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Amendment Of The Regulation On The Electronic Legal Relations (Erv 2006)

Original Language Title: Änderung der Verordnung über den elektronischen Rechtsverkehr (ERV 2006)

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130. Regulation of the Federal Minister of Justice, amending the Regulation on Electronic Legal Transport (ERV 2006)

On the basis of Section 89b (2) of the Court Organization Act, RGBl. No 217/1896, as last amended by the Federal Law BGBl. I n ° 92/2006, is being prescribed:

The Federal Minister of Justice for Justice on Electronic Legal Transport (ERV 2006), Federal Law Gazette (BGBl). II No 481/2005, as amended by the BGBl Regulation. II No 482/2006, shall be amended as follows:

The following sentence shall be added to Article 1 (3a): "At the express request, this can not be done."

2. In § 2 (1), the turn is deleted: "in text format".

3. In § 3 (1) the word shall be "Internet Home Page" through the turn "Website" www.edikte.justiz.gv.at "" replaced.

4. § 6 (1) the following sentence is added: "When registering a natural person as a provider with a transmitting agency, the identity of the provider shall be considered by the person responsible for the transmission."

5. § § 8a to 10 together with headings are:

" Special provisions for electronic entries in the company's book procedure

§ 8a. (1) Inputs and supplements can be submitted electronically in the company booking process. If an input due to legal provisions is to be attached to documents in the original or public documents, it can be brought in electronically if the supplements to be connected are in a document archive of a corporation public law (§ 91c GOG) or in the document collection of the basic book or the company's book.

(2) Original or public documents must be submitted in the form that the setting in a document archive of a public corporation (§ 91c of the GOG) is referred to and, with the announcement of a clear, clear Certificate of identification is effectively granted the authorisation to access the data of the stored document; documents stored in the document collection of the basic book or the company's book shall be given by an indication of the setting in the collection of documents. The entry also includes the supplement properties (type of document, date of establishment and any comments to be made on the supplement). Certificates which are to be exercised inextricably with the possession or inexoration of the document by passing or presenting the document cannot be submitted electronically.

(3) Need for an electronically submitted application of the certified form (§ 12 of the German Corporate Code-UGB, dRGBl. S 219/1897, as last amended by BGBl. I n ° 103/2006), it must be placed in a document archive of a public corporation under public law (§ 91c GOG) and must be submitted to the court as a supplement after having credited the entry.

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

§ 9. (1) In the data set of an electronically transmitted document according to § § 277 to 281 of the German Commercial Code (UGB), the provider has to give the surname and at least one written first name of those persons who undertook the annual financial statements in the original. In addition, either the date of birth or the person identification (letter identification according to the company's statement) of the person concerned must be carried out. If an attorney, notary, an accountant or a board of auditors, but a representative of an organ of the company, does not progress, he/she has, if necessary, a declaration of one of the other legal provisions of the law. To give the representatives the authority to give them authorisation. If the documents have been examined by a statutory auditor or a auditor in accordance with § § 277 to 281 of the UGB, they must be sent together with a confirmation note from an economic distributor or an auditor. Providers of documents in accordance with § § 277 to 281 of the German Commercial Code (UGB) shall apply in electronic legal transactions, unless they have requested otherwise, for judicial proceedings in this case-with the exception of the decisions on the imposition of penalties. as the issuing body of the company subject to the charge.

(2) Documents in accordance with § § 277 to 281 of the German Commercial Code (UGB) shall be submitted in the form of a structured form in the course of the automated data transmission of financial "FinanzOnline" in direct traffic.

(3) If the documents referred to in § § 277 to 281 of the UGB are subject to special statutory provisions which deviate from the statutory provisions of the UGB, they shall be in scanned form as a supplement in electronic legal transactions. . The same shall apply to annual accounts which have an outline which is permissible under the UGB, but which is not representable in structured form in accordance with the interface description in accordance with § 5 (2), for consolidated financial statements as well as for financial statements, which have been drawn up in accordance with international accounting standards or in accordance with foreign provisions. The reason for the template in scanned form is to be pointed out.

(4) § 8a is not applicable for the submission of documents in accordance with § § 277 to 281 UGB; they shall be deemed to have been submitted with the proper electronic transmission of the data. If these documents are returned for improvement, they may, by way of derogation from § 1 (2), be re-introduced electronically in an improved form. The improved documentation must be resubmitted in full.

Special provisions for the land-use accounting procedure

§ 10. (1) Inputs in the land register procedure shall continue to be incorporated in paper form.

(2) supplements in the land register procedure shall be submitted electronically in the form that in the outside of the electronic legal system entry to the storage location in a document archive of a corporation public law (§ 91c GOG) , and with the disclosure of a unique certificate of identification, the authorisation is effectively granted for access to the data of the stored document; documents stored in the document collection of the basic book or of the company's book are indicated by a reference to the setting in the collection of documents . The entry also includes the supplement properties (type of document, date of establishment and any comments to be made on the supplement). Certificates which are to be exercised inextricably with the possession or inexoration of the document by passing or presenting the document cannot be submitted electronically. § 3 shall not apply. "

6. § 11 (1a) reads:

" (1a) § 1 (1) and (2), § 3 (1a), § 5 (2), § 7 (1), § 8a, § 9 (1a) and (1b) and § 10 in the version of the BGBl Regulation. II No 482/2006 are due to 1. Jänner 2007 in force. As of 1 July 2007, the general technical possibilities for lawyers and notaries are to introduce the entries permitted under this Regulation (together with supplements) in electronic legal transactions (Section 89c (5) GOG). If the specific technical possibilities for this are not available in individual cases, this shall be made credible by the incoming lawyer or notary in the input which is not transmitted in the electronic legal system. "

7. According to Article 11 (1a), the following paragraph 1b is inserted:

" (1b) § 1 para. 3a, § 2 para. 1, § 3 para. 1, § 6 para. 1, § § 8a to 10 and § 11 paragraph 1a in the version of the Ordination BGBl. II No 130/2007 will enter into force on 1 July 2007. "

Berger