Austria: templates and forms

The contract for a private sale of a used car in Austria: the vehicle with its chassis number, Typenschein or data extract and next roadworthiness test under § 57a KFG (the Pickerl), price and payment, the seller's statements on mileage, accidents and known defects, the exclusion of warranty with its limits under Austria's Civil Code (ABGB), and an express choice on roadworthiness. With the date and hour of handover, deregistration under the Austrian Motor Vehicles Act (§ 43 Abs 4 KFG) and who answers a driver enquiry until then. Not for a dealer sale. In German, ready to print twice and sign.

The record that seller and buyer fill in together when a sold car changes hands in Austria: date and exact hour, mileage, fuel or charge level, visible damage, whether the car is roadworthy, papers handed over — Typenschein or data extract, Zulassungsschein, the latest roadworthiness report under § 57a KFG (the Pickerl) — and keys, and whether the car is handed over deregistered or still registered. The hour matters: until deregistration the seller remains the registered keeper and receives every driver enquiry. Goes with the sale contract. In German, ready to print and sign by both.

A power of attorney for one transaction or one kind of business in Austria: a visit to an authority, collecting a document, registering a car, handing over a flat, a single sale. Under § 1008 of the Austrian Civil Code (ABGB) it must name the business precisely — for a gift or accepting an inheritance, the single transaction. Before authorities it proves the agent’s authority in writing (§ 10 AVG, § 83 BAO). With an expiry date, restrictions and room for certification if it is used in the land register. In German, ready to print and sign.

The agreement by which you let another person drive your car — family, friends or acquaintances — including trips abroad: period, purpose, countries allowed, the licence check under § 103 Abs 1 Z 3 of the Austrian Motor Vehicles Act (KFG), insurance and any restricted driver group, costs, fines and damage, handover and return. Until the car comes back, you name the user in reply to a driver enquiry under § 103 Abs 2 KFG. At the end, a separate permission to drive with a short English summary, to carry in the car. In German, ready to print and sign by both.

The letter telling your motor liability insurer in Austria that you have sold your car, as § 71 of the Austrian Insurance Contract Act (VersVG) requires: with the policy number, plate, chassis number, date and hour of handover, the buyer's name and address and the day of deregistration. It asks for the premium to be settled and prepaid premium refunded to your account, or for the policy to move to a replacement car, and for a confirmation of your claims record. Austria has no notice of sale to an authority. In German, ready to print, sign and send by registered post.

The written power of attorney that lets another person — the buyer of your car, for instance — act for you at an Austrian registration office run by a motor insurer: to deregister the car and hand back the Zulassungsschein and plates, with or without reserving the number, to register it in your name, or to deposit papers and plates under § 52 of the Austrian Motor Vehicles Act (KFG). With both people's details, the vehicle's chassis number and plate, and a period of validity. The same in every Land. Deregistration itself is free. In German, ready to print and sign by hand.

The registered keeper's reply when an Austrian authority asks who drove or parked a vehicle (§ 103 Abs 2 of the Austrian Motor Vehicles Act, KFG 1967): with the file number, plate, the time and place given in the request, and the name and address of the person who drove or parked it – or of the person who can say. Answering is compulsory, within two weeks of service, even about a relative; a false, incomplete or late answer can cost up to € 5,000. If the request comes with a reply sheet or the authority offers an online reply, you can use that for free. In German.

A loan agreement under Austrian law for money lent between private individuals — family, friends or acquaintances. It records the amount, payment by bank transfer, interest or an interest-free loan, repayment in one sum, in instalments or after one month's notice (§ 986 of the Austrian Civil Code, ABGB), default interest at 4% (§ 1000 ABGB) and acceleration on default. No set form and no stamp duty since 2011. Between spouses or registered partners a notarial deed is required (§ 1 Abs 1 lit b NotAktsG), and the agreement asks about it. A guarantee is a separate declaration. Private lenders only. In German, to print and sign.

A receipt under § 1426 of the Austrian Civil Code (ABGB): the person receiving the money confirms in writing who paid how much, when, how — in cash or by transfer — and for what, and whether the debt is now paid off or this is only a part-payment, with the balance left. Anyone who pays in Austria may always ask for a receipt. It goes with the private loan, the acknowledgement of debt, the settlement and the instalment agreement. In German, to fill in, print and have signed by the payee.

The letter cancelling your motor liability insurance in Austria in the four most common cases: at the end of the insurance year (§ 14 Abs 2 of the Austrian Motor Liability Insurance Act, KHVG) — the anniversary of the policy's start, not necessarily 31 December, with the notice arriving a month before — after a premium increase (§ 14a KHVG), after a claim (§ 158 VersVG), and after buying a used car whose insurance passed with it (§§ 69 ff VersVG). With the policy number and plate. In German, ready to print, sign and send by registered post.

