Notary Natalie Sonntag in Baden-Baden
Many legal transactions must be notarised by law, in which case an appointment with a notary is essential. Nevertheless, prospective clients are often unsure which services a notary provides and how a notary’s role differs from that of a solicitor. This overview explains the services offered by notaries, including those I provide as a notary in Baden-Baden, the relevant laws and the benefits of advice and support from a notary. If you have any further questions, we will also be pleased to advise you by telephone.
The notarial profession at a glance
The German title “Notar” derives from the Latin word “notare”, meaning “to make notes” or “to write a great deal”. Alongside providing advice, writing is indeed a characteristic part of a notary’s work when private or business legal transactions need to be certified or recorded in a notarial deed. These core activities – certifying and notarising legally relevant documents such as contracts, evidence admissible in court or other facts – reflect the notary’s position as a trusted professional with a high level of legal expertise.
The difference between a notary and a solicitor
Clients sometimes confuse the roles and services of notaries and solicitors. A solicitor acts in legal disputes and represents a client as a party to a dispute. A notary, by contrast, acts impartially and does not represent any party. As a legal professional, the notary assesses and handles the matter independently of any one party and of the views of those involved.
The office of a notary is a public office, even though a notary works on a self-employed basis like a solicitor. The notary’s public appointment reflects the profession’s standing and high level of public recognition.
The principal duties of a notary
Individuals and legal entities entering into legal transactions or recording other legally relevant facts are often not legal professionals. Without legal training, they may not be able to anticipate all the legal consequences of their actions or declarations of intent. Notaries provide these individuals and organisations with comprehensive professional support.
Notaries advise on legal transactions and their implications while remaining impartial. An essential part of their work is to protect people without legal expertise from potentially adverse consequences of legally relevant actions. Notaries certify and notarise legal transactions as required and within the statutory framework. They also act as an interface between the parties to a legal transaction and public authorities, government offices – such as the tax office – or courts.
Your notary in Baden-Baden
As your notary in Baden-Baden, I advise and assist you across a broad range of notarial matters involving different areas of current law. Like all notaries, I cover these areas with a high level of expertise. Typical examples include:
- Property and property development law
- Company law
- Inheritance law
- Family law
If you are unsure whether a notary can assist with your matter, please use our telephone advice service.
Property and property development law
A classic area of notarial work is the procedure surrounding a property purchase agreement. Such an agreement must be recorded in a notarial deed, regardless of the purchase price or the type of property.
Notaries handle both standard property agreements and highly complex contracts. Developer projects and properties forming part of urban developments are also notarised. Notaries deal with encumbrances over land, including security interests such as land charges and easements. They can also establish specific rights of residence or use in relation to a property.
Company law
Company law in the Federal Republic of Germany is highly complex and demanding. Notaries provide clients with knowledgeable and comprehensive assistance.
Common examples and topics in company law include:
- Choosing the appropriate legal form
- Implementing the statutory requirements for incorporation, particularly for corporate entities
- Amending articles of association
- Corporate conversions
- Changes of shareholders
- Restructuring businesses of various legal forms
- Liquidation
Notaries provide comprehensive support in all these matters. Their services are used both by people starting a business and by owners of established businesses.
Inheritance law
Many people are familiar with notarial work in connection with succession planning. As a notary in Baden-Baden, I assist clients who require notarial support with matters such as inheritance agreements or wills. Precautionary powers of attorney and related advice also form part of the services that notaries, including myself, provide.
In addition to documents prepared by private individuals, such as wills and inheritance agreements, notaries can also handle corresponding matters for business owners. In particular, business owners benefit from notarial advice on succession and the relevant dispositions made by the testator. Notaries also advise on renouncing an inheritance and applying for a certificate of inheritance.
Family law
Notaries also deal with family-law matters. A common example is a marriage contract, which determines the consequences of a possible divorce. Particularly in financial matters, such agreements can help avoid lengthy and costly disputes between the parties from the outset. Agreements on the consequences of divorce are another effective instrument. In matters concerning a couple’s children, notaries can also notarise adoption applications or help develop tailored arrangements concerning custody.
Precautionary and general powers of attorney, advance healthcare directives and care directives can also be dealt with by notaries. Notaries explain the legal consequences of these arrangements in detail and provide advice as required.
Notarial services and costs
Notaries’ fees and expenses are prescribed by law. The German Court and Notary Costs Act (Gerichts- und Notarkostengesetz – GNotKG) establishes a particularly socially balanced fee system. Under section 17(1), first sentence, of the Federal Notaries Ordinance (Bundesnotarordnung), a notary must charge the statutory fees for their work – no more and no less.
The fee system under the Court and Notary Costs Act is carefully balanced. Notarial costs depend on the significance and value of the transaction, irrespective of the time involved. The Court and Notary Costs Act, which applies uniformly throughout Germany, specifies a fee rate for each transaction. The actual fee is calculated from that rate using a scale based on the transaction value.
Prospective clients sometimes assume that notarial fees depend on the length of the consultation. This is not the case. In principle, notarial costs are calculated according to the value of the relevant transaction. This is regarded as socially equitable and also means that notaries can provide comprehensive advice and handle the matter without increasing the notarial costs.
Notary Natalie Sonntag
Like all notaries, I offer a comprehensive range of notarial advice, notarisation and certification services. Your matter will be handled professionally and according to your needs.
Our clients receive high-quality advice and support tailored to their requirements. Certain matters can also be handled through the online notarial procedure.