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The Notary2018-09-03T12:24:44+00:00

The Notary

WHAT IS A NOTARY?

In Germany, notaries are lawyers who hold a public office. They are therefore independent and neutral. Instead of advising just one party, they advise all involved parties in an impartial manner. Not every lawyer can be a notary. As a result of the high degree of legal knowledge and practical experience required to ensure that legal advice is given at the highest possible level of quality, notaries are subject to strict regulations and numerous official duties, the performance of which are overseen by the state court of jurisdiction.

WHEN AND WHY DO I NEED A NOTARY?

As a legal expert, a notary is primarily charged with explaining to you the legal aspects of certain legally significant acts and transactions. They serve the interests of all of the parties to a contract by providing legally sound formulations and by preventing those with less legal knowledge from being disadvantaged. They witness and certify legal transactions and serve as trusted intermediaries between contractual parties, public authorities, courts and financial authorities so as to ensure the smooth execution of deeds and documents. They therefore help provide legal certainty and peace of mind.

Before notarization, Notary Delia Reinders will advise you exactly as to how your personal wishes may best be realized and how you may best protect your rights and claims as a contractual party. On the basis of your consultation, the given legal requirements and your individual circumstances, she will then draft a deed. In that regard, she will focus on formulating legally sound provisions that are fair and balanced.

When all parties agree to the given draft, the notarization process will take place. When that happens, the entire text will be read aloud and the contents and their legal implications will be explained. After the notarization, Notary Reinders will supervise the entire process of executing the deed. For example, she will be the one who acquires any necessary permits and attestations, she will take care of any required official registrations, she will deal with all involved public offices and authorities, she will notify the parties in regard to payment deadlines and, when necessary, she will be the one issuing the enforcement order in regard to any claims.

WHY DO WE NEED NOTARY DEEDS?

Notarization of a deed creates a document that has legal effect. Its contents bind the parties, and it has high evidentiary value vis-à-vis courts and official public authorities.

WHAT DOES A NOTARY COST?

Engaging a notary is usually much less expensive than people imagine. That is because besides notarization fees notaries do not charge for any advice or drafting they provide no matter how complex or extensive the deed. Notary fees are determined according to a legally fixed system that determines fees exclusively on the basis of the commercial value of the underlying subject matter. This system has a number of advantages for the parties.

As the fees reflect the commercial value of the subject matter, fees cannot be excessive even in regard to matters with small commercial value. As fees do not depend on the scope or complexity of the matter, the notary can usually tell you the exact fees of a planned notarization even before engaging. Fees are therefore transparent and predictable.

Advice and drafting are included in the notarization fees regardless how complex the matter or how much advice is required. The same services cost the same amount at every notary. A notary may not charge higher or lower fees than those determined by law, and the accuracy of notary fees is regularly audited by the state.

Notary Reinders will gladly inform you regarding fees, so please don’t hesitate to ask before notarization.

INITIAL NOTARY CONSULTATION

A notary is also responsible for providing legal advice even when no notarization is involved. For legal advice, notaries receive a fixed rate based on the commercial value of the matter were a notarization to take place. This depends on the scope and the complexity of the advice provided.

For example, simple consultation for a handwritten will with assets of € 60,000 and a commercial value of the same amount and given a 0.3% fee according to regulation KV-Nr. 24201 would produce a notary fee of only € 57.60 plus 19% VAT and any expenses.

No fees are charged if a notarization takes place later, as consultation fees are included in the notarization fees.

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