Assessment Law

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BeurkG

Date of completion: 28.08.1969

Full quote:

" Beurkundungsgesetz vom 28. August 1969 (BGBl. I p. 1513), most recently by Article 5 of the Law of 29 June 2015 (BGBl. 1042).

Status:

Last amended by Art. 5 G v. 29.6.2015 I 1042

For more details, please refer to the menu under Notes

Footnote

(+ + + Proof of text validity from: 1. 1.1977 + + +) 

  

First section
General provisions

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§ 1 Scope

(1) This Act shall apply to public records and custody by the notary. (2) As far as other documents or other documents are responsible for public assessments in addition to the notary, the provisions of this Act shall apply. with the exception of Section 5 (2). Unofficial table of contents

§ 2 Crossing the district

An assessment shall not be ineffective because the notary has made it outside his/her district or outside the country in which he is appointed to the notary. Unofficial table of contents

§ 3 Prohibition of participation as notary

(1) A notary shall not take part in an assessment if it is concerned

1.

own affairs, even if the notary is only entitled or co-committed,

2.

matters of his or her spouse, former spouses or their fiancée,

2a.

matters of his or her life partner, former life partner or fiancé in accordance with the Life Partnership Act,

3.

matters of a person who is related to the notary in a straight line, or who is in the side line up to the third grade, or has been, or has been, until the second degree,

4.

matters relating to a person with which the notary is connected for the purposes of a joint professional practice or with which he has common premises,

5.

matters of a person whose legal representative is the notary or a person within the meaning of point 4;

6.

matters of a person whose representative body is a member of the notary or of a person referred to in paragraph 4,

7.

Matters of a person for which the notary, a person within the meaning of point 4, or a person associated with it in the meaning of point 4 or in a related undertaking (Section 15 of the German Stock Corporation Act), outside an office of office in the same person the matter has already been or is already active, unless this activity has been carried out on behalf of all persons who are to be involved in the assessment,

8.

matters of a person who has authorized the notary in the same matter, or to which the notary or a person referred to in point 4 is in a permanent service or similar permanent relationship, or

9.

Matters of a company in which the notary is involved with more than five of the hundred of the voting rights or with a proportionate amount of the share capital of more than 2,500 euros.

The notary has to ask for a pre-order within the meaning of point 7 and to note the reply in the document. (2) If it is a matter of several persons and the notary is earlier in this matter than If he/she has been acting as a legal representative or an authorised representative, or if he/she is acting as an authorized representative for any of these persons, he shall draw attention to this prior to the assessment and ask whether he is to carry out the assessment on the same basis. In the document, it should be noted that this has been done. (3) Paragraph 2 shall apply mutatily if it is concerned.

1.

matters relating to a person whose non-representative body is a member of the notary,

2.

the affairs of a congregation or a county whose organ is a member of the notary,

3.

Affairs of a community of religion or belief, recognised as a body of public law, or of a partial organisation recognised as a body of public law, of such a community, the institution of which shall be the institution of the notary is heard.

In the cases referred to in points 2 and 3, paragraph 1 (6) shall not apply. Unofficial table of contents

§ 4 Rejection of the assessment

The notary is to refuse to give an assessment if it is not compatible with his duties, in particular if his participation is required in the case of acts with which discernible or unreputable purposes can be traced. Unofficial table of contents

§ 5 The language of the first language

(1) Urals shall be established in the German language. (2) The notary may, on request, also establish documents in another language. It shall only correspond to the demand if it is sufficiently familiar to the foreign language.

Second section
Assessment of Willenserdeclarations

1.
Notary's exclusive

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§ 6 exclusion grounds

(1) The assessment of declarations of intent shall be ineffective if:

1.

the notary himself,

2.

his spouse,

2a.

his life partner,

3.

a person who has been or has been in a straight line with him or

4.

a representative acting for one of the persons referred to in points 1 to 3,

is involved in the assessment. (2) In the course of the assessment, the published statements, whose statements made in their own or foreign names are to be assessed, are involved. Unofficial table of contents

§ 7 Judgments in favour of the notary or his relatives

The assessment of declarations of intent shall be ineffective in so far as they are aimed at:

1.

the notary,

2.

his spouse or former spouse,

2a.

his life partner or former life partner, or

3.

a person who is related to him in a straight line, or who is related to his or her side line to a third degree, or is, or has been, until the second grade,

to obtain a legal advantage.

2.
Niederschrift

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§ 8 Principle

In the case of the assessment of declarations of intent, a transcript of the proceedings must be recorded. Unofficial table of contents

§ 9 Content of the minutes

(1) The transcript must contain

1.

the name of the notary and of the parties, and

2.

the declarations of the parties concerned.

