Equivalence of notarial deeds and notarial certifications issued in Liechtenstein in Austrian proceedings concerning the commercial register and land registers

In December 2025, our article was published in the Liechtensteinische Juristen-Zeitung (LJZ). The LJZ is edited and published by the Association of Liechtenstein Judges and Prosecutors.

The article addresses a highly topical and practically relevant issue in cross-border legal practice: the equivalence of Liechtenstein notarial deeds and notarised certifications in Austrian commercial register and land register proceedings.

The analysis is prompted by recent decisions of the Vienna Higher Regional Court (OLG Wien), which have cast doubt on the recognition of Liechtenstein notarial acts. The article subjects this case law to a comprehensive doctrinal review, taking into account the 1956 State Treaty between Liechtenstein and Austria, the Austrian Notarial Code, and EEA law.

The central conclusion of the study is that the notarial activities of Liechtenstein public notaries are equivalent to those of Austrian public notaries, both institutionally and functionally. (Austrian-) Liechtenstein attorney-at-law-notaries do not exist. Neither Austrian professional law nor the 1956 State Treaty justifies a refusal of recognition. On the contrary, there exists a binding obligation under international law to grant mutual recognition of notarial instruments. Any contrary practice would additionally constitute an unjustified restriction of the passive freedom to provide services under the EEA Agreement.

The full article is available for download: click HERE.