in the case of equality, in the national law of the partner of life or the partner of life, the children and their spouses or spouses or life companions or life companions as well as the parents of the person referred to in Z 1, or |
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| 3. |
natural persons who are known to be jointly beneficial owners (§ 8d) of legal entities or legal arrangements with a person referred to in Z 1, or who have other close business relationships with that person; and natural persons who are sole economic owners (§ 8d) of legal entities or legal arrangements, which are known to have been actually built for the benefit of a person named in Z 1. |
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(3) A contractual relationship with a politically exposed person established in another Member State or in a third country may only be subject to the prior consent of the lawyer (a lawyer who is authorised to act as a lawyer). The law of the Bar Association). If the party or the beneficial owner is a politically exposed person established in another Member State or in a third country, the attorney must take appropriate measures to verify the origin of the funds which: as part of the business relationship or transaction, and to subject the business relationship to increased continuous monitoring. "
16. In § 9, the citation is given in paragraph 4 "§ 8a (1) (1) and (2)" by quoting "§ 8a (1)" replaced .
17. In § 9a, the quote "40 (2) BWG" by quoting "§ 40a (5) BWG" and the citation "§ 8b (4)" by quoting "§ 8b (5)" replaced.
18. In § 10, the following paragraphs 5 and 6 are added in accordance with paragraph 4:
" (5) Advertising is permitted to the attorney in so far as it is true and factually informed about his professional activities and is in accordance with his professional duties.
(6) The lawyer is obliged to continue to form. This applies in particular to those areas of knowledge which are the subject of the studies (§ 3) and the legal examination (§ 20 RAPG). "
19. In Article 12 (3), the following sentence is added:
"The same shall apply to supporting documents and records relating to the transactions covered by Section 8a (1)."
Article 12 (4) is deleted.
21. In § 15 para. 2, second sentence, the word order shall be " at a domestic university the doctorate of rights or, for graduates of the diploma program according to the federal law of 2 March 1978, BGBl. No. 140, on the study of law, obtained the academic degree of a Magister of Law " through the phrase "have completed a study of Austrian law (§ 3)" replaced.
22. In § 16
(a) is paragraph 1:
" (1) The lawyer can freely agree his fee with the party. He shall not, however, be entitled to settle any disputes which he has entrusted to him in whole or in part. ";
(b) the following sentences shall be inserted after the first sentence in paragraph 4:
" At the request of the lawyer, in proceedings in which the court decides to extend the time limit for the execution of the appeal, with the use of Section 285 (2) of the StPO, the activity for the preparation of the legal notice in the appearance of each full week in which the period of appeal has been extended to take part in ten hours of negotiation. The application for remuneration shall be submitted by the attorney, in the case of other exclusion, to the Bar Association by 31 March at the latest, of the following year in the case of the previous calendar year in which the attorney has provided his/her services. "
(c) in paragraph 5, the quote shall be: "§ 41 (3)" by quoting "§ 61 (3)" replaced.
23. In § 21
(a) the word order shall be deleted in paragraph 1 last sentence "and to inform the Oberlandesgericht (Higher Regional Court), the Supreme Court and the State Office for Justice.";
(b) in paragraph 2, the word "secure" by the word "qualified" and the quotations "(§ 2 Z 3 SigG)" or "§ 8 (2) SigG" through the quotations "(§ 2 Z 3a SigG)" or "§ 8 (1) SigG" replaced.
24. § 21c lit. 9a reads:
| " 9a. |
In a company of a law firm in the form of a limited liability company, only associate members of the Bar may be appointed to the managing director. In a lawyer ' s society, prokura and authority of action cannot be effectively granted. " |
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25. § 25 (5) reads:
"(5) The result of each election shall be published on the Internet on the website of the Bar Association without delay and in general terms."
26. In § 27 (1), the point at the end of the lit. f replaced by a stroke point and the following lit. g is added:
| " (g) |
the fixing of an appropriate remuneration for the reimbursement of opinions on the appropriateness of the fee, in particular in court proceedings. " |
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27. In § 30
(a) is paragraph 1:
" (1) In order to obtain the registration in the list of legal contenders, when entering into practice with a lawyer, the panel shall be displayed to the committee with proof of Austrian citizenship, the nationality of a Member State of the European Union or of any other State Party to the Agreement on the European Economic Area or the Swiss Confederation and proof of the completion of a study of Austrian law (§ 3) . The period of practical use with a lawyer (§ 2 para. 2) shall not be counted until the date of the arrival of this ad. ";
(b) is inserted after paragraph 1 of the following paragraph 1a:
" (1a) If it is questionable whether the study of Austrian law completed by the applicant is in accordance with the requirements of § 3, the committee may, prior to its decision, at the expense of the applicant, by means of the award of the competent authority pursuant to Section 5 (4) of the ABAG Commission of the Training Examination Board to obtain an opinion from one or more examination commissioners from the group of university professors (Section 3 (3) of the ABAG). ";
(c) in the first sentence of paragraph 3, after the word "if" the phrase "one of the grounds for exclusion according to § 2 paragraph 2 RPG is present or" inserted;
(d) shall be expressed in paragraph 4 of the bracket "(§ § 59 ff DSt)" by the parenthesis expression "(seventh section of the Disciplinary Statute for Lawyers and Attorneys for Lawyers)" replaced;
(e) no (5).
