I. What are notaries and what role do they play in the German legal system?
Notaries in Germany are publicly appointed and sworn lawyers who have been specially trained to confirm the authenticity and legality of legal transactions and documents. They play a central role in the German legal system, as they act as independent and impartial authorities, thereby ensuring the integrity and security of legal transactions.
A notary is responsible for certifying legal transactions that typically require the involvement of several persons or parties. These include, for example, the conclusion of purchase agreements, wills, or gifts. The notary checks the completeness and legality of the relevant documents and then certifies the signatures of the parties involved. In this way, the notary ensures that the legal transactions are concluded voluntarily and with full knowledge of the facts, and that all parties involved understand their rights and obligations.
In addition, the notary plays an important mediating role in disputes or doubts regarding the legality of legal transactions. In such cases, the parties involved can turn to the notary for an objective assessment and, if necessary, to find a solution.
Qualification as a notary requires legal training and passing the notary examination. This examination comprises both written and oral parts and covers various areas of law, including the Civil Code, civil procedure law, and notary law. After successfully completing the examination, the candidate is publicly appointed and sworn in by the relevant chamber of notaries.
There are around 12,000 notaries in Germany working in the various federal states. They are legally obliged by the Notary Act to offer their services to everyone.
beglaubigt.de has set itself the task of digitizing notarial services and offers you the opportunity to use many of these notarial services online. If you would like to determine the estimated costs for a notarial certification, you can use our notary fee calculator.
II. Training and appointment of notaries
What are the requirements for becoming a notary?
In order to become a notary in Germany, certain requirements must be met. First of all, it is necessary to complete legal training and obtain a license to practice law. This usually involves studying law at a university and passing the bar exam.
You must then apply for training as a notary and obtain admission to the notary examination. This examination comprises both a written and an oral test and covers various areas of law, such as the Civil Code, civil procedure law, and notary law.
After passing the exam, you will be publicly appointed and sworn in by the relevant chamber of notaries and can then work as a notary. However, it is important to note that admission to the notary exam is not automatically granted and you will have to compete fiercely with other applicants.
Another important aspect is the applicant's personality. Notaries must have a high degree of integrity and impartiality and be able to understand complex legal issues and make objective decisions. For this reason, applicants are also assessed on their personality before being admitted to the notary examination.
Overall, becoming a notary is not easy and requires both legal expertise and personal qualities such as integrity and impartiality. However, those who meet these requirements and successfully pass the notary exam can embark on a rewarding and responsible career as a notary.
How are notaries appointed?
In Germany, notaries are appointed by the relevant chamber of notaries. These chambers exist in every federal state and are responsible for training and examining prospective notaries, as well as for the public appointment and swearing-in of notaries.
To become a notary, you must first complete legal training and obtain a license to practice law. You can then apply for training as a notary and, if you pass the notary exam, be publicly appointed and sworn in by the Chamber of Notaries.
The Chamber of Notaries not only checks the applicant's professional qualifications, but also their personality. Notaries must have a high degree of integrity and impartiality in order to fulfill their duties as independent and impartial third parties. For this reason, a personal aptitude test is also carried out before admission to the notarial examination is granted.
Once the candidate has successfully passed the notary examination, they are publicly appointed and sworn in by the Chamber of Notaries. They are then authorized to work as a notary and perform the duties assigned to them. Public appointment and swearing-in is an important step on the path to becoming a notary and ensures that the notary has the necessary qualifications and characteristics to perform their duties properly.
III. Tasks and responsibilities of notaries
What are the main tasks of notaries?
Notaries in Germany are specially trained lawyers who are responsible for certifying legally relevant documents and transactions. Their task is to ensure the legal validity of documents and to verify their content. These include, for example, contracts, wills, inheritance agreements, and property transfers. Notaries are therefore important experts in the field of law and are often used as independent and impartial witnesses in legal proceedings.
One of the most important tasks of notaries is the notarization of documents, as well as their legally compliant entry in the commercial register. In doing so, they check the content of the document for legal compliance and ensure that it complies with applicable laws. They must ensure that all parties involved understand and agree to the contents of the document. In doing so, notaries must always remain neutral and impartial and may not represent the interests of any of the parties involved.
Another important task of notaries is the drafting of notarial wills. In doing so, they must ensure that the will complies with the applicable legal requirements and reflects the last wishes of the testator. In this case, notaries must also ensure that the testator has drawn up the will voluntarily and in sound mind.
In addition, notaries also have the task of verifying and certifying the authenticity of documents. This is particularly important for important documents such as birth certificates, marriage certificates, and purchase agreements.
Overall, notaries are important experts in the field of law and are responsible for certifying and reviewing legally relevant documents and procedures. They help to ensure that documents comply with the law, thereby protecting the rights of those involved.
The following areas can be summarized:
- Real estate
- Real estate purchase agreements
- Donation of real estate
- Applications for entries in the land register
- Certification of land register extract - Commercial and corporate law
- Establishment of certain companies, e.g. a limited liability company (GmbH)
- Leaving the church
(>Read more about the type of company that is right for you)
- Registration with the commercial register - Inheritance cases
- Inheritance contract
- Renunciation of inheritance
- Inventory of estate at the request of the beneficiary of the compulsory portion
- Certify general powers of attorney
- Digital estate - Family law
- Marriage contract
- Divorce agreement
- Entries in the partnership register
- Gift agreement / transfer agreement
What responsibilities do notaries have in the area of public documents?
