The Certificate of Repossession is a crucial document used in Austrian lending and leasing operations when a creditor needs to reclaim property due to payment default or contract breach. This document serves as official evidence of the repossession action and must comply with Austrian legal requirements, particularly the Austrian Civil Code (ABGB) and Enforcement Act. The certificate includes detailed information about the repossessed property, circumstances of repossession, condition documentation, and rights and obligations of all parties involved. It's particularly important in sectors involving vehicle and equipment financing, where clear documentation of the repossession process is essential for legal protection and potential future proceedings.
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1. Identification of Parties: Full legal names and addresses of the creditor/lender, debtor, and repossession agent (if applicable)
2. Property Details: Detailed description of the repossessed property including make, model, serial numbers, registration numbers, and any unique identifying features
3. Default Statement: Statement of the default or breach that led to repossession, including relevant dates and amounts
4. Repossession Details: Date, time, and location of repossession, method of repossession, and confirmation that it was conducted legally
5. Property Condition: Detailed description of the property's condition at the time of repossession, including any damage or missing components
6. Personal Property Statement: List of any personal property found within/on the repossessed item and disposition of such items
7. Certification: Formal statement certifying the repossession and the accuracy of the information provided
8. Signatures: Dated signatures of authorized representatives and witnesses
1. Security Interest Details: Include when multiple security interests exist on the property
2. Prior Notice Section: Include when prior notices of default/repossession were issued, documenting compliance with notice requirements
3. Insurance Information: Include when there are active insurance policies on the repossessed property
4. Third Party Claims: Include when there are known third-party claims or interests in the property
5. Storage Location: Include when the property will be stored at a specific location pending sale or other disposition
1. Appendix A - Condition Report: Detailed condition report with photographs and specific notes about damage or wear
2. Appendix B - Original Contract Reference: Copy or reference details of the original financing agreement or contract
3. Appendix C - Default Notices: Copies of all default notices and communication attempts
4. Appendix D - Inventory List: Detailed inventory of any personal property found in/on the repossessed item
5. Appendix E - Photographic Evidence: Date-stamped photographs of the property at the time of repossession
Relevant legal definitions
Clauses
Relevant Industries
Banking & Financial Services
Automotive Finance
Equipment Leasing
Asset Finance
Consumer Finance
Commercial Lending
Vehicle Leasing
Equipment Rental
Agricultural Finance
Construction Equipment Finance
Relevant Teams
Legal
Collections
Risk Management
Credit Operations
Asset Recovery
Compliance
Documentation
Portfolio Management
Asset Management
Recovery Operations
Relevant Roles
Collections Manager
Asset Recovery Specialist
Legal Counsel
Credit Manager
Risk Manager
Repossession Agent
Collections Officer
Loan Officer
Compliance Officer
Documentation Specialist
Portfolio Manager
Recovery Operations Manager
Legal Documentation Officer
Asset Management Director
Collections and Recovery Supervisor
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