28. In § 34
(a) in paragraph 3 of the parenthesis "(§ § 59 ff DSt)" by the parenthesis expression "(seventh section of the Disciplinary Statute for Lawyers and Attorneys for Lawyers)" replaced;
(b) the following sentence is added to paragraph 3:
"In addition, the provisions of Section 5a (2) shall apply.";
(c) inserted in paragraph 4 after the first sentence of the following sentence:
" This is to be entered in the company's book by means of a notification by the competent Bar Association of the Office of the Office of the Office of the Office of the Office of the Office of the Office of the Office of the European Union and
29. In § 37 (1) Z 3, after the phrase "The subject of training events," the phrase "to comply with the requirements of the RAPG, to prepare for the exercise of the profession of lawyer and" inserted.
30. In § 45a, after the word "Administrative Senate" the words "in the countries" inserted.
31. § 47 (5) third sentence reads:
" The first half-sentence shall be applied if the flat-rate compensation to be determined exceeds the amount of EUR 50 000. '
32. § 56a reads:
" § 56a. (1) The benefits of the attorneys appointed in accordance with § 45a are to be applied in accordance with § § 55 and 56 with the proviso that the Federal Minister of Justice of the Federal Chancellors is replaced by the Federal Minister of Justice.
(2) At the latest by 30 September each year, the Federal Government has to pay the Austrian Bar Association an appropriate flat-rate compensation for the services of the lawyers appointed in accordance with Section 45a for the preceding calendar year, the amount of which shall be equal to: by regulation of the Federal Chancellor. If the estimated amount of the flat-rate compensation exceeds the amount of EUR 25 000, the Federal Chancellor has the agreement to establish the agreement with the Federal Minister for Finance and the Main Committee of the National Council.
(3) The first-time fixing of the flat-rate payment shall be based on the number of annual orders and the extent of the services provided, in the sense of paragraph 1, on the basis of the average of the last five calendar years. The amount of the flat-rate compensation shall subsequently be redefined accordingly, if:
| 1. |
the economic situation is substantially altered in the context of the average view, compared to the date by which these circumstances were taken into account when the initial fixing or the last redetermination was made, or |
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| 2. |
the number of annual orders or the extent of the services referred to in paragraph 1 has risen or decreased by more than 20 vH on the average of the last five calendar years prior to the date of the redetermination. |
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(4) For the services provided pursuant to § 16 (4), first sentence, of the attorneys appointed in accordance with § 45a, a reasonable flat-rate remuneration shall be fixed separately.
(5) Countries shall be replaced by two thirds of the flat-rate compensation provided for in paragraph 2 by the Federal Government at the latest by 31 March of the year following the previous calendar year. The shares of the countries shall be determined by the ratio of the orders received from the independent administrative Senate of each country to the total number of these orders. "
33. In § 57
(a) is paragraph 1:
"(1) Those who are not entitled to the professional title" Rechtsanwalt ", one of the attorney names listed in the annex to EIRAG, or one of them from the 5. Part of the EIRAG results in a professional title for international lawyers, adds to his company, indicates the business or the subject of the company, otherwise uses it for advertising purposes, or otherwise has the power to exercise the right to exercise the attorney's office is pretending to be subject to an administrative surrender and is punishable by a fine of up to EUR 10 000. ";
(b) in paragraph 2, the amount of "6 100 Euro" by the amount of "16 000 euro" replaced.
Article II
Amendments to the Code of Notarial Regulations
The Notarial Order, RGBl. No 75/1871, as last amended by the Federal Law BGBl. I n ° 92/2006, is hereby amended as follows:
1. The title of the I. Main piece reads:
"Impact of the notaries and notaries"
2. § 1 reads:
" § 1. (1) Notaries shall be appointed by the State and established in their public office so that they shall, in accordance with the provisions of this Act, take up and make public documents relating to legal declarations, legal transactions and legal facts; and for the discharge of the courts, the documents entrusted by the parties are held, and funds and securities are to be taken over to third parties or to the authorities of the authorities.
(2) The notaries and notaries are responsible for carrying out official acts as court commissioners in accordance with special legal regulations.
(3) Notaries acting under public law on the basis of legal provisions shall act in the exercise of public authority.
(4) As far as the names referred to in this Federal Act as a result of natural persons are listed only in male form, they relate to women and men in the same way. The use of the designation for certain natural persons shall be subject to the gender-specific form. '
3. § 5 Abs 1 second sentence reads:
"The notary is entitled to defend parties in criminal proceedings against administrative authorities, financial criminal authorities and courts for criminal offences in which the district court is responsible for the main proceedings pursuant to Section 30 (1) of the StPO."