A letter objecting to an Austrian penalty order (Strafverfügung) from a district authority, a city's Magistrat or the Land police directorate, for instance for a traffic offence: with the file number, the date and the day of service, against the whole order or expressly only against the amount (§ 49 of the Austrian Administrative Penal Act, VStG). Deadline: two weeks from service; no reasons are needed, e-mail is accepted, and posting on the last day is enough. If the case ends in a penalty decision, 10 % costs are added, at least € 10 (§ 64 VStG). On-the-spot fines and anonymous orders cannot be objected to. In German.

A letter for claiming accident damage directly from the motor liability insurer of the vehicle that caused it, as Austria's Motor Liability Insurance Act allows (§ 26 KHVG): date, place, the other vehicle's plate and policy number, how it happened, the damage, the amount so far, your IBAN and a date for a reply. The insurer must make an offer or give written reasons within three months (§ 29a KHVG), and the claim suspends limitation until it rejects it in writing. The same in every Land. In German, ready to print, sign and send with the accident statement and photos.

A letter reporting an accident or damage to your own motor insurer in Austria: under the liability cover where someone else may claim against you, or under partial or comprehensive Kasko cover for damage to your own vehicle. With the policy number, plate, date and place, who was driving, others involved, police, witnesses, what happened and the damage. Austrian policy conditions (AKHB) ask for prompt notice; your policy states the period. The letter records facts and admits no fault. In German, ready to print and sign.

A general power of attorney for Austria that names what § 1008 of the Austrian Civil Code (ABGB) demands: a general power covers selling and buying, loans, collecting money, lawsuits and settlements only if these kinds of business are expressly named. It lists them, with banking, public authorities and the tax office, lets you add exceptions and further kinds, and says which acts need a separate special power. For the land register: a certified signature and no more than three years old. It is not a lasting power (Vorsorgevollmacht), which is made before a notary, lawyer or adult-protection association. In German.

The agreement by which the main tenant of a flat in Austria sublets a room in the shared flat: the room and shared use of kitchen and bathroom, rent with a flat-rate charge for costs, the deposit under § 16b of the Austrian Tenancy Act (MRG), house rules and notice. It asks how far the MRG applies, because the subtenant's protection turns on it: under full or partial application the main tenant too can end the sublease only through the court, with the ground of § 30 Abs 2 Z 12 MRG, and under full application the sublet rent is capped (§ 26 MRG). Open-ended or with an end date. In German, to print and sign.

The declaration by which a managing director of an Austrian GmbH or FlexCo resigns under § 16a of the Austrian Limited Liability Companies Act (GmbHG) — at once for good cause, otherwise after 14 days or on a later date. The same letter goes to every shareholder; the other managing directors and any supervisory board chair receive a copy. With the request to file the end of the director's authority with the company register (Firmenbuch, § 17 GmbHG) and an acknowledgement of receipt, since receipt has to be proved. In German.

The application to Austria's tax office, the Finanzamt Österreich, to suspend collection of a disputed tax until your complaint is decided, under § 212a of the Austrian Federal Fiscal Code (BAO) — because a complaint alone does not stop payment. With the assessment, the date of the complaint, the amount and how it is worked out (§ 212a Abs 3 BAO); it can be made afresh after a request for referral to the Federal Fiscal Court (§ 212a Abs 5 BAO). While it is pending, no enforcement is taken. Through FinanzOnline, by post or fax: an e-mail is no submission at all (§§ 85, 86a BAO). In German.

The complaint (Bescheidbeschwerde) against an assessment of Austria's tax office, the Finanzamt Österreich — an income tax or VAT assessment, for example — under § 243 of the Austrian Federal Fiscal Code (BAO), due within one month of service (§ 245 BAO). It contains what § 250 BAO requires: the assessment, the points contested, the changes sought and the grounds. Optional: suspension of collection (§ 212a BAO), since a complaint does not stop payment, direct referral, an oral hearing and a panel at the Federal Fiscal Court. Submit through FinanzOnline, by post or fax: an e-mail is no submission at all (§§ 85, 86a BAO). In German.

The record a landlord and tenant in Austria fill in and sign together when the tenant moves in: meter readings, keys handed over, the condition of each room, the equipment (bath, WC, heating, boiler) that sets the category and the reference rent under the Austrian Tenancy Act (MRG), known defects noted with rent reduction reserved under the Austrian Civil Code (§ 1096 ABGB), the inventory, the energy certificate and the deposit. It reminds both sides to register within three days. In German, for every Land.

The written agreement without which an Austrian district court (Bezirksgericht) may not grant an uncontested divorce under § 55a EheG, the Austrian Marriage Act: custody and the children's main home, contact, child maintenance, maintenance between the spouses, the marital home, household contents, savings, debts and a balancing payment. No notarial deed is needed (§ 97 Abs 5 EheG). The spouses must have lived apart for at least six months and, with minor children, attended parental counselling. The courts have a free form for the application. Because of § 4 Abs 2 Z 1 SVG, print and sign by hand. In German.