Notarization Law

Original Language Title: Beurkundungsgesetz

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.

Beurkundungsgesetz

Non-official table of contents

BeurkG

Date of departure: 28.08.1969

Full quote:

" The assessment law of 28 April 1969. August 1969 (BGBl. 1513), as last amended by Article 5 of the Law of 29. June 2015 (BGBl. I p. 1042) "

:Last modified by Art. 5 G v. 29.6.2015 I 1042

For details, see the Notes

Footnote

(+ + + text-proof application: 1) menu. 1.1977 + + +)

First section
General rules

unofficial Table of Contents

§ 1 Scope

(1) This law applies to public assessments and connotations by the notary.(2) In so far as other documents or other bodies are also responsible for public assessments in addition to the notary, the provisions of this law shall apply, except in the case of § 5 (2). Unofficial table of contents

§ 2 Crossing the district

An assessment is not ineffective because the notary is outside of the office. district or outside the country in which it is ordered to the notary. Non-official table of contents

§ 3 Prohibition of participation as notary

(1) A notary should not participate in an assessment if the notary is
1.
own affairs, even if the notary is only co-authored or co-committed
2.
Matters of his or her spouse, former spouses, or his fiancé,
2a.
The affairs of his life partner, former partner or fiancé in the spirit of the Life Partnership Act,
3.
matters of a person related to the notary in a straight line, or whether or not in the sidelines, related to the third grade, or to the second grade. ,
4.
The affairs of a person with which the notary is connected to the joint professional practice or with which he/she holds joint business premises
5.
A person whose legal representative is the notary or a person within the meaning of point 4
6.
6.
matters of a person whose representative body belongs to the notary or a person within the meaning of point 4,
7.
matters of a person, for which the notary, a person in the sense of the number 4 or a person with it in the sense of the number 4 or in a connected company (§ 15 of the Stock Corporation Act) is, or is already active, outside an office of office in the same matter, unless that 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 that of the notary or a person within the meaning of point 4 in a permanent service or a similar continuous business relationship, or
9.
A company's affairs in which the notary has more than five of the hundreds of voting rights or with a proportionate amount of the capital of more than EUR 2,500.
The notary has to ask before the certification after 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 has previously been acting as a legal representative or authorized representative on the matter, or if he is acting for one of these persons in other matters as an authorized representative, he/she shall He should point out before the assessment and ask whether he should make the assessment on the same time. It should be noted in the document that this has happened.(3) Paragraph 2 shall apply accordingly if it is a matter of
1.
A person's affairs whose non- Representation of the authorized organ of the notary,
2.
A matter of a municipality or a circle whose organ belongs to the notary,
3.
The affairs of a religious or belief community recognized as a body of public law, or recognized as a body of public law. The partial organisation of such a Community, the institution of which belongs to the notary.
In the cases of points 2 and 3, paragraph 1 (6) shall not apply. Non-official table of contents

§ 4 Rejection of the assessment

The notary is to refuse the certification if it is not compatible with its official duties , in particular where its participation is required in the event of acts which are subject to discernible or unreputable purposes. Non-official table of contents

§ 5 document language

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

Second section
Assessment of Willenserdeclarations

1.
Notars exclusion

Table of contents unofficial

§ 6 exclusionary reasons

(1) The assessment of Willenserdeclarations is ineffective if
1.
the notary itself,
2.
its spouse,
2a.
its life partner,
3.
a person who is or has been related to it in a straight line or
4.
a representative who is responsible for one of the persons referred to in points 1 to 3,
shall be involved in the assessment.(2) In the event of an assessment, the published statements, whose statements made in their own or foreign names are to be assessed, are to be taken into account. Non-official table of contents

§ 7 Judgments in favour of the notary or its relatives

The assessment of Willenserdeclarations is to the extent that: ineffective when directed to it,
1.
the notary,
2.
its spouse or former spouse,
2a.
its life partner or former life partner or
3.
a person who is related to him in a straight line, or is related in the sidelines to the third grade, or to the second grade