4. In accordance with § 5, the following § 5a is inserted:
" § 5a. If the law provides that a private customer must be set up in front of a notary without requiring an authentication requirement, the notary shall verify the identity of the party in the hands of an official photo ID, the party comprehensively to lecture the possible design of the document and its legal effects, and to ensure that the party understood the scope and the effects of its legal business. In order to prove the fulfilment of this duty, the document must also be undersigned by the notary, referring to this law. "
5. In § 6
(a) is paragraph 1:
" (1) Conditions for appointment to the notary are:
| 1. |
the Austrian citizenship, |
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| 2. |
Own rights, free wealth management and honorable prelife, |
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| 3. |
the conclusion of a course of study under Austrian law (§ 6a), |
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| 4. |
the successful filing of the notary examination, |
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| 5. |
a seven-year practical use in the legal form and |
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| 6. |
that the applicant is the 64. Life year has not yet been completed. "; |
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(b) in paragraph 2, the citation shall be " 1 (d) "by the citation" 1 Z 5 ";
(c) read (3) and (3a)
" (3) For the duration of practical use, which is not necessarily to be spent as a notarial candidate, the following are to be expected:
| 1. |
Periods of a similar practical use abroad, as referred to in paragraph 2, of a similar practical use abroad and of a legal professional use in Germany or abroad with an administrative authority, a university or a university Auditor or tax adviser, if these uses have been useful for the exercise of the notary's profession, up to a maximum of one year in total; |
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| 2. |
Periods of up to a maximum of one year on the basis of a statutory duty or voluntarily provided by Austrian military service or civilian service; |
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| 3. |
Periods of a university education following a study of Austrian law (§ 6a) up to a maximum of one year, if this has been achieved in the context of a further academic degree of law; |
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| 4. |
jobless periods under the maternity protection act 1979, the Fathers Karenzgesetz, or § § 14a and 14b AVRAG, and |
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| a) |
Times of a Karenz or exemption assigned as a notarial candidate, or |
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| b) |
in the case of part-time employment or the reduction of normal working hours, those times which have been reduced by normal working hours; |
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| a total of a maximum of one year. |
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(3a) Times pursuant to § 117 (5) (5) (5) shall be taken into account in the extent of the actual training period. "
6. According to § 6, the following § 6a is inserted:
" § 6a. (1) The study of Austrian law required for the appointment to the notary is to be completed at a university and completed with a legal academic degree, whereby this also includes several studies (§ § 54 et seq. University Act 2002). The duration of the study period has to be at least four years with a workload of at least 240 ECTS credits (§ 51 paragraph 2 Z 26 University Act 2002).
(2) In the course of the studies referred to in paragraph 1, an appropriate knowledge of the following fields of knowledge shall be acquired:
| 1. |
Austrian civil law and Austrian civil procedural law, |
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| 2. |
Austrian criminal and criminal procedural law, |
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| 3. |
Austrian constitutional law, including fundamental and human rights and Austrian administrative law, including the administrative procedural law, |
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| 4. |
Austrian company law, Austrian labour and social law and Austrian tax law, |
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| 5. |
European law; general international law, |
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| 6. |
where necessary, other areas of scientific knowledge and |
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| 7. |
Foundations of law; economic knowledge areas; other fields of knowledge with respect to law. |
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These areas of knowledge must be provided in a manner appropriate to ensuring the legal training required for the exercise of the profession of notary. The workload for these areas of knowledge has a total of at least 200 ECTS credits, with at least 150 ECTS credits to be accounted for in the areas of law-related fields of knowledge. Proof of knowledge shall be provided by positive and/or positively assessed written work, including the work referred to in paragraph 4, the subject of the examination or work also being subject to a number of areas of knowledge. can be removed.
(3) In the course of the studies, a written, positively assessed work must also be drawn up, the main focus of which must be on one or more of the areas of law in the legal sciences referred to in paragraph 2 above, and which must be documented in the form of proof of the ability to work independently in law.
(4) A further legal academic study, completed by an Austrian national at a university and completed with a legal academic degree, corresponds only to equivalence to the Requirements as referred to in paragraph 1. The equivalence of the training and its contents shall be given if the knowledge and skills of the graduate are the knowledge certified by the completion of a course of study under Austrian law, as provided for in paragraphs 2 and 3. Skills. The examination of equivalence and, where appropriate, its production with only partial equivalence shall be carried out in accordance with the provisions of the first section of the Training and Appeal Examination Bill. "
7. In § 7
(a) paragraph 3 reads:
"(3) The professional title" notary " may only be added to the company of a notary partnership and only given in the case of such a branch as a branch of business (§ 3 Z 5 FBG) and entered in the company's register. The same also applies to all terms and twists which hint at the incumbents of a notary. "
(b) no 4.
