Notarization Act
The Notarization Act (BeurkG) is a German law that regulates public notarizations and custody by the appointed notary .
| Basic data | |
|---|---|
| Title: | Notarization Act |
| Abbreviation: | BeurkG |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Administration of justice |
| References : | 303-13 |
| Issued on: | August 28, 1969 ( Federal Law Gazette I p. 1513 ) |
| Entry into force on: | January 1, 1970 |
| Last change by: |
Art. 13 G of November 30, 2019 ( Federal Law Gazette I, p. 1942, 1946 ) |
| Effective date of the last change: |
January 1, 2022 (Art. 16 G of November 30, 2019) |
| GESTA : | C076 |
| Please note the note on the applicable legal version. | |
In principle, the Notarization Act includes the proper establishment of a deed . The notary is required to draw up the deed in German. He has to make sure that those involved have appeared and have identified their identity. The transcript of the document is to be read out in the presence of the parties involved and then approved by them and signed by hand. If the certificate contains maps, illustrations and / or drawings, these must be presented to the parties involved ( Section 13, Paragraph 1). If the notary cannot continue the lecture for large documents due to physical problems, a secretary or a similar assistant may continue reading. With regard to the reading time, it must be taken into account that a maximum of 30 pages of the certificate can be read per hour.
With regard to the facts, the notary must research the will of the parties involved. The notary should therefore z. B. Provide access to the land register when real estate transactions are carried out. He has to check whether the business complies with the legal system (“the law”) or whether there are any deficiencies in the declarations of intent made by those involved .
Within narrow limits, the notary may also take custody . For this purpose, he maintains a so-called notarial trust account . The income from the notary escrow account flows to the depositor. The notary may not dispose of the money for his own benefit.
In addition, the law regulates certification by the notary and specifies special reasons for ineffectiveness ( § 6 , § 7 BeurkG). The law also applies to the notarizations of other notary persons , e.g. B. the notifying person of the youth welfare office ( § 59 SGB-VIII ) or the care authority ( § 6 BtBG ).
The remuneration of a notary is based on § 17 BNotO and the GNotKG .
literature
- Klaus Lerch: Notarization Act. Commentary , 4th edition, Cologne 2011, Verlag Otto Schmidt, ISBN 978-3-504-06257-6
Web links
Individual evidence
- ^ Alfons Kaiser, Up to the limits of hoarseness - contracts must be read out for authentication - for days if necessary, in: Frankfurter Allgemeine Zeitung of October 16, 2009
