Ordinance on Notarial Administration (Notarial Administration Ordinance)

Notariat Administration

Notariat administration encompasses the management of the notary system, particularly the areas of finance, human resources, furnishing of official premises, acquisition and maintenance of office equipment and IT resources, as well as the provision for the orderly conduct of business by the notariats.

The administration of the notary's office is exercised by the Administrative Commission, the Notary Inspectorate, the Extended Management, and the Notary's office itself, insofar as it is not reserved for the High Court as a collective authority.

1. Notariat Inspectorate The Notariat Inspectorate manages the affairs of the notary system for the Administrative Commission of the High Court in the areas of supervision and administration, to the extent it is authorized to do so by this Ordinance.

2. It prepares matters falling within the competence of the Administrative Commission, insofar as they concern the notary system, and generally makes recommendations.

3. It may conclude contracts with the notaries by which the global budget is allocated to the

individual offices.

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Notarial Administration Ordinance

Notarial

1 Notary offices are responsible for the administration of notary affairs in the areas assigned to them by this Ordinance and for the competences transferred to them.

2 Insofar as this Ordinance assigns individual administrative powers to the notary office, these powers lie with the notary.

II. Financial Affairs

Budget

and

Annual Accounts

Fee and

Accounting

Competences

a. Notary Inspectorate

b. Notary Offices

The Notarial Inspectorate prepares the budget, annual financial statements, and the necessary planning documents for the notary system for the attention of the Administrative Commission.

The Notarial Inspectorate monitors the entire system of fees and accounts and is responsible for compliance with the credits approved for the notarial system, as well as for the effective use of available resources.

The expenditure authority of the Notary Inspectorate is determined by the provisions of the Ordinance on the Organization of the High Court7.

1 Notary offices have at their disposal the budget approved for them,

within the scope of their assigned competencies.

2 They are responsible for proper accounting and for compliance with the

funds made available to them within the framework of contracts, as well

as for the effective deployment of these funds.

III. Human Resources

Principles

Staffing Plans

The Administrative Commission determines the guidelines to be observed in human resources. It sets the total score decisive for the staffing plan in the notary system and exercises supervision over the staffing plan.

1 The Notarial Inspectorate is responsible for determining,

amending, and processing the staffing plans for the Notarial Inspectorate

and for the individual Notarial Offices.

2 It periodically reports to the Administrative Commission on

the staffing plan and its utilization.

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Notarial Administration Ordinance

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The Inspectorate of Notaries is the appointing authority with regard to the appointment of its own employees as well as the Deputy Notaries and Deputy Notaries of the Notary Offices.

a. Employees of the Inspectorate of Notaries and Deputy Notaries

1. **The Notary Office as Employer for Other Employees**

The Notary Office is the employing authority for its other employees within the framework of the staffing plan.

2. **Employment of Additional Personnel**

The Notary Office Inspectorate may, within the scope of available resources, approve the employment of personnel for individual Notary Offices outside of the staffing plan.

3. **Approval for Allowances**

For the granting of allowances pursuant to §§ 25, 26 paras. 1–3, and 27 of the Personnel Ordinance, agreement with the Notary Office Inspectorate is required.

The Notarial Inspectorate Grants Expanded Powers

**Expanded Powers**

in the sense of Section 13 et seq. NotG8 to employees.

The Notary Inspectorate conducts central training courses for apprentices (male and female) and continuing education courses for employees (male and female).

The Notariat is responsible, with the support of the Notariat Planning Inspectorate, for personnel planning, personnel recruitment, and personnel support.

The Notarial Inspectorate monitors compliance with the

principles of recruitment, classification, and promotion by the

notarial offices and coordinates their practice. It issues supplementary binding guidelines.

1. **The Notarial Inspectorate plans and develops organizational, administrative, and technical aids for human resources management. It maintains a central human resources information system.**

2. **It determines the fictional start date for notaries, female notaries, and other personnel.**

The Notary Inspectorate is responsible for the transfer

of employees to another notary office (§ 28 Personnel Act³),

and referral.

The arrangement of precautionary measures and the provisional

issuance of a referral against a notary, a notary's deputy, or a notary's

deputy falls within the purview of the Administrative Commission; against

other employees, it falls within the purview of the Notary Inspectorate

(§ 29 Personnel Act³).

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Representation § 20. The Notary Inspectorate shall take the necessary measures

in case of temporary overload of an office or in case of longer-

lasting vacancies.

Transfer of Office § 21. The Notary Inspectorate shall make the necessary arrangements

in connection with transfers of office.