8. In § 11
(a) the following sentence shall be added to paragraph 1:
" If it is questionable whether the study of Austrian law completed by the applicant is in accordance with the requirements of § 6a, the notarial chamber may, prior to the establishment of a remuneration proposal at the expense of the applicant, by means of the rate of the award according to § 5 4 ABAG, obtain the opinion of one or more examination commissioners from the group of university professors (§ 3 paragraph 3 ABAG). "
(b) in paragraph 3 (4), the citation shall be "§ 6 para. 1 lit. d" by quoting "§ 6 para. 1 Z 5".
(c) no paragraph 3 Z 6 .
9. In § 13 (1)
(a) the word shall be: "secure" by the word "qualified" replaced;
(b) the citation shall be "(§ 2 Z 3 SigG)" by quoting "(§ 2 Z 3a SigG)" replaced;
(c) the citation in the fourth sentence "§ 8 (2) SigG" by quoting "§ 8 (1) SigG" replaced.
(10) § 23 (3) the following sentence is added:
"The notarial chamber can grant the notary partnership a deadline of six months not to provide for a state corresponding to the law."
11. § 31 shall be added to the following paragraphs 5 and 6 in accordance with paragraph 4:
" (5) The notary is obliged to continue to form. This applies in particular to those fields of knowledge which are the subject of studies (§ 6a) and the notary examination (§ 20 NPG).
(6) Advertising is permitted to the notary insofar as it is true and factually informed about his professional activity and is in accordance with his professional duties. "
12. § 36a reads:
" § 36a. (1) The notary is obliged to examine all transactions particularly carefully, the nature of which makes it particularly obvious that they may be related to money laundering (§ 165 StGB) or terrorist financing (§ 278d StGB), and in respect of which it is in the name and on behalf of account shall be taken of his or her party's financial or real estate transactions, or shall be involved in the planning or implementation of his/her party, which shall concern:
| 1. |
the purchase or sale of real estate or business, |
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| 2. |
the management of funds, securities or other assets, the opening or administration of bank, savings or securities accounts, or |
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| 3. |
the establishment, operation or management of trust companies, companies or similar structures, such as trusts or foundations, including the procurement of companies to set up, operate or manage companies the necessary resources. |
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(2) The notary has adequate and appropriate strategies and procedures to fulfil the due diligence obligations imposed on him in the context of the fight against money laundering (§ 165 StGB) and terrorist financing (§ 278d of the StGB) in the appearance of parties, to introduce, and to ensure compliance with, the relevant rules and communication within the firm, the reporting, retention of records, internal control, risk assessment and risk management, and in order to maintain transactions involving money laundering (§ 165 StGB) or terrorist financing (§ 278d of the StGB), to prevent and prevent them. "
13. § 36b reads:
" § 36b. (1) In the event of any of the transactions referred to in section 36a (1), the notary shall be obliged to determine and verify the identity of his party and that of the beneficial owner (§ 36d):
| 1. |
in the event of a certain duration of the contract (business relationship) prior to the date of acceptance of the contract, |
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| 2. |
in the case of any other transaction in which the order total (the basis of assessment under the NTG) is at least EUR 15 000, whether or not the transaction is carried out in a single operation or in a number of operations, between which a The amount of the order (the amount of the tax base) is not known at first, the identity shall be established as soon as it is foreseeable or if it is clear that the order sum shall be determined. (the amount of the tax base) is expected to be at least EUR 15 000, |
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| 3. |
if he/she knows, the suspicion or legitimate reason to believe that the money laundering business (§ 165 StGB) or the terrorist financing (§ 278d StGB) is used or |
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| 4. |
if it has doubts about the authenticity or appropriateness of the proof of identity received. |
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(2) The identity of the Party shall be the personal presentation of an official photo ID or, where this is not possible, and the taking of a transaction to safeguard the rights of the defence or the right to effective law enforcement in the sense of the Article 6 of the ECHR is required to establish an officially documented procedure which has the same evidence. Documents issued by a public authority shall be deemed to be an official identity card, provided with an unexchangeable, identifiable head image of the person concerned and the name, signature and, as far as this is concerned, the name, signature and, where appropriate, the name, the signature and, where appropriate, the name, in accordance with the law of the issuing State, including the date of birth of the person and the issuing authority. If a representative is present for the party, its identity shall be determined in the same way. The power of representation shall be reviewed on the basis of appropriate certificates.
(3) If the party is not physically present (long distance business) when the business relationship or conduct of the transaction is established, the notary must also take appropriate measures to ensure that the identity of the party is reliable. to verify and to ensure that the first payment of the party within the framework of the transaction is carried out through an account opened on behalf of the customer at a credit institution which is within the scope of the Directive 2005 /60/EC.
