Deemed Service (constructive service)
Deemed service means that an official document is considered to have been served with legal effect even if the recipient did not personally accept it. This occurs once the document is deposited at the post office and the recipient has been notified of the collection.
Explanation
Under Austrian service law, an RSa or RSb letter is deemed served as soon as it has been deposited at the post office and a notification has been placed in the letterbox. From that point, deadlines start to run, regardless of whether the letter is actually collected. Deemed service requires that the address of service is correct and that an attempt at service has been made. For companies it is therefore crucial to be reachable at the registered address and to process incoming post promptly so as not to miss any deadlines.
Why does this matter?
Entrepreneurs must ensure that official post is reliably received at their business address. Missed deadlines due to uncollected documents can have considerable legal consequences. A professionally managed business address minimises this risk.
Legal basis
Section 17 ZustG (Service of Documents Act)
Relation to postservice.at
postservice.at accepts incoming post daily. In the Premium package, RSb letters are accepted by an authorised representative so that you do not miss any official deadlines.
Frequently asked questions
When does deemed service take effect?
Deemed service takes effect as soon as a document has been deposited at the post office and a notification of deposit has been placed in the letterbox. From that point the document is considered served and deadlines begin to run.
How can I avoid deemed service?
By ensuring that post is reliably received at your business address. With the Premium package from postservice.at, RSb letters are accepted by an authorised representative before deposit occurs.
Related terms
An RSb letter (return receipt letter b) is an official document that must be ser...
RSa LetterAn RSa letter (return receipt letter a) is an official document that may be serv...
Postal Power of AttorneyA postal power of attorney authorises a designated person to receive post on beh...
Address for Service of DocumentsA registered address (capable of receiving service of documents) is an address a...