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Civil law notaries hold public office. They draft agreements and declarations, advise the parties involved of their legal effects and create notarised deeds by notarisation or certification.
The work of a civil law notary goes beyond just drafting and making deeds. Implementation and execution by the notary complement the deed. The notary provides security by means of trust accounts and conditions of trust. Private individuals and businesses justifiably expect reliable, specialist contractual processes.
German law demands certification or notarisation for many transactions of particular individual or general legal significance. This is what constitutes the core of a notary’s work.
The core business is made up of:
Notaries are also in a position to give legal advice outside the scope of transactions requiring notarisation because of their particular competence in the above fields of law. However, notaries do not assume a one-sided representation of interests, e.g. within the scope of a dispute, but have to remain independent and non-partisan at all times, due to their public office.
The notarisation of legal transactions is not only compulsory, but also an offer: notarisation is frequently the correct and most cost-effective way of obtaining a public deed with a high intrinsic value, which may be enforceable immediately.
Whatever the work, the notary always has to act in concert with the parties and their advisers, particularly attorneys and tax advisors.
The scale of fees and disbursements for notarial work is governed by mandatory federal law and applies to all notaries throughout Germany.