(4) The notary has to take risk-based and appropriate measures to establish and verify the identity of the beneficial owner. Proof of the identity of the respective contracting authority must be carried out by natural persons by presenting the original or a copy of the official photo ID of the respective contracting authority, and by legal persons by means of proof of proof of the identity of the client. Certificates.
(5) The notary shall keep the documents submitted in accordance with paragraphs 2 to 4 in order to establish the identity as far as possible in the original. Copies must be made and kept in the case of official photographs and other documents which are not available in the original or which are not possible in the original.
(6) The notary has to collect information about the purpose and the desired nature of the business relationship and to continuously monitor the business relationship. The monitoring shall include a review of the transactions carried out in the course of the business relationship with a view to ensuring that the transactions are carried out with the knowledge of the notary about the party, its business activities and risk profile, including: if necessary, the source of the funds. The notary has to ensure that the respective documents, data or information are always updated.
(7) Where the notary is unable or no longer in a position to identify and verify the identity of the party and that of the beneficial owner, or to obtain information on the purpose and the nature of the business relationship sought, the The order ratio is not justified and the transaction is not carried out; an existing business relationship is to be terminated. In addition, a report to the Federal Minister for the Interior (Bundeskriminalamt) is to be considered. If the party presumably does not comply with an authorized request for information from the notary as part of its identification obligation, the Federal Minister of the Interior (Bundeskriminalamt) shall be notified. Section 36c (1) second sentence shall apply mutatily. "
14. In § 36c
(a) is paragraph 1:
" (1) The notary shall immediately inform the Federal Minister of the Interior (Bundeskriminalamt) if he knows, the suspicion or legitimate reason to believe that the business of money laundering (§ 165 StGB) or the financing of terrorism (§ § 165 StGB) 278d of the StGB) (suspionation). However, the notary shall not be obliged to make a statement of disdain regarding such facts which he/she shall have from one party or one of the parties in the context of legal advice or in connection with its representation before a court or any of the parties to the court or any other party. the authority or the public prosecutor's office, unless the party for the notary clearly disclaims the legal advice for the purpose of money laundering (§ 165 StGB) or the financing of terrorism (§ 278d StGB). ";
(b) is inserted after paragraph 1 of the following paragraph 1a:
" (1a) In accordance with Section 36b of the German Federal Ministry of the Interior (Bundeskriminalamt), the notary shall only be entitled to the authorities responsible for combating money laundering and terrorist financing, the Notarial Chamber and the Federal Office of the Interior (Bundeskriminalamt), the notary. inform law enforcement authorities (prohibition of disclosure of information). The disclosure of this information within the Registry and, where appropriate, the Notary Partnership may be permitted. The prohibition of the provision of information is not contrary to the efforts of the notary to discourage the party from committing an illegal act. If the Party is also a contracting authority of another notary from a Member State of the European Union or a third country, in which Directive 2005 /60/EC meets equivalent requirements as well as equivalent confidentiality and data protection obligations , or if such a notary is otherwise involved in the party's transaction, information relating to this transaction may be disclosed between the notaries. However, the information exchanged may only be used to prevent money laundering (§ 165 StGB) or terrorist financing (§ 278d StGB). "
(c) in paragraph 4, the word order shall be "The release of an injunction pursuant to § 144a StPO" in each case by the word sequence "Seizure according to § 115 (1) Z 3 StPO" replaced.
15. In accordance with § 36c the following § § 36d to 36f are inserted:
" § 36d. Beneficial owners are the natural persons in whose ownership or under the control of which the party ultimately stands or on whose behalf it acts. The term of the beneficial owner shall include in particular:
| 1. |
for companies: |
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| a) |
the natural persons, in the ownership or under the control of which a legal entity has a direct or indirect holding or control of a sufficient share of the shares or voting rights of that legal entity, including the Holdings in the form of bearer shares, which are not a company listed on a regulated market and which are subject to the disclosure requirements of Community law or to equivalent international standards; a share of 25% plus one share shall be considered sufficient to ensure that this criterion is met; |
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| b) |
the natural persons exercising control over the management of a legal entity in another way; |
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| 2. |
for legal entities, such as foundations, and trusts who manage or distribute funds: |
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| a) |
provided that the future beneficiaries have already been determined, those natural persons who are the beneficiaries of 25% or more of the benefits of a trusts or a legal entity; |
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| b) |
provided that the individuals who are beneficiaries of the trusts or legal entities have not yet been determined, the group of persons in whose interest the trust or legal entity has been or has been established, mainly; |
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| c) |
the natural persons exercising control over 25% or more of the assets of a trusts or a legal entity. |
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§ 36e. (1) In the case of Section 36b (1) (3), the obligations referred to in § 36b shall be deleted for the purpose of establishing and verifying the identity of the party and that of the beneficial owner, for the purpose of obtaining information on the purpose and for the purpose of the project. Type of business relationship, its monitoring and the update of the information if the party
| 1. |
a credit or financial institution which falls within the scope of Directive 2005 /60/EC, |
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| 2. |
