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Notarization law BeurkG Ausfertigung date: 28.08.1969 full quotation: "certification law of 28 August 1969 (BGBl. I S. 1513), most recently by article 5 of the Act of June 29, 2015 (BGBl. I S. 1042) has been changed" stand: last amended by article 5 G v. 29.6.2015 I 1042 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from validity: 1 1.1977 +++) first section General provisions section 1 scope (1) this Act applies to public deeds and deposits through the notary.
(2) as far as other notaries or other authorities are responsible for public certifications in addition to the notary, the provisions of this Act, except section 5 paragraph 2, shall apply mutatis mutandis.
§ 2 passing the District of a certification is not ineffective, because the notary has made outside his district or outside the country, in which he is appointed as a notary.
Article 3 prohibition of participation as notary (1) a notary to a certification not participate in, if 1 your own affairs, 2. Affairs of his spouse, former spouse or his fiancée, 2a even if the notary is only with authorized or obligated with.
His spouse, former spouse or fiancée within the meaning of the life partnership Act, 3. Affairs of a person who was or is related to or related by marriage or related in collateral line up to the third degree or related by marriage to the second degree with the notary in a straight line, 4. matters of a person, is the notary to the joint exercise of profession connected to the or with whom he has shared offices , The notary or a person within the meaning of point 4 belongs to 5 Affairs of a person, which legal representative is the notary or a person within the meaning of point 4, 6 a person, whose vertretungsberechtigtem body, the notary public, a person in the sense of paragraph 4 or one with this in the sense of paragraph 4 or in an associated company (§ 15 of the companies Act) related person outside an official activity in the same matter was already 7 matters of a person for whom, or is, unless this activity was exercised on behalf of all persons who should be involved, to the certification 8 matters of a person who has authorised the notary in the same matter or to the notary or a person within the meaning of point is 4 in a permanent service or similar permanent business relationship, or 9 Affairs of a society in which the notary with more than five per cent of the voting rights or with a proportionate amount of the prison capital of more than 2,500 euro is involved.
The notary has to ask for a preliminary referral within the meaning of point 7 before the certification, and to note the response in the document.
(2) if it is a matter of more than one person and has been previously active in this matter as legal representative or authorised representative of the notary or he has worked for one of these persons in other thing as the Commissioner so he should before the certification saying, and wondering whether he should nevertheless receive notarization. In the document, he should note that this is done.
(3) paragraph 2 applies a person, their body justifiable not to represent the notary belongs to, 2. Affairs of a municipality, if it's 1 Affairs or a circle, the notary is a member of their body, issues of a religion recognized as a body of governed by public law or Worldview community or one as a body of governed by public law recognized 3rd part of organization of such community, whose organ of the notary is a member of.
In the cases of the numbers 2 and 3, paragraph 1 No. 6 is not applicable.
§ 4 refusal of attestation the notary will reject certification if she would be incompatible with his official duties, in particular if its participation in actions is required that clearly illicit or dishonest purposes.
§ 5 customer language (1) shall be established in German language.
(2) a notary can build documents in any other language upon request. He should conform to the request only if it is sufficiently knowledgeable of the foreign language.
Second phase certification of declarations 1. exclusion of the notary section 6 exclusion reasons (1) the certification of declarations of intent is ineffective, if 1 the notary himself, 2. spouse, 2a.
his life partner, 3. a person who is related to him in a straight line or was or 4 an agent who is a in the numbers of 1 to 3 designated persons, is involved in the certification.
(2) the published, whose Erklärungen given on behalf of own or third should be notarized are involved on the certification.
§ 7 attestations in favour of the notary or his relatives is the certification of declarations of intent as far as ineffective, as they sure are, 1 the notary, 2. his spouse or former spouse, 2a.
his life partner or former spouse or 3. a person who is related to or related by marriage or related in collateral line up to the third degree or related by marriage to the second degree with him in a straight line or was to give a legal advantage.
2. transcript of § 8 principle at the certification of declarations of intent must be included a transcript of the proceedings.
§ 9 contents of the transcript (1) the transcript must include 1 the name of the notary and the involved, and 2. the explanations of the parties involved.
Statements in a document that is referred to in the minutes and that this included, are included as in the transcript itself. Sentence 2 shall apply accordingly, if the parties using maps, drawings or illustrations make statements.
(2) the minutes shall contain location and day of the trial.
§ 10 identification of parties (1) in writing should this person of stakeholders as accurately be referred, that doubt and confusion are excluded.
