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Attested Affidavit for Austria

Attested Affidavit Template for Austria

An Attested Affidavit under Austrian law is a formal written statement sworn under oath or affirmation, authenticated by a notary public (Notar). The document carries significant legal weight in Austrian jurisdiction and must comply with specific requirements under the Austrian Notaries Act and Civil Code. It serves as a legally binding declaration of facts, commonly used in various administrative, legal, and business proceedings. The document must be properly executed with notarial authentication, potentially including certified translations if not in German, and contains detailed personal information of the affiant along with clear, factual statements.

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What is a Attested Affidavit?

The Attested Affidavit (Eidesstattliche Erklärung) is a crucial legal instrument in Austrian jurisdiction, used when formal verification of facts or statements is required. This document type is commonly needed in various situations such as court proceedings, administrative procedures, business transactions, or immigration matters. It must be executed before a notary public who verifies the identity of the affiant and authenticates the document according to Austrian legal requirements. The document's content typically includes personal information, a detailed statement of facts, and a formal declaration of truth. The Attested Affidavit carries serious legal implications, with false statements potentially resulting in criminal penalties under Austrian law. Its format and execution must strictly comply with the Austrian Notaries Act and related regulations, often requiring certified translations when used in international contexts.

What sections should be included in a Attested Affidavit?

1. Title and Declaration Statement: Formal title 'EIDESSTATTLICHE ERKLÄRUNG' (Affidavit) and initial declaration statement identifying it as a sworn statement

2. Affiant Information: Complete identification details of the person making the declaration including full name, date of birth, nationality, and current address

3. Competency Statement: Declaration of the affiant's legal capacity and competency to make the statement

4. Subject Matter: Clear and detailed description of the facts or circumstances being sworn to, presented in numbered paragraphs

5. Verification Statement: Statement confirming that the affiant has personal knowledge of the facts stated and understands the consequences of making false statements

6. Oath Statement: Formal declaration that the statement is made under oath or affirmation, including acknowledgment of criminal liability for false statements

7. Signature Block: Space for affiant's signature, date, and place of execution

8. Notary Authentication: Section for notary's official certification, including notary's signature, seal, and authentication details

What sections are optional to include in a Attested Affidavit?

1. Language Certification: Required when the affidavit is in a language other than German, certifying that the affiant fully understands the content

2. Witness Information: Used when witnesses are present to verify the affiant's identity or the facts stated

3. Supporting References: Section citing relevant documents or evidence supporting the sworn statements

4. Purpose Declaration: Statement specifying the intended use or purpose of the affidavit, required for certain administrative or legal proceedings

5. Translator Certification: Required when a translator is involved, including translator's credentials and certification of accurate translation

What schedules should be included in a Attested Affidavit?

1. Identity Documents: Copies of official identification documents referenced in the affidavit

2. Supporting Documents: Relevant documents supporting the facts stated in the affidavit

3. Certified Translations: Official translations of any documents not in German

4. Power of Attorney: If the affidavit is being executed through an authorized representative

5. Expert Certifications: Any relevant professional or expert certifications supporting the statements made

Authors

Alex Denne

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

Jurisdiction

Austria

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use
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