a credit or financial institution established in a third country, subject to requirements equivalent to those laid down in Directive 2005 /60/EC and subject to supervision in respect of compliance with such requirements, |
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| 3. |
a listed company whose securities are admitted to trading on a regulated market pursuant to Section 2 (37) of the Banking Act in one or more Member States, or a listed company from third countries which are listed in accordance with a regulation to be adopted pursuant to Section 85 (10) of the Austrian Stock Exchange Act by the FMA is subject to disclosure requirements equivalent to or comparable to Community law, |
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| 4. |
is a domestic authority, or |
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| 5. |
is any other authority or public body, |
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| a) |
which has been entrusted with public tasks on the basis of the Treaty on European Union, the Treaties establishing the European Communities or the secondary legislation; and |
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| b) |
whose identity shall be publicly verifiable and transparent and shall be established without any doubt; and |
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| c) |
whose activities and accounting practices are transparent and |
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| d) |
which is accountable to an institution of the Community or to the authorities of a Member State, or where there are other control and counter-control mechanisms for the verification of their activities, or |
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| 6. |
is another legal person, |
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| a) |
which is established in a Member State which has been subject to the provisions of Directive 2005 /60/EC in accordance with Article 4 thereof, and which is subject to supervision by the competent authorities in accordance with Article 37 (3) of that Directive, the failure to comply with the provisions of that Directive the requirements of the Directive are subject to effective, proportionate and dissuasive sanctions; and |
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| b) |
whose identity shall be publicly verifiable and transparent and shall be established without any doubt; and |
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| c) |
which, under national law, is required to be authorised to take up the financial business, which is subject to the lack of reliability and professional competence of the natural persons or the beneficial owners of the business , and which is subject to comprehensive supervision (including on-the-spot inspections) by the competent authorities; or |
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| 7. |
a branch of a person covered by Z 6, if and to the extent that the activity of that branch has also been subject to the provisions of Directive 2005 /60/EC, and to the extent that the Member State has also been subject to the activities of that branch. |
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(2) In any case, the notary has to collect sufficient information in order to be able to ascertain reliably that the exception is applied to the party.
§ 36f. (1) In the event of the existence of one of the transactions referred to in Article 36a (1), the notary shall, within the limits of its identification obligation, verify whether the party has a politically exposed person established in another Member State or in a third country in the sense of of paragraph 2. To this end, it must have adequate, risk-based procedures, which can be used to determine this.
(2) Politically exposed persons are
| 1. |
natural persons performing, or exercised within the last year, the following public offices at national, Community or international level: |
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| a) |
Heads of State, Heads of Government, Ministers, Deputy Ministers and State Secretaries, |
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| b) |
Members of Parliament, |
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| c) |
Members of supreme courts, constitutional courts or other high-ranking institutions of the judiciary, whose decisions, except in exceptional circumstances, cannot be appealed unless they are only taking medium or lower functions, |
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| d) |
Members of central banks ' accounting courts or board members unless they only perform medium or lower functions, |
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| e) |
Ambassadors, business leaders and high-ranking officers of the armed forces (in particular in the rank of general or admirals), unless they only perform medium or lower functions, or |
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| f) |
members of the administrative, management or supervisory bodies of state-owned enterprises, unless they only perform medium or lower functions, |
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| 2. |
the spouse or the spouse or, in the case of equality, in the national law of the partner of life or the partner of life, the children and their spouses or spouses or life companions or life companions as well as the parents of the person referred to in Z 1, or |
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| 3. |
natural persons who are known to be jointly beneficial owners (§ 36d) of legal entities or legal arrangements with a person referred to in Z 1, or who have other close business relationships with that person; and natural persons who are the sole economic owners (§ 36d) of legal entities or legal agreements which, as is known, have actually been established for the benefit of a person named in Z 1. |
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(3) A contractual relationship with a politically exposed person established in another Member State or in a third country may only be contracted after the prior consent of a notary or a notary substitutes. If the party or the beneficial owner is a politically exposed person established in another Member State or in a third country, the notary shall take appropriate measures to verify the origin of the funds provided in the framework of the business relationship or the transaction, and to subject the business relationship to increased continuous monitoring. "
16. In § 37, the quote is given in paragraph 4. "§ 36a (1) (1) and (2)" by quoting "§ 36a (1)" replaced .
17. In § 37a, the quote "40 (2) BWG" by quoting "§ 40a sec. 5 BWG" as well as the quote "§ 36b (4)" by quoting "§ 36b (5)" replaced .
18. In § 49
(a) in paragraph 3, the citation shall be "§ 36b (4)" by quoting "§ 36b (5)" replaced and the following sentence added:
"The same shall apply to supporting documents and records relating to the transactions covered by section 36a (1).";
(b) no 4.
