Notarial Contract Template for Austria

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Key Requirements PROMPT example:

Notarial Contract

"I need a Notarial Contract under Austrian law for the purchase of a commercial property in Vienna, with completion scheduled for March 2025; the contract should include specific provisions for environmental compliance and existing tenant arrangements."

Document background
The Notarial Contract is a specialized form of legal documentation in Austria that requires authentication by a licensed notary public. This type of contract is mandatory under Austrian law for certain transactions including real estate transfers, establishment of corporations, matrimonial agreements, and significant business deals. The document must comply with strict formal requirements set forth in the Austrian Notaries Act and related legislation. Notarial Contracts are particularly important when the transaction requires a high degree of legal certainty, involves substantial assets, or when mandated by law. The notary plays a crucial role not just in authenticating the document, but also in advising parties of their rights and obligations, verifying identities, and ensuring the transaction meets all legal requirements. This elevated level of formality and authentication makes the Notarial Contract especially suitable for high-value or legally sensitive transactions where the parties seek maximum legal security and enforceability.
Suggested Sections

1. Parties (Die Parteien): Identification of all contracting parties with full legal names, addresses, and registration details if applicable

2. Background (Präambel): Context and circumstances leading to the notarial contract

3. Definitions (Definitionen): Key terms used throughout the contract defined for clarity and legal certainty

4. Subject Matter (Vertragsgegenstand): Clear description of the main subject of the contract

5. Consideration (Gegenleistung): Details of any payment, exchange, or other consideration between the parties

6. Rights and Obligations (Rechte und Pflichten): Detailed description of the rights and obligations of each party

7. Representations and Warranties (Zusicherungen und Gewährleistungen): Formal statements and guarantees made by the parties

8. Duration and Termination (Vertragsdauer und Beendigung): Term of the contract and conditions for termination

9. Governing Law and Jurisdiction (Rechtswahl und Gerichtsstand): Explicit confirmation of Austrian law and jurisdiction

10. Notarial Certification (Notarielle Beurkundung): Formal notarial attestation clause as required by Austrian law

Optional Sections

1. Conditions Precedent (Aufschiebende Bedingungen): Used when the contract's effectiveness depends on certain conditions being met

2. Intellectual Property Rights (Immaterialgüterrechte): Include when IP rights are being transferred or licensed

3. Confidentiality (Geheimhaltung): Required when sensitive information is being shared

4. Data Protection (Datenschutz): Include when personal data processing is involved, ensuring GDPR compliance

5. Force Majeure (Höhere Gewalt): Include for long-term contracts or where performance might be affected by external events

6. Assignment and Transfer (Abtretung und Übertragung): Include when rights or obligations may need to be transferred

7. Insurance (Versicherung): Include when specific insurance requirements exist

8. Compliance with Laws (Gesetzeskonformität): Include when specific regulatory compliance is crucial

Suggested Schedules

1. Property Description (Objektbeschreibung): Detailed description of any property involved in the transaction

2. Price List (Preisliste): Detailed breakdown of prices or payments if applicable

3. Technical Specifications (Technische Spezifikationen): Technical details of any goods or services involved

4. Power of Attorney (Vollmacht): If any party is acting through a representative

5. Corporate Resolutions (Gesellschafterbeschlüsse): Required corporate approvals for the transaction

6. Due Diligence Reports (Due-Diligence-Berichte): Summary of any due diligence findings

7. Land Register Excerpts (Grundbuchauszüge): For real estate transactions

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Clauses
Relevant Industries

Real Estate

Banking & Finance

Corporate & Commercial

Family Business

Construction

Manufacturing

Energy

Agriculture

Healthcare

Education

Public Sector

Non-Profit

Relevant Teams

Legal

Corporate Affairs

Compliance

Real Estate

Business Development

Risk Management

Corporate Development

Operations

Administration

Company Secretariat

Relevant Roles

Legal Counsel

Corporate Lawyer

Notary Public

Real Estate Manager

Business Development Manager

Chief Legal Officer

Contract Manager

Compliance Officer

Company Secretary

Property Manager

Transaction Manager

Risk Manager

Corporate Development Director

General Counsel

Legal Administrator

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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