Declarations in a document referred to in the minutes and appended thereto shall be deemed to be contained in the minutes of the minutes. Sentence 2 shall apply mutatily if the parties make statements by using cards, drawings or illustrations. (2) The minutes shall contain the place and day of the trial. Unofficial table of contents

Section 10 Determination of the parties concerned

(1) In the minutes the person of the parties shall be described in such a precise manner that doubts and confusion are excluded. (2) The purpose of the transcript is to determine whether the notary knows the parties involved or how he/she knows how to deal with the person concerned. Person. If the notary cannot obtain this certainty, however, the record of the writing shall nevertheless be required, the notary shall indicate this in the minutes, under the guidance of the facts. Unofficial table of contents

§ 11 statements on the business capacity

(1) If a party is satisfied with the conviction of the notary the necessary business capacity, the assessment shall be rejected. Doubts about the necessary business capacity of a person concerned shall be determined by the notary in the minutes. (2) If a party is seriously ill, this shall be recorded in the minutes and indicated which findings of the notary are to be recorded in the minutes. has been able to make business. Unofficial table of contents

§ 12 evidence of the right of representation

Full powers and documents concerning the authorization of a legal representative shall be accompanied by a copy of the document or in certified copy. If the right of representation is obtained from an entry in the commercial register or in a similar register, the certificate of a notary according to § 21 of the Bundesnotarordnung (Bundesnotarordnung) is sufficient. Unofficial table of contents

§ 13 Reading, approving, underwriting

(1) In the presence of the notary, the minutes must be read to the parties, approved by them and signed by them; to the extent that the minutes refer to maps, drawings or illustrations, they must be replaced by the person concerned. The lecture will be presented for review. It should be noted in the minutes that this has been done. If the parties have signed the minutes on their own hand, it shall be presumed that they are read in the presence of the notary or, to the extent required by the first sentence, submitted for review and approved by the parties concerned. The minutes shall also be presented to the parties at the request of the party prior to the authorisation. (2) If a number of copies are recorded which are in whole or in part, it is sufficient if the content of the documents is identical to that of the parties. Read the first sentence of the first sentence of paragraph 1, or be presented for review instead of the lecture. § 18 of the Bundesnotarordnung (Bundesnotarordnung) remains unaffected. (3) The writing must be signed by the notary on its own hand. The notary shall attach his name to the signature. Unofficial table of contents

§ 13a Restricted Joining-and Lecture

(1) Where reference is made in the minutes to another notarial record set up in accordance with the rules on the assessment of declarations of intent, it shall not be read in advance if the parties declare that: the content of the other transcript is known to them, and they refrain from reading the reading. This is to be stated in the minutes. The notary shall only be certified if the person concerned has received the other transcript at least in a certified copy during the assessment. Sentences 1 to 3 shall apply mutas to the presentation of the presentation instead of the lecture of maps, drawings or illustrations. (2) The other transcript does not need to be accompanied by the minutes, if the parties do not have to do so. It is to be noted in the minutes that the parties have waived the apportion. (3) If the other transcript can be viewed at the notary or any other place in good time before the appraisal, the notary shall do so. If the other minutes are to be communicated to the notary, it shall be communicated to the person concerned upon request. Without prejudice to § 17, the notary shall also lecture the parties on the meaning of the reference to the other transcript. (4) Reference shall be made in the minutes to maps or drawings made by a public authority within the limits of the limits of the document. of their powers, or of a person provided with public faith, within the business district assigned to it, have been signed and stamped or stamped, paragraphs 1 to 3 shall apply accordingly. Unofficial table of contents

§ 14 Restricted Lecture

(1) Where balance sheets, inventories, inventories or other inventories relating to property, rights and legal relationships are included in a document referred to in the minutes and annexed to it, it shall not be necessary to: shall be read out if the parties abstain from the reading. The same shall apply to declarations included in the purchase of a mortgage, the basic debt, the pension debt, the ship's mortgage or a right of registration of aircraft, and not in the land register, the register of ships, the ship's register of ships or the Register of Pfandrights to aircraft must be given. A declaration to submit to the immediate enforcement shall be included in the minutes itself. (2) If, in accordance with paragraph 1, the annexed document is not read, it shall be submitted for information to the parties and shall be submitted to the to be signed by them; if the document consists of several pages, each page shall be signed by them. § 17 remains unaffected. (3) In the minutes it must be noted that the parties have waived the reading; it is to be noted that the attached document has been submitted to them for information. Unofficial table of contents

§ 15 Auctions

In the case of an auction of auctions, only tenderers are considered to be involved, who remain bound by their bid. If such a tenderer is removed before the conclusion of the trial, Section 13 (1) shall not apply in so far as it is stated in the minutes that the tenderer has removed himself before the conclusion of the trial. Unofficial table of contents

§ 16 Translation of the transcript

(1) If a participant is not sufficiently familiar according to his or her information or the conviction of the notary of the German language or, if the transcript is recorded in a language other than the German language, that language shall be used in the (2) A transcript containing such a statement must be translated instead of the lecture to the person concerned. If the person concerned asks for it, the translation shall also be made in writing and submitted to him for review; the translation shall be accompanied by the minutes. The notary should point out to the parties that he/she can request a written translation. These facts are to be found in the minutes. (3) For the translation, if the notary does not translate himself, an interpreter has to be given. The interpreters are subject to § § 6, 7. If the interpreter is not generally sworn in, the notary shall insult him, unless all the parties concerned do without it. These facts are to be found in the minutes. The transcript is also to be signed by the interpreter.

