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Notary Services in Germany

Notary Services in Germany

Updated on Monday 14th September 2015

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Notary-Services-in-GermanyNotaries in Germany

The profession of notary falls under the regulations of the Federal Notaries Act comprised in the German Civil Law and their wages are regulated by the Fees Act. German notaries are registered with the regional Chamber of Notaries. Notaries in Germany authenticate and attest documents and act as public officers within one jurisdiction. German notaries are also allowed to provide legal assistance when concluding contracts. Also, certain states allow notaries to act as lawyers in Germany. Notaries provide services in the following areas:

  • - real estate,
  • - successions,
  • - corporate.

Types of notaries in Germany

In order to become a notary in Germany, one must pass a state exam and have minimum 2 or3 years- experience as notarial candidates or lawyers. Notaries are also divided into three types:

  • - the single profession notary,
  • - the advocate-notary,
  • - the state employed or civil servant notary.

Single profession notaries provide notarial services only and are not allowed to practice other activities. Single profession notaries are designated by local Ministries of Justice. German single profession notaries must first act as notary associates for a period of time ranging from 3 to 6 years.

Advocate-notaries are more common in Germany, as they are lawyers first of all, the notarial duty being exercised as a second profession. In order to become an advocate-notary in Germany, one must practice for at least 5 years as a lawyer of which 3 must be within a notarial office.

State-employed notaries are not subject to the Notarial Law because they act as civil servants on a fixed salary. Nowadays, state-employed notaries exercise in the Baden Württemberg region only. However, starting with 2018, state-employed notaries will become independent notaries.

What are the duties of notaries in Germany?

German notaries are required to follow the federal statutory guidelines. Among these are:

  • - to verify the identity of those asking for their notarial services,
  • - to verify the competence of parties when concluding a contract in Germany,
  • - to explain the content and emerging obligations in a contract or other legal document,
  • - to witness the signing of any legal documents.

When signing a document, the notary must affix his or her official seal on the document. Also, a properly executed document will be recognized by a German court of law.

For notarial services you can also contact our law firm in Germany.

 

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