Notaries in Germany

The main function of a notary in Germany is in contracting agreements in specialized areas of property law, deeds and conveyances, successions, family and corporate law.

German notaries have an education equivalent to other law professionals (judges, lawyers etc.) and they are independent holders of a public office. Unlike for example in the US, they are highly qualified lawyers. Access to the notary's profession is restricted by law to guarantee the notaries' high qualification and independence. In the Palatia region (including the areas of Landstuhl, Ramstein and Kaiserslautern) there are only full-time professional notaries. The number of notaries here is about 55. German notaries are appointed by their state, authenticate and attest instruments and provide independent and impartial advice to the parties.

Anyone wishing to become a notary must first have successfully passed both state law examinations. Only the very best candidates of these exams get the chance of being appointed. Appointments are made by the department of justice. In preparation of the responsible activity as a full-time professional notary, the legislator stipulates a standard three-year period of service as a notary candidate. During this time, the candidates are extensively prepared for their future work as notaries. After the three-year period, the candidates can apply for being appointed as a notary. As the number of notaries is limited, they would only be appointed if another notary retires from his profession. It is not possible to just open an office anywhere.

Many notaries have worked as an attorney or a judge before. In so far the notary here has nearly nothing in common with the „notary public“ of the Anglo-American legal system. And unlike for example an attorney, the notary's legal duty of strict impartiality is always at the centre of his activity.

Depending on the state, German notaries practice either exclusively as a notary (Nur-Notar) or dually as a notary-attorney (Anwaltsnotar).

In most parts of Germany, notaries maintain private practices and do not generally work for the State except in Baden-Württemberg where government notaries (Beamtennotar) are regularly staffed in State agencies and offices. Notaries have generally statewide jurisdiction, though in Württemberg, notaries are district notaries (Bezirksnotar) confined to special notarial districts.

German notaries prepare acts according to federal law and provide legal advice regarding contracts and obligations. The notary is required by law to read over aloud the act to the parties who then sign with the notary. The notary affixes his official notarial seal on the act to give it probative form. They can perform many of the functions performed by attorneys in the United States. For example, foreign notaries frequently draft instruments, wills, and conveyances. The german notary is an official, appointed by the Ministry of Justice, whose functions include not only the preparation of documents, but the administration and settlement of estates. Such notaries may serve as repositories for wills and are empowered to serve legal documents. They are not lawyers, but are very specialized members of the legal profession. They may not plead cases in court.

In Germany, notaries are very important in day-to-day business. For example, all conveyances of real estate must be signed and sealed at the office of a civil-law notary pursuant to s. 311(b) of the German Civil Code (Bürgerliches Gesetzbuch or BGB). Likewise, the assignment of shares in a German limited liability company (Gesellschaft mit beschränkter Haftung or GmbH) must be notarised under s. 15-3 of the Limited Liability Companies Act (GmbHG).