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Notarial deeds

A notarial deed is a public document drawn up by a notary. A notarial deed has a higher legal force than an ordinary document because it is not necessary to prove its authenticity.

In the case of certain specific legal proceedings, the law directly requires the form of a notarial deed, for some legal proceedings it is recommended.

Notarial records with the original signatures of the notary and the participants are stored in the notary's office of the notary who drew them up.

Participants in legal proceedings will receive copies of the notarial deed, which contain the same text as the notarial record itself, as well as transcripts (copies) of all annexes to the notarial deed, as well as a clause verifying the conformity of the duplicate with the notarial deed. Copies are marked in the header of the first page with the inscription "COPY" (usually made by stamp or print). However, it is not possible to issue a copy of the notarial deed of the will.

An extract from the notarial deed may also be issued, including only a part of the data stated in the notarial deed (for example, only some separate proceedings); however, the extract must not call into question the content of the notarial record. It is also possible to issue a simple copy of the notarial record to persons to whom copies of the notarial record may be issued, but which, unlike the duplicate, does not contain a clause on verification of conformity with the notarial deed. A copy of the notarial deed of the will or deed of appointment of the administrator of the inheritance may be issued only to the acquirer, the person appointed by the administrator of the inheritance or their agents.

Types of notarial records

Notarial deeds on legal acts

The contract in the form of a notarial deed is obligatory:

  • When modifying the joint property of the spouses
  • Establishment of a limited liability company, joint stock company or a European company
  • Agreement on the direct enforceability of commitments
  • Legal acts of those who cannot read and write
  • Mortgage agreement on movables and real estate not registered in the real estate cadastre
  • Instrument of appointment of the administrator of the succession
  • Other cases where required by law.

Certificate of legally significant facts

A notary can certify various processes, facts, declarations and the state of affairs, but it is always important that the certified process is legally significant.

The most common types of notarial certificates:

  • Certificate that someone has said something
  • Certificate on the course of meetings of the bodies of legal entities, in particular on the course of general meetings
  • Certificate of status
  • Lottery certificate

Notarial records of a decision of a body of a legal person

This special notarial deed according to § 80a of the Notarial Code has special formal requirements. A notary shall draw up this deed of the decision of the body of the legal person, if a special legal regulation requires the acquisition of such a notarial deed, or if a decision is made on the facts entered in the public lists. In practice, these are mainly notarial deeds of decisions of general meetings of limited liability companies and joint stock companies.

The notarial deed can be drawn up, inter alia, on the following decisions:

  • Dismissal and appointment of an executive officer, member of the Board of Directors or the Supervisory Board
  • Increase or decrease of registered capital
  • Change in the partnership agreement, the charter, or the articles of association, in particular a change in the name of the company, a change in the registered office, or a change in the subject of business
  • Division of business share in a limited liability company
  • Approval of the transfer of a business share in a limited liability company
  • Winding up of a company with liquidation
  • Approval of mergers, divisions or other types of transformations
  • Approval of the control agreement

Our consulting company, in cooperation with an independent notary, will arrange for you to draw up notarial records, especially in the following matters:

Notarial records in the field of civil law

  • Drawn up in connection with the adjustment of the joint property of the spouses (narrowing or division of the SJM)
  • Agreements on direct enforceability - documents for direct execution without the need for prior court proceedings
  • On unilateral declarations - will, inheritance, appointment of a trustee
  • Contracts - purchase contract (most often it is a contract for the transfer of real estate), mortgage contract, etc.
  • On the establishment of a foundation, the establishment of a community of unit owners, the establishment of an institute
  • On the establishment of a trust fund

Notarial records in the field of commercial law

  • On founding negotiations when establishing a business corporations (partnership agreement, charter, adoption of articles of association) - the establishment of a limited liability company, a joint stock company or a European company, the establishment of a cooperative, etc.
  • On a change in the partnership agreement, charter or articles of association for an existing company - typically a change of registered office, change of name, change in the amount of business capital, change in the subject of business, division of business share, etc.
  • On the winding up and liquidation of the company
  • On transformations of business companies - typically mergers, divisions, transfer of assets to a partner, etc.

Price of notarial records

The price of a notarial deed, ie the remuneration of a notary for drawing up a notarial deed, is governed by the notarial tariff. Most often, the price depends on the value of the thing for which the notarial record is made. To determine the exact price, it is necessary to subordinate your specific case directly to the relevant table of the notary tariff.

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