Notaries in Czech Republic

There are about 443 notaries in the Czech Republic, which are spread geographically throughout 124 cities on the czech territory, organized in 8 regional notary chambers (Notary Chamber for the City of Prague, Notary Chamber in Prague, Notary Chamber in České Budějovice, Notary Chamber in Plzeň,Notary Chamber in Ústí nad Labem, Notary Chamber in Hradec Králové, Notary Chamber in Brno, Notary Chamber in Ostrava ) which are ruled by The Notarial Chamber of the Czech Republic (hereinafter, the “Chamber“), a legal association organized under the laws of the Czech Republic with its registered office in Prague. The czech notaries offer the following notarial services:

Transfer of Real Estate

Contracts of purchase or donation represent the leading methods of house, flat or land transfer. The czech notary will draft a purchase agreement in the form of a notarial deed which is an authentic document unlike the contracts drafted by a lawyer or real estate agent. In cases of dispute, a notarial deed may be used as undisputable evidence of the verity of the information stated within.

Documents required to draft an agreement in the form of a notarial deed:

- documents demonstrating the transferor’s property right to the real estate in question (e.g. an inheritance decision or purchase agreement) are required.

- excerpt from the land register. At present, czech notaries have online access to the land register and they are able to retrieve official excerpts for their clients. An expert opinion as to the value of the real estate is sometimes required for tax purposes. The expert's opinion is not always necessary, for example, it is not required for expanding or reducing joint property of spouses because these agreements are not subject to tax..

The notarial profession specializes in the legal relations real estate thus a notary ensures that agreements are elaborated to the required professional standard. Whilst drafting an agreement, a notary will instruct both parties on the legal consequences of their actions thus preventing any future disputes from arising. A real estate transfer agreement must be submitted to the land registry for the registration of the property right. You may also appoint a notary to represent you in proceedings with the land registry office.

In the Czech Republic, notaries perform a notarial activity, provide legal assistance, perform property administration, and perform other activities for which they are entitled compensation the amount of which, as well as the manner in which it is established, is governed by the provisions of the Decree No. 196/2001 Coll., as amended. The amount of notary's remuneration shall be determined in accordance with the compensation rate per act or total of acts concerning the notary's activity determined by a fixed amount or as a percentage of a tariff rate, whereas the value of the subject of the act serves as the tariff value (e.g. the usual price of a thing, the price of transferred property, the amount of a claim, etc.). Due to a complex calculation of the compensation for the notary's activity, the potential applicants / clients are recommended to address their possible inquiries directly to the notary having the sufficient knowledge of the relevant language.

Notary Escrow

Should you want to buy or sell real estate a notary, in addition to drafting the purchase agreement, can hold the purchase price in escrow and thereby ensure a safe method of payment.

In any European country with an advanced legal system it is inconceivable to settle the purchase price other than in a form of an escrow. The advantages of an escrow provided by a notary are obvious – the seller eliminates the risk that they will not be paid the entire purchase price and the buyer does not risk handing over the purchase price prior to the property right being registered at the land registry office. Furthermore, the buyer can ensure that the seller fulfills their legal obligation to pay the real estate transfer tax. A notary is considered as a sufficiently trustworthy escrow agent due to their legal and registration obligations which are inspected by self-governing notary authorities. In addition, notaries are insured against any possible risk.

The drafting of a purchase agreement and the administration of an escrow account are so closely related that it is preferable to have them administered by a single person – the notary.

In the Czech Republic, notaries perform a notarial activity, provide legal assistance, perform property administration, and perform other activities for which they are entitled compensation the amount of which, as well as the manner in which it is established, is governed by the provisions of the Decree No. 196/2001 Coll., as amended. The amount of notary's remuneration shall be determined in accordance with the compensation rate per act or total of acts concerning the notary's activity determined by a fixed amount or as a percentage of a tariff rate, whereas the value of the subject of the act serves as the tariff value (e.g. the usual price of a thing, the price of transferred property, the amount of a claim, etc.). Due to a complex calculation of the compensation for the notary's activity, the potential applicants / clients are recommended to address their possible inquiries directly to the notary having the sufficient knowledge of the relevant language.

