241. Regulation of the Federal Chancellor on the supplementary register under the eGovernment Act (Supplementary Register Regulation-ERegV)

On the basis of the 2. to 4. Section of the eGovernment Act, BGBl. I n ° 10/2004 (E-GovG), in particular its § 6 (4) and its Section 7 (2), and the Data Protection Act 2000, BGBl. I n ° 165/1999 (DSG 2000), as last amended by Federal Law BGBl. I n ° 13/2005, shall be assigned in agreement with the Federal Minister for Finance and the Federal Minister for the Interior:

Section 1

Supplementary register

Management of the register

§ 1. (1) The Main Number Register Authority shall carry out a supplementary register, which shall be used for the clear identification of those natural persons and other persons concerned within the meaning of § 2 Z 7 of the eGovernment Act, BGBl. I n ° 10/2004 (E-GovG), which cannot be registered in the Central Register of Melting (ZMR), in the Company Book or in the Central Register of Associations (ZVR). In accordance with the second section of the E-GovG, the number of numbers (§ 2 Z 8 E-GovG) is to be made from the order of order in the supplementary register for each of the commissioned concepts. The supplementary register may also be used for the electronic proof of data in accordance with the 4. Section of the E-GovG is used.

(2) In the case of the management of that part of the supplementary register intended for the registration of natural persons (ERnP), the Office of the Office of the Federal Ministry of the Interior shall use itself as a service provider with regard to the Registration of other affected parts (ERsB) of the Federal Ministry of Finance. Both service providers may use appropriate sub-service providers in order to perform these tasks.

Section 2

Register Part ERnP

Occasion for entries

§ 2. Registration in the part of the supplementary register intended for natural persons may only be made

1.		in connection with a request made by the person concerned to issue a citizens ' card (§ 3) or
2.		at the request of a contracting authority of the public sector, to create the conditions for the unambiguous identification of natural persons in its data applications (§ 5), or
3.		for the adoption of amendments (§ 7).

Application by the person concerned

§ 3. Has occurred in the attempt to establish a person-bound relationship as defined in the 1. Section of the Main Register Ordinance (StZRegV), BGBl II No. 57/2005, shows that the natural person who applied for the issuing of a citizen card is not registered in the ZMR or the ERnP, is from the one with the application for exhibition If the applicant wishes to do so in accordance with § 8 of the StZRegV, the citizens ' card registration office responsible for the citizen card shall arrange for registration in the ERnP.

Entry data

§ 4. (1) The application for registration in the ERnP shall contain the following data of the person to be submitted:

1.		Family names
2.		First names,
3.		Gender,
4.		Date of birth
5.		the place of birth and, if it is located in the country, the federal state, if it is located abroad, the state in which this place is located,
6.		Nationality.

(2) For an entry in the course of a procedure for issuing a citizens ' card, the type, number/number of business, the issuing authority and the date of issue of those official documents with which the applicant is entitled to do so shall be specified in the first paragraph of paragraph 1. 1 to 6 said data. In the case of foreign nationals who are not EEA citizens, a travel document within the meaning of Section 1 (5a) of the Reporting Act 1991, BGBl, is in any case a travel document. No. 9/1992, in the version of the Federal Law BGBl. I No 10/2004.

(3) For the purpose of the register management, the address of the person to be included shall be indicated.

(4) For the determination of the application data, the data already used for the purpose of establishing the personal binding, including the data of the related identity determination (§ § 5 and 6 StZRegV), may also be used.

Request for a request from a contracting authority of the public sector

§ 5. (1) In connection with the provision of a data application with area-specific personal characteristics in accordance with § 10 paragraph 2 of the E-GovG and § 15 para. 1 StZRegV, the client may use the data application in respect of natural persons who are neither in the ZMR nor are found in the ERnP, the entry into the ERnP. For this purpose, he has the identity data required in accordance with section 4 (1) and, if possible, the address of the person to be submitted.

(2) The organisational requirements for entries in the ERnP, which are likely to be necessary in connection with the initial provision of an entire data application with area-specific personal identifiers (bPKs), shall be Taking into account agreements pursuant to section 16 (2) of the StZRegV.

Registration and registration

§ 6. (1) For the purpose of registering a natural person in the ERnP, the Main Number Register Authority has automated the Bürgercard Registration Office for applications pursuant to § 3 and the contracting authorities of the public sector for applications pursuant to § 5. Process with an interface and with web forms for input of the data available. Each request for entry shall be recorded in accordance with Section 14 (3) of the DSG 2000.