(2) to whether the notary knows the parties involved or how he has gained confidence about their person arise from the transcript. Can a notary does not get this certainty, the recording of the minutes is required but nevertheless so the notary shall indicate this in the minutes under leadership of the facts of the case.
§ 11 findings about the lacking legal capacity (1) a participant after the conviction of the notary the legal capacity, so should the certification will be rejected. The notary should determine doubts as to the capacity needed by one of the parties to business in the transcript.
(2) a party is seriously ill, so should be this recorded in the minutes and reported, what findings the notary business ability has taken.
§ 12 proofs for the representation authority proposed powers and passes over the authorization of a legal representative to be added in the transcript in original or certified copy. The representation authority stems from a registration in the commercial register or in a similar register, the certificate of a notary is sufficient according to article 21 of the Federal notarial regulations.
§ 13 reading, approve, sign (1) the transcript must be in the presence of the notary of the participants read, approved by them and signed by hand. as far as the transcript refers to cards, drawings, or pictures, this must be brought to the parties instead of reading for review. Should be determined in the transcript, this happened. The participants personally signed the transcript, it is assumed that it is read aloud or required as far as pursuant to sentence 1, submitted for review and approved by the parties in the presence of the notary. The transcript will be presented the parties upon request before approving to review.
(2) recorded several records that match whole or in part, so it is sufficient if the matching content stakeholders once referred to in paragraph 1 sentence 1 read or presented instead of reading for review is. section 18 of the Federal notarial regulations remains unaffected.
(3) the minutes must be signed by hand by the notary. The notary should add his official title signature.
§ 13a limited Beifügungs and lecture duty (1) referenced in the transcript on an other notarial record, which has been built according to the regulations on the certification of declarations of intent, so it does not need to be read, when the parties declare that the contents of the other transcript is known to them, and they waive the reading aloud. This should be noted in the minutes. The notary should notarize only if the other transcript at least in certified copy those involved in the certification. Sentences 1 to 3 shall apply mutatis mutandis for the template for review instead of reading of maps, drawings, or pictures.
(2) the other minutes need not be attached to the minutes, if the parties refrain. To identified in the transcript, that the parties have waived the Add.
(3) the other transcript at the notary or another place in due time before the certification can be seen so the notary should inform the parties before the hearing; is the other transcript at the notary, so he should submit the parties upon request. Without prejudice of article 17 the notary should instruct the concerned also about the importance of referencing the other transcript.
(4) is referenced in the transcript on maps or drawings, are provided by a public authority within the limits of their authority or by a person with public faith within the business circle conferred with signature and seal or stamp the paragraphs 1 to 3 shall apply mutatis mutandis.
§ 14 limited lectures compulsory (1) balances, inventories, inventories or other inventories of property, rights and legal relationships are recorded in a document, is referred to in the minutes and that this added, it need not to be read, if the parties waive the reading aloud. The same applies to declarations which are recorded ship mortgage or a register liens on aircraft when ordering a mortgage, mortgage, pension debt, and not in the land register, register of shipping, shipbuilding register or the register of liens on aircraft itself need to be specified. A declaration, to submit to immediate enforcement, must be included in the transcript itself.
(2) is referred to in paragraph 1 the attached document not read, so it should be submitted to the parties for information and signed by them; the document consists of several pages, each page shall be signed by them. § 17 shall remain unaffected.
(3) in the transcript must be noted, that the parties have waived the reading aloud; It should be noted that the attached document for information is been presented to them.
Section 15 apply remain auctions at the certification of auctions only such bidder involved, which tied to your bid. Away such a bidder before the conclusion of the hearing, so article 13, paragraph 1 does not apply in this respect; the transcript must identified that the bidder before the conclusion of the negotiations has been removed.
Section 16 is a party according to his translation of the transcript (1) or after the conviction of the notary of the German language, or, if the transcript is in a language other than German, not sufficiently knowledgeable of this language, so this should be determined in the transcript.
(2) a record containing a such statement must be translated the parties instead of reading before. If the party's demands, translation should be made also in writing and submitted to it for review; the translation should be attached to the transcript. The notary should stakeholders indicate that this may require a written translation. These facts should be noted in the minutes.
(3) for the translation of an interpreter must be tightened if the notary public does not even translated. The §§ 6 apply to the interpreter, 7 according to. The interpreter is not generally sworn in, as the notary to swear him, except that all parties refrain. These facts should be noted in the minutes. The transcript is to be signed also by the interpreter.
