Transcript Presentation at the First International Forum on

First International Forum on
eNotarization and eApostilles
Las Vegas, May 30 - May 31, 2005
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Delegation of the Austrian Chamber of Notaries
Rudolf Kaindl
civil law notary in Vienna and chargé d'affaires for
European Matters and member of the Permanent Council of
the U.I.N.L.
Alice Perscha
assistant of a civil law notary in Graz, arbitrator,
chairwoman of the NotarData, Institute of the Austrian
Chamber of Civil Law Notaries for electronic data
processing and office organization
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eProjects of the Austrian civil law notaries
Central eRegister of Wills and Testaments
online registration of last wills and testaments, contracts of
inheritance, renunciation of future inheritances and/or
compulsory portions
eRegister of Trusts
to ensure security and transparency when administering notarial
trusts in the interest of clients
Notarial Trust Bank (NTB)
fully electronical bank; a separate account is opened online for
each trusteeship for which only the registering civil law notary
(or his acting deputy) is authorized to make transactions;
beneficiaries are automatically notified about any transaction
concerning the account; all outgoing payments can be
monitored, information can be fully traced, full transparency is
granted
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eProjects of the Austrian civil law notaries
eSelf-assessment of Taxes
from the very beginning on civil law notaries were strongly
involved in the electronic self-assessment of land acquisition tax,
capital transfer tax (gift tax) and corporation tax
cyberDOC
electronic document archive, archiving in an authentic, lasting
and high-security way, documents are available for electronic
documentary, legal and administrative transactions in full
compliance with the needs of data protection and most stringent
security standards
registration agencies for secure electronic signatures
being trusted third parties, Austrian civil law notaries also offer
their services as issuing offices to promote the use of secure
electronic signatures
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eProjects of the Austrian Ministry of Justice
Legal Information Service (RIS)
online law-database, decisions/rulings of the courts, forms to
download...
eDatabase for Edicts ("Ediktsdatei")
database for edicts, insolvencies, judicial sales, court decisions
concerning probate proceedings (e.g. appointments of
curators...)
land register / business register
online registers, public access to the datas via dedicated billing
points
eArchives
electronic document archive for business registers at regional
courts
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eCommunication with the Ministry of Justice
NOTARY
Deed
„s(*§“7>
$%}]_e§$
r%&u7(/&
signed & encrypted
cyberDOC
If the notary releases the deed for viewing by specifically authorised
third parties (as justice authorities, tax authorities):
cyberDOC
'copy' of
deed
„s(*§“7>
$%}]_e§$
r%&u7(/&
signed & encrypted
central document
server
after entering an access code for the deed and positive verification
of the code by the document server, the authorised third party may
access the 'electronical copy' of the deed, specifically released for
them , via secure internet connection (https)
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the vision...
 optimizing proceedings by using cyberDOC
legal authority
client
treaty
treaty
treayt
courts
treaty
central document
server
business register
cyberDOC
tax authorities
N104808 02 04
treaty
treaty
„s(*§“7>
$%}]³e§$
r%&u7(/&
land register
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eNotarization becomes real...
no need for a separate 'internet law' or 'electronic
law'
adopting/clarifying existing rules, retaining time-tested legal
institutes and safeguards
creation of the electronical public deed/electronical
private document
changes in the Austrian Code of Civil Procedure will ensure the
creation of electronical deeds/documents making rules of
evidence applicable for the electronic world
creation of the eNotarization in the Austrian
Notarial Act
legal changes will enable Austrian civil law notaries to transfer
their powers from the 'paperworld' to the 'electronic world' and
free the way to eNotarization and eLegalization
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thank you for your attention
& your interest
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