Notarial Deed as a Basis for Distraint

A notarial deed containing the debtor’s consent to direct enforceability or distraint is the most effective method of securing the repayment of a loan. The notarial deed contains the debtor’s obligation to duly repay their debt to the creditor within the given time under the threat of subsequent distrainment of their assets.

Consent to enforceability agreement is a document that allows a distrainor to directly request distrainment of the debtor’s assets. In the case that a loan is not repaid it is not necessary to prior to distrainment to go through lengthy civil proceedings in which the court first declares the debtor’s obligation to pay, and only after this can distrainment proceedings begin. It may then often be too late to recover the money.

The agreement should preferably be drawn up during the transfer of money at the latest, it can also be entered into for debt that has just come into being. The agreement can be entered into in cases where the repayment of debt is already due and the creditor is willing to provide the debtor with an additional period of time for repaying their debt.

In the Czech Republic, notaries perform a notarial activity, provide legal assistance, perform property administration, and perform other activities for which they are entitled compensation the amount of which, as well as the manner in which it is established, is governed by the provisions of the Decree No. 196/2001 Coll., as amended. The amount of notary's remuneration shall be determined in accordance with the compensation rate per act or total of acts concerning the notary's activity determined by a fixed amount or as a percentage of a tariff rate, whereas the value of the subject of the act serves as the tariff value (e.g. the usual price of a thing, the price of transferred property, the amount of a claim, etc.). Due to a complex calculation of the compensation for the notary's activity, the potential applicants / clients are recommended to address their possible inquiries directly to the notary having the sufficient knowledge of the relevant language.

Wills, Disinheritance and Provisions for Inheritance Trustees

Wills can be made to resolve property matters and prevent subsequent property disputes among heirs. In particular, single people with no children should be informed about who the law says will inherit their assets and consider making a will.

If the will is prepared in the form of a notarial deed, the original is kept by the notary and the existence of the will is electronically registered in the central register of wills which is maintained by the Notary Chamber of the Czech Republic. Unlike other legally acceptable forms of making a will, the author of a will drawn up in the form of a notarial deed will have the utmost assurance that the inheritance will be truly settled according their last will.

Heirs appointed by the author of a will have priority over heirs prescribed by law, with the exception of the author‘s descendants who may claim an share of the inheritance prescribed by law. The will may be modified or cancelled at any time. Should you wish your descendants not to inherit from you and provided that there are legal reasons for it, you may draw up a disinheritance deed. The disinheritance deed is a very formal and demanding document therefore it is best to let a notary prepare it.

Due to complications that may arise in course of inheritance proceedings with an international element, it is recommended that foreigners who wish to write their last will and testament in the territory of the Czech Republic should consult the matter with a notary. The notary will make appropriate efforts so that the last will and testament meets all the formal and content requirements, thus protecting the interests of the testator, as well as their heirs, and so that it is written in accordance with the international private law.

The law now offers the opportunity to appoint an inheritance trustee to deal independently with inheritance matters from the time of the death of the devisor until the settlement of the inheritance. Especially entrepreneurs that own or partly own a business or have ownership interests in a business should consider appointing an inheritance trustee to avoid irretrievable damages resulting from disputes among heirs. An inheritance trustee may only be appointed in the form of a notarial deed drawn up separately from a will. An inheritance trustee must express their consent with their appointment.

In the Czech Republic, notaries perform a notarial activity, provide legal assistance, perform property administration, and perform other activities for which they are entitled compensation the amount of which, as well as the manner in which it is established, is governed by the provisions of the Decree No. 196/2001 Coll., as amended. The amount of notary's remuneration shall be determined in accordance with the compensation rate per act or total of acts concerning the notary's activity determined by a fixed amount or as a percentage of a tariff rate, whereas the value of the subject of the act serves as the tariff value (e.g. the usual price of a thing, the price of transferred property, the amount of a claim, etc.). Due to a complex calculation of the compensation for the notary's activity, the potential applicants / clients are recommended to address their possible inquiries directly to the notary having the sufficient knowledge of the relevant language.

