As an organ of the preventive administration of justice, the notary has a position independent of the state and of the parties in a transaction. In this capacity he advises the parties involved neutrally and comprehensively, making sure that the contracts are balanced. He also supervises payments and takes care of entries in the land and other registers.
The law stipulates that a notary must be involved in certain legal transactions that have far-reaching consequences for the parties. This includes, for instance, the conclusion of real property sale and purchase agreements and the establishment of a corporation. Without notarization, such legal transactions are null and void.
The scope of a notary’s work also includes the certification of signatures and copies, as well as the notarization of actual events (e.g. shareholder meetings) and the issuance of certificates regarding facts that the notary has witnessed in the course of his duties.
Below you will find an overview of the services provided by our notaries.
For a large number of important legal transactions, the form of notarial recording (notarielle Beurkundung) is prescribed by law. Failure to notarially record such legal transactions results in their voidness.
The certification of a signature is the public certification of the fact that the signature stems from a specific person and that the signatory has personally executed or acknowledged his signature before the notary.
On request, we will provide our clients with up-to-date extracts from the electronic commercial register, register of cooperatives and register of associations.
The preparation of draft contracts is already part of the notarization activities of notaries if this serves to prepare a notarial recording or certification.
If companies are represented in the notarization, the notary has to determine who is representing the company and whether these persons are authorized to represent the company.
As a rule, banks only pay out loans for the purpose of financing a property purchase when the created security right over property (usually a land charge) has been entered in the land register.
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