3.
Audit and duty obligations

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§ 17 Principle

(1) The notary shall investigate the will of the parties concerned, clarify the facts, lecture the parties concerned on the legal scope of the business and render their declarations clearly and unambiguously in the minutes. In doing so, it should ensure that errors and doubts are avoided and that inexperienced and inexperienced participants are not disadvantaged. (2) If there are doubts as to whether the business corresponds to the law or to the true will of the parties involved, the Concerns will be discussed with stakeholders. If the notary doubts the effectiveness of the business and if the parties concerned insist on the certification, he shall note the instruction and the statements made to it by the parties in the minutes. (2a) The notary shall be responsible for the Make the assessment procedure so as to ensure compliance with the obligations referred to in paragraphs 1 and 2. In the case of consumer contracts, the notary shall act to ensure that:

1.

the consumer's legal statements are made before the notary by the consumer, or by a confidant, and

2.

the consumer is given sufficient opportunity to deal with the subject of the assessment in advance; in the case of consumer contracts which are subject to the obligation of certification pursuant to Article 311b (1) sentence 1 and paragraph 3 of the Civil Code, shall be made available to the consumer of the intended text of the legal transaction by the notarized notary or a notary with which the notarized notary is connected for the purpose of a joint professional exercise. This should normally take place two weeks prior to the assessment. If this time limit is not reached, the reasons for this shall be stated in the minutes.

Further official duties of the notary shall remain unaffected. (3) If foreign law is applied or doubts exist, the notary shall inform the parties concerned and note this in the minutes. He is not obliged to provide information on the content of foreign legal systems. Unofficial table of contents

Section 18 Approval requirements

The notary shall draw attention to the necessary judicial or administrative authorisations or confirmations or, for instance, doubts as to whether there is any doubt in the minutes, and note this in the minutes. Unofficial table of contents

Section 19 Unobjectivity certificate

If, under the basic advertising tax law, an entry in the land register may not be made until the financial office's certificate of safety has been issued, the notary shall draw the attention of the parties to it and note this in the minutes of the minutes. Unofficial table of contents

Section 20 Legal right of pre-emption

If the notary is informed of the sale of a property, he shall, if a statutory right of pre-emption could be considered, point out to it and note this in the minutes of the publication. Unofficial table of contents

§ 20a The precautionary

If the notary is informed of a precautionary principle, he shall refer to the possibility of registering with the Central Precautionary Register. Unofficial table of contents

§ 21 Basic Book View, Letter

(1) In the case of transactions relating to the rights registered or to be registered in the land register, the notary shall inform itself of the basic contents of the property. Otherwise, he shall only judge if the participants insist on an immediate assessment despite the information about the risks involved; this should be noted in the minutes. (2) In the case of assignment or burdening of a letter of mail order, the the notary notice in the minutes, whether the letter has been located.

4.
Participation of disabled persons

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§ 22 Hearing disabled, language-impaired and visually impaired participants

(1) In the event that a party does not sufficiently listen, speak or view, according to his or her disclosures or the conviction of the notary, a witness or a second notary shall be drawn to the assessment unless all the parties concerned are to do without. At the request of an auditor or non-verbal person, the notary is to be accompanied by a sign language interpreter. These facts are to be stated in the minutes. (2) The minutes shall also be signed by the witness or the second notary. Unofficial table of contents

Section 23 Special features for people with hearing disabilities

A minutes, in which it is established in accordance with Article 22 (1) that a party is not able to hear sufficiently, must be presented to that party for review in lieu of the lecture; in the minutes it should be noted that this is , If the person concerned has signed the minutes on his own hand, it shall be presumed that it has been submitted to him for review and has been approved by him. Unofficial table of contents

§ 24 Special features for the hearing and speech-impaired participants, with which a written communication is not possible

(1) In the event that a participant fails to hear or speak with sufficient information or to speak in writing, according to his or her disclosures or the conviction of the notary, the notary shall establish this in the minutes. Where such a determination is made in the minutes, a person who is able to communicate with the disabled person concerned and whose confiscation he/she is convinced shall be assigned to the person with whom he/she is convinced shall be assigned to the person concerned. In the minutes, it should be noted that this has happened. If the notary doubts the possibility of understanding between the person who has been allotted and the person involved, he shall note this in the minutes. The minutes shall also be signed by the person who has been assigned. (2) The assessment of declarations of intent is ineffective in so far as they are aimed at a legal advantage to the person referred to in paragraph 1. (3) The requirement to grant a witness or a second notary pursuant to § 22 shall remain unaffected. Unofficial table of contents

§ 25 Write-incapable

If, according to his or her information or according to the conviction of the notary, a participant is unable to write his name, a witness or a second notary must be granted a witness or a second notary if he or she does not already have a witness in accordance with § 22. a second notary has been granted. These facts are to be found in the minutes. The transcript must be signed by the witness or the second notary. Unofficial table of contents

§ 26 Prohibition of participation as witness or second notary

(1) As a witness or a second notary shall not be given in the case of the assessment of who

1.

is themselves involved or represented by a participant,

2.

obtained a legal advantage from a declaration of intent to be assessed,

3.

married to the notary,

3a.

with him a life partnership, or

4.

is or has been related to it in a straight line.

(2) In addition, the witness should not be given as a witness during the assessment of who

1.

to the notary in a constant service relationship,

2.

is underage,

3.

is insane or insane,

4.

is not able to hear, speak or to see enough,

5.

cannot write or

6.

the German language is not sufficiently familiar; this does not apply in the case of § 5 (2), if the witness of the language of the transcript is sufficiently well-informed.

5.
Special features for dispositions of death

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Section 27 Beneficiaries

§ § 7, 16 para. 3 sentence 2, § 24 para. 2, § 26 paragraph 1 no. 2 shall apply accordingly to persons who are appointed in a disposition of death because of suspicion or are appointed to the executor of the executor. Unofficial table of contents

Section 28 findings on business capacity

The notary is said to note his perceptions about the necessary business ability of the deceased in the minutes. Unofficial table of contents

§ 29 Witnesses, second notary

At the request of the parties, the notary shall, during the appraisal, draw up to two witnesses or a second notary, and note this in the minutes. The transcript shall also be signed by these persons. Unofficial table of contents

§ 30 Submission of a Scripture

If a disposition of death is established on account of the handing over of a writing, the transcript must also contain the determination that the writing has been handed over. The font should be marked in such a way that a confusion is excluded. In the minutes, it is to be noted whether the writing has been handed over open or closed. The notary shall take note of the contents of a document which has been openly passed, provided that he is sufficiently familiar with the language in which the writing is written; § 17 shall be applied. The writing shall be attached to the transcript; a reading of the writing shall not be required. Unofficial table of contents

Section 31

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§ 32 Language inunendy

If a deceased person who declares his last will to the notary, the language in which the minutes are recorded, is not sufficiently knowledgeable and it is found in the minutes, a written translation must be made. , which shall be annexed to the minutes. The deceased may dispense with this; the renunciation must be determined in the minutes. Unofficial table of contents

§ 33 Special features in the contract of inheritance

In the case of an inheritance agreement, § § 30 and 32 shall also apply in accordance with the declaration of the other contracting party. Unofficial table of contents

Section 34 Closure, custody

(1) The inscription on the establishment of a testament shall take the notary in an envelope and close it with the seal. The cover shall also be used in the cover of the documents attached in accordance with § § 30 and 32. On the envelope, the notary shall refer to the deceased person's deceased person and indicate when the will has been established; this inscription shall be signed by the notary. The notary shall arrange for the will to be brought into special official custody without delay. (2) In conclusion of an inheritance agreement, paragraph 1 shall apply in accordance with the provisions of paragraph 1, unless the contracting parties are responsible for the special official safekeeping. This is in doubt to be assumed if the contract of inheritance is connected with another contract in the same document. (3) If the parties have excluded the special official custody in the case of a contract of inheritance, the certificate shall remain in the Preservation of the notary. Unofficial table of contents

Section 34a-Part-time and delivery obligations

(1) The notary shall, after the establishment of a certificate relevant to the succession within the meaning of the first sentence of Article 78b (2) of the Bundesnotarordnung (Bundesnotarordnung-Bundesnotarordnung-Bundesnotarordnung-Bundesnotarordnung-Bundesnotarordnung-Bundesnotarordnung-Bundesnotarordnung-Bundesnotarordnung), transmit without delay the Central wills register leading register authority. The obligation to notify in accordance with the first sentence also exists in the event of any assessment of changes to a succession-relevant document. (2) If a contract of succession is included in the notarial safekeeping agreement in accordance with § 2300 (2), § 2256 (1) of the Civil Code (3) If an inheritance contract is in the custody of the notary, the notary shall return him to the estate court after the inheritance has been entered into the custody of which he shall remain after the inheritance. If any other document contains explanations according to which the succession can be changed, the notary shall inform the succession court of the statements of the succession in certified copy after the inheritance has been entered into. Unofficial table of contents

Section 35 Minutes without the signature of the notary

If the notary has not signed the minutes relating to the establishment of a disposition of death on account of death, the certification shall not, for this reason, be ineffective if he has signed the inscription on the sealed envelope.

Third Section
Other assessments

1.
Niederschriften

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§ 36 Principle

In the case of the certification of other statements as declarations of intent and other facts or events, a record must be recorded, unless otherwise specified in § 39. Unofficial table of contents

Section 37 Contents of the minutes

(1) The transcript must contain
1. the name of the notary and
2. the report on his perceptions.
The report of the notary in a document referred to in the minutes and appended to it shall be deemed to be contained in the minutes of the minutes. Sentence 2 shall apply if the notary's report is drawn up using maps, drawings or illustrations. (2) The minutes shall indicate the place and day of the notary's perceptions and the place and date of the establishment of the document. (3) § 13 (3) applies accordingly. Unofficial table of contents

§ 38 Eide, State-of-the-art insurance

(1) In the case of the acceptance of oaths and in the case of the admission of oath insurance, the provisions on the certification of declarations of intent shall apply. (2) The notary shall be informed of the importance of the oath or of the oath-taking insurance. to lecture and to record this in the minutes.