Marriage contracts

If you wish to deviate from the legal regulations of the joint property of spouses, you may restrict or extend the extent of your joint property of spouses in an agreement that may only be drawn up by a notary in the form of a notarial deed. Restriction of the joint property of spouses is understood to mean where a partner becomes the exclusive owner of a property originally belonging to both (e.g. jointly purchased real estate will become the exclusive property of one of the partners) or rules may be drawn up to specify which assets will become the exclusive ownership of the spouses in the future. Extension of the joint property of spouses is understood to mean where the exclusive ownership of one of the partners becomes their joint property (e.g. a partner inherits a property and the spouses wish it to become their joint property).

Spouses may conclude a marriage contract before getting married or anytime during the marriage.

The reason for entering into such an agreement is generally to resolve situations that could negatively affect family property relations. Agreements may for instance reduce the impact of one partner’s business risk on the family as well as prevent the complicated settlement of property after a divorce or unwanted succession by a descendant.

In the Czech Republic, notaries perform a notarial activity, provide legal assistance, perform property administration, and perform other activities for which they are entitled compensation the amount of which, as well as the manner in which it is established, is governed by the provisions of the Decree No. 196/2001 Coll., as amended. The amount of notary's remuneration shall be determined in accordance with the compensation rate per act or total of acts concerning the notary's activity determined by a fixed amount or as a percentage of a tariff rate, whereas the value of the subject of the act serves as the tariff value (e.g. the usual price of a thing, the price of transferred property, the amount of a claim, etc.). Due to a complex calculation of the compensation for the notary's activity, the potential applicants / clients are recommended to address their possible inquiries directly to the notary having the sufficient knowledge of the relevant language.

Surety Agreements and the Sureties Register

A surety agreement is one of the ways of securing a creditor’s claim against a debtor. A surety may be real estate, movable assets or other rights of a property nature. A special regulation applies for rights of lien over property not registered with the land register office (e.g. a cellar), collective assets (e.g. a business), sets of assets (e.g. a collection), movable assets (e.g. a car) which will not be transferred to the creditor on conclusion of a surety agreement.

The surety agreement must be prepared in the form of a notarial deed, in which case the surety shall arise once it is registered by a notary in the sureties register maintained by the Notary Chamber of the Czech Republic.

The notary may also prepare a surety agreement for real estate registered in the land register office. The surety is established once it is registered in the land register.

The sureties register serves not only for the mandatory registration of rights of lien but it is also possible to search through them. A notary can identify whether a certain item is subject to a lien, whereby avoiding the risk of purchasing something which is encumbered by a lien. A creditor may assert their right of lien against a new owner who would find it difficult to claim that they had no knowledge of it. Such care should be taken when purchasing valuable items (e.g. an old car).

In the Czech Republic, notaries perform a notarial activity, provide legal assistance, perform property administration, and perform other activities for which they are entitled compensation the amount of which, as well as the manner in which it is established, is governed by the provisions of the Decree No. 196/2001 Coll., as amended. The amount of notary's remuneration shall be determined in accordance with the compensation rate per act or total of acts concerning the notary's activity determined by a fixed amount or as a percentage of a tariff rate, whereas the value of the subject of the act serves as the tariff value (e.g. the usual price of a thing, the price of transferred property, the amount of a claim, etc.). Due to a complex calculation of the compensation for the notary's activity, the potential applicants / clients are recommended to address their possible inquiries directly to the notary having the sufficient knowledge of the relevant language.

Verification and Certification

Each notary office may verify your signature (legalization) or verify the conformity of a copy with the original document (vidimus). Whereas for legalization, you must be there in person and present the notary with a valid identification card, verification that a document is a true copy of the original can be requested by anyone. The law prohibits the verification of certain documents.

If you require a certified copy in another country, the verification must be made by the notary themselves or by their resident representative. Furthermore, a higher degree of authentication (apostille) is also required and is provided by the International Department of the Ministry of Justice of the Czech Republic, located at Na Děkance 3, 128 10, Prague 2.

In the Czech Republic, notaries perform a notarial activity, provide legal assistance, perform property administration, and perform other activities for which they are entitled compensation the amount of which, as well as the manner in which it is established, is governed by the provisions of the Decree No. 196/2001 Coll., as amended. The amount of notary's remuneration shall be determined in accordance with the compensation rate per act or total of acts concerning the notary's activity determined by a fixed amount or as a percentage of a tariff rate, whereas the value of the subject of the act serves as the tariff value (e.g. the usual price of a thing, the price of transferred property, the amount of a claim, etc.). Due to a complex calculation of the compensation for the notary's activity, the potential applicants / clients are recommended to address their possible inquiries directly to the notary having the sufficient knowledge of the relevant language.