19. In § 79 (2a) the word shall be: "secure" by the word "qualified" replaced.
20. The title of the VII. The main item is:
"Notarial candidates, notary substitutes and notarial substitutes"
21. In § 117
(a) paragraph 4 reads:
" (4) The notary shall immediately indicate to the Notarial Chamber:
| 1. |
the withdrawal of the notarial candidate from his office; |
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| 2. |
an interruption of practical use; |
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| 3. |
the beginning, duration, extent and position of part-time employment under the Maternity Protection Act or the Fathers Carenz Law; |
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| 4. |
the extent of a reduction or the change in the position of the normal working time in accordance with § 14a and 14b of the AVRAG or for a disabled person benefiting from the disability employment law. "; |
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(b) is paragraph 5 Z 5:
| 5. |
A part-time job is exercised in accordance with the Maternity Protection Act or the Fathers Karenzgesetz or in the event of the reduction of the normal working hours according to § § 14a and 14b AVRAG or to a beneficiary under the Act on the Protection of Persons with Disabilities Disabled training time is completed. " |
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22. In § 117a
(a) the first sentence of paragraph 2 is:
" On the indication of the notary (Section 117 (2)), the notarial candidate may only be registered in this list, who proves that he is an Austrian citizen and of an honorable prelife, a study of Austrian law (§ 6a). , and has spent at least nine months in court or a public prosecutor's office in legal professional activity. ";
(b) is inserted after paragraph 2 of the following paragraph 2a:
" (2a) If it is questionable whether the study of Austrian law completed by the applicant is in accordance with the requirements of § 6a, the notarial chamber may, prior to its decision, at the expense of the applicant, by means of the award of the applicant according to § 5 (4) ABAG In the course of this study, an expert opinion from one or more examination commissioners from the group of university professors (§ 3 para. 3 of the ABAG) will be obtained. "
23. In § 119
(a) is paragraph 1:
' (1) Where substitution is necessary on the basis of a holiday, illness or absence of a notary, the President of the Court of First Instance at the seat of the Chamber shall, at the request of the notarial chamber, be a notary substitute and, in the case of orphanage, the office of office. order a Notarial substitutes by suspension, duty, death or waiver of office. For the purpose of electronic subproduction in the official transactions in accordance with § 1, the substitute is obliged to use a qualified electronic signature (§ 2 Z 3a SigG), which is reserved for the official business in accordance with § 1 (electronic Assessment signature of the Substitute). The substitute is entitled to serve as a substitute (electronic notary signature of the substitutes) in the errands of the official business in accordance with § 5 of a qualified electronic signature (§ 2 Z 3a SigG). § § 13, 17 (1), 32 (3) and 41 (3) and (41) (3) to (5) are to be applied in accordance with the provisions of these signatures. In the case of notary substitutes, the indication of the place of residence in the qualified certificate can be omitted. However, the official residence to which the signature authorization relates must be clear from the electronic directory for the documents of the assessment and the notary. ";
(b) in paragraph 3, the quote shall be: "§ 6 (1) (d)" by quoting "§ 6 para. 1 Z 5".
§ 123 (1) and (2) are:
" (1) The Substitute shall obtain all the operations of the notary and carry on the business registers and directories of the notary. The powers granted to the notary shall also apply to the substitutes. The appointment of the substitutes does not result in a transfer of the company, operation or partial operation. The Austrian notarial chamber has access to the substitutes access to the documents stored by the notary in the Urcustomer Archive of the Austrian notary according to § 140e. The notary substitute takes over new orders in the name and on the account of the notary; the latter is liable to the party according to § 1313a of the ABGB.
(2) In the notarial surcustomers, the substitute shall have his status as a notary substitute or substitute for notaries and, if he is acting as a representative of a notary, his name and place of office shall be listed in the notarial surcustomers and his signature shall be signed. shall be attached. The Notarial substitute has to disclose his intervention as a Notarial substitute at the beginning of the business procure. "
25. In § 140e paragraph 3, the quote is "§ 140b (4)" by quoting "§ 140b (5)" replaced .
26. § 140h (9) reads:
" (9) On request, the Austrian Notarial Chamber shall have the courts, the registered notary or the lawyer, the institutions of social security, the institutions of social assistance and other decision-makers in social law matters (Article 22 (1) (3)). to 8 BPGG), an association within the scope of its task pursuant to § 4 (2) VSPBG, the representative (authorised representative) to grant the representative (full power provider), the disputed and the opponent's insight into the register. "
27. In § 143, the previous paragraph 2 contains the sales numbering "(4)" ; in accordance with paragraph 1, the following paragraphs 2 and 3 are inserted:
" (2) The files held in the Notarial Archives of the Regional Courts are archives of the Federal Republic of Germany (§ 2 Z 4 Federal Archives Act). After 30 years of taking over by the Notarial Archives, this can be offered to the Austrian State Archives together with the necessary facilities for the use of the archive. The protection period is 50 years in accordance with Section 8 (3) of the Federal Archives Act and begins to run with the offer to take over.