2.
Endorsements

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Section 39 Simple testimonies

In the case of a signature or a trade mark or a drawing of a name signature, in the case of certificates relating to entries in the public sector, the date on which a private customer has been presented registers, in the case of the certification of copies, prints, copies and the like (copies) and in the case of other simple certificates, a document containing the certificate, the signature and the stamp shall be sufficient instead of a transcript of documents, or Seal of the seal of the notary must contain the place and date of the exhibition (note). Unofficial table of contents

Section 39a Simple electronic testimonies

Certifications and other certificates within the meaning of § 39 may be established electronically. The document produced for this purpose must be provided with a qualified electronic signature according to the signature law. This is to be based on a certificate that can be checked in the long term. The certificate must be accompanied by a confirmation of the status of the notary by the competent authority. The certificate shall indicate the place and day of the exhibition. Unofficial table of contents

§ 40 certification of a signature

(1) A signature shall only be certified if it is completed or recognized in the presence of the notary. (2) The notary only needs to examine the document as to whether there are reasons to refuse his term of office. (3) The endorsement must be made also refer to the person who has signed or recognised the signature. The note shall indicate whether the signature has been completed or recognized before the notary. (4) Section 10 (1), subsection 2, sentence 1 shall apply. (5) Signatures without accompanying text shall only certiate the notary if it is stated that: the authentication is required prior to the definition of the content of the document. The endorsement shall indicate that the authentication did not include a text covered by the signature. (6) Paragraphs 1 to 5 shall apply mutationally to the certification of hand signs. Unofficial table of contents

Section 41 Certification of the drawing of a company or a signature

In the case of the certification of the drawing of a name signature intended for storage in the court, the drawing must be carried out in the presence of the notary; this is to be noted in the endorsement note. The endorsement note must also indicate the person who has drawn. Section 10 (1), subsection (2) sentence 1 shall apply accordingly. Unofficial table of contents

Section 42 Certification of a copy

(1) In the case of the certification of the copy of a document, it is to be determined whether the document is a copy, a copy, a certified or simple copy. (2) There are gaps in a document submitted to the notary, Submissions, ratings, changes or illegible words, show traces of the elimination of characters, in particular etchings, is the context of a document consisting of several sheets repealed or speak other Circumstances in which the original content of the document has been amended shall be taken into account in the If the copy only contains the extract from a document, the document shall indicate in the endorsement note the subject of the extract and bear witness to the fact that the copy of the copy of the copy shall be given in the form of a copy. (4) In the case of the authentication of an expression of an electronic document provided with a qualified electronic signature in accordance with the Signature Act, the result of the Signature verification is documented. Unofficial table of contents

Section 43 Determination of the timing of the presentation of a private certificate

In determining the point in time at which a private certificate has been submitted, Section 42 (2) shall apply accordingly.

Fourth Section
Treatment of documents

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Section 44 Connection with cord and embossing bricks

If a document consists of several sheets, then these should be connected with a cord and a pre-seal. The same shall apply to documents as well as to maps, drawings or illustrations which have been annexed in accordance with Section 9 (1) Sentence 2, 3, § § 14, 37 (1) sentence 2, 3 of the minutes. Unofficial table of contents

Section 44a Changes in the documents

(1) Additions and other, not only minor changes shall be noted at the end of the signatures or on the sidelines, and in the latter case shall be signed in particular by the notary. If the minutes are accompanied by a document in accordance with the second sentence of Article 9 (1), § § 14, 37 (1) sentence 2, amendments in the attached document shall not be signed if the minutes indicate that they have been approved. (2) The notary may, even after the conclusion of the minutes, rectify any obvious inaccuracies by a notice to be signed by the notary. At the end of the day, the endorsement shall be laid down in accordance with the signatures or on a special sheet to be connected with the document and shall be accompanied by the date of the judgment. If, moreover, after the conclusion of the minutes, the necessity of a modification or correction arises, the notary shall have a special record of it. Unofficial table of contents

Section 45 Handout of the original

(1) The original of the notarial document shall remain in the custody of the notary if it is not to be handed out. (2) The original copy of a transcript shall only be handed out if it is stated that it is to be used abroad, and all persons who are entitled to request a copy. In this case, the original text shall be marked with the seal and shall be retained and shall be remarked to whom and for which reason the original copy has been handed out. The copy shall replace the original. (3) The original document of a document drawn up in the form of a note shall be handed out if the safekeeping is not required. Unofficial table of contents

Section 46 Replacement of the original

(1) If the original copy of a minutes has been destroyed in whole or in part or has been lost and there is reason to replace it, it may be certified, on an existing copy or certified copy or by a certified copy thereof. Copy shall be noted that it shall replace the original. The endorsement may be accompanied by the endorsement note. It shall indicate the place and time of the exhibition and must be signed. (2) The original shall be replaced by the authority responsible for issuing a copy. (3) Before replacing the original document, the debtor shall be heard if he/she is has been subjected to immediate foreclosure in the document. The replacement of the original shall be understood to include the persons who may require a copy, provided that they can be identified without significant difficulties. Unofficial table of contents

