Chamber of Notaries

As Chamber of Notaries in are Austria the professional organizations of notaries referred.

All members of the profession of a federal state form a college of notaries. The professionals from Vienna, Lower Austria and Burgenland as well as from Tyrol and Vorarlberg each form a joint college. Each college elects the officials of the Chamber of Notaries in a secret ballot. Each of the six chambers of notaries consists of the president and notaries and notary candidates. The chambers of notaries are corporations under public law. Your tasks are in particular the supervision of the management, the disciplinary supervision and the mediating intervention in case of differences of opinion between notaries and clients. You participate in filling notary posts and maintain relationships with other professional organizations at home and abroad.

The Austrian Chamber of Notaries (ÖNK) has its seat in Vienna. It is made up of delegates from the six chambers of notaries who elect the president and the standing committee. In particular, the ÖNK has the authority to issue binding guidelines for the practice of the profession and represents the affairs of the notary's office.

The notary's office

In Austria, the notary's office is uniformly regulated nationwide. The most important legal bases are the following three federal laws: the Judicial Commissioners Act, the Notariatsaktsgesetz and the Notariatsordnung.

In Austria three central activity groups form the legally defined sphere of notaries, first, the activity as a court commissioner within the Austrian district courts, especially in probate proceedings , secondly, public (on the basis of § 1 of the Austrian NO) the construction documents (notarial acts, protocols, certifications , other "notarizations") and thirdly (on the basis of § 5 of the Austrian NO) the drafting of private documents (in particular "real estate contracts", such as gift, condominium and purchase agreements including trust transactions, company law contracts, family law and inheritance law documents such as wills, whereby individual legal acts are to be designed by the notary as public documents) and legally-friendly takeover of liquidations mainly in non-dispute proceedings (especially in land register proceedings , commercial register proceedings and probate proceedings ) as well as in Ve Administrative proceedings (e.g. in real estate proceedings). Notarial deeds can be enforceable in Austria like legally binding court judgments (§§ 3 ff NO). The notarial certification is not only an official certification of the correctness of a signature, but also indicates the legal capacity of the signing party. Since January 1, 2019, the notarizing notary has also had to ascertain as part of the certification process whether the signing party is familiar with the content of the document and whether the signature is free of compulsion, which must also be confirmed in the certification clause.

What do notaries do?

The notary is the holder of a public office to which state authority is entrusted to draw up public documents. He / she ensures the authenticity, evidential value and storage of these documents. The notary is required by law to be impartial and objective and enjoys public faith. Notarial deeds have special evidential value before courts and authorities. Notarial deeds can also be made enforceable just like legally binding court judgments.

In addition, the notary offers a wide range of legal services. He / she not only takes into account the options under civil law, but also the tax side of the transactions. In this way, he / she can create an optimal, secure and cost-effective solution for everyone involved.

The model of the Austrian notaries

The Austrian notaries see themselves as modern service providers. They are constantly developing their services in an innovative and customer-oriented manner. At the same time, the notaries are traditional in the best sense of the word: the high quality standard of advice, the protection of clients and their contribution to the existence of Central European legal culture are constant leitmotifs of their work.

Notaries acknowledge their special responsibility in the legal system of the Republic of Austria - and vice versa. Notaries accompany citizens and companies into the Europe of freedom, security and justice. Because they take these obligations seriously - and because they enjoy doing them. Always with the principle in mind, which you have formulated as a claim to yourself and as a promise for clients and partners: Service through the ages - legal security at the cutting edge.

history

In the 19th century, public notaries emerged from typists in ruling chancelleries from the Middle Ages and from legal experts authorized by the Pope or Emperor to record credible documents.

to whom the state office has been entrusted to record publicly faithful (fully conclusive) documents while maintaining strict impartiality and - especially in Austria - to carry out probate proceedings for the courts; In addition, they offer their clients a wide range of legal services in the field of civil and commercial law, thereby helping to avoid disputes; they are also available as mediators for dispute resolution

Legal basis

Notaries are appointed by the state and introduced into their public office so that, in accordance with this Act, they record and draw up public documents on legal declarations, legal transactions and legally relevant facts and, to relieve the courts, keep the documents entrusted by the parties and funds and securities for delivery to third parties or to be taken over by authorities.

The notarial deeds recorded by notaries (notarial acts, notarial protocols and notarial certifications), as well as the copies issued under this Act, are public deeds if all formalities prescribed as essential were observed during the recording and execution.

Requirements for the appointment as a notary are:

• the nationality of a member state of the European Union or another signatory state to the Agreement on the European Economic Area or the Swiss Confederation,
• Legal capacity in all matters, free asset management and honorable past life,
• the non-existence of an upright legal representation within the meaning of § 1034 ABGB,
• the completion of a degree in Austrian law (§ 6a),
• successful completion of the notary's examination,
• seven years of practical use in the legal manner and
• that the applicant has not yet reached the age of 64.