Trade companies

According to the law, when establishing a limited liability company or a joint-stock company, the founding documents must be written in the form of a notarial record. The notary compiles and issues the founding documents (i.e. founder's deeds, Memoranda of Association, or articles of association) so that they comply with the law and meet the requirements and needs of company founders. This should prevent future disputes among associates.

In order to certify fundamental changes concerning the afore-mentioned companies, the law also prescribes producing notarial records. In particular, this concerns the verification of the course of general meetings held by limited liability companies (e.g. the change of the articles of partnership, granting a consent to divide and transfer business shares, or increasing or decreasing the registered capital), as well as the verification of the course of general meetings held by joint-stock companies (e.g. the change of the articles of association, increasing or decreasing the registered capital, the change of the form of stocks, or stock split or pool), the verification of the decision-making of the Board of a joint-stock company, the agreements made by the associates concerning changes in the articles of partnership, approving the agreements on the basis of which the company or its part is transferred onto another owner, or the company or its part is rented, the decision to close down and liquidate companies, the changes of companies (the change of the legal form, mergers, divisions, or transferring the capital onto the associate), etc. In case of all the afore-mentioned certification and verification acts performed by the notary, it is recommended that the notary enters in cooperation already when preparing the documents for taking the decision by the relevant legal entity bodies.

Having entered into agreement with a specific notary, it is possible that the notary provides related legal assistance, e.g. preparing the proposal for recording the company in the Companies Register of the draft proposal for recording the changes of the registered data in the Companies Register, preparing the articles of partnership or the articles of association, preparing the documents required by the Companies Register, or acting as a representative for the companies at the Companies Register Court or the Trade Licensing Office.

In the Czech Republic, notaries perform a notarial activity, provide legal assistance, perform property administration, and perform other activities for which they are entitled compensation the amount of which, as well as the manner in which it is established, is governed by the provisions of the Decree No. 196/2001 Coll., as amended. The amount of notary's remuneration shall be determined in accordance with the compensation rate per act or total of acts concerning the notary's activity determined by a fixed amount or as a percentage of a tariff rate, whereas the value of the subject of the act serves as the tariff value (e.g. the usual price of a thing, the price of transferred property, the amount of a claim, etc.). Due to a complex calculation of the compensation for the notary's activity, the potential applicants / clients are recommended to address their possible inquiries directly to the notary having the sufficient knowledge of the relevant language

Cooperatives

The establishment of a cooperative must be verified in the form of a notarial deed. This is also the case for any decisions on the change of its articles of association or the winding up of the cooperative. A notarial deed on the establishment of a cooperative contains the verification of any issues arising during meetings. Furthermore, the notary will draw up a notarial deed on the decision of the constitutive meeting approving the articles of association of the cooperative.

Pursuant to Czech law, a notary also verifies the first meeting of the assembly of a housing cooperative. Members approve the articles of association of the housing cooperative and vote for cooperative bodies.

In the Czech Republic, notaries perform a notarial activity, provide legal assistance, perform property administration, and perform other activities for which they are entitled compensation the amount of which, as well as the manner in which it is established, is governed by the provisions of the Decree No. 196/2001 Coll., as amended. The amount of notary's remuneration shall be determined in accordance with the compensation rate per act or total of acts concerning the notary's activity determined by a fixed amount or as a percentage of a tariff rate, whereas the value of the subject of the act serves as the tariff value (e.g. the usual price of a thing, the price of transferred property, the amount of a claim, etc.). Due to a complex calculation of the compensation for the notary's activity, the potential applicants / clients are recommended to address their possible inquiries directly to the notary having the sufficient knowledge of the relevant language.

Succession

The court entrusts a notary as a court commissioner to oversee inheritance proceedings. This is the only case where an individual is not able to choose his notary. For reasons of impartiality and objectivity, the court entrusts inheritance proceedings to notaries according to a predetermined schedule. The court usually commences proceedings without a petition and on the basis of a death certificate received from the registry office. At the beginning of the inheritance proceedings the notary contacts an heir, usually the person that arranged the funeral and is able to inform them what is necessary to do to oversee the settlement of the inheritance.

