Notaries in Netherlands

Dutch notaries (notaris) are civil law notaries, which means that they are fully qualified legal professionals and thus entirely distinct from the profession of notary public in the United States, United Kingdom and other common law countries.

There are about 3285 notaries in Netherlands, which are spread geographically throughout 494 cities on the Dutch territory.

In the Netherands, the notary or junior notary (kandidaat-notaris) is an independent official which records such agreements between parties.

Notaries and junior notaries have both obtained a degree in notarial law from a Dutch university. However, notaries have been appointed to their office and thus have the power to sign notarial acts and to own their own practice. A junior notary is not necessarily a person training to become a notary. A junior notary may also choose to continue working under a notary and thus retain his existing junior capacity.

Anyone wishing to be appointed to the office of notary must fulfil the requirements laid down by law. The main requirements are that he has:

• dutch nationality;
• obtained a university degree in notarial law;
• gained at least six years’ practical experience as a junior notary at one or more notarial offices;
• completed the notarial professional training course;
• a business plan that meets the prescribed requirements. 

A notary or junior notary makes agreements and declarations legally valid by recording them in a notarial act. By virtue of the notary’s involvement clients are assured that all their affairs, including additional matters, are properly regulated.

Drawing up notarial acts

The most important task of notaries and junior notaries is to record agreements in notarial acts, to keep the acts and to issue copies of them to the persons concerned.

Updating registers

However, drawing up a notarial act is not the end of the matter for the notary or junior notary. He must also take responsibility for the activities that result directly or indirectly from the execution of the act. For example, he must arrange for the updating of the registers of immovable property, marriage contracts, public and private companies, foundations and cooperatives.

Providing advice

Dutch notaries and junior notaries are also legal advisers. They preside over the discussions that precede the signing of a notarial act. In doing so, they weigh the interests of all concerned and seek to strike a balance in the advice they give.