Lease IV. Office Premises

1 Rental agreements are concluded by the Notarial Inspectorate, which also determines the allocation of office premises.

2 The rental of office premises requires the approval of the Administrative Commission.

Contact with § 23. The notary's office maintains contact with the landlord and ensures

the landlord and the structural maintenance within the scope of the funds allocated to it.

structural

maintenance

IT Resources V. IT Resources, Furniture and Office Machines

§ 24. The Notarial Inspectorate manages and coordinates IT projects in the notary system and submits applications to the Administrative Commission for the procurement of IT resources (hardware and software), unless it is authorized to do so within its own competence.

Furniture and § 25. Notary offices procure furniture and office machines within the

Office Machines scope of the funds available to them and existing guidelines.

Responsibility VI. Business Operations of the Notary Offices

The notary offices are responsible for the proper fulfillment of the

tasks assigned to them.

Leadership § 27. The notary is responsible for leading the

office. He or she performs leadership tasks by applying their personal

qualities, promotes employees, and deploys them according to their

abilities and functions.

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VII. Notary Inspectorate

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10 The Notary Inspectorate is headed by a Business Manager or Business Manager.

a female Business Manager. Representation is exercised by a Notary

Inspector or a female Notary Inspector. If there are several, the Administrative Commission determines the representation.

11 Supervision

1 The Notary Inspectorate inspects each office under its supervision generally once a year.

2 It submits a written report to the Administrative Commission.

1 The Notary Inspectorate may issue binding instructions to the offices in individual cases, particularly in connection with inspections, including instructions concerning the application of law, and may impose conditions or submit corresponding requests to the Administrative Commission.11

2 The issuance of general service instructions in the form of circulars and regulations is reserved for the Administrative Commission.

The Notarial Inspectorate reports annually to the Administrative Commission on the workload, business management, personnel situation, financial development, the status of land register introduction, and the activities of the Notarial Inspectorate.

VIII. The Extended Management

1 The Notary Inspectorate is assigned an extended management board. It consists of the Head of Business or the Head of Business of the Notary Inspectorate and their deputy, as well as five notaries. Other notary inspectors attend meetings in an advisory capacity. The Head of Business chairs the meetings.

2 The five notaries are elected by the Administrative Commission for a term of two years. Re-election is permitted twice.

3 The notaries may submit nominations to the Administrative Commission.

The secretariat of the extended management is provided by the secretariat of the Notarial Inspectorate.

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242.25 Ordinance on the Administration of Notarial Affairs

Decision-making

Convening

Tasks

1 The extended management is quorate if three notaries and the head of the Notaries Inspectorate or their deputy are present. Resolutions are passed by a simple majority of the votes of the members present.

2 If a resolution is not adopted unanimously, two members of the extended management may demand that the matter be submitted to the Administrative Commission for decision.

The extended management board shall be convened for meetings at least twice annually by the Notarial Inspectorate or upon application by three notarial representatives.

The expanded management is responsible for

a. Defining the management instruments for the notary system,

b. Defining the staffing plan for the entire notary system within the

framework of the given total score and the issuance of

principles for the definition of staffing plans for the individual

notary offices by the Notary Inspectorate,

c. Defining the principles for personnel development and the

instruments for the selection and development of professional

young talent,

d. Ascertaining customer and employee satisfaction,

e. Formulating the service mandate and issuing the principles

regarding contracts,

f. Issuing the principles for the structural design of notary offices,

g. Giving an opinion on professional work aids and in form management,

h. Giving an opinion on fundamental directives falling within the remit of the

Administrative Commission or the Supreme Court,

general instructions, IT strategy, competence regulations

in the notary system, definition of guiding positions and further

directives in personnel matters as well as concerning the amendment of existing

or the issuance of new legal enactments,

i. Handling matters submitted by the Administrative Commission or the Notary

Inspectorate,

k. Issuing rules of procedure for the expanded management.

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IX. Final Provision

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1 This Ordinance comes into force simultaneously with the Ordinance

on the Organisation of the High Court of 8 December 1999².

It shall be published in the Official Gazette and in the Collection of Laws.

2 At the same time, the Ordinance on the Notary Administration

of 14 December 1988 is repealed.

1 OS 56, 238.

2 In force since 1 January 2001 (OS 56, 184).

3 LS 177.10.

4 LS 177.11.

5 LS 211.1.

6 LS 211.21.

7 LS 212.51.

8 LS 242.

9 Version according to D of 3 November 2010 (OS 65, 859; OG 2010, 2525). In

force since 1 January 2011.

10 Version according to D of 3 December 2014 (OS 70, 7; OG 2014-12-12). In force

since 1 March 2015.

11 Version according to D of 2 March 2016 (OS 71, 185; OG 2016-03-18). In force

since 1 July 2016.

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