§ 47 Clout-out

The copy of the transcript represents the original document in legal transactions. Unofficial table of contents

Section 48 Jurisdiction for the issuing of the copy

The copy shall be issued in so far as it is not otherwise determined by national law or national law, the place which holds the original document. If the original document is held by a court, the document shall be issued by the official of the office of the office. Unofficial table of contents

Section 49 Form of the copy

(1) The copy shall consist of a copy of the original document, which shall be marked with the endorsement note. It shall be referred to in the heading as a copy. (2) The document shall indicate the date and place of the grant, the person to which the copy is issued and the conformity of the copy with the original are confirmed. It must be signed and marked with the seal of the issuing body. (3) If copies of documents are linked to the copy by the sham and the mark, or if they are on the same sheet, it shall be sufficient for the Certification of these copies of the copy of the document, in accordance with section 42 (3) and, if the documents from which the copies are made, are not kept together with the original document of the certificate, including in accordance with § 42 (1), (2). (4) The original copy shall be used to indicate to whom and to whom (5) The copy can also be issued in part upon request. Section 42 (3) shall apply accordingly. Unofficial table of contents

§ 50 Translations

(1) A notary may provide the German translation of a document with the certificate of accuracy and completeness if he has established the document himself in foreign language or for the issue of a copy of the transcript is responsible. The certificate shall be valid in accordance with § 39. The notary shall only grant the certificate if he is sufficiently familiar with the foreign language. (2) A translation provided with a certificate referred to in paragraph 1 shall be deemed to be correct and complete. The proof of proof is admissible. (3) copies and copies may be issued from such a translation. In this case the translation is to be kept together with the original. Unofficial table of contents

§ 51 Right to copies, transcripts and insight

(1) Copies may require

1.

in the case of statements of declarations of intent, any person who made a declaration on his own behalf or on whose behalf a declaration has been made,

2.

in the case of other copies, each person who has requested the inclusion of the document,

as well as the legal successor of such persons. (2) The persons referred to in paragraph 1 may decide otherwise jointly in the minutes or by special declaration to the competent authority. (3) Any person who may require copies shall also be entitled to: shall be entitled to require simple or certified copies and to be provided with the original copy. (4) Obligations of notification which consist of legal provisions in relation to courts or authorities shall remain unaffected. Unofficial table of contents

Section 52 Enforceable Copies

Enforceable copies shall be issued in accordance with the rules laid down for this purpose. Unofficial table of contents

Section 53 Filing at the land registry office or register court

Where declarations of intent have been assessed which are to be submitted to the Land Registry or the Register Court, the notary shall arrange for this to be made as soon as the document can be submitted, unless all the parties jointly request otherwise; to the hazards associated with a delay, the notary should point out. Unofficial table of contents

Section 54 Legal remedies

(1) The appeal against the refusal of the grant of the enforcement clause or an official act pursuant to § § 45, 46, 51 and against the replacement of a single original is given. (2) The provisions of the law shall apply to the appeal proceedings. the procedure in family matters and in the matters of voluntary jurisdiction. The appeal shall be made by a civil chamber of the regional court in whose district the body against which the complaint is lodged shall have its seat.

Fifth Section
Custody

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Section 54a Application for custody

(1) The notary shall not accept cash for storage or delivery to third parties. (2) The notary shall only accept money for the safekeeping if:

1.

where there is a legitimate interest in the security of the persons involved in the business of the depositary,

2.

it is accompanied by a request for custody accompanied by a transfer order in which, in respect of the mass and income of the applicant, the persons entitled to receive, and the temporal and factual conditions of the custody and the the conditions for payment are determined;

3.

it has accepted the request for depository and the depository of the custody.

(3) The notary may only accept the request for a transfer if the depositary is responsible for the needs of a proper conduct of business and the proper execution of the safekeeping as well as the security interest of all in the custody business. (5) The notary shall note the acceptance by date and signature on the instructions of the depositary, provided that the date and signature of the person concerned have been accepted by the notary. Transfer of custody is not the subject of a transcript (§ § 8, 36), which he himself/she himself (6) The provisions of paragraphs 3 to 5 shall apply mutagenly to trusteeship orders issued to the notary in connection with the execution of the business of persons on which the custody is based, of persons who are are not involved in this. Unofficial table of contents

Section 54b Implementation of the safekeeping

(1) The notary shall immediately supply the funds entrusted to a special account for foreign funds (notary's account). The notary is obliged to a certain type of installation only if the parties are instructed to do so. Foreign funds and their income may not be temporarily held on another account of the notary or a third party. (2) The notary's account must be made in the case of a credit institution or the German empowered to operate domestily for business. Bundesbank shall be established. The other accounts shall be established in the case of credit institutions in the area of the Notars or the immediately adjacent district courts of the same Higher Regional Court, unless otherwise expressly provided for in the instruction. , or other handling is subject to factual information. A separate other account must be kept for each depositary, collecting other accounts shall not be allowed. (3) Only the notary person, whose officially ordered representative or the notarial administrator shall have the right to hold the notary's account, shall be allowed to do so. The first sentence shall apply in respect of the notary who is responsible for the custody of the file pursuant to section 51 (1) sentence 2, insofar as the power of disposal of other accounts has been delegated to him. The State Governments or the bodies designated by them shall be authorized to determine by means of a decree law that orders may also be made by a suitably authorized other notary. Orders shall be made available only in order to supply amounts without delay to the person entitled to receive or to a third party designated by that person in writing. In principle, they are to be carried out in cashless payment transactions, unless special legitimate interests of the parties concerned are subject to payment in cash or by means of cash or settlement cheques. The reasons for a cash or cheque payout are to be noted by the notary. The cash or cheque payout is to be acknowledged by the authorized recipient or by a person appointed by him in writing after the person has been determined. Orders for the private or business accounts of the notary are only allowed to pay for the costs arising from the underlying business, stating the purpose of the use and only if a notary is required for this purpose. (4) A safekeeping is to be carried out through several other accounts only if this is not the case, the costs are charged and the debtor has been paid the debtor and the debtor has been paid the debtor. (5) Cheques should be immediately communicated to the shall be redeemed or billed unless otherwise indicated by the instructions. The countervalue shall be treated in accordance with paragraphs 2 and 3. Unofficial table of contents

Section 54c Revocation

(1) The notary must comply with the written revocation of an instruction, insofar as it does not infringe any existing official duties by third parties. (2) If the dismissal statement is issued by several points of reference, then the revocation shall also be (3) The revocation referred to in paragraph 2 shall not be effected by all the referring and shall be established on the basis that the legal relationship to be carried out with the safekeeping shall be repealed, ineffective or , the notary shall refrain from any disposal of the material in the custody. The notary shall inform all persons involved in the custody business within the meaning of § 54a hereof. However, the revocation shall be unrespectful if:

1.

a later matching instruction is available; or

2.

the revocation does not indicate to the notary, within a reasonable period to be determined by the notary, that a judicial procedure for the execution of a concurring instruction is of a legal order, or

3.

proof to the notary that the proceedings initiated in accordance with point 2 have not been taken into account.

(4) The depositary statement may contain provisions deviating from paragraphs 2 and 3 or supplementary regulations. (5) § 15 para. 2 of the Bundesnotarordnung shall remain unaffected. Unofficial table of contents

§ 54d Dispay of payment

The notary shall refrain from disbursing and inform all persons involved in the depositary business within the meaning of Section 54a of the above, if:

1.

there is sufficient evidence that, if the irrevocable instruction is to be followed, he would be involved in the achievement of unauthorised or illegitimate purposes, or

2.

A contracting entity within the meaning of § 54a may be liable to damage irreparable damage as a result of the disbursed payment of the money.

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§ 54e Safeguarding of securities and valuables

(1) § § 54a, 54c and 54d shall apply accordingly for the safekeeping of securities and valuables. (2) The notary shall be entitled to give securities and valuables also to a bank within the meaning of Section 54b (2) in safekeeping, and is not requires securities held by him to be administered by him, unless otherwise specified in the depositary statement.

Sixth Section
Final provisions

1.
Relationship to other laws

a)
Federal Law

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§ 55

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Section 56 Elimination of dual responsibilities

(1) (2) (amending regulations) (3) In § § 1410, 1750 of the Civil Code, the words "in court or in front of a notary" shall be replaced by the words "to the transcript of a notary". § 2356 (2) sentence 1 of the Civil Code remains unaffected. (4) Even if other provisions of the previous federal law provide for judicial or notarial certification or authentication or the declaration in front of a court or notary, only the notary is responsible. Unofficial table of contents

Section 57

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§ 58 Assessments of the civil status law

This law shall not apply to assessments under the Personal Status Act. Unofficial table of contents

Section 59 Untouched federal law

Unless otherwise provided in this Act, federal regulations shall remain unaffected by the documents on the basis of a document of assessment.

b)
National law

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§ 60

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Section 61 Untouched country law

(1) Without prejudice to the competence of the notary, the following provisions of national law shall remain unaffected:

1.

rules on the assessment of voluntary auctions; this does not apply to the voluntary auctioning of land and the same rights;

2.

rules on the responsibility for the inclusion of inventories, inventories, inventories and other registers of assets, as well as the involvement in the inclusion of such registers;

3.

rules on the jurisdiction of the bailies to take up bills of exchange and cheque and to assess the actual offer of a service;

4.

provisions under which the Local Courts are competent to assess, outside a pending procedure, the testimony of witnesses and the opinions of experts, the oath and the oath of insurance of such persons;

5.

provisions which may be made by an authorised or requested judge in the case of cases of fiddling for which a collegiate court is competent;

6.