Dr. Michael Umfahrer, President of the Austrian Chamber of Notaries

President of the Austrian Chamber of Notaries

President of the Austrian Chamber of Notaries	Term of office
Dr. Michael detour	since October 2019
Univ.-Doz. GDR. Ludwig Bittner	2010 to 2019
Dr. Klaus Woschnak	2003 to 2010
Hon. Prof. Dr. Georg Weissmann	1991 to 2003
BM a. D. Dr. Nikolaus Michalek	1989 to 1990
Prof. Dr. Kurt Wagner	1977 to 1989

Organization at the state level

In Austria the following chambers of notaries exist at state level:

• Chamber of Notaries in Carinthia
• Chamber of Notaries of Upper Austria
• Salzburg Chamber of Notaries
• Chamber of Notaries of Styria
• Chamber of Notaries in Tyrol and Vorarlberg
• Chamber of Notaries Vienna, Lower Austria and Burgenland

In the area of ​​the chambers of notaries, all notaries and notary candidates together form the notarial college, which meets regularly. The colleges of notaries themselves, as well as the group of notaries and the group of notary candidates, are each corporations under public law . The groups are responsible for representing the interests of the class and safeguarding the honor and dignity of the class. The entire college of notaries decides on common matters such as the budget, the contribution system or the creation of welfare institutions. Participation in the meetings is compulsory for all members.

The College of Notaries elects the Chamber of Notaries. The Chamber of Notaries consists of one notary as president, six notaries and three notary candidates as members, the Chamber of Notaries Vienna, Lower Austria and Burgenland of one notary as president, twelve notaries and six notary candidates as members. The chambers of notaries are also corporations under public law.

The tasks of the chambers of notaries are the management of the day-to-day business for the colleges of notaries, participation in administrative tasks, participation in the handling of disciplinary law , participation in the filling of notary posts, submission of reports on the ability and use of notaries and notary candidates and the arbitration of Disagreements.

Organization at the federal level

The Austrian Chamber of Notaries exists at the federal level. This is made up of the Austrian chambers of notaries and is a public corporation. The highest body of the Austrian Chamber of Notaries is the delegates' day, to which the individual chambers of notaries send delegates. The delegates' day elects the president and a standing committee.

The Austrian Chamber of Notaries carries out the tasks that go beyond the local scope of the individual chambers of notaries. This includes in particular

• the assessment of bills,
• maintaining relationships with other professional organizations at home and abroad with the same or similar area of ​​responsibility,
• Participation in institutions and companies that are suitable to promote the interests of the notary, such as the notary trust bank
• the creation of institutions for personal insurance for members of the notary's office,
• the issuing of binding guidelines for the notary's office in the cases specified in the notarial regulations
• the maintenance of certain registers, such as the Austrian Central Register of Wills, the Trustee Register of the Austrian Notary's Office, the Archive of Documents of the Austrian Notary's Office and the Austrian Central Representative Directory.

There are special legal regulations for keeping the register, so notaries and courts must enter the wills deposited with them in the Austrian Central Register of Wills. In the probate procedure, it is checked whether wills made by the deceased are entered in the register.

International

The Austrian Chamber of Notaries maintains a permanent representation in Brussels in order to be involved in European legislative projects as early as possible. At the same time, a regular, timely and targeted flow of information about EU projects from the Brussels office to Austrian notaries helps improve the range of notarial services for citizens and companies.

At least 70% of the economic legislation in Austria today is based on EU requirements. Significant legislative competencies, for example in the areas of commercial and company law, civil procedural law and, increasingly, substantive civil law are being shifted from the national legislators to Brussels.

Due to the increasing integration of Europe, the mobility of citizens and companies, the range of services of Austrian notaries is also changing.

Office of the Austrian Chamber of Notaries in Brussels

B-1000 Bruxelles, Avenue de Cortenbergh 172 / 7th floor

Tel: + 32-2-737 9000, Fax: + 32-2-737 9009

Email: [ [1] ]

The area of ​​responsibility in Brussels

The profound effects of Austria's accession to the European Union in legal and economic terms prompted the Austrian Chamber of Notaries (ÖNK) to open an office in Brussels in 1997. Since then, the office has been manned by an Austrian lawyer. In 2010 the office was strengthened by another lawyer and a project manager for the implementation of various projects co-financed by the Commission.

A very important function of the ÖNK representative in Brussels is to maintain contacts with political decision-makers in Brussels. These are essentially the contacts to the EU institutions, but also to various interest groups such as the Austrian Chamber of Commerce, the Austrian Bar Association, the SME Union, the German Federal Association of the Liberal Professions and, above all, to Austria's representative authorities at the EU. The preparation of the decisions reserved for the President is essentially carried out in coordination between the Austrian Chamber of Notaries in Vienna and its office in Brussels.

Furthermore, the representation of the interests of the Austrian notarial profession within the Council of Notariats of the European Union (CNUE), the umbrella organization of European notarial organizations, is of central importance. The Austrian Chamber of Notaries is often entrusted with the preparation of CNUE positions. The ÖNK representative in Brussels has a coordinating role here. The Austrian Chamber of Notaries is represented at the Conference of Notaries' Offices of the European Union by its President, Univ.-Doz. GDR. Ludwig Bittner represented. CNUE President 2011 is the Viennese notary Dr. Rudolf Kaindl.