(3) Acts whose importance 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 the protection of general or special civil rights do not go beyond a single federal state, can be offered and handed over to the Landesarchiv. Documents pursuant to section 110 (3), which were established before 1 January 2000, may only be handed over to the national archives if the Landesarchiv commits itself in writing to keep them permanently and the rights to information and to the use of the files. , in accordance with the provisions of the Federal Archives Act, in the light of priority procedural safeguards, in particular for incognitoadoptions. "
§ 152a reads:
" § 152a. The documents held in accordance with this item in accordance with Section 110 (3), which were established after 31 December 1999, as well as the registers of certificates, notes, declarations of recognition and the endorsement of protest, may, after ten years from the date of their establishment, be will be destroyed. "
29. In § 154
(a) noisy para. 1 and 2:
" (1) The notarial chamber is obliged to inspect the records of the notaries of their sprinkles from time to time to check their business activities (revision). It is also necessary to monitor whether the notaries comply with the provisions which serve to prevent or combat money laundering (§ 165 StGB) or the financing of terrorism (§ 278d StGB). The revision shall be carried out by members of the College who are notaries and appointed by the Notarial Chamber for a period of three years; however, they may, in support of their assistance, provide an appropriate qualified person, either in a professional or professional manner. The duty of confidentiality is subject to a duty of confidentiality or which has been ordered by the notarial chamber and which has expressly committed itself to compliance with the necessary secrecy on the revision of the notary chamber.
(2) If the notarial chamber is subject to a defect within the framework of the revision or on another occasion, it shall have an appropriate memory to be reminded of the notaries. If the defect is due to a personal liability violation, the following § § 155 et seq. If the notarial chamber encounters facts related to money laundering (§ 165 StGB) or terrorist financing (§ 278d StGB), Section 36c (1) shall also apply in this regard. "
(b) Paragraph 4 of the following sentence is added:
"Section 36c (1) shall apply mutatily."
30. § 160 (4) reads:
" (4) If the facts on which the civil liability violation is based are the subject of a criminal procedure according to the StPO, the course of the periods referred to in paragraph 1 shall be inhibited in accordance with Section 58 (3) (2) of the StGB. If he is the subject of an administrative criminal procedure or a disciplinary criminal proceedings at the notarial chamber or at the disciplinary court, the course of the time limits referred to in paragraph 1 shall be carried out at the beginning of the preliminary surveys for the duration of the respective Procedure is inhibited. "
31. In § 162 (3) the word order shall be "the district court responsible for criminal matters" through the phrase "the relevant public prosecutor ' s office" replaced.
32. § 172 (3) reads:
" (3) A notary judge, against whom a disciplinary procedure is pending for disciplinary proceedings, must not exercise his honorary office until the end of his or her termination. The same applies if it is against him a criminal procedure is pending after the StPO, the
| 1. |
a criminal offence which can only be committed intentionally and which is punishable by more than one year's imprisonment, |
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| 2. |
a court offence committed with an enrichment-related clause; or |
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| 3. |
the subject-matter of a court offence against sexual integrity and self-determination. " |
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33. In § 180 (1), the twists "ordinary criminal proceedings" and "Criminal Procedure" in each case by the turn "Criminal proceedings after the StPO" replaced.
34. § 182 reads:
" § 182. (1) The disciplinary court shall refund notification to the Public Prosecutor's Office if the disciplinary proceedings initiated by a notary are suspected of an act which has been punishable by law and which is liable to be punishable by law.
(2) As long as a criminal proceedings are conducted according to the StPO, no disciplinary recognition may be taken up until the final conclusion of the criminal proceedings is due to this offence.
(3) The Public Prosecutor's Office and the Criminal Courts are obliged to notify the Notarial Chamber and the Higher Regional Court of the initiation of an investigation procedure after the StPO and the imposition of the detention against a notary, and after End of criminal proceedings to send these authorities a copy of the final decision of the procedure.
(4) The same communications shall be reimbursed to the notarial chamber if the criminal proceedings have taken place after the StPO against a notarial candidate. "
35. In § 184 (2) NO, the amount shall be "1 090 Euro" by the amount "2 500 Euro" replaced.
36. § 186 reads:
" § 186. Those who are not entitled to the professional title "notary", add to his company, indicate the business branch or object of the company, otherwise used for advertising purposes or otherwise pretend to have an entitlement reserved to the notary, shall enter into a Administrative transgressive and punishable by a fine of up to 10 000 euros, unless the act at the same time constitutes the offence of a judicial offence. "
Article III
Amendments to the Appeal Accounting Act
The Appellate Accounting Act, BGBl. No 523/1987, as last amended by the Federal Law BGBl. No 21/1993, shall be amended as follows:
1. The previous content of the species. I shall receive the title of the title of the law contained therein:
