Notarial Deed

Definition

Basic Definition

A notarial deed is a document prepared by a notary according to the Federal Notarial Code, serving as a public evidence instrument with full probative and enforceable power in legal transactions.

Detailed Explanation

In Germany, a notarial deed is the strongest evidence in legal transactions. It is prepared by a notary following the provisions of the Federal Notarial Code, personally signed, and entered as a public document in the register of deeds. Typical examples include articles of association or statutes of a GmbH, founding protocol, purchase and transfer agreement of GmbH shares, minutes of a shareholders' meeting, or a real estate purchase agreement. Through notarial certification, the document gains full probative and enforceable power, offers the highest legal security, and protects parties from formal defects. The notary permanently retains the original or archives it electronically, while copies and certified duplicates serve as proof at the commercial register, land registry, or with banks. In commercial, association, or partnership registers, notarial deeds are filed or their essential content is recorded, such as in the case of amendments to statutes or capital increases. Thanks to neutral legal advice, identity verification, and explanation of declarations, the notary prevents disputes and ensures the effectiveness of every legal transaction. Anyone looking to start a business, transfer shares, or amend statutes cannot bypass the notarial deed. Get informed early to have your notarial deed professionally prepared.

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