A notary is a holder of a public office, which is granted by the government. They perform their work as neutral consultants and file certifications and authentications, which are designated by the law.<\/p>\n
In Berlin, the so-called \u201cattorney-notaries\u201d rule (Anwaltsnotar) is applied, which means that all notary costs must be the same and may not be different for equal situations. As of 01\/01\/2007 there were 11,117 lawyers, 3 legal counsels, and 3 lawyer\u00b4s GmbH or RA-GmbH (GmbH = partnership with limited liability). Per 01\/01\/2007 there were also 999 lawyer\u2019s notaries in Berlin.<\/p>\n
The use of a notary is required especially in following areas:<\/p>\n
The transfer of real property, in the form of a gift under usufruct reservation, purchase or related mortgages, and homestead equity loans (HEL) require a notary documentation (\u00a7 311 b BGB, \u00a7\u00a7 19, 29, 39 GBO).<\/p>\n
For marriages, partnerships, or families the law will determine the assistance for a marriage contract (\u00a7 1410 BGB). The same applies to separation and divorce agreements and partnership contracts. Notarizations are compulsory for agreements on community property right before a divorce according to \u00a7 1378 Abs. 3 S. 2 BGB. In case there an internal connection exists between mandatory and non-mandatory notarization matters of fact, a comprehensive notarization liability can be assumed. Adoptions require the assistance of a notary as well (compare for instance pension rights adjustments, \u00a7 1408 Abs. 2 BGB, division of property, \u00a71414 BGB, community property, \u00a7\u00a7 1415ff. BGB).<\/p>\n
For inheritances or gifts (also called anticipated succession) the assistance of a notary is usually common. In some cases it is even required, for instance for testaments or inheritance contracts, inheritance certificate applications in connection with an affidavit, an endowment, especially for the transference of real property (compare \u00a7 518 BGB for an endowment, \u00a7\u00a7 2231 Nr. 1, 2232 BGB for a public testimony, \u00a7 2276 BGB in connection with \u00a7\u00a7 33, 30, 32 BeurkG for inheritance contracts including inheritance waiving or legal portioning contracts, \u00a7 2348 BGB).<\/p>\n
The Law Firm Kirsch provides English documents (last will, precautionary authority, advance directive, maintenance directive) in case the decedent, principal, or agent are foreign citizens.<\/p>\n
In many cases, filings of commerce registers and formation or transformations of partnerships require the assistance of a notary.<\/p>\n
A notary commonly certifies durable powers of attorney, in connection with a medical attendance or health care proxy, occasionally also single abstracts. Subsequently, it can also be used to validate full legal and testamentary capacity.<\/p>\n
The notary\u2019s role is to reduce conflicts or to relieve the courts. For example, when they make sure the creditor gets an enforceable title, which is only possible if the debtor agrees to such a procedure.<\/p>\n
For further information, refer to www.bnotk.de\/en.<\/p>\n
On our notary, we offer \u2013 as it is the case with every other notary \u2013 the certification or authentication of following contracts or legal transactions:<\/p>\n
Purchase of land, made gift of land or contracts of the transference of land, no matter if developed or not, purchase or gift of condominium, hope equity or mortgage loan appointments, appointment of so-called servitudes.<\/p>\n
Testimonies, inheritance contracts, negotiations on certificates of inheritance, marriage contracts, separation and divorce forward agreements.<\/p>\n
Applications for commerce register filing, GmbH-formation contracts, partnerships, BGB Company (partnership under the German Civil Code), general partnership, limited liability company, LPC (Ltd.), UG (limited liability)<\/p>\n
Applications for association register filing when forming a new association, transformations of the constitution or the committee.<\/p>\n
It applies for the same (not for different) affairs.<\/p>\n
In case of an earlier lawyer\u2019s representation, no notary involvement is permitted. Vice versa it applies the same: if, for example, the notary has already authenticated a contract, he is not permitted to act on any party\u2019s interest as lawyer for the same matter (\u00a7 3 Abs. 1 Nr. 7 BeurkG, \u00a7 45 BRAO).<\/p>","protected":false},"excerpt":{"rendered":"
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