(2) For each natural person who is entered in the supplementary register, a record shall be stored, the order number appropriate to the unique name and the identity data in accordance with § 4 (1) as well as the address (if available) and the internal procedural data relating to the collection procedure. The serial number is to be formed in the same way as a ZMR number.

(3) For the treatment of the data to be recorded, such as the spelling, the same rules and arrangements apply, which are to be applied to the registration of data in the Central Register of Melting.

Changes in the register content

§ 7. (1) Concerned persons may report changes to the data of the master numerical register authority referred to in § 4 Z 1 to 6, either by way of a citizen card registration office or with the help of their citizen card for the purpose of registering in the ERnP. If the change report is made with the help of the Citizen Card, the message is the electronic documents or documents. their references in a register of documents within the meaning of the 4. To join the section of the E-GovG, which will prove the change. For change reports, the interfaces or interfaces provided by the root-number register authority are Use web forms.

(2) The clients of the public sector shall be informed of any changes in identity data (§ 4 Z 1 to 6, including the date of death), which have come to their knowledge and have been proven to be accurate by those concerned in one of the following: Data applications with area-specific personal identifiers are to be entered into the ERnP in the procedure provided for entries in accordance with § 5 of the number of procedures provided by the stock-number register authority. In such cases, the type, number/number of business, the issuing authority and the date of issue shall also be entered in the official documents with which the changes have been demonstrated.

(3) A data set registered in the ERnP shall be deleted 10 years after the death of the registered office, in so far as the master-number register authority is officially informed of the death of the data. However, in any case, a registered record is to be deleted 120 years after the date of birth indicated in the data set. As soon as a natural person registered in the ERnP is included in the registration register, their data shall be transferred to the registration register and, after a period of three months to be observed for reasons of data security, shall be taken into account in the Delete a supplemental register.

Use of the data of the ERnP

§ 8. (1) The part of the Complementary Register intended for the registration of natural persons shall be used solely for the purpose of recording those data for the detection of unique identities within the framework of the 2. to 4. Section of the E-GovG is necessary. This data may only be used for the procedures regulated by the StZRegV as well as within the framework of the function of the supplementary register as a register of documents.

(2) Any interrogation of the supplementary register shall be recorded in accordance with § 14 (3) of the German Data Protection Act (DSG 2000).

Section 3

Register Part ERsB

Eligible Affected

§ 9. In the ERsB part of the supplementary register only those affected persons within the meaning of § 2 Z 7 E-GovG are to be registered, which may not be entered either in the ZMR or ERnP or in the company register or in the association register.

Introduction

§ 10. (1) Institutions which are directly established by law or regulation may, for themselves and for their sub-organisations, be able to: For the organisations subject to their statutory supervision, submit an application for entry in the ERsB directly to the root-number register authority. All other parties concerned have received their applications for entry in the ERsB to the main register authority by way of a placement (paragraph 1). 3).

(2) The Main Number Register Authority shall make available for applications as referred to in paragraph 1 appropriate electronic means of entry to be published on the Internet. Requests from persons concerned shall only be accepted if they have been made by means of an electronic introduction path provided for.

(3) The place of entry shall be the service provider of the master numerical register authority which, on its behalf, shall collect the necessary data from the applicant, inspect the documents submitted by the applicant and document this electronically, and the Forwarding the completed application web form to the stock registration authority.

(4) Notaries, lawyers and business escorts may be used as entry points if they have entered into a service contract agreement with the master-number register authority. The terms and conditions of such an agreement shall be published on the Internet by the stock registration authority. Notaries, lawyers and business trustees who act as placement agencies may enter their business address on the information website of the root-number register office in the supplementary register.

(5) The Chambers established by law as professional interest groups may act as a place of entry in support of their members, in so far as the purpose of the inventory specified by the applicant falls within the scope of action of the board. The closer approach must be laid down in a service grant agreement between the board and the master-number register authority.

Content of the application

§ 11. (1) The following information shall be provided in the application and shall be proved by the provision of the necessary documents:

1.		the name, address and seat of the applicant;
2.		the name, address and, where appropriate, further comments concerning the organisational or geographical subdivisions of the applicant,
3.		Legal character or the organisational form of the applicant, including any explanations,
4.		the name of the documents and/or legal provisions with which the legal existence of the applicant is established (evidence of the existence of the applicant),
5.		the date of establishment or of the other supply and the duration of the stock, if it is limited in time,
6.		at the request of the applicant: the name of the bodies responsible for external representation and the persons performing these functions, together with any additional information on the scope of their power of representation; Specify data:
a)			where the representative is a natural person, the name of the organ function, the name of the representative and the surname, date of birth, place of birth, sex and address of the representative;
b)			if the representative is not a natural person: the name of the organ function and the number of numbers (if any), the name, the form of organisation and the address of the representative.

