A participant in the deposit authorization procedure is a participant in the legal act on the basis of which the right to real estate is to be created, changed or terminated. Deposit authorization proceedings are initiated upon the motion of a party to the proceedings.
Attached to the deposit proposal is the contract , based on which the right to the real estate is to be registered in the cadastre, in two copies. Other attachments are:
a) a public document or other document that confirms the right to real estate, if this right to real estate is not entered on the title deed,
b) identification of parcels , if the ownership right to the property is not entered on the title deed,
c) authorization agreement , if the party to the proceedings is represented by an attorney; the signature of the authorized representative must be certified if signature certification is required pursuant to § 42 par. 3,
d) notification according to paragraph 3 in paper form,
e) an affidavit of fulfillment of the conditions according to § 59a of the Commercial Code or an affidavit that these conditions do not apply to the given business company,
f) authorization of a legal entity granted to its employee, if the party to the deposit proposal procedure is a legal entity that authorizes its employee in writing as part of its business activity to submit a deposit proposal,
g) documents that have evidentiary value for the proceedings on the deposit proposal.
The subject of the proposal for deposit must be all legal acts contained in the contract and subject to deposit, and all real estate related to legal acts contained in the contract and subject to deposit. Only one contract may be attached to the deposit proposal, the content of which may include several legal acts.
Our law office provides you services in electronic form through the electronic services of the real estate cadastre, which shows certain specifics. If the document on the legal act was drawn up by natural or legal persons (participants of the legal act) separately, in order to fulfill the condition that it is a document eligible for registration in the real estate cadastre through an electronic deposit procedure, it is necessary that such a document on the legal act be signed in electronic form by the participants in the legal act with its own guaranteed electronic signature, in addition, as far as the transferor is concerned, with a guaranteed electronic signature with a time stamp.