European issues are communicated by the Brussels office via the internal chamber circular for notaries and notary candidates as well as via the Austrian notary's magazine “Nota Bene”, which appears every two months, and finally via the homepage www.notar.at.

The Austrian notary's office in Brussels focuses on the following topics: European legal area in civil matters, European company law (action plan) and corporate policy for SMEs, European charter for small businesses, entrepreneurship action plan, European contract law, internal market policy for services, competition policy in the liberal professions, eEurope action plan, Consumer protection policy.

The results of these activities flow into the long-term education and training of notaries and notary candidates and are taken into account in the product and service development of the Austrian Chamber of Notaries.

The office of the Austrian Chamber of Notaries sees itself as a service point for answering inquiries from Austrian notaries and notary candidates as well as from citizens (e.g. Austrians who live in Belgium).

Conseil des Notariats de l´Union Européenne

The Austrian Chamber of Notaries has been a member of the Council of Notaries of the European Union (CNUE) since Austria joined the EU on January 1, 1995 and is represented there by its President. The CNUE represents the notary's office at the European institutions and is the political body of the notaries at European level.

The Council of Notariats of the European Union (CNUE) is the European umbrella organization of the national professional associations of the notarial profession. Members are organizations of notaries from 22 EU member states. The Turkish Chamber of Notaries enjoys observer status. The CNUE has a permanent office in Brussels.

The CNUE develops the positions of the notary's office at EU level, coordinates the positions of its member notaries' offices and represents them in relation to the European institutions.

The Austrian notary's office had been given the chair three times since the CNUE was founded. Most recently, the Viennese notary Dr. Rudolf Kaindl held the office of CNUE President in 2011. In 2007, the President of the Austrian Chamber of Notaries, Dr. Klaus Woschnak, the presidency of the CNUE. In 2000, the then President of the Austrian Chamber of Notaries, Dr. Georg Weißmann, true.

CCEN - Cooperation of Central European Civil Law Notaries

The Austrian Chamber of Notaries cooperates closely with the notarial organizations of the countries of Central and Eastern Europe within the initiative of Central European Notaries (Cooperation of Central European Civil Law Notaries).

The notaries' offices of Croatia, Slovakia, Slovenia, the Czech Republic, Hungary and Austria belong to this initiative. The aim here is, on the one hand, to work closely together on a technical level and, on the other hand, to support the practical work in the course of the accession of most of the named states.

The International Union of Notaries (UINL)

In more than 100 countries on all continents, notaries have special responsibilities for the certification and certification of legal transactions, legal declarations and legally significant transactions. These notarial deeds have particular credibility and evidential value. For this purpose, the states have given the notaries a part of their state power of documents. Therefore, the “public” documents of these notaries are equivalent to the documents of state courts and authorities.

States with this notarial system (also known as “Latin notarial” or “public notary”), security in legal transactions for citizens and companies is a particular concern.

Members from 4 continents

The notarial organizations of 87 countries from Europe, America, Asia and Africa are currently members of the International Union of Notaries (UINL) with headquarters in Buenos Aires (Argentina) and the administration in Rome (Italy). For membership in the UINL, the notaries of these states must have the power of public documents, i.e. part of the sovereign state authority. Often these notaries have also been assigned other sovereign powers of the state, e.g. B. judicial tasks such as probate proceedings or selling real estate.

In some states there are also notaries' offices, but they are not assigned sovereign tasks of the state to protect legal transactions. Their documents are not public documents and therefore have no other evidential effect than other private documents. The professional associations of these notaries can therefore not be members of the International Notary Union.

The International Union of Notaries (UINL) was founded on October 2, 1948 in Buenos Aires as an international association. Its aim is to promote, standardize and further develop the activities of public notaries on an international level. This is intended to ensure sovereign document competence, independence and impartiality of the public notaries for better service to citizens and companies and to promote legal security and freedom of contract.

The International Union of Notaries (UINL) works with national and international organizations and promotes research in the legal areas of notarial activity. She works for the establishment of public notaries in states that are not familiar with the Latin notarial system and promotes the principles that characterize the Latin notarial office.

Pension fund of the Austrian notary's office  

The pension institution of the Austrian notary's office (VAN) is an independent professional pension institution for the Austrian notary's office. It provides for notaries, notary candidates and their surviving dependents in the event of old age, occupational disability and death and it is included in the Notary Pension Act - NVG 2020 (Art. 8 Social Insurance Organization Act - SV-OG, Federal Law Gazette I 100 / 2018) regulated. The pension fund of the Austrian notary's office is a corporation under public law with its own legal personality and is subject to the supervision of the Federal Minister for Social Affairs, Health, Care and Consumer Protection.

Web links

• Austrian Chamber of Notaries

Individual evidence

1. ↑ Section 124 (2) of the Notarial Code
2. ↑ Section 125 (1) of the Notarial Code
3. ↑ Section 125 (2) of the Notarial Code
4. ↑ Section 128 (4) of the Notarial Code
5. ↑ § 140c Paragraph 4 of the Notarial Regulations

Section 1, Paragraph 1 of the Notarial Regulations