(2) The application shall also contain the name and address as well as the type and identification of the official photograph of the natural person responsible for the registration procedure, which shall be identified for identification purposes. In addition, a suitable address for electronic communications should be indicated.

Evidence required

§ 12. (1) In the case of the application, proof must be provided that:

1.		the applicant is not already registered in the company register or in the register of associations,
2.		if the applicant is not a legal person, there are legal provisions in Austria from which the award of a given form of organisation is the recognition of a person, whether only in partial areas of legal or economic transport existing-own identity or the ability to participate,
3.		the applicant is legally present (stock certificate),
4.		the persons referred to in Article 11 (1) (6) have the designated organ functions; and
5.		the natural person who makes the application for the name of the person concerned is authorized to represent the person concerned.

(2) The simplified proof of the condition (para. 1 Z 3), the organizational form (paragraph 1) 1 (2) and the identity of the institutions ' authorized bodies (para. 1 (4) may also be provided by the submission of a tax or detention order to a tax authority addressed to the applicant if, at the same time, the applicant authorises the disclosure of data to the applicant. Root number register authority within the meaning of section 48a (4) (lit). c of the Federal Tax Code, BGBl. No. 194/1992 in the version of the Federal Law BGBl. I No 2/2005.

(3) An application may only be forwarded to the master-number-register authority from an entry point if the necessary data and documents have been so fully taught that the application form (§ 10 para. 2) in all points could be filled out. The place of entry shall, in a protocol confirmed by it, whose number of business shall be stated in the application, record the documents submitted in the relevant parts in copy and, in accordance with the requirements of the Office of the Registry of the Office of the Main Register, To make agreements available in the Service Loan Agreement.

Examination of the application

§ 13. If, after examination of the application, the main register authority considers that the applicant cannot be entered into the ERSB, it shall refuse to be registered with the applicant. Otherwise, the registration shall be made.

Registration

§ 14. (1) In addition to the internal procedural data relating to the registration procedure, the registration shall include the data referred to in Article 11 (1) and a serial number, which clearly identifies the person concerned.

(2) In order to uniquely identify natural persons who are registered as representative authorized persons in accordance with Section 11 (1) (6), their area-specific identity marks for the data application "ERsB" shall also be stored, insofar as this is due to An existing registration of the representative authority in the ZMR or ERnP can be calculated.

(3) The entry into the ERsB shall be communicated to the applicant by the root-number register authority to the electronic address referred to in § 11 (2) or, if such a non-existence is not available, to his address. The notification shall contain the indication that confirmation of registration by the applicant can be procured at any time in the form of a register of registration pursuant to § 16 (3).

(4) Insofar as the data entered are based on data of the person concerned, the data concerned bears the responsibility for its accuracy. Entry in ERsB does not have a legally constitutive effect.

Changes

§ 15. (1) The affected persons registered in the ERsB shall immediately report any changes to the relevant facts to the Registry Office. The root-number register authority shall correct the entries accordingly, respectively. in the case of inadmissibility which has subsequently been proven. § § 10 to 14 shall apply to the procedure for the notification of a change.

(2) The correction or erasure shall be carried out on its own account if the Office of the Registry of the tribe learns of facts which result in the inaccuracy or the inadmissibility of entries.

Use of register data

§ 16. (1) The data stored in the ERsB are used

1.		the award of a unique order number for each registered person who is subsequently to be used as his regular number;
2.		facilitating, in particular, electronic evidence of the legal existence of the person concerned, and
3.		the identification of the identity of the representative authorized to represent the person concerned and the extent of that power of representation.

(2) The ERsB shall be held as a public register for the purpose of fulfilling the purposes set out in Section 1 (2) (2) and (3), which shall be kept available on the Internet by the Federal Ministry of Finance as its service provider by the Federal Ministry of Finance. It shall contain the data referred to in Article 11 (1) with the proviso that with respect to the data in Z 6 lit. (a) only the organ function, the name, the date of birth and the address are to be made available.

(3) For the purpose of proof of the facts documented in the ERSB, anyone may retrieve an electronic extract from the Register concerning the entries relating to a particular person concerned, which is made out of the register of the official signature. For this purpose, a web form and an interface are to be provided by the master number register authority.

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