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Notaries are organs of the preventive administration of justice. They are appointed by the state and hold a public office. Their work serves to create legal certainty and avoid disputes. To a certain extent, they act as "judges in advance". While judges only come into play when there is already a legal dispute, it is the task of notaries to prevent disputes.

For particularly important matters in life, the legislator prescribes going to a notary. In doing so, the legislator is following the principle that "prevention is better than cure". It is better to seek legal advice in advance than to end up in a dispute later due to ignorance and legal errors. This is because the costs of a later legal dispute are usually significantly higher than the notary's fees.

In the worst case, a mistake in economically significant transactions such as buying a house can also mean financial ruin. Notaries therefore create legal certainty and legal peace by advising the parties involved and drawing up a legally flawless contract for them.

Notarization or certification is always required if the law prescribes it. The most important notarial responsibilities lie in real estate law, inheritance and family law as well as company law.

In real estate law, notaries are responsible in particular for contracts for the purchase and sale of real estate as well as the creation, termination and amendment of rights in rem to real estate (in particular land charges or usufruct). In family law, marriage contracts and divorce agreements in particular require notarization. In inheritance law, the notary is responsible for notarizing inheritance contracts as well as inheritance and compulsory portion waiver agreements. Wills can be drawn up before a notary or handwritten, whereby a notarized will has several advantages. Legal custody ensures that the will is neither destroyed nor lost in any other way. Before the will is notarized, the notary will provide comprehensive legal advice so that the estate planning can be implemented in a legally secure manner. In addition, notarized wills - unlike private wills - serve as proof of inheritance vis-à-vis authorities (especially land registries) and banks. You can also have applications for a certificate of inheritance notarized by a notary.

In corporate law, various transactions require notarization, in particular the formation of a GmbH, UG (haftungsbeschränkt) and AG as well as amendments to the articles of association of these companies (in particular also capital increases). Furthermore, all transformation measures require notarization (also for partnerships). Registrations in the commercial, association, partnership and cooperative registers must always be notarized.

Notaries are appointed by the state and are holders of a public office. In this respect, they are more like judges than lawyers. Unlike judges - and like lawyers - notaries advise the parties involved. Unlike lawyers, however, notaries are obliged to remain neutral. Notaries therefore provide impartial advice and have the interests of all parties in mind. Their task is to work towards balanced regulations. Lawyers, on the other hand, represent interests. Anyone who wants to assert their interests unilaterally against the other side and possibly even take legal action must consult a lawyer. Notaries are responsible for preventing such disputes from arising in the first place.

You are free to choose which notary you visit. You are not obliged to choose a notary in your home town. It also does not matter whether the matter is related to the city in which the notary has his office.

In principle, the parties involved must appear in person at the notary's office for the notarization. This also makes sense, as the content of the deed is then read out to them, you can listen to the notary's explanations and any final questions can be clarified.

However, it often happens that individual parties are prevented from appearing in person, for example because they live far away. In such a case, a party can also be represented at their request. In some cases, the parties involved must be represented by a trusted person (e.g. a family member or a lawyer). Representation by a non-authorized representative (representative without power of attorney) is also possible. This could be the other party to the contract, for example. In this case, you must subsequently approve the declarations of this unauthorized representative. This subsequent approval usually has to be notarized, especially in the case of a house purchase. However, you can then choose a notary in your area to notarize the signature.

Unlike an appointment for notarization, a meeting can also be arranged online or by telephone. Please do not hesitate to contact us.

If necessary, for example due to physical limitations, the notary can also make appointments away from home within his official area, for example at your home, in hospital or in a nursing home. Outside the official area, appointments away from home are only possible in particularly justified exceptional cases.

For appointments away from home, an additional fee of 50 euros per half hour or part thereof is charged by law. A special rule applies to wills and powers of attorney: In this case, the fee is a flat rate of 50 euros per client, regardless of the duration of the appointment.

When notarizing a signature, the notary only verifies the identity of the person signing the text using an official photo ID. However, the notary does not check the content of the text unless this is expressly requested. Therefore, no legal advice is given. The content of the text also does not have to be read out, which is why appointments for signature notarization are usually short.

When certifying a copy, the notary certifies that the copy of a deed (= copy) corresponds to the original submitted.

A notarization, on the other hand, covers the entire content of the deed. It is associated with comprehensive legal advice from the notary. The text of the deed must be read out in full.