Notary Insurance Fund

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Notary Insurance Fund
legal form Special purpose assets under public law
founding 09/01/1981
Seat Cologne , Germany
management Anja Mayer (full-time managing director), Enno Poppen (honorary managing director), Wolfgang Reetz (honorary managing director)
Branch Investment company
Website [1]

The notary insurance fund , an institution of the German chambers of notaries, is maintained by the 21 German chambers of notaries on the basis of Section 67 (4) No. 4 BNotO . The fund assets are special assets of the chambers of notaries raised by contributions and earmarked (non-legally capable special-purpose assets under public law). Until June 22nd, 2009 the notary insurance fund was called the trust fund of the chambers of notaries.

tasks

The notary insurance fund has the task of providing benefits without any legal obligation in the event of damage resulting from deliberate acts by notaries , notary administrators and notary representatives who are appointed in the area of ​​a notary chamber involved, if there is fidelity damage that is not covered by insurance in another way, for example, and after it a service appears appropriate for its intended purpose in individual cases.

Since its establishment on September 1, 1981 (see under “History”), the chambers of notaries have also assigned a number of other tasks to the notary insurance fund, so that it has developed into an insurance control center for the notary profession. Currently the notary insurance fund u. a. the following additional tasks:

  • The promotion, coordination and supplementation of the fidelity protection of the chambers of notaries.
  • Advising the chambers of notaries on insurance matters. In agreement with the chambers of notaries, the notary insurance fund can oversee their insurance, process insurance cases and safeguard the insurance contract interests of the chambers of notaries. He accompanies z. B. Tenders for insurance contracts.
  • Supervision of the property damage liability insurance contract that the Land Notarial Fund maintains as a group contract for the notaries in the districts of the notaries' chambers in Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia. For this purpose, the Notary Insurance Fund processes all claims caused after September 1, 2007 and carries out statistical evaluations.
  • The observation and supervision of the group insurance, which is maintained by the chambers of notaries to supplement the property damage liability insurance.
  • The support of the chambers of notaries in the prevention of cases of damage in the liability and fidelity damage area.

organs

The bodies of the notary insurance fund are:

  • The fund meeting . All 21 German chambers of notaries are represented in it. It meets once a year for an ordinary meeting and is responsible for the fundamental decisions.
  • The board of directors . It consists of five voluntary notaries and decides u. a. on the regulation of fidelity. The members of the Board of Directors, of which at least two must be full-time notaries and at least two notaries attorneys, are elected by the fund assembly for a four-year term.
  • The management . It consists of three managing directors, at least one of whom should work full-time; the rest are volunteers. Only someone who has been appointed as a notary or who can be appointed as a permanent representative of a notary can be an honorary managing director. The notary insurance fund is represented externally by two managing directors.

System of fidelity provision

As a central institution, the notarial insurance fund bundles the system of notarial fidelity provision, which consists of three elements: the fidelity insurance of the chambers of notaries, the excedent insurance of the notarial insurance fund and the fund itself. Fidelity damage occurs when a notary deliberately acts against a third party in the course of his professional activity Inflicts financial loss, which he is obliged to compensate according to the provisions on tort. The notary must knowingly and willingly (with dolus directus) have violated his official duties. The prerequisite is that the notary was aware of his official duty and has deliberately deviated from it, without the intent that inflicting the damage must be included. In contrast, the liability insurer is responsible for negligent or deliberate breaches of duty.

The fidelity insurance , the notary chambers replace losses from notarial duty injuries as knowingly caused by the liability insurance does not cover and can not be insured by the notary himself.

The notary insurance fund can provide benefits to top up the maximum benefit from fidelity insurance . In addition, he has also taken out fidelity insurance , the so-called " Excedentenversicherung ", the conditions of which largely correspond to the conditions in the insurance of the chambers of notaries. Internally, this insurance serves as reinsurance for the fund assets. In external relations, it increases the volume of cover by increasing the number of insured claims and not the maximum benefit from fidelity insurance. Therefore, it is not an exemption insurance in the strict sense.

As a co- insurer, the NotarVVaG (NotarVVaG) participates in the fidelity insurance of the chambers of notaries and in the excedent insurance as the notary's own insurer. Members of the NotarVVaG are the chambers of notaries that do not belong to a notary fund, the notary funds and the notary insurance fund.

For all regulatory options in the area of ​​fidelity damage, the notary himself must first be called upon, who should not be exonerated from the consequences of a deliberate breach of official duty. Other replacement options must be exhausted before a service can be provided from fidelity prevention funds. In contrast to the fidelity insurance of the chambers of notaries, the injured party has no legal claim to benefits from the notary insurance fund and its excedent insurance.

Central position of the notary insurance fund

The notary insurance fund has a central position for the fidelity loss provision of notaries in Germany - as in general for insurance law issues of the notaries' chambers. The chambers of notaries have entrusted the processing of claims reports for their fidelity insurance to the notary insurance fund as the central institution. The examination of every reported incident in which a notary in Germany is accused of causing fidelity damage by the notary insurance fund ensures that the claims are treated equally. In addition, the competence pooled in the notary insurance fund also serves to exercise the various regulatory options for fidelity provision effectively and without loss of coordination.

