Austrian Public Notary

A public notary in Austria mainly deals with legalization and authentication of documents. The fee for a public notary in Austria is determined according to the Notarial Tariff Act. The Federal Minster of Justice decides upon the number of notarial positions and locations of offices. The Federal Minister of Justice is also the responsible institution for supervision of the public notaries in Austria, together with the Justice Administration Department and the Chamber of Notaries. The profession of public notaries in Austria is regulated by a separate disciplinary law.

Admission

Legal education, as well as training to become a public notary in Austria is strict and time-consuming. Applicants for public notaries in Austria must have Austrian nationality and must have completed a law degree course. A public notary in Austria is appointed by the Austrian attorney general based on the proposals made by the Chamber of Notaries. The number of positions for public notaries in Austria is limited by law. A candidate for a public notary in Austria must be a graduate of law studies. In order to have his name on the list of candidate notaries, he must find an attorney who accepts him as an employee. Some requirements have to be met in order to be eligible for the candidate list. The person should have had at least nine months of practice and should not be older than 35. The candidate must also pass a notarial examination, after attending training courses prescribed by the Chamber of Notaries.

Activities

The main activity of a public notary in Austria is to take part in legal processes and in legal assistance for the public. A public notary in Austria provides certification to legal instruments concerning the establishment, restructure or sale of an Austrian company. Public notaries in Austria also provide administrative assistance to Austrian courts when it comes to inheritance proceedings. They also draw up public documents and draft private certificates, in addition to offering advice as “court commissioners”. Last but not least, a public notary in Austria must have strong knowledge of the Austrian law in order to asses a deceased person’s assets.

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