Registration by a notary (Notarisation)
The law stipulates particular form regulations (text format, written form, public authentication, notarisation) for some legal transactions. Notarial registration by a notary mostly serves to attest to the authenticity of a signature, as well as to advise the signatory of the importance of his / her declaration. The so-called public deed constitutes full documentary proof for the registration process. During registration, the notary investigates the intention of the participating parties, clarifies the facts, advises them of the legal importance and consequences of the transaction, and clearly expresses their declarations in the record.
The legislator stipulates notarial registration for certain declarations and contracts, such as
- consent to adopt a child,
- conclusion and modification of the articles of association of a limited liability company (GmbH) or establishment of the by-laws of a joint-stock corporation (AG),
- a property purchase contract,
- a promise of donation and
- a contract renouncing inheritance rights.
In other cases, it is also wise and recommended to have declarations registered by a notary (e.g. durable powers of attorney for health care).
Send your notarisation request to the notary of your choice. The notary will advise you and prepare the draft of the document.
- The notary verifies the identity and legal capacity of the participating parties, and advises them.
- The notary includes the declarations in a deed and reads out the record of the declarations to those present.
- The parties approve the record and sign it personally.
- The notary signs the deed, thereby confirming that the declarations were made to him / her in the same way they are stated in the record.
The participating parties receive a copy of the deed.
- § 128 Bürgerliches Gesetzbuch (BGB) – Notarisation
- § 311b Paragraph 1 Clause 1 Bürgerliches Gesetzbuch (BGB) – Mandatory certification for property purchase agreements
- §§ 8 bis 16 Beurkundungsgesetz (BeurkG) – Regulations for recording certifications
- §§ 17 bis 20 BeurkG – Notary duties of assessment and instruction
- § 415 Zivilprozessordnung (ZPO) – Authenticity of public deeds
- § 17 Bundesnotarordnung (BNotO)
- Gesetz über Kosten der freiwilligen Gerichtsbarkeit für Gerichte und Notare (Gerichts- und Notarkostengesetz – GNotKG), Anlage 1 (zu § 3 Abs. 2) Kostenverzeichnis, Nr. 21100 ff. Notary fees
Based on the German version authorized by Sächsisches Staatsministerium der Justiz und für Europa. 2014-07-11