The processing of claims by the notary insurance fund ranges from clarifying the facts to any necessary regulatory negotiations and the regulatory decision to processing the regulatory payment. To clarify the facts, the Notary Insurance Fund obtains information from the Chamber of Notaries, the notarial administrator, the parties involved, the courts and authorities.

The board of directors of the notary insurance fund decides on a regulation from the fidelity insurance of the notaries 'association in agreement with the notaries' association and submits a proposal to the insurer. The notary insurance fund alone decides on the use of its own resources. Due to the competence of the board of directors, experienced notaries bring their professional competence and knowledge of notarial practice to the decision.

In the event of a regulatory decision, the notary insurance fund also takes on the further processing. After the injured party has assigned claims for compensation against the notary and other parties involved in the amount of the settlement amount and the parties involved have signed the severance payment declarations required for the settlement, the notary insurance fund arranges for the settlement funds to be paid out by the insurer or from its assets.

In the liability area, the notary insurance fund supports the chambers of notaries and their members in the prevention of more frequent causes of damage, which it has become aware of through the bundled processing of claims for the group liability insurance contract of the state notary's office.

History of the pension system

After the First Act on the Amendment of the Federal Notarial Regulations (BNotO) of August 7, 1981, the chambers of notaries had to maintain fidelity insurance as a compulsory task, all chambers of notaries in the Federal Republic of Germany agreed on September 1, 1981 to set up and maintain a fidelity fund to cover fidelity insurance for the chambers of notaries to complete. This was the first time that members of a profession raised funds to cover damage caused by the willful action of a member of the profession. The fund's assets initially amounted to DM 7 million. The fund provided assistance to private individuals in the event of fidelity damage in cases of hardship, if the cover from the fidelity insurance of the Chamber of Notaries was exhausted.

Credit institutions were not included as beneficiaries, although they were more often identified as victims. The chambers of notaries therefore agreed on December 12, 1987, with retroactive effect from January 1, 1987, to amend the fund statute in order to expand the group of beneficiaries. The desired increase in fund assets to DM 25 million had to be raised in several stages. At the same time, the statute stipulated a minimum asset of DM 15 million.

On January 1, 1991, the five chambers of notaries formed in the new federal states joined the notary insurance fund. At the same time, the chambers of notaries agreed to gradually increase the fund's maximum assets to DM 30 million and the minimum assets to DM 20 million. On June 5, 2000, the chambers of notaries lifted the maximum limit of DM 30 million and only set a minimum amount of assets, which since January 1, 2002 has been set at € 10.3 million.

On September 1, 2007, the notary insurance fund took over the management of the group liability insurance contract of the state notarial institution for the notaries in the districts of the notaries' chambers in Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia.

On November 3, 2011, the chambers and funds of notaries founded the NotarVVaG (NotarVVaG) based in Cologne as a state-owned insurer on the basis of Section 67, Paragraph 4, No. 3 BNotO and Section 113, Paragraph 4, No. 2 BNotO. The establishment took place u. a. to take precautions in the event that insurers withdraw from the narrow market of compulsory fidelity insurance. The notary insurance fund is a member of the NotarVVaG and takes on administrative activities for it.

Web links

Individual evidence

  1. ↑ Art. 1, Section 1, Paragraph 2 of the Status.
  2. ↑ Art. 1, Paragraph 2, Paragraph 4 of the Statute.
  3. ↑ a b Art. 1, Section 2, Paragraph 1 of the Statute.
  4. ↑ Art. 1 § 2 Paragraph 2 lit. b of the Statute.
  5. ↑ Art. 1 § 6 Abs. 2 of the Statute.
  6. ↑ Art. 1 § 7 of the statute.
  7. ↑ Art. 1, Paragraph 9, Paragraph 2 of the Statute.
  8. ↑ Art. 1, Section 11, Paragraph 1 of the Statute.
  9. ↑ Insurance for the Bavarian State Chamber of Notaries and the Palatinate Chamber of Notaries is maintained by the Notarkasse München and for the Notaries Associations Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia by the Landesotarkasse Leipzig; see. Zimmermann in: Würzburger Notar Handbuch, r4 ed., Part 1, Chapter 5, No. 282.
  10. ↑ BGH DNotZ 1963, 574 f.
  11. ↑ Zimmermann in: Würzburger Notar Handbuch, 4th ed. Part 1, Chapter 5, No. 282.
  12. ↑ On the basis of Art. 1 § 2 Para. 2 lit. c of its statute.
  13. ↑ Zimmermann in: Würzburger Notar Handbuch, 4th ed., Part 1, Chapter 5, No. 288.
  14. ↑ Zimmermann in: Würzburger Notar Handbuch, 4th ed., Part 1, Chapter 5, No. 291.
  15. ↑ In cases of fidelity .
  16. ↑ Zimmermann in: Würzburger Notar Handbuch, 4th ed., Part 1, Chapter 5, No. 282; Bresgen, Schleswig-Holstein advertisements, 2007, 233, 234.
  17. ↑ Zimmermann in: Würzburger Notar Handbuch, 4th ed., Part 1, Chapter 5, No. 292.