2.
Niederschrift

unofficial table of contents

§ 8 Principle

A transcript of the negotiation must be included in the assessment of declarations of intent. Non-official table of contents

§ 9 Content of the minutes

(1) The minutes must contain
1.
the name of the notary and the participant, and
2.
the statements of the participants.
Declarations in a document referred to in the transcript and appended to it are considered to be in the minutes . Sentence 2 shall apply mutatily if the parties concerned make statements using maps, drawings or illustrations.(2) The minutes shall contain the place and day of the trial. Non-official table of contents

§ 10 Determination of participants

(1) In the minutes, the person of the parties is to be described in such a precise way 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 has given himself certainty about their 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. Non-official table of contents

§ 11 Findings on Business Capability

(1) If a participant is convinced by the notary's conviction, the required business capacity, the assessment is to be rejected. Doubts as to the necessary business capacity of a participant 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 have been made about the business viability. unofficial table of contents

§ 12 evidence of representative entitlement

of the authority of a full authority and ID of a The legal representative shall be accompanied by a certified copy or a certified copy of the document. 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) The minutes must be read to the participants in the presence of the notary, be approved and signed by them; as far as the minutes refer to maps, drawings or illustrations, they must be submitted to the parties for review instead of the lecture. 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 necessary in the first sentence, are submitted for review and approved by the parties concerned. The minutes shall also be submitted to the parties at their request prior to the approval.(2) If several copies are recorded which are in whole or in part the same, it is sufficient if the content of the agreement is read out to the parties once in accordance with the first sentence of paragraph 1 or is presented to the person in place of the lecture instead of the lecture. § 18 of the Bundesnotarordnung shall remain unaffected.(3) The transcript must be signed by the notary. The notary shall attach his name to the signature. Non-official table of contents

§ 13a Restricted Joining and Lecture Obligations

(1) In the minutes, a notary notice shall be made to another notarial referred to in the rules on the assessment of declarations of intent, it is not necessary to read them in advance if the parties declare that they are aware of the content of the other minutes, and you don't want to read 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 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 shall not be accompanied by the minutes unless the parties concerned refrain from making such a copy. In the minutes it should be noted 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 assessment, the notary shall inform the person concerned before the trial; if the other transcript is to be found at the notary, the notary shall be informed He shall transmit these to the person concerned on 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 cards or drawings made by a public authority within the limits of its powers or by a public-faith person within the business circle assigned to it by a public authority. If the signature and seal or stamp have been provided, paragraphs 1 to 3 shall apply accordingly. Non-official table of contents

§ 14 Limited Lecture Obligation

(1) Are balance sheets, inventories, desials or other Inventories of property, rights and legal relationships included in a document referred to in the minutes and appended thereto shall not be read in advance if the parties to the document are referred to the reading do not. 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 of enforcement must be included in the minutes of the minutes.(2) If the annexed document is not read out in accordance with paragraph 1, it shall be submitted for information to the parties and signed by them; the document shall consist of several pages, each side shall be signed by them. § 17 shall remain unaffected.(3) It must be noted in the minutes that the parties have waived the reading; it is to be noted that the attached document has been submitted to them for the purpose of taking knowledge. Non-official table of contents

§ 15 Auctions

Only tenderers who are involved in their bid shall be deemed to be involved in the assessment of auctions. remain bound. 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. Non-official table of contents

§ 16 The translation of the minutes

(1) is a participant according to his or her disclosures or the conviction of the notary of the The German language or, if the transcript is recorded in a language other than the German language, this language is not sufficiently knowledgeable, it should be noted in the minutes.(2) A transcript containing such a statement must be translated to the person concerned instead of the lecture. 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) If the notary does not translate himself, an interpreter must be given for the translation. 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 shall also be signed by the interpreter.

3.
Examination and duty obligations

A non-official table of contents

§ 17 Principle

(1) The notary is to explore the will of the parties, clarify the facts, inform the parties about the legal scope of the business lecturing and making their statements clear and unambiguous in the transcript. In doing so, it should ensure that errors and doubts are avoided, and that inexperienced and inexperienced parties are not disadvantaged.(2) If there is any doubt as to whether the transaction complies with the law or the true will of the parties concerned, the concerns with the parties concerned shall be discussed. If the notary doubts the effectiveness of the business and if the parties are informed on the assessment, he shall note the information and the statements made by the parties in the minutes.(2a) The notary shall organise the evaluation procedure in such a way as to ensure compliance with the obligations referred to in paragraphs 1 and 2. In the case of consumer contracts, the notary should ensure that
1.
the legal statements the consumer is delivered by the consumer personally or by a confidant before the notary, and
2.
gives the consumer sufficient opportunity to advance the subject of the assessment; in the case of consumer contracts which are subject to the obligation of certification in accordance with the first sentence of Article 311b (1) and the third paragraph of the Civil Code, the consumer shall be informed of the intended text of the The legal transaction shall be made available by the notary-rated notary or a notary with whom the notary-looking notary has joined the joint professional practice. 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. Non-official table of contents

§ 18 Approval Requirements

The required legal or regulatory approvals or confirmations The notary shall inform the parties concerned or, for example, that there are doubts as to whether or not the notary is in doubt. Unofficial table of contents

§ 19 Non-objectivity certificate

May only be registered in the land registry after the basic advertising tax law where the financial office's certificate of safety is available, the notary shall draw the attention of the parties to it and note this in the minutes of the minutes. Non-official table of contents

§ 20 Right of pre-emption law

If the notary is not responsible for the sale of a property, the notary is to be informed if a legal Pre-emption right may be considered, point out and note this in the minutes. Non-official table of contents

§ 20a Precautionary Authority

If the notary provides a precautionary assessment, the notary shall be informed of the possibility of registering with the of the Central Preliminary Care Gister. Non-official table of contents

§ 21 Basic Book View, Letter Template

(1) For stores, the rights to be registered or to be registered in the land register Should the notary be informed about the basic contents of the book. Otherwise, it should only be judged if, despite the information on the dangers involved, the participants insist on an immediate assessment; this is to be noted in the minutes of the minutes.(2) In the case of assignment or debit of a letter of mail order, the notary shall note in the minutes whether the letter has been located.

4.
Involvement of disabled persons

Non-official table of contents

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

(1) Vermag a participant according to his or her data or after the conviction of the notary is not sufficient to hear, speak or to see, a witness or a second notary shall be drawn to the certificate of certification, unless all the parties concerned do without it. 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 found in the minutes.(2) The transcript shall also be signed by the witness or the second notary. Non-official table of contents

§ 23 Special features for the hearing impaired participants

A copy, in which it is determined in accordance with section 22 (1) that a If the person concerned is unable to hear sufficiently, the person concerned must be presented with a view to transparency instead of the lecture, and it should be noted in the minutes that this has happened. 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. Non-official table of contents

§ 24 Special features for hearing and language disabled participants that cannot be written in writing

(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 agrees to in accordance with the conviction of the notary shall be granted a person's assessment. , it should be noted in the minutes 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 determine this in the minutes. The transcript shall also be signed by the person who has been drawn up.(2) The assessment of declarations of intent shall be ineffective in so far as they are intended to give the person referred to in paragraph 1 a legal advantage.(3) The requirement to grant a witness or a second notary pursuant to § 22 remains unaffected. Unofficial table of contents

§ 25 Incapable of writing

Do not allow a participant to name his or her name according to his or her disclosures, or to the conviction of the notary. , a witness or a second notary must be granted in the case of the reading and approval, if a witness or a second notary has not already been given in accordance with Section 22. These facts are to be found in the minutes. The transcript must be signed by the witness or the second notary. Non-official table of contents

§ 26 Prohibition of participation as a witness or second notary

(1) As a witness or a second notary, the certificate should not be used as a witness or second notary. , who
1.
is involved or represented by a participant
2.
obtained from a declaration of intent to be assessed, a legal advantage,
3.
with the notary married,
3a.
performs a life partnership with it or
4.
with it in a straight line is or was related.
(2) As a witness, you should not be given as a witness, who is
1.
is the notary in a constant service ratio,
2.
underage,
3.
insane or mindless,
4.
Do not listen, speak or see enough,
5.
can not write or
6.
the German language is not sufficiently familiar; this does not apply in the case of § 5 para. 2 if the witness of the language of the transcript sufficiently kundig

5.
Special Features for Deaths due to

Non-tamous Table of Contents

§ 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 on the grounds of devotees or are appointed to the executor of the executor. Non-official table of contents

§ 28 Fixed-term findings

The notary is supposed to be able to know about the required Note the business ability of the deceased in the minutes. Non-official table of contents

§ 29 Witnesses, second notary

At the request of the participants, the notary shall be asked to give an assessment of up to two witnesses or one. to the second notary, and note this in the minutes. The transcript shall also be signed by these persons. Non-official table of contents

§ 30 Submission of a font

If a disposition of death is established on the basis of handing over a font, the The inscription also contains 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 on, provided that he is sufficiently familiar with the language in which the Scriptures are written; § 17 shall apply. The writing shall be attached to the transcript; a reading of the writing shall not be required. unofficial table of contents

§ 31

(omitted) unofficial Table of contents

§ 32 Invoice of speech

If a deceased declaring his last will orally to the notary, the language in which the transcript is recorded, is not sufficiently well-informed and has been found in the minutes, a written translation shall be made to accompany the minutes. The deceased may dispense with this; the renunciation must be determined in the minutes. Non-official 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 parties. Non-official table of contents

§ 34 Closure, Custody

(1) The transcript of the establishment of a testament shall be the notary in an envelope and lock it up with the seal of prey. 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 describe the testator of his person in more detail 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 immediately into special official custody.(2) In the case of the conclusion of an inheritance contract, paragraph 1 shall apply, unless the contracting parties exclude the special official custody; this shall be presumed to be presumed if the contract of inheritance with another contract in the same document is to be connected.(3) If, in the case of a contract of inheritance, the parties have excluded the special official custody, the certificate shall remain in the custody of the notary. Non-official table of contents

§ 34a Notification and delivery obligations

(1) The notary sends the certificate after the establishment of a certificate relevant to inheritance in the In accordance with Section 78b (2) sentence 1 of the Bundesnotarordnung (Bundesnotarordnung), the depositaries within the meaning of § 78b (2) sentence 2 of the Bundesnotarordnung (Bundesnotarordnung) are immediately electronically sent to the register authority leading the Central Testamentsregister. The obligation to give a notification in accordance with the first sentence shall also apply to any assessment of changes in the succession of documents relevant to the succession.(2) If a contract of succession is returned to the notarial custody pursuant to § 2300 (2), § 2256 (1) of the Civil Code, the notary shall inform the register authority accordingly.(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, and he shall remain in the custody of the estate. If any other document contains explanations according to which the succession can be changed, the notary shall inform the succession court after the inheritance of the succession in certified copy. Non-official table of contents

§ 35 minutes without the signature of the notary

The notary has the minutes of the establishment of an order of If you do not sign it, then the certification is not ineffective if it has signed the inscription on the sealed envelope.

Third Section
Other Assessments

1.
Niederschriften

Non-official table of contents

§ 36 Principle

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

§ 37 Contents of the minutes

(1) The minutes must contain
1. the name of the notary and
2. the report of 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. The second sentence shall apply if the notary, using maps, drawings or illustrations, produces his report.(2) In the minutes, the place and day of the notars ' perceptions, as well as the place and day of the establishment of the document, shall be stated.(3) Section 13 (3) shall apply accordingly. Non-official table of contents

§ 38 Eide, eidesstately insurance

(1) On the acceptance of oeids and in the case of the admission of oath Insurance is subject to the rules on the certification of Willenserdeclarations.(2) The notary shall lecture on the meaning of the oath or the oath of insurance and note this in the transcript.

2.
Vermerke

A non-official table of contents

§ 39 Simple testimonies

In the certification of a signature or a sign or a drawing of a name signature, in the determination of the Time at which a private customer has been presented, in the case of certificates of entries in public registers, in the certification of copies, prints, clearings and the like (copies) and in the case of other simple Certificates shall be replaced by a document which must contain the certificate, the signature and the stamp or colour seal (seal) of the notary, and indicate the place and date of the exhibition (note). Non-official table of contents

§ 39a Simple electronic testimonies

Certifications and other certificates within the meaning of § 39 may be electronically set up. 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. Non-official table of contents

§ 40 authentication of a signature

(1) A signature is to be certified only if it is in the presence of the notary to be completed or recognised.(2) The notary only needs to examine the document as to whether there are reasons to refuse his or her duties.(3) The endorsement note must also indicate the person who has signed or recognised the signature. The note shall indicate whether the signature has been completed or recognised in front of the notary.(4) § 10 (1), (2) sentence 1 shall apply accordingly.(5) signatures without accompanying text shall only be made to the notary if it is stated that the authentication is required before determining the content of the document. The endorsement note shall indicate that the authentication did not include a text covered by the signature.(6) Paragraphs 1 to 5 shall apply mutatily to the certification of hand signs. Non-official table of contents

§ 41 Certification of the drawing of a company or a name signature

In the case of the certification of the drawing of a The inscription in the presence of the notary must be carried out in the presence of the notary, and this is to be stated 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. Non-official table of contents

§ 42 authentication of a copy

(1) The certification of the copy of a document is to determine whether the copy of the document Certificate is a copy, a copy, a certified or simple transcript.(2) In a document submitted to the notary, gaps, submissions, ratings, changes or illegible words can be found, traces of the elimination of characters, in particular etchings, are shown in the context of one of the following: If the original document has been revoked or if other circumstances have changed the original content of the document, this should be stated in the endorsement note, unless it is already clear from the copy.(3) If the copy contains only the extract from a document, the certificate shall indicate the subject of the extract and bear witness to the fact that the document does not contain any further provisions relating to this subject matter.(4) In the case of the authentication of an expression of an electronic document, which is provided with a qualified electronic signature according to the signature law, the result of the signature verification shall be documented. Non-official table of contents

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

When determining the point in time at which a A private certificate has been submitted, § 42 para. 2 applies accordingly.

Fourth Section
Treatment of the documents

A non-official table of contents

§ 44 Connection with cord and seal

If a document consists of several sheets, they are to be connected to a cord and a seal of prey. 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. Non-official table of contents

§ 44a Changes in documents

(1) additions and other, not only minor changes, are to be made at the end of the Signatures or on the sidelines, and in the latter case shall be signed 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. Non-official table of contents

§ 45 Judgment of the original document

(1) The original of the notarial document remains, if it is not to be handed out, in the Preservation of the notary.(2) The copy of a transcript shall be issued only if it is stated that it is to be used abroad and that all persons who may require a copy are to be agreed. 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 take the place of the original.(3) The original document of a document which is written in the form of a note shall be handed out if the safekeeping is not required. Non-official table of contents

§ 46 Replacement of the original document

(1) The original copy of a transcript has been destroyed in whole or in part or has been destroyed. , and where there is a reason to replace them, a copy or certified copy thereof or a certified copy thereof, which is still in existence, may be remarked to replace the original. The endorsement may be accompanied by the endorsement note. It is intended to indicate the place and time of the exhibition and must be signed.(2) The original copy shall be replaced by the body responsible for issuing a copy.(3) Prior to the replacement of the original document, the debtor shall be heard if he has been subjected to immediate enforcement 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. Non-official table of contents

§ 47 Production

The copy of the transcript represents the original document in legal transactions. Non-official table of contents

§ 48 Responsibility for issuing the copy

The copy is issued in so far as there is no federal or national law. the place which holds the original document is determined. If the original document is held by a court, the document shall be issued by the official of the office of the office. Non-official table of contents

§ 49 Form of copy.

(1) The copy of the copy is the copy of the copy of the copy, the copy of which is the copy is provided. It should be referred to in the heading as a copy.(2) The document shall indicate the date and place of issue, designate the person to be issued, and confirm the conformity of the copy with the original. It must be signed and shall be provided with the seal of the issuing body.(3) If copies of documents are linked to the copy of the label and the mark, or if they are on the same sheet, it shall be sufficient for the authentication of these copies of the document to be issued, in accordance with § 42 of this Regulation. (3) and, if the documents from which the copies are made are not kept together with the original document of the completed document, they shall also be moved in accordance with Section 42 (1), (2).(4) The original document shall be used to indicate to whom and on which day a copy has been issued.(5) The copy can also be issued in part upon request. Section 42 (3) shall apply accordingly. Non-official table of contents

§ 50 Translations

(1) A notary can obtain the German translation of a document with the certificate of accuracy and If the document itself has been established in a foreign language, or if it is responsible for issuing a copy of the document. The certificate shall be valid in accordance with § 39. The notary shall only issue the certificate if he is sufficiently familiar with the foreign language.A translation provided with a certificate referred to in paragraph 1 shall be deemed to be correct and complete. The counterstatement 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. Non-official table of contents

§ 51 Right to the copies, copies, and insight

(1) Copies can require
1.
in the case of transcripts of declarations of intent, each person who made a statement on his or her own behalf, or in whose name a statement has been made,
2.
in the case of other transcripts of any person who has requested the inclusion of the document,
and the legal successor of these 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) Those who may require copies shall also be entitled to require simple or certified copies and to view the original.(4) The obligation to participate in a notification which is based on legal provisions in relation to courts or authorities shall remain unaffected. Unofficial Table Of Contents

§ 52 Enforceable Copies

Enforceable Copies are issued in accordance with the existing regulations. Non-official table of contents

§ 53 Submission to the land registry or register court

If you have been informed of the declarations of intent, which are the basic buchamp or register court, the notary shall, as soon as the document may be lodged, arrange for it to be lodged, unless all the parties jointly request otherwise; the notary shall be subject to the risks of a delay . Non-official table of contents

§ 54 appeal

(1) The refusal to grant the enforcement clause or an official act in accordance with § § 45, 46, 51 as well as against the replacement of a single original is the complaint.(2) The provisions of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction shall apply to the appeal proceedings. The appeal is made by a civil chamber of the District Court, in whose district the body against which the complaint is made has its seat.

Fifth Section
Preservation

Non-official table of contents

§ 54a Application for custody

(1) The notary is not allowed to accept cash for storage or delivery to third parties.(2) The notary may accept money for custody only if
1.
is authorized to do so. The security interest of the persons involved in the custody business consists of:
2.
a request for custody in connection with a detention order is available, in which: in respect of the mass and its returns, the receiving beneficiaries and the temporal and factual conditions of the safekeeping and the conditions of payment,
3.
he has accepted the request for custody and the custody statement.
(3) The notary may only accept the transfer request if the depositary order has the needs of a All persons involved in the custody business comply with the proper conduct of business and the proper execution of the safekeeping, as well as the security interests of all persons involved in the custody business.(4) The declaration of depository and its modification, addition or revocation shall be subject to the written form.(5) In the case of a depositary instruction, the notary must note the acceptance with the date and the signature, provided that the transfer order is not the subject of a transcript (§ § 8, 36), which he or his officially appointed representative has accepted.(6) Paragraphs 3 to 5 shall apply mutagenly to trusteeship orders granted to the notary in connection with the execution of the business of persons on which the custody is based and which are not involved in the transaction. Non-official table of contents

§ 54b Implementation of the custody

(1) The notary immediately has the funds entrusted to a special account for foreign funds. (notary 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 any other account of the notary or a third party.(2) The notary account must be established in the case of a credit institution authorized to operate in Germany or the Deutsche Bundesbank. The other accounts shall be established in the case of credit institutions in the area of the office of the notary or the directly adjoining district court districts of the same Oberlandesgericht district, unless expressly provided otherwise in the instruction. , or other handling is subject to factual information. A separate other account must be kept for each depositary, and collection other accounts shall not be permitted.(3) Only the notary person, whose officially ordered representative or the notarial administrator shall have the service of the notary's account, shall be entitled to the notary account. 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. The costs are charged to the debtor and the payment maturity of the committed amount in favour of the cost debtor is given.(4) A safekeeping should only be carried out through several other accounts, if this is factually necessary and is expressly determined in the instruction.(5) cheques shall be redeemed or billed immediately, unless otherwise provided by the instructions. The countervalue shall be treated in accordance with paragraphs 2 and 3. Unofficial table of contents

§ 54c Revocation

(1) The notary has to be aware of the written revocation of a statement, insofar as it does so by third parties. not infringed on existing official duties.(2) If the depositary statement is issued by a number of points of reference, the revocation shall only be taken into account if it is carried out by all the points of reference.(3) The revocation referred to in paragraph 2 shall not be complied with by all the notarians and shall be established on the basis that the legal relationship to be carried out with the safekeeping shall be repealed, ineffective or reunwound, the notary shall be made available to each person via the Custody account. The notary shall inform all persons involved in the depositary business within the meaning of § 54a thereof. However, the revocation becomes insignificant when
1.
is a later matching statement. 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 the proceedings is of a matching instruction, or
3.
the notary is shown to be responsible for the legal nature of the proceedings initiated under point 2 .
(4) The depositary statement may contain provisions other than those set out in paragraphs 2 and 3 or supplementary provisions.(5) Section 15 (2) of the Bundesnotarordnung shall remain unaffected. Non-official table of contents

§ 54d Dispay of payout

The notary has to refrain from disbursing and everyone involved in the depositary business to inform persons within the meaning of § 54a of this if
1.
has sufficient evidence to do so, that if the irrevocable instruction is to be followed, he would be involved in the achievement of unauthorised or unauthorised purposes, or
2.
a client within the meaning of § 54a the disbursing of the promised money threatens to cause irreparable damage.
Unofficial table of contents

§ 54e Custody of Securities and Treasures Securities

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

Sixth Section
Final Provisions

1.
Relationship to Other Laws

a)
Federal Law

Non-official table of contents

§ 55

-Non-official table of contents

§ 56 Elimination of duplicate responsibilities

(1) and (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". Section 2356 (2) sentence 1 of the Civil Code remains unaffected.(4) Even if other provisions of the former federal law provide for the judicial or notarial certification or certification or the declaration before a court or notary, only the notary is responsible. Nonofficial table of contents

§ 57

- unofficial Table of contents

§ 58 Beurkundungen nach dem Personenstandsgesetz

This law does not apply to assessments according to the Personal Status Act. Non-official table of contents

§ 59 Untouched federal law

Unless otherwise specified in this law, federal law Rules on assessments are unaffected.

b)
State Law

Non-official table of contents

§ 60

- unofficial table of contents

§ 61 Untouched state law

(1) Without prejudice to the jurisdiction of the notary, the following shall remain: National law:
1.
Voluntary assessment of voluntary Auctions; this does not apply to the voluntary auctioning of land and the same rights;
2.
Rules on jurisdiction to be taken up of inventories, inventories, inventories and other assets, as well as the participation in the inclusion of such registers;
3.
Rules under which the bailies are responsible for including change and check protests, as well as the actual offer of a performance;
4.
Rules according to which the local courts are responsible, outside of a pending trial, the testimony of witnesses and the expert opinions, the insult and
5.)
5.
Regulations, after which a certificate of certification in the case of a case of death for which a collegiate court is responsible, can be made by a judge or a judge;
6.
Regulations according to which the boards of the surveying authorities, which are the official directory within the meaning of § 2 (2) of the Basic Regulations, and the officials of these authorities responsible for the management of the board are responsible for assessing or committing requests by the owners for the association or division of land;
7.
Rules on the certification of fixed-mark erection (Marking);
8.
Rules on the the assessment of the facts 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 in the parish and agricultural settlement procedures, including the pension inheritance and pension schemes;
10.
Rules on certificates in the refund procedure;
11.
Reviews on authentication Official signatures for the purpose of legalisation;
12.
Regulations on assessments in church issues.
(2) On account of these reservations, the No new transfer will be made to the courts of assessment.(3) On the basis of other national legal reservations,
1.
may be the responsibility of notaries for public (§ 20 of the Bundesnotarordnung) are not restricted,
2.
not to be determined, that for public assessments, besides the notary, other documents of the Urkunda or other bodies, and
3.
are not affected by 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 Act of Württemberg Execution Act on the Civil Code and other imperial justice laws of the 29th. December 1931 (Württembergisches Staatsblatt, p. 545), remain unaffected; these provisions may be repealed, amended or replaced by provisions corresponding to those for the Land of Baden-Württemberg by the competent authorities. , however, it is not permissible to extend the rights of assessment beyond the scope 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 mutagenally. 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. Non-official table of contents

§ 62 Jurisdiction of the Local Courts, Delivery

(1) The Local Courts are not subject to any other authority's responsibility. responsible for the assessment of
1.
Statements on the recognition of the Paternity,
2.
Obligations to meet child maintenance rights,
3.
Obligations to meet maintenance claims in accordance with § 1615l of the Civil Code.
(2) The delivery of documents, which is an obligation pursuant to paragraph 1 (2) or 3. may also be carried out by the fact that the debtor receives a certified copy of the document issued; § 173, sentences 2 and 3 of the Code of Civil Procedure shall apply accordingly. Non-official table of contents

§ 63

The countries are authorized by law to have responsibility for the public authentication of copies or Transfer documents to other persons or bodies. Non-official table of contents

§ 64 Notaries in Baden-Württemberg

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

c)
Official Certifications

Non-official table of contents

§ 65

This law does not apply to official certifications with which a Managing authority for the purpose of use in administrative procedures or for other purposes for which a public certification is not required, the authenticity of a signature or a trade mark or the accuracy of the transcript of a document which is not issued by an administrative authority. The validity of these official certifications shall be limited to the use specified in the endorsement note. The power of the administrative authorities, copies of their own documents or of documents of other administrative authorities, in the form prescribed for this purpose, to be certified with full reference to them, shall remain unaffected. name="BJNR015130969BJNG001701301 " />

d)
Administrative Insurance Eidesstately

Non-official table of contents

§ 66 

This law does not apply to the admission of oath insurance in administrative procedures.

e)
Declarations of legal entities of public law

A Non-Official Table of Contents

§ 67

The federal or national legal declaration of the official seal of declarations of legal persons of public law is replaced by public certification.

f)
Already established documents

unofficial table of contents

§ 68

(1) § § 45 to 49, 51, 52, 54 of this law also apply to documents that have been established prior to 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 complies with the provisions of this Act.(3) § 2256 (1), (2) of the Civil Code also applies to wills established before a judge before the entry into force of this Act.

g)
Assignments

Non-official table of contents

§ 69

As far as laws or regulations refer to the regulations repealed or amended by this law,

2.
validity in Berlin

unofficial table of contents

§ 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

Non-official table of contents

§ 71

This law will take place on 1 January 2008. January 1970 in force. Non-official table of contents

Final formula

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