Notarial deposit
Secure storage of assets during a transaction
If, when making a large payment, you wish to ensure that the money is only paid out to the recipient once the agreed conditions have been met, you can use a notary deposit account.
About the notarial act
A notary deposit account is most commonly used to pay the purchase price for property or in commercial transactions. A notarial deposit helps to ensure that the sum agreed in the transaction is paid out only after the conditions specified by the parties have been met.
In the case of a notarial deposit, the money is paid into the notary deposit account before the transaction, and the notary only releases it once the conditions set by the parties have been met. This gives the seller the assurance that the buyer has the necessary funds, and gives the buyer the assurance that the money will not be paid to the seller until the agreed conditions have been met.
What is a notary deposit account?
A notary deposit account is a separate bank account opened in the notary’s name. Although the account name contains the notary’s first name and surname, it is not the notary’s personal account and the money in it does not belong to the notary.
A notary deposit account may only be used to hold funds relating to notarial acts or notarial services. All amounts credited to the account and all payments made from it are recorded in the deposit ledger.
Use of notary deposit account
If you wish to use a notary deposit account, please let the notary’s office know as soon as possible.
Before transferring the money:
- ask the notary’s office for the correct notary deposit account number;
- check the payee’s name and the payment details;
- make sure that your bank’s transfer limit is sufficient;
- check that the money is credited to the notary deposit account before the transaction is completed;
- be prepared to explain and, if necessary, prove the source of the funds;
- inform the notary if the money is paid into the account by someone other than a party to the transaction.
When funds are deposited, the notary applies the requirements for the prevention of money laundering and the financing of terrorism and may request documents proving the origin of the funds. If the necessary information is not provided, the notary may refuse to deposit the funds or to execute the transaction.
It is important to keep in mind that the invoice for the notary fee is not paid into the notary deposit account. Please use the bank account details shown on the invoice to pay the fee.
How does depositing money into a notary deposit account work?
1. The Parties agree on the terms of the payouts
Before depositing the money, it must be agreed to whom, in what amount and under what conditions the notary will pay out the money. The terms are set out in the deposit request or in the notarial instrument relating to the underlying transaction, such as a contract for the sale of property or a contract for the sale of shares in a private limited company.
2. The money is transferred into the notary deposit account
The depositor transfers the money to the notary deposit account in such a way that the amount is received in the account before the transaction is carried out. Simply making the transfer is not enough. A notarised request from the depositor is also required in order to deposit money.
A separate request is not required if the terms of the deposit are included in the notarial instrument for the main transaction and the depositor is a party to that transaction.
3. The depositor makes the request
The following will be set out in the deposit request:
- who deposits the money;
- the amount that will be deposited;
- to whom the notary may pay out the money;
- what terms must be met before the payout is made;
- the account to which the money will be paid;
- what happens to the money if the planned transaction does not go ahead or a condition is not met.
The request may be made at the notary’s office or via remote authentication.
4. The notary checks whether the money has been received
The notary checks whether the money has been received in the correct notary deposit account, whether the deposit request has been made as required, and whether the data relating to the deposit are sufficient. The notary makes an entry about the deposit in the deposit ledger. A deposit receipt is issued to the depositor, or its data are included in the notarial instrument.
5. The notary pays out the money
The notary pays out the deposited money after the agreed terms and conditions have been met.
In the case of a property transaction, a condition for payout may be, for example, that:
- the buyer has been entered in the Land Register as the owner;
- the notary has submitted the transaction documents to the Land Registry Department and verified that they have been received;
- the seller has handed over the property to the buyer;
- the previous mortgage has been deleted or the documents required for its deletion have been submitted;
- any other obligation specified in the contract has been fulfilled.
The parties may also agree that the money will be paid out in instalments, subject to the fulfilment of various conditions.
If a condition of the payout is not met, the notary may not pay out the money.
When the money is transferred by a third party
The depositor is a natural or legal person from whose account money is transferred to the notary deposit account. If the money is paid into a notary deposit account by someone who is not a party to the main transaction, that person must also make a notarised deposit request.
For example, if a parent transfers money directly into a notary deposit account for the purchase of a property for their child, the child’s parent is the depositor and the person who must make the request.
If the parent first transfers money into the child’s account and the child then makes a transfer from there to the notary deposit account, the child is the depositor.
What should you keep in mind when depositing money?
The money must be transferred to the notary deposit account early enough to ensure it is received by the time the transaction is concluded.
The depositor must submit a notarised deposit request. The request is usually attached to the notarial instrument relating to the main transaction, such as a contract of sale.
A separate deposit request must be made if the money is paid into a notary deposit account by someone who is not a party to the main transaction. For example, if a parent transfers money directly into a notary deposit account for the purchase of a home for their child, the request must be made by the parent. A bank transfer or writing the purpose of the transaction in the payment details alone is not enough. An ordinary digitally signed request does not replace a notarised request.
When does the notary pay out the money?
Once the money has been transferred to the notary deposit account, the notary checks the receival of the funds and the request, and then registers the deposit.
The notary pays out the deposited money only after the terms and conditions determined by the parties have been met.
In the case of a property transaction, it may be agreed, for example, that the money will be paid to the seller after the buyer has been entered in the Land Register as the owner, after the documents have been submitted to the Land Registry Department, or after the property has been handed over. The money may also be paid out in several instalments.
The notary does not pay out the money if an agreed condition is not met. It is therefore important to consider, before signing the contract, what will happen to the funds if the proposed transaction does not go ahead.
Depositing money, securities, documents and items as a notarial service
If the deposit is not linked to a notarial act carried out by the notary, such as the sale of property or a company, the notary may also offer the deposit as a notarial service.
The following can be deposited as part of the notarial service:
- money, excluding cash;
- securities;
- documents;
- other items.
The provision of depositing as a notarial service is optional for notaries and this service may only be used at the office of a notary who provides this service. Information on this can be found in the list of notaries.
Notary fee calculator
Enter the deposit amount
The notary fee is a quarter of the full fee for the notarial act of depositing cash or securities with the notary, but not less than €6.39. The fee is subject to VAT.
Estimated cost of the transaction
- Notary fee
- VAT
- State fee
- Total