3. principle (1) the notary is supposed to the will of the parties explore inspection and notification obligations § 17, clarify facts, educate the parties about the legal scope of the business and their statements reflect clearly and unambiguously in the transcript. Here, he should ensure that avoided mistakes and doubts as well as inexperienced and ungewandte parties are not disadvantaged.
(2) there is any doubt whether the business is equal to the law or the true will of the parties, the concerns with the parties involved shall be discussed. Doubts of the notary on the effectiveness of business and are the parties to the deed, he should note the instruction and the statements made to the parties in writing.
(2a) the notary to the attestation procedure make so, that paragraphs 1 and 2 after compliance with the requirements is ensured. In consumer contracts to the notary to work towards that 1 the contractual declarations of the consumer of this personally or through a representative before the notary are made and 2 the consumer receives ample opportunity, advance with the subject of the certification to deal; Consumer contracts, that b paragraph 1 sentence 1 and paragraph 3 of the civil code are subject to certification according to § 311, the proposed text of the legal business of the attesting notary or a notary, the officiating notary to the joint exercise of the profession has joined will be made the consumers available. Two weeks before the certification to do this normally. This period falls below, the reasons you want to specify this in the minutes.
Further duties of the notary shall remain unaffected.
(3) foreign law is applied or doubt, the notary should indicate the parties and noted this in the minutes. He is not obliged to the instruction on the content of foreign legal systems.
Article 18 authorisation schemes on the necessary legal or regulatory approvals or confirmations or misgivings about about the notary to the stakeholders point out and note this in the minutes.
§ 19 clearance may only be carried out a registration in the land registry under the tax law, if there is the clearance of the Finance Office, the notary should indicate the parties and noted this in the minutes.
Article 20 notarized statutory pre-emption right the notary the sale of a plot of land, he shall, if a statutory right of first refusal into consideration could come and point out this note in the transcript.
the notary notarized a health care proxy section 20a of the health care proxy, so he should indicate the possibility of registration in the central register of interest.
Article 21 the notary on the content of the land register to teach land access, letter template (1) operations, which have registered or to supporting rights for the subject in the land register,. Otherwise he should document only if the parties despite instruction about the dangers on an immediate certification; He should note this in the minutes.
(2) when the assignment or load a letter lien, the notary in the transcript should note whether the letter existed.
4. participation of disabled persons section 22 hearing, speech impaired and visually impaired participants (1) a party is capable of according to his data or the conviction of the notary does not sufficiently listen to speak or see, so a witness or a second notary should be involved in the certification, unless that all parties refrain. At the request of a hearing or impairment involved, the notary should consult a sign language interpreter. These facts should be noted in the minutes.
(2) the minutes shall be signed also by the witness or the second notary.
Article 23 features for hearing impaired party a transcript pursuant to § 22 para 1 is found in that a party cannot be sufficiently listen able to must be; presented this involved instead of reading for review should be determined in the transcript, this happened. The party signed by hand the transcript, is believed that it has been submitted to it for review and approved by him.
Section 24 special features for hearing and speech impaired stakeholders that written communication is not possible (1) a party is able to hear according to its data or the conviction of the notary does not sufficiently or to speak and also in writing to communicate so the notary should determine this in the minutes. Such a determination is made in the minutes so a person must are involved in the certification, which is able to communicate with the disabled involved and with their approval, he agrees after the conviction of the notary; should be determined in the transcript, this happened. Doubts of the notary on the ability of to communicate between the person drawn to and the parties involved, so he should determine this in the minutes. The transcript shall be signed by the person drawn to.
(2) the certification of declarations of intent is invalid in so far as these are designed to give a legal advantage to the person referred to in paragraph 1 drawn to.
(3) the need to draw a witness or second notary public pursuant to § 22, remains unaffected.
Section 25 Schreibunfähige
An actor can do its name not to write, according to his data or the conviction of the notary as a witness or a second notary must be pulled to reading and the approval, if not already pursuant to § 22 a witness or a second notary has been moved to. These facts should be noted in the minutes. The minutes must be signed by the witness or the second notary.
Section 26 prohibition of participation as a witness or a second notary (1) as a witness or second notary should be not involved in certification, who 1 is involved or is represented by a party, 2 from a declaration of intent to beurkundenden obtained a legal advantage, 3 with the notary is not married, 3a.
with him leading a life partnership or 4th with him in a straight line is or was.
(2) a witness shall also not be to at the certification, who stands 1 to the notary public in a permanent employment relationship, 2nd is a minor, 3. is mentally ill or retarded, 4 is not enough to hear, speak or see, 5 can't write or 6 of the German language is not sufficiently informed. This does not apply in the case of section 5, paragraph 2, if the witness of the language of writing is sufficiently informed.
5. features of dispositions mortis causa § 27 beneficiaries persons the paragraphs 7, 16 para 3 sentence No. 2 shall apply 2, section 24 para 2, § 26 para 1 for people who considered a disposition of property upon death or be appointed as the executors of the will.
§ 28 findings about the capacity of notary should note his perceptions about the legal capacity of the deceased in the transcript.
The notary during the certification to pull § 29 witnesses, second notary upon request which is involved up to two witnesses or a second notary and this be noted in the minutes. The transcript is to be signed by these people.
Article 30 transfer of a font is built an available testamentary by passing a font, so the transcript must include also the observation that the font has been handed over. The font should be marked so that confusion is ruled out. Should be noted in the minutes, whether the font has been handed open or closed. The contents of a font open passed the notary should take note if he is sufficiently knowledgeable to the language in which the script is written, Article 17 shall apply. The font should be attached to the transcript; a reading of Scripture is not required.
Article 31 (dropped out) section 32 is Sprachunkundige a testator declared orally his last will the notary, the language in which the transcript recorded is not sufficiently informed, and this is noted in the minutes, so a translation has to be made, which should be attached to the minutes. The testator can dispense with this; the waiver must be noted in the transcript.
§ 33 special features of the inheritance when a contract of inheritance according to the sections 30 and 32 also apply to the Declaration of the other Contracting Parties.
§ The notary in an envelope take the transcript on the establishment of a testament to 34 closure, custody (1) and close it with the embossing seal. Also the writings included the sections 30 and 32 should be enclosed in the envelope. On the cover, the notary to his person after closer call the testator and indicate when the Testament has been built; the notary to sign this notice. The notary should encourage that the Testament is immediately placed in special official custody.
(2) upon the completion of a testamentary contract paragraph 1 shall apply mutatis mutandis if the contracting parties do not exclude the special official custody; This is to assume in case of doubt if the inheritance agreement with another contract in same document is linked.
(3) have excluded the special official custody the parties involved in a contract of inheritance, leaving the certificate in the custody of the notary.
§ 34a notification and delivery obligations (1) the notary sent after establishment of a succession relevant certificate within the meaning of § 78 b paragraph 2 sentence 1 of the German Federal notarial regulations the depositary information within the meaning of § 78 b paragraph 2 sentence 2 of the German Federal notarial regulations immediately electronically to the registry authority leading the central register of wills. The notification obligation pursuant to sentence 1 also at each certification changes succession-related deeds.
(2) a contract of inheritance in the notarial custody in accordance with section 2300 paragraph 2, section 2256, subsection 1 of the civil code returned, the notary shall inform the register authority.
(3) a contract of inheritance is in the custody of the notary, the notary delivers him after opening of the succession to the Probate Court, in whose custody he remains thereafter. An other document contains declarations of succession can be changed according to their content, so the notary tells these explanations the Probate Court after the opening of the succession in the certified copy.
Section 35 of the notary has not signed the minutes on the establishment of a disposition of property upon death transcript without the signature of the notary, so the documentation for this reason is not ineffective, when he signed the inscription on the sealed envelope.
Third section other certifications 1 records section 36 principle for the certification of other declarations as declarations of intent, as well as any other facts or operations must be recorded a transcript, unless otherwise provided in section 39.
§ 37 contents of the transcript (1) the transcript must include 1 the name of the notary, as well as 2 the report about his perceptions.
The report of the notary in a document that is referred to in the minutes and that this added, is even included as in the transcript. Sentence 2 shall apply accordingly if the notary by using maps, drawings, or pictures created its report.
(2) place and date the perceptions of the notary and place and day the establishment of the certificate should be specified in the transcript.
(3) § 13 para 3 shall apply accordingly.
Section 38 oaths, affidavits (1) during taking of oaths and when shooting documents insurance policies apply according to rules on the certification of declarations of intent.
(2) a notary is to teach about the importance of the oath or the affidavit and noted this in the minutes.
2. Notes paragraph 39 simple certificates for the authentication of a signature or a hand sign, or the drawing of a name signature, in the determination of the time at which a private certificate is been created certificates of entries in public registers, for the certification of copies, printing, photocopies and like (transcripts) and other simple certificates a certificate, is sufficient instead of minutes the testimony , the signature and the embossing or full color seal (seal) of the notary must contain and place and date of issue (note) should indicate.
Article 39a simple electronic certificates, certification and other documents within the meaning of section 39 may be established electronically. The document created for this purpose must be provided with a qualified electronic signature according to the signature law. This should be based on a certificate that is testable in the long term. A confirmation of the notary public property by the competent authority must be connected with the testimony. The certificate should indicate place and date of issue.
§ 40 authentication a signature (1) a signature should be certified only if it is carried out in the presence of a notary or recognized.
(2) the notary needs to consider whether reasons exist to deny his duties the certificate only.
(3) the certification notice must identify the person who has carried out the signature or recognized. Should be specified in the notice if the signature before a notary has been taken or recognised.
(4) § 10 para 1, para 2 sentence 1 shall apply accordingly.
(5) the notary should certify only signatures without accompanying text if is explained, that the certification prior to determining the content of the document is required. The certification note to specify that a text covered by the signature was not present at the certification.
(6) paragraphs 1 to 5 shall apply for the accreditation of hands.
Section 41 certification of drawing a company or name signature on the certification of the drawing of a name signature destined for storage at the Court, drawing in the presence of the notary must; completed This should be determined in the certification endorsement. The verification notice must specify the person which has drawn. § 10 para 1, para 2 sentence 1 shall apply accordingly.
Section 42 certification a transcript (1) for the certification of the copy of a document to determine whether the certificate is an original, a copy, a certified or simple copy.
(2) gaps, strikeout marks, insertions, changes or illegible words can be found in a document presented to the notary, traces the Elimination of characters, especially etchings, show up is the relationship of a document consisting of multiple sheets or other circumstances that the original content of the document has been changed, speak so this should be determined in the certification endorsement, if it turns out not from the transcript.
(3) the transcript contains only an extract from a document, so the subject-matter of the statement to the certification note are specified and testifies, that the document on this item contains no further provisions.
(4) for the certification of an expression of an electronic document that is provided with a qualified electronic signature according to the signature law, the result of the signature verification shall be documented.
Section 43 applies the timing of the submission of a private document in determining the time at which a private certificate has been submitted, § 42 paragraph 2 accordingly.
Fourth section treatment of documents section 44 connection with string and embossing seal a document consists of several pages, so they are to be connected with string and embossing seals. The same is true for documents, as well as maps, drawings, or pictures, according to § 9 para 1 sentence 2, 3, §§ 14, 37 para 1 sentence 2, 3 of minutes have been added in.
§ 44a changes in documents (1) accessories and other, not only minor changes should at the end before the signatures or noted on the edge and especially signed by the notary in the latter case. Is the transcript of a document according to section 9, subsection 1, sentence 2, §§ 14, 37 para 1 sentence 2 added, so changes in the enclosed document need not be signed, when the minutes have been approved.
(2) the notary can be properly obvious mistakes even after completion of the transcript by a supplementary memorandum to be signed by him. The supplementary note is at the end of the captions or on a special, to lay down with the deed to connecting sheet and to provide the date of the correction. The need of a change or correction, arises in addition after the transcript so the notary on this has a special writing to record.
Article 45 handing over of the original (1) remains the single original of the notarial deed, if she do not hand over is in the custody of the notary.
(2) the original copy of a transcript should be handed only if is set out, that is to be used abroad, and agree that all persons may request a copy. In this case, the original is to be located with the seal; In addition, should retain a copy and be noted on her, to whom and why is has been issued to the original. The copy takes the place of the original.
(3) the original of a document which is written in the form of a note is handed over, if not custody is required.
§ 46 substitution of the original (1) is the original of transcript of a completely or partially destroyed or lost and there is reason to replace them, as can be noted on an existing copy or certified copy or a certified copy thereof produced, that it takes the place of the original. The notice can be connected with the certification endorsement. He is expected to indicate place and time of the exhibition, and must be signed.
(2) the original is replaced by the body, which is responsible for providing a copy.
(3) before the replacement of the original, the debtor should be heard if he has subjected to in the deed of immediate enforcement. By the replacement of the original persons who may request a copy, should be notified unless they determined without significant difficulty.
§ 47 copy the copy of the transcript represents the original in legal relations.
Section 48 competence for issuing the copy the copy granted unless nation - or regulated otherwise determined, the authority, which kept the original. Is kept the original of a court, so the Registrar granted making out the Office.
Paragraph 49 form of execution (1) making out is a copy of the original, which is provided with the notice of copy of. She should be referred to as registration in the heading.
(2) the notice of copy of should specify the date and the place of issuance, call the person who issued the copy, and confirm the conformity of the copy with the original. It must be signed and the seal of the issuing authority.
(3) be copies of documents with the copy with string and embossing seal or they are on the same sheet, with this as the copy notice; is sufficient for the certification of copies of this This 2 should be moved according to § 42 para 3 and, if the documents of which copies are made, be kept together with the original copy of the executed document also according to § 42 para 1.
(4) on the original should be noted, who and a copy has been granted what days.
(5) the copies may also in part be granted upon request. § 42 para 3 shall apply accordingly.
§ 50 translations (1) a notary may the German translation of a document with the certification of the correctness and completeness provided, if he has the certificate itself in foreign language or is responsible for providing a copy of the transcript. Section 39 applies to the certificate accordingly. The notary will only grant the certificate if he is sufficiently knowledgeable of the foreign language.
(2) a translation which is provided with a certificate referred to in paragraph 1 is complete and correct. The rebuttal is permitted.
(3) of such translation, copies and transcripts can be granted. The translation should be stored in this case together with the original.
Everyone who has requested the inclusion of the Charter, as well as the legal successor of such persons require § 51 legal copies, transcripts and insight (1) copies can each, which issued a statement on its own behalf or in whose name issued a statement is been, 2nd in other writings 1 what writing about declarations of intent.
(2) the persons referred to in paragraph 1 can determine otherwise in writing or by special declaration to the competent authority.
(3) a person who may request copies, is also entitled to demand simple or certified copies, and to see the original.
(4) disclosure requirements, existing courts or authorities on the basis of legislation against, shall remain unaffected.
§ 52 enforceable copies of enforceable copies are issued according to existing regulations.
§ 53 are been notarized declarations of intent filed with the land registry or the registry Court, to submit at the land registry or the registry Court are, as the notary should do so as soon as the certificate may be filed, except that everyone together require something else; the notary shall indicate hazards associated with a delay.
Section 54 (1) appeals against the refusal of the grant of the enforcement clause or an official act after the sections 45, 46, 51, as well as against the substitution of a single original is the appeal.
(2) the provisions of the law on the procedure in family matters and in matters of voluntary jurisdiction relating to the appeal proceedings. A civil division of the District Court in whose district the body against which the complaint is directed is established shall decide on the appeal.
Fifth section custody § 54a request for custody (1) which allowed notary cash for storage or for delivery to third parties not accept.
(2) a notary may only accept cash for safekeeping, if 1 this is a justified interest for security of persons involved in the custody business, 2. a request for custody connected him with a storage statement, in terms of mass and their returns the instructional, the beneficiaries as well as the temporal and factual conditions of detention and the payment conditions are determined 3. He accepted the request for custody and custody statements.
(3) a notary may only assume the custody application if the custody statement meets the needs of a proper business transactions and a proper enforcement of the custody, as well as the security interests of all persons involved in the custody business.
(4) the statement of custody and their amendment, supplement or revocation must be in writing.
(5) on the custody order, the notary has to note the adoption date and signature, if the custody statement not subject to a transcript (§§ 8, 36), who has recorded it or its officially appointed representative.
(6) paragraphs 3 to 5 shall apply mutatis mutandis for trust contracts issued by the notary in connection with the implementation of the underlying of the custody business of people that are not involved in this.
§ entrusted funds immediately to feed a special account for foreign funds (Nota margin account) 54 (b) implementation of custody (1) which has a notary. The notary is obliged to a certain type of plant only when a corresponding statement of the parties involved. Foreign funds as well as their income is also temporarily allowed on an other account of the notary or a third party.
(2) the Nota edge account must be set up at a credit institution authorised in the country to conduct business or the German Central Bank. The Anderkonten should be set up at credit institutions in the Office of the notary or the adjacent district of the same Court of appeal district, if the statement does not explicitly something else is provided or an other handling is objectively. A separate escrow must be run for each Verwahrungsmasse, Sammelanderkonten are not allowed.
(3) via the Nota margin account may only the notary personally, its officially appointed representative oder of the notary's Office Manager have. Sentence 1 applies responsible notary with the file storage in accordance with article 51, paragraph 1, sentence 2 Accordingly, as far as the power of disposal of Anderkonten has been transferred to him. The land Governments or the bodies designated by them are authorised to determine that provisions must be carried out by an appropriately authorised other notary by regulation. Orders should be made only this writing named third-party feed amounts immediately the person or one of. You are basically perform in cashless payment transactions, unless special legitimate interests in cash or by cash or cheque areas the payment of those involved. The reasons for a cash or cheque payment are to be noted by the notary. The cash or cheque payment is to acknowledge in writing authorized by the legitimate receiver or one by him after identification of the person. Dispositions in favour of private or business accounts of the notary are only for payment of expenses claims from the underlying Office business, stating the purpose and only permissible, if this a notarial cost accounting, is received by the debtor of the costs and payment maturity of the held amount in favour of the debtor of the costs is given.
(4) the custody should be carried over several Anderkonten when this is objectively and is expressly determined in the statement.
(5) checks to be cashed immediately or charged, unless otherwise specified in the instructions. The equivalent is to deal with paragraphs 2 and 3.
§ 54c revocation (1) the written revocation of a statement the notary has to observe, as far as he not violated existing obligations by third parties.
(2) the statement of custody of several instructional is granted, the revocation is so beyond just to be aware of when he is done by all instructional.
(3) the revocation is carried out pursuant to paragraph 2 by all instructional and is he founded it, that lifted the legal relationship carried with the storage, ineffective or reverse, should refrain from the notary of any disposition of the custody of goods. The notary should inform all persons involved in the custody business in the sense of § 54a thereof. The withdrawal is however irrelevant, if 1 is a subsequent matching statement 2. the mere can prove a notary within a reasonable period of time to be determined by the notary, that legal proceedings to establish a matching statement is sub judice, or 3. the notary is proved, that the pendency of proceedings initiated for number 2 is omitted.
(4) the custody statement can contain from paragraphs 2 and 3, deviating or supplementary regulations.
(5) section 15, paragraph 2, of the Federal notarial regulations remains unaffected.
§ 54 of the notary has reticle payout to refrain from payment and to inform all persons involved in the custody business in the sense of § 54a thereof if sufficient 1 evidence, that he is complying with the irrevocable instructions to achieve unlawful or dishonest purposes would contribute, or 2. an irreparable damage recognizable threatens a contracting entity within the meaning of § 54a by the payment of money held.
section 54e safekeeping of securities and valuables (1) shall apply the sections 54a, 54 c and 54 for the safekeeping of securities and valuables.
(2) a notary is entitled to give securities and valuables and a bank within the meaning of § 54A para 2 in custody, and shall not be obliged to manage securities, unless otherwise provided in the storage instructions from him.
Sixth section concluding provisions 1. relation to other laws a) Federal law § 55 - article 56 elimination of double responsibilities (1) & (2) (Amendment Regulations) (3) in section 1410, 1750 of the civil code the words "before a court or before a notary" shall be replaced by the words "to the transcript of a notary". Section 2356 paragraph 2 sentence 1 of the German civil code remains unaffected.
(4) even if other provisions of existing federal law provide for the judicial or notarial attestation or certification or declaration before a court or notary, the notary only is responsible.
§ 57 - section 58 certifications does not apply under the civil status act this Act for certifications under the civil status Act.
Section 59 unless otherwise defined in this Act, federal legislation about certification without prejudice to permanent federal law untouched.
(b) national law § 60 - sec. 61 following national regulations remain unaffected lasting land rights (1) without prejudice to the competence of the notary unaffected: 1. rules on the certification of voluntary auctions; This does not apply to the voluntary auction of land and land rights;
2. rules concerning the competence for establishing inventories, inventories, estate directories and other asset directories, as well as to cooperate in taking such assets directories;
3. regulations, according to which the bailiffs are responsible to accept Bill of Exchange or cheque protests, as well as to document the actual offer of a performance;
4. regulations, according to which the local courts are responsible outside pending proceedings to document the statements of witnesses and the opinions of experts, swearing and affidavits of such persons;
5. regulations, according to which certifications in terms of ' fideikommiss ', a court is responsible for that, can be performed by an authorized or requested judge;
6. specifications, after which the Board members of the surveying authorities leading the official directory within the meaning of section 2 para 2 of the land order, and the officials appointed by the boards of these authorities are responsible, to authenticate requests of the owner on unification or Division of land or to authenticate;
7 relating to the certification of the establishment of fixed landmarks (demarcation);
8 relating to the documentation of facts that are detected in the land surveying investigations by authorities, publicly appointed surveyors or Markscheider;
9 relating to certifications in Gemeinheitsteilungs - and agricultural legal replacement procedures including the pension takeover and retirement estate proceedings;
10 rules on certification in the refund procedure;
11 relating to the certification of official signatures for the purpose of legalization;
12 rules on certification in terms of religious disaffiliation.
(2) on the basis of these reservations, certification responsibilities may not be transferred the courts.
(3) on the basis of other federal legal reservations 1 can the competence of notaries public for public certification (section 20 of the Federal notarial regulations) are not restricted, not be determined 2, other notaries or other bodies are responsible for public certifications in addition to the notary, and 3 no provision be made, which precludes the legislation of the first to the fourth section of this Act.
(4) the rules on the certification responsibilities of the Council clerk and other aid officials of the land registries in Baden-Württemberg, in particular article 6 of the Baden land execution act as amended by the notice of 13 October 1925 (Badisches law and regulation sheet S. 296) and article 32 para 1, article 33, 34 of the Württemberg execution law to the civil code and other Reich justice laws of 29 December 1931 (Württembergisches Official Gazette, p. 545) , remain unaffected. These regulations can be repealed by the competent bodies, amended or replaced by provisions of relevant content, that apply uniformly to the Baden-Württemberg; While the certification responsibilities, not beyond the level may be extended in the right areas of the country already in place at least in one; section 36 of the registrars Act shall apply mutatis mutandis. Does not affect the rules according to which decisions taken by the notaries of district of, Council clerk, and other aid officials of the land registries in the cases of § 54 the District Court can be called stay also.
§ 62 jurisdiction of district courts, delivery (1) without prejudice to the competence of other bodies are the courts responsible for the certification of 1 returns on the recognition of paternity, 2. obligations the fulfilment of maintenance of a child, 3. obligations to meet maintenance payments after section 1615 l of the civil code.
(2) the delivery of certificates, which have an obligation pursuant to paragraph 1 No. 2 or 3 to the subject, can be performed also by the fact that the debtor is given a certified copy of the certificate issued; § 173 set 2 and 3 of the code of civil procedure shall apply mutatis mutandis.
§ 63 of which are countries authorized by law to transferred responsibility for public attestation of copies or signatures of other persons or bodies.
Article 64 notaries public in Baden-Württemberg notary in the meaning of this Act is also notary ordered by the Baden State law on voluntary jurisdiction and notary of the district. Such notary § 3 ABS. 1 not alone for this reason applies to no. 8 in Affairs of Baden-Württemberg, because the notary in a service relationship with this country.
(c) official certification section 65 this Act does not apply to official certification that an administrative authority for the purposes of the administrative procedure or for any other purpose for which a public notarization is not compulsory, testifies the authenticity of a signature or a hand sign or the correctness of the copy of a certificate that is not issued by an administrative authority. The authenticity of this official certification is limited to the purpose referred to in the notice of certification. The power of administrative authorities, to certify copies of their own documents or other documents administrative authorities in this prescribed form with full probative, remains unaffected.
(d) affidavits in administrative procedures section 66 this Act does not apply to the recording of documents insurance policies in administrative procedures.
(e) the federal or regulated prescribed by suppression of the official seal when explanations legal persons of governed by public law explanations legal persons of the public law section 67 is replaced by public notarization.
(f) already built documents section 68 (1) sections 45 to 49, 51, 52, 54 of this Act also apply to documents that have been built before the entry into force of this Act. This also applies if the certification authority has been removed.
(2) before issuing a transcript issued the entry into force of this Act is regarded as effective from the outset if it satisfies the provisions of this Act.
(3) § 2256 ABS. 1, 2 of the Civil Code also applies to wills that have been built before the entry into force of this Act before a judge.
(g) references section 69 as far as entering the corresponding provisions of this Act laws or regulations by this law is repealed or amended legislation referred to, in its place.
2. validity in Berlin article 70 this Act applies in accordance with § 13 ABS. 1 of the third of transfer Act of January 4, 1952 (Bundesgesetzbl. I p. 1) also in the Federal State of Berlin.
3. entry into force of § 71 this Act into force on January 1, 1970.
Concluding formula the constitutional rights of the Baden-Württemberg under article 138 of the basic law are maintained.
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