Notarial services provided in addition to notarial acts
Seek legal advice even if you are not planning a transaction
You can contact a notary even if you do not yet have a specific transaction in mind. A notary helps to clarify legal matters, consider possible solutions, explain the risks and prevent future disputes. Consequently, in addition to their mandatory notarial acts, notaries also have the right to provide notarial services.
About services
The most common notarial service is legal advice outside transactions. You can also seek assistance from a notary in the event of a dispute that has already arisen. If one party does not fully understand their rights, or if the parties interpret an agreement differently, a notary as an impartial adviser can explain the legal situation, the case law on similar matters and possible solutions.
The provision of notarial services is voluntary. However, once a notary has agreed to provide a notarial service, they may no longer refuse to do so without good cause.
Notaries can provide the following notarial services:
- legal advice outside a notarial act;
- conciliation in accordance with the Conciliation Act;
- advice on taxation and foreign law;
- conducting auctions, voting, draws and die casting, and verifying the results;
- the transmission of requests and notices, and the issue of a certificate confirming that such transmission has taken place or that it was not possible;
- accepting money (excluding cash), securities, documents and other items into deposit;
- taking an oath and certification of testimony given under oath;
- acting as an arbitrator;
- provision of the contact person service set out to in § 63 (1) of the Commercial Code.
Notary fee
In the case of notarial services, the notary fee is not prescribed by law, but it is agreed in writing between the notary and the client before the service is provided. The price of a notarial service depends on the complexity of the work and the time required for it.
If the consultation relates to a subsequent notarial act, such as the authentication of a contract for the sale and purchase of property, the notary will, in the case of a transaction concluded within a reasonable period of time, regard the fee paid for the consultation as an advance payment for the transaction.