Rs 943.033 Order Of September 23, 2011 On The Authentic Act Electronic (Oaae)

Original Language Title: RS 943.033 Ordonnance du 23 septembre 2011 sur l’acte authentique électronique (OAAE)

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943.033 order on the authentic Act electronic (OAAE) of September 23, 2011 (status November 1, 2012) the federal Council Swiss, view of art. 55, art. 4, the final title of the civil code, view the art. 7, al. 3, and 8, al. 2, of the Act of 19 December 2003 on the electronic signature (SCSE), stop: Section 1 provisions general art. 1 object and purpose this order rule, in the field of private law, the technical requirements and the procedure relating to: a. the electronic delivery of authentic acts; b. legalizing electronic signatures and copies; c. the legalization of paper copies of electronic documents.

It is designed to ensure that electronic deeds provide at least as much security as authentic acts on paper and allow their exchange between different computer systems.

Art. 2 deed a deed is a document in which a person authorised to train, competent for the place and the material record constituting a legal or procedure act statements, or even see facts having legal effect, in a form and under a procedure predefined.

Art. 3 instrumentation a Act authentic electronics to create an authentic instrument or an electronic legalization, the person who so empowered proceeds in the following manner: a. it establishes the electronic document in the cases provided for in art. 10, 11 and 13; b. it saves the document in a recognized electronic format; c. it equips the saved document confirmation required for the Act in question (form of confirmation); d. she signs the document by means of a qualified electronic signature based on a certificate called a provider recognized certification within the meaning of the quality service, with the evidence that she has the right to draw up authentic acts as well as a recognized time/date stamp.

Evidence of the right to draw up authentic acts is provided through a confirmation of admission separate obtained online for every deed in the register of persons authorized to draw up authentic acts, which contains the following data: a. proof that its holder has the right to draw up authentic acts; b. the professional designation or ministerial under cantonal law , as well as the abbreviation of the canton of admission to the exercise of this office; c. the reference to the entry in the register.

The federal Department of justice and police (FDJP) fixed the electronic formats in an order and rule in matters of organization and technical requirements.

New content according to section I of the Sept. 21 O. 2012, into force since Nov. 1. 2012 (2012 5433 RO).
New content according to section I of the Sept. 21 O. 2012, into force since Nov. 1. 2012 (2012 5433 RO).

Art. 4 duty of care of persons authorized to draw up authentic acts the person empowered to draw up authentic acts takes all necessary and appropriate in order to avoid that the certificate for the instrumentation of these acts could be used by others, especially by his assistants.
When she signed electronically, the person empowered to draw up authentic acts always use a card reader, which ensures that the introduced personal identification (PIN) number can be read by a third party.

Art. 5 Equivalence of authentic acts drawn up in accordance with this order forms are equivalent to those drawn up on paper.
They can be used in operations with all authorities which have introduced the possibility to communicate and conduct transactions electronically.

Art. 6 application of the foreign law if a shipment or electronic legalization is intended for use abroad, it can be listed as an exception to the provisions of this order and in accordance with the requirements in force in that country, as long as they provide comparable guarantees of integrity, authenticity and security.

Section 2 Swiss Register of persons authorized to draw up authentic acts art. 7 provision of the federal register of the Office of justice entrusted to an external body to the central federal administration provision and operation of a system for keeping a Swiss Register of persons authorized to draw up authentic acts (registry).
Operator of this register is financed itself by fees covering its costs.

Art. 8 inscriptions made by the cantons cantons part in this register at the persons authorized to draw up acts authentic in their canton and who wish to offer such an act in electronic form.
They immediately enter the changes to the data they hold in this register.

Art. 9 contents of register those entitled to draw up authentic acts are listed in the register with the following data: a. the name, such names that they result of the passport or the identity card, date of birth and nationality; b. address the study or of the Agency; c. the professional designation or ministerial under cantonal law , as well as the abbreviation of the canton of admission to the exercise of this office; (d) the identification number of enterprises (IDE) in application of the Federal law of 18 June 2010 on the identification number companies and, where appropriate, cantonal number used by the person empowered to draw up authentic acts; e. the date of admission to the exercise of this office; f. where appropriate the date of lapse of the right to draw up authentic acts; g. certificates which are used to draw up authentic acts or have been.

The person authorized to draw up authentic acts announced to the registry planned certificates to the al. 1, let. g. any renewed admission previously admitted someone once to draw up authentic acts gives rise to a new entry in this register. Previous registrations are not struck.
The cantons can fit in this register of additional data on persons authorized to draw up authentic acts, insofar as they are based on a legal basis.
With the exception of those provided for in para. 4, the data in the register are public.

RS 431.03 Section 3 Procedure for shipments and legalizations art. 10 a minute electronic shipping the minute is drawn up on paper.
She is then scanned partially or in its entirety with its annexes.
The person authorized to draw up authentic acts attached to the electronic document the form of confirmation that the document is in accordance with the minute or the corresponding extract from it.
She can join the formula for confirmation of other data, such as a recipient or the continuous number of shipping.
She draws up an electronic delivery of the document in accordance with art. 3, al. 1 art. 11 legalization of an electronic copy of a paper document when establishing a legalized electronic copy of a paper document is scanned it partially or in its entirety.
The person empowered to draw up authentic acts attached to the electronic copy the formula of confirmation that it is in accordance with the document on paper produced or the corresponding snippet of it.
She draws up an electronic copy legalized this document in accordance with art. 3, al. 1 art. 12 legalization of a draw printed an electronic document the document submitted in a recognized electronic format is printed partially or in its entirety on a paper support.
The person empowered to draw up authentic acts attached to the printed drawing the formula of confirmation that it faithfully reproduces the content of the electronic document produced or the corresponding snippet of it.
If the document to be legalized is signed electronically, the person empowered to draw up authentic acts examines the signature and notes the outcome of the review on the draw printed regarding: a. the integrity of the document; (b) the identity of the signer; c. the validity and the quality of the signature, including, where appropriate, the specific qualities legal; d. timing of the signature indicating if the document is provided with a time/date stamp recognized.

She date and sign the printed drawing with the formula of confirmation provided for by cantonal law.
It may also legalize prints printed electronic documents produced in an unrecognized format. In this case, it is exclusively indicative of what she is able to perceive as being reliable.

Art. 13 electronic legalization of a signature on a paper document in the case of electronic legalization of a signature on a document on paper, the document is scanned partially or in its entirety, including signature.
The person authorized to draw up authentic acts attached to the electronic document in the form of confirmation that the signature on the document on paper: a. has been affixed in presence of the signatory's own hand; forgotten the source. has been recognized by the signatory as his own.

She signs the document with this formula of confirmation in accordance with art. 3, al. 1 art. 14 electronic legalization of an electronic signature


In the case of electronic legalization of an electronic signature, the person empowered to draw up authentic acts joined the electronic document form of confirmation that the electronic signature: a. has been affixed in his presence by the signatory, forgotten the source. has been recognized by the signatory as being an electronic signature that he has himself affixed.

It dates and signs the document with this formula of confirmation in accordance with art. 3, al. 1 section 4 provisions final art. Transitional 14aDisposition relating to the amendment of September 21, 2012 until provision of the register under art. 7, the Department may issue provisions on the means of proof of the right to draw up authentic acts without obtaining the confirmation of admission under art online. 3, al. 2. these provisions are valid until 31 December 2013 at the latest.

Introduced by the I of O ch. 21 sept. 2012, into force since Nov. 1. 2012 (2012 5433 RO).

Art. 15 entry into force this order comes into force on January 1, 2012.

Introduced by the I of O ch. 21 sept. 2012, into force since Nov. 1. 2012 (2012 5433 RO).

RO 2011 4779 RS 210 RS 943.03 new content according to section I of the Sept. 21 O. 2012, into force since Nov. 1. 2012 (2012 5433 RO).

Status as of November 1, 2012

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