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FAQ Germany*

Notary

What does a notary do?

Notaries in Germany are independent public officials. The legal system calls upon notaries to provide neutral advice to all parties involved, ascertain the true will of the parties, ensure legal documents are drafted securely, inform all parties of the legal consequences of certain transactions and notarise these transactions. Notaries also prepare certified copies or certify declarations. Unlike lawyers, notaries do not represent one side of a transaction or conflict, but mediate between both sides. They need to remain impartial and independent.

Nevertheless, some notaries also work as lawyers. The law requires that notaries must be involved in certain legal transactions, to ensure that all parties are sufficiently informed of the consequences.

When do I need a notary?

Notaries are only mandatory for specific legal transactions and only when the respective statute says so. These transactions usually stem from the fields of property law, company law, inheritance law, and family and divorce law. The most common cases to approach a notary are:

  • When submitting certified copies or certified declarations
  • When buying or selling real-estate property
  • Adoptions
  • Founding many types of companies, such as private and public limited liability companies
  • Alimony agreements during divorce proceedings
  • Inheritance agreements (which are different from simple wills or testaments)
  • To ensure that a “contractual obligation” to make a gift in the future is binding

How do I find a notary?

All notaries must be members of their respective regional chamber of notaries. The Federal Chamber of Notaries has a Germany-wide database of notaries (in German), in which you can look for notaries by city, district and language:

https://www.notar.de/notarsuche/notarsuche

What will a notary costs?

Notaries usually do not determine their fees themselves, but rather charge fees fixed by the Court and Notary Fee Act (Gerichts- und Notarkostengesetz) and the Federal Notarial Code (Bundesnotarordnung). The fee will always depend on the value of the transaction, resulting in higher fees for transactions of higher financial value. Specific notarial activities have certain minimum and maximum fees to ensure the functioning of the notarial system. This system also means that the costs will be the same, no matter which notary you chose.

A lawyer should be able to estimate these costs and, with some prior knowledge of the law, everyone can calculate these online:

https://www.notar.de/themen/notarkosten/gebuehrenrechner

* No guarantee can be given for the correctness and completeness of the information published in the FAQ. The published FAQs contain general information that cannot reflect every individual case.

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