Succession is regulated by the Civil Code. An inheritance may be acquired pursuant to the law, based on a will or a combination of them both. A testamentary heir has priority over a legal heir, with the exception of the decease’s descendants (so-called “forced heirs”). The heirs of the deceased may inherit all or only part of their assets, but they also acquire any of the deceased’s outstanding debt to the sum of the value of these assets. An heir may chose to not accept the inheritance, however, in several cases the inheritance passes down to the descendants of the heir who rejected the inheritance, which is usually an unwanted consequence. The inheritance is usually settled in an agreement between the heirs which must be concluded before a notary. Up until the time of its conclusion an heir may express their desire to not receive any assets from the inheritance.

The Civil Code sets out four groups of heirs. The first group includes the deceased’s spouse or registered partner and children (or their descendants if there are none). Should there be no heirs in the first group the inheritance goes to persons in the second.

Should there be no will and no rightful heirs then the inheritance will go to the state.

Extracts from public administration's information systems

Extracts from the Property and Land Registry
The czech notaries can produce a verified copy of an extract from the Property and Land Registry, representing an extract from the land certificate concerning any property in the Czech Republic registered in the Property and Land Registry. Such verified extract serves as a public document, being equal to an extract issued by the Property and Land Registry.

Extracts from the Companies Register
They can also produce a verified copy of an extract from the Companies Register concerning any person registered at the Companies Register kept by any Companies Register Court in the Czech Republic. The verified extract may be issued as a valid (current) extract or full extract. Such verified extract serves as a public document, being equal to an extract issued by the relevant Companies Register Court. Furthermore, one can ask a notary to produce a verified copy of an extract from other registers kept by the register courts, i.e. the Register of Associates of Unit Owners, the Foundation Register of the Register of Non-Profit Organisations.

Extracts from the Criminal Records
A citizen of the Czech Republic or a foreigner with an assigned personal number may ask any notary to produce an extract from the Criminal Records. The person applying for the extract from the Criminal Records must submit a valid proof of identity. The extract may also by applied for by a proxy, provided they submit a power of attorney with an official verified signature of the donor (applicant). The extract from the Criminal Records issued by the notary serves as a public document, being equal to the extract issued by the Criminal Records Office. In some cases, the application for the extract from the Criminal Records cannot be processed electronically. In such case, the application may be sent to the Criminal Records, where it is processed manually within 30 minutes, being subsequently prepared for the electronic delivery to the point of contact. On condition that the applicant does not wish to wait, they may collect the manually processed extract at any Czech POINT office, or possibly they may submit their application directly to the relevant Criminal Records Office.

Extracts from the Trade Register
The czech notary can also produce a verified copy of an extract from the public section of the Trade Register concerning any person registered at the Trade Register in the Czech Republic. Such verified extract serves as a public document, being equal to an extract issued by the relevant Trade Licensing Office.

Extracts from Penalty Points Records kept at the Central Drivers' Registry
You may ask a notary to produce a verified copy of an extract from your Penalty Points Records kept at the Central Drivers' Register. The person applying for the extract must submit a valid proof of identity. The extract may also by applied for by a proxy, provided they submit a power of attorney with an official verified signature of the donor (applicant).

Extracts from the Directory of Qualified Suppliers kept at the Information System of Public Tenders
They can also produce a verified copy of an extract from the Directory of Qualified Suppliers kept at the Information System of Public Tenders. Using the extract from the Directory of Qualified Suppliers, the contractor may, within the public tender specification proceedings, replace the documents serving as evidence of fulfilling the basic and professional qualification criteria. The ordering party is obliged to recognise the extract provided that it is not older than three months.

Extracts from the Insolvency Register
One can also ask a notary to produce a verified copy of an extract from the Insolvency Register. The Insolvency Register is administered by the Ministry of Justice of the Czech Republic. The register may be searched through using either a company's registration number (searching for an organisation) or personal data (a specific person). The Insolvency Register is an information system of the public administration. Its principal task is to guarantee a maximum degree of publicity concerning insolvency proceedings, thus making it possible to follow their course. All relevant information concerning the assignees in bankruptcy, documents taken from the bankruptcy files, as well as information prescribed by law and concerning the debtors, is published through the Insolvency Register.

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