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| Notary public (Germany) | |
|---|---|
| Name | Notary public (Germany) |
| Caption | German notarial seal |
| Occupation | Public official |
| Nationality | German |
Notary public (Germany) is a legally empowered public officer in the Federal Republic of Germany who certifies, authenticates and records legal acts under civil law. German notaries operate within a framework shaped by the German Civil Code, the Notarordnung and state laws of the Länder, serving private parties, corporations and public bodies in matters including conveyancing, family law and corporate formation. The office links to institutions such as the Federal Constitutional Court, the Bundestag legislative framework and European instruments like the European Union directives affecting cross-border notarial practice.
The office derives from medieval offices in the Holy Roman Empire, where chancery officials in Aachen, Regensburg and Mainz performed notarization resembling later practices; later developments were influenced by Napoleonic Code reforms in the Rhineland and the codification movement culminating in the German Civil Code. Prussian legal reforms under figures associated with the Prussian Reform Movement and administrators in Berlin shaped modern notarial duties, paralleled by codifications in Bavaria and Saxony. The 19th-century unification under the German Empire created more uniform standards, while post-World War II reconstruction involved the Allied Control Council and later integration into the Basic Law framework. European integration via the Treaty of Maastricht and the European Court of Justice has since affected cross-border recognition, and recent reforms reflect jurisprudence from the Federal Court of Justice and legislative action by the Federal Ministry of Justice.
German notaries are public officers under the Notarordnung and state notary laws promulgated by the Länder parliaments such as the Landtag of Bavaria or the Bürgerschaft of Hamburg. They serve as impartial witnesses in transactions involving parties like individuals, firms such as Deutsche Bank, Siemens, and non-profit bodies like Bertelsmann Stiftung. Their functions intersect with courts including the Amtsgericht and the Landgericht when notarial deeds are submitted as evidence, and with registry authorities such as the Grundbuchamt and the Handelsregister. Notarial acts often produce "public faith" recognized by the European Court of Human Rights and regulatory agencies like the Federal Financial Supervisory Authority (BaFin).
Candidates typically require legal qualifications such as the First State Examination and the Second State Examination after training in courts like the Amtsgericht and internships at institutions including the Federal Ministry of Justice. Appointment procedures involve panels or courts in entities like the Oberlandesgericht and selection by state ministries. Historically, appointments reflected influence from bodies such as the Reichsgericht; today competitive selection often favors lawyers associated with firms like Freshfields Bruckhaus Deringer or alumni of universities such as the Humboldt University of Berlin, the Ludwig Maximilian University of Munich, and the University of Heidelberg. Professional organizations include the German Association of Notaries (Deutscher Notarverein) and regional chambers like the Notarkammer Berlin.
Notaries draft and authenticate instruments such as deeds for real estate transfers entered at the Grundbuchamt, wills lodged with the Nachlassgericht, and incorporation documents filed at the Handelsregister. They advise parties on matters governed by codes like the German Civil Code and statutes such as the Erbschaftsteuer- und Schenkungsteuergesetz, and may represent neutrality in transactions involving entities like Volkswagen or BASF. Powers include taking sworn statements before administrative bodies such as the Bundesamt für Justiz and authenticating powers of attorney used before authorities like the Bundespolizei or consular offices of states including the United States and France.
Notarial offices vary from single-notary practices to chambers with staff, employing assistants trained in institutions like the Chamber of Industry and Commerce (IHK) and using registries interoperable with the Grundbuchamt and the Handelsregister. Offices interact with financial institutions such as Commerzbank and service providers like Deutsche Post for document delivery; they rely on standards from bodies like the German Institute for Standardisation (DIN). Digitalization initiatives connect notarial workflows to national projects overseen by the Federal Ministry for Digital and Transport (Bundesministerium für Verkehr und digitale Infrastruktur) and EU platforms, while data protection obligations derive from the Bundesdatenschutzgesetz and the General Data Protection Regulation.
Fees are governed by statutory schedules such as those in the Gerichts- und Notarkostengesetz and state regulations enforced by ministries like the Ministry of Justice of North Rhine-Westphalia. Oversight involves professional disciplinary chambers and courts including the Oberlandesgericht and administrative authorities like the Bundesrechnungshof in matters of public interest. Economic actors such as Allianz or Deutsche Telekom interact with notarial services subject to anti-money laundering rules from the Financial Action Task Force and enforcement by BaFin.
German notarial practice is compared internationally with systems in countries such as France, Italy, Spain, England and Wales, and the United States, reflecting distinctions between civil-law notaries and common-law notaries public. Cross-border recognition involves instruments like the Hague Apostille Convention and coordination with bodies such as the Council of Bars and Law Societies of Europe (CCBE). EU developments like the Regulation (EU) No 650/2012 on succession and the Brussels I Regulation influence notarial practice in transnational matters involving courts such as the European Court of Justice and registries in member states including Netherlands and Poland.
Category:Legal professions in Germany Category:Notaries