First and foremost, they are responsible for certifying legally relevant documents and transactions. These include, for example, contracts, wills, inheritance agreements, and property transfers. Notaries must ensure that the documents comply with applicable laws and that the parties involved understand and agree to their contents.
Another important task of notaries in the field of public documents is to verify the authenticity of documents. They must ensure that the documents are genuine and have not been forged. This is particularly important in the case of important documents such as birth certificates, marriage certificates, or even purchase agreements.
In addition, notaries also have the task of ensuring the archiving of public documents. They must ensure that the documents are stored securely and accessibly so that they can be retrieved at any time if necessary.
Overall, notaries in the field of public documents help to ensure the legal conformity of documents and verify their authenticity. They ensure that documents are archived securely and accessibly, making them available to all parties involved.
IV. Notarial deed and fees
What is a notarial deed and what is its purpose?
The notary protocol is an important part of a notary's work. It is a written record of the transaction that was notarized by the notary. The protocol contains all relevant information about the notarized transaction, such as the names and addresses of the parties involved, the content of the notarized document, and a summary of the events.
The notary's record is important because it serves as proof that the notarized transaction actually took place. If necessary, it can be used as evidence in legal proceedings.
With regard to fees, notaries are obliged to disclose their fees transparently and in advance. They may not charge any hidden fees or surcharges and must calculate their fees in accordance with the law and the applicable fee regulations. The amount of the fees depends, among other things, on the type of transaction being notarized and the amount of work involved.
In any case, notaries must disclose their fees transparently and in advance and may not charge any hidden fees. They are obliged to calculate their fees in accordance with the law and the applicable fee regulations.
How high are notary fees in Germany?
Notary fees in Germany are set by law and are based on the Notary Fees Act (NVG). This law defines the remuneration items for the activities of a notary, which can vary depending on the type and complexity of the notarized transaction. Each federal state has its own fee schedules (GO), which contain specific regulations.
The exact amount of notary fees can therefore vary depending on the state and the type of transaction being notarized. It usually ranges from several hundred to several thousand euros. It is therefore advisable to determine in advance exactly what fees will be incurred for the notarized transaction.
Notaries are required to disclose their fees transparently and in advance. They may not charge any hidden fees or surcharges and must calculate their fees in accordance with the law and applicable fee regulations.
To obtain an accurate estimate of the notary fees, you can use our notary fee calculator. This tool offers a simple and efficient way to determine the estimated costs for the notarial certification of your commercial register application.
V. Notary chambers and notary offices
How are notaries organized in Germany?
Notaries in Germany are generally organized as independent professionals. They are self-employed and usually run their offices as sole proprietorships. However, notaries can also work together in joint practices and operate shared offices.
Notaries in Germany are organized in the Notary Association, which is represented at the federal and state levels. The Notary Association is an association of notaries that represents the interests of notaries at the political and legislative levels. The Notary Association also offers continuing education and other support for notaries.
Each federal state also has a chamber of notaries, which is responsible for supervising notaries in accordance with professional law. Chambers of notaries are generally organized as independent institutions under public law and are tasked with ensuring the quality of notarial services and representing the professional interests of notaries.
Overall, notaries in Germany are organized as independent professionals and generally operate individual practices. They are organized in the Notary Association and are subject to supervision by the Notary Chambers.
What does the everyday work of a notary look like?
The daily work of a notary is very varied and can differ from day to day. Notaries are responsible for certifying legally relevant documents and transactions and therefore have a lot of contact with different people and different areas of law.
A typical working day for a notary usually begins with preparing for the day's business. This includes, for example, reviewing documents and the schedule for upcoming notarizations.
This is usually followed by notarization, during which notaries ensure the legal validity of documents and verify their content. Notaries must always remain neutral and impartial and may not represent the interests of any of the parties involved.
After notarization, notaries must prepare the minutes and archive the documents. This requires a certain degree of organization and care. In addition, notaries also have administrative tasks, such as corresponding with the parties involved or bookkeeping.
Overall, the daily work of a notary is very varied and can differ from day to day. Notaries have a lot of contact with different people and different areas of law and must always work accurately and carefully.
Locations of our notaries from beglaubigt.de
Summary of the most important facts about notaries in Germany.
Notaries in Germany are specially trained lawyers who are responsible for certifying legally relevant documents and procedures. Their task is to ensure the legal validity of documents and to verify their content. Notaries are therefore important experts in the field of law and are often used as independent and impartial witnesses in legal proceedings. Of course, certain legalities such as a general power of attorney without a notary are, in most cases, only recommended for experienced experts.
Digitization has also reached the notary profession, and it is now possible to use notary services online. One example of this is beglaubigt.de, a digital notary that makes it possible to carry out notarizations quickly and easily online.
If you would also like to use notary services online, then you should try beglaubigt.de. Here you can quickly and easily obtain the necessary support and rely on the professional expertise of the digital notary.