Rules under which the boards of the surveying authorities responsible for carrying out the official list within the meaning of Article 2 (2) of the Basic Regulations and the officials of those authorities responsible for the management of the boards are subject to requests by the owners. Association or division of land to be assessed or to be certified;

7.

rules on the assessment of the establishment of fixed border marks (demartification);

8.

provisions concerning the assessment of the facts of the case, which are identified on the ground and ground by means of a surveying investigation, by public authorities, publicly-ordered surveying engineers or market separators;

9.

rules on assessments of settlement and agricultural settlement procedures, including pension rights and pension schemes;

10.

Rules on certificates in the refund procedure;

11.

provisions concerning the authentication of official signatures for the purpose of legalisation;

12.

Regulations on assessments in church outlet cases.

(2) On the basis of these reservations, the courts may not be able to retransmit the court's assessments. (3) In the light of other national legal reservations, it may be possible to

1.

The responsibility of the notaries for public assessments (§ 20 of the Bundesnotarordnung) will not be restricted,

2.

are not to be determined that, in addition to the notary, other documents or other bodies shall be responsible for public assessments; and

3.

shall not be subject to any provision contrary to the provisions of the First to Fourth Section of this Law.

(4) The provisions relating to the assessments of the advisors and other auxiliary officers of the Land registry offices in Baden-Württemberg, in particular Article 6 of the Basic Law of Baden-Württemberg, in the version of the notice of 13. October 1925 (Badisches Gesetz-und regublatt p. 296) as well as Article 32 (1), Article 33, 34 of the Württemberg Act of Implementation on the Civil Code and other Reichsjustizlaws of 29 December 1931 (Württembergisches Staatsgesetz, 545), remain unaffected; these provisions may be repealed, amended or replaced by provisions corresponding to those applicable to the Land of Baden-Württemberg, by the competent authorities, in accordance with the provisions of the following: , however, the assessments are not extended beyond the scope of the , in which they already exist at least in one of the legal areas of the country; § 36 of the Law on the Rights of Law shall apply accordingly. It shall also be without prejudice to the provisions under which the District Court may be seised against decisions of the District notaries, Councillor and other auxiliary officers of the Land registry offices in the cases of Section 54. Unofficial table of contents

Section 62 Jurisdiction of the Local Courts, Delivery

(1) Without prejudice to the competence of other bodies, the Local Courts shall be responsible for the assessment of

1.

Declarations on the recognition of fatherhood,

2.

obligations to fulfil a child's maintenance rights,

3.

Obligations to meet maintenance claims in accordance with § 1615l of the Civil Code.

(2) The delivery of documents relating to an obligation under paragraph 1 (2) or (3) may also be carried out by the fact that the debtor is given a certified copy of the document; § 173, second sentence, of the Civil procedure rules shall apply accordingly. Unofficial table of contents

§ 63

The countries have the power to transfer by law the responsibility for the public authentication of copies or signatures to other persons or bodies. Unofficial table of contents

§ 64 Notaries in Baden-Württemberg

Notary in the sense of this law is also the notary and the district notary, ordered according to the Baden Land Law on the Voluntary jurisdiction. For such a notary, § 3 (1) No. 8 in matters of the State of Baden-Württemberg does not apply solely because the notary is in a service relationship with that country.

c)
Official certifications

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Section 65

This Act shall not apply to official certifications with which an administrative authority, for the purpose of its use in administrative procedures or for any other purpose for which a public certification is not required, shall have the authenticity of an administrative authority. a signature or a sign or the accuracy of the copy of a document not issued by an administrative authority. The validity of these official certifications shall be limited to the intended use as stated in the citation note. The power of the administrative authorities, copies of their own documents or of documents of other administrative authorities to be certified in the form required for this purpose, with full reference to them, shall remain unaffected.

d)
Eidesstately insurance in administrative proceedings

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Section 66

This law does not apply to the inclusion of oath insurance in administrative proceedings.

e)
Statements by legal persons under public law

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Section 67

The public assessment shall replace the by-laws or country-prescriptions of the official seal in case of declarations of legal persons under public law.

f)
Documents already established

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Section 68

(1) § § 45 to 49, 51, 52, 54 of this Act shall also apply to documents which have been established before the entry into force of this law. This shall also apply if the leave of absence has been omitted. (2) A copy of a document issued prior to the entry into force of this Act shall be deemed to have been effective from the outset, even if it is in accordance with the provisions of this Act. (3) § 2256 (1), (2) of the Civil Code also applies to wills which have been established before a judge before the entry into force of this law.

g)
References

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Section 69

To the extent that laws or regulations refer to the provisions repealed or amended by this Act, the relevant provisions of this Act shall be replaced by the provisions of this Act.

2.
Validity in Berlin

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Section 70

This law applies in accordance with Section 13 (1) of the Third Transfer Act of 4 January 1952 (Bundesgesetzbl. I p. 1) also in the Land of Berlin.

3.
entry into force

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Section 71

This Act shall enter into force on 1 January 1970. Unofficial table of contents

Final formula

The constitutional rights of the State of Baden-Württemberg from Article 138 of the Basic Law are respected.