Federal Notarial Regulations

Original Language Title: Bundesnotarordnung

Read the untranslated law here: http://www.gesetze-im-internet.de/bnoto/BJNR001910937.html

Federal notarial regulations (BNotO) BNotO Ausfertigung date: 13.02.1937 full quotation: "Federal notarial regulations published in the in the Federal Law Gazette Part III, outline number 303-1, most recently by article 136 of the regulation of 31 August 2015 adjusted version, (BGBl. I p. 1474) is has been modified" status: last amended by article 136 V v. 31.8.2015 I 1474 for details on the stand number you see in the menu see remarks footnote (+++ text detection from validity: 24.8.1975 +++) (+++ requirements for beigetr.) (Part of the Land Berlin cf. BNotO annex EV +++) the G does not apply in the Karlsruhe of district of Oberlandesgericht gem. § 115, sentence 1.
The G is in the joined five countries (art. 1 para. 1 EinigVtr) by way of derogation from Encl. I Cape. III Sachg. A section I no. 8 EinigVtr v. 31.8.1990 in conjunction with art. 1 G v. 23.9.1990 II 885, 921 in accordance article 13 para 1 to accordance with d. 2-11 G v. extension I 2585 mWv 8.9.1998 I (BNotOuaÄndG 3) entered into force. It is accordance with appendices I Cape. III Sachg. A section IV No. 1 lit. (b) EinigVtr in the joined part of the Land Berlin with stipulations.

Table of contents part one: The Office of the notary 1 section: order to the notary of sections 1 to 13 section 2: performance of the duties of §§ 14-19a 3 section: the duties of §§ 20 to 24 section 4: other duties of the notary §§ 25-32 (dropped out) articles 33 to 37 article 5: absence and prevention of the notary. Deputy sections 38 to 46 6 section: termination of the Office. Preliminary impeachment. Notary acting §§ 47 to 64 7 section: General rules for the administrative procedure § 64a second part: notarial Chambers and Federal Chamber of notaries 1 section: Notary Chambers sections 65 to 75 section 2: Bundesnotarkammer sections 76 to 91 third part: supervision. Disciplinary proceedings 1 section: supervisory sections 92 to 94 part 2: disciplinary sections 95 to 110a part four: transitional and final provisions articles 111 to 119 of first part the Office of notary 1 section order 1 as to the notary § independent holders of a public office for the certification of legal processes and ordered other tasks in the field of preventive justice in the countries notaries.

§ 2 the notaries are subject to, as far as nothing else is determined, only the provisions of this Act. You lead an official seal and carry the official title of notary or notary. Her profession is not a commercial.

§ 3 (1) notaries are appointed as the full-time duties on lifetime.
(2) in the court districts, where on April 1, 1961 the Office of notary public only in the secondary activity is exercised, still only lawyers for the duration be ordered its membership of the responsible for the judicial districts Chamber of lawyers as notaries of to concurrent duties in addition to the profession of lawyer (Attorney-notary).
(3) (dropped out) footnote § 3 par. 2: does not apply in the Länder of Hamburg and Rhineland-Palatinate pursuant to article 116 paragraph 2; idF d. art. 3 No. 1 G v. 26.3.2007 I 358 mWv 1.6.2007 § 4 there are ordered so many notaries, as it complies with the requirements of a proper administration of Justice. This is in particular the need for a reasonable supply of the party with notarial services and respect for the children age composition of the profession of notary to take into account.

§ 5 as a notary may only be ordered, who has obtained the qualification to the judicial office under the German judiciary Act. The vocational qualification assessment Act is not applicable.

Only such candidates are § 6 (1) to order that are suited to their personality and their services for the Office of the notary to notaries. Not for the first time ordered candidates to notaries when they have reached their 60th year at the application deadline.
(2) in the case of the article 3 par. 2 shall be appointed as a notary public only, who can prove that he at the application deadline 1 was active at least five years to a not inconsiderable extent for different clients as an attorney, 2. carries out the activity referred to in point 1 for at least three years without interruption in the operational area envisaged, has passed the notarial examination according to § 7a 3 and 4 from the following on the existence of the notarial examination calendar year in the circumference of at least 15 Time hours annually took part in specific notary training courses conducted by the notarial associations or professional organizations.
Before ordering to the notary, the applicant has in addition to prove that he is sufficiently familiar with the notarial professional practice; This proof is to be provided in General as a result that the applicants pass through practical training after passing the notary examination 160 hours in a notary, notarial Chamber competent for the Office sector envisaged to determine. The practical training can be shortened up to 80 hours if the applicant can prove comparable experiences as representatives of the notary or notarial administrator or through the successful participation of the notarial Chambers or professional organisations carried out practical courses. The notarial Chamber in a training procedure which require the approval of the land administration of Justice governs the details of the sentences 2 and 3. On the activity pursuant to sentence periods under paragraph 4 and times of a temporary waiver for the admission to the legal profession because of pregnancy or care of a child or a dependent family member count on request 1 No. 1 up to the period of twelve months. Interruptions of the activities pursuant to sentence 1 No. 1 and 2 on the basis of events of daily life remain unconsidered. Not as an interruption of the activity to set the times mentioned in clause 5 apply 1 No. 2 for a period of up to twelve months.
(3) the order when choosing among several suitable candidates depends on the personal and the professional competence, taking into account the State exam final legal education and the services shown in preparation for the notarial profession. In the case of § 3 para 1, the duration of the candidate service is appropriate to take into account. In the case of § 3 para 2, the professional competence is assessed points; the number of points is determined to 60 per cent according to the result of the notarial examination and to 40 per cent after the results of State audits final legal education, if not for a candidate, the notary is or was, in some cases after hearing of the notarial Chamber exceptionally special circumstances primarily identifying professional competence are taken into account. With equal number of points is usually the result of the notarial examination.
(4) the land Governments are authorized by Legislative Decree provisions relating to the transfer of military and substitute service times, times of a prohibition of employment after maternity leave rules and periods of leave of absence because of recourse to parental leave on the duration of the candidate service pursuant to paragraph 3 sentence 2, as well as a renewed order about the time of a temporary resignation pursuant to § 48 b on the previous duties to meet. You can transfer the authorization by a regulation on the land justice administrative authorities.

Section 6a of the order must be denied if the applicant proves that professional liability insurance (article 19a) there is, nor shall submit a provisional cover.

§ 6 b (1) candidates are bidding to determine; does not c when ordering again after a temporary resignation pursuant to § 48.
(2) the application must be submitted within the deadline set in the tender or announced by the land administration of justice generally.
(3) an applicant was through no fault of his unable to meet the deadline, is it on request to grant restitutio in integrum. The application is two weeks after removal of the obstacle to make. The facts in support of the application are credible. The application is to do within the application deadline.
(4) in selecting among several candidates according to § 6 paragraph 3 are just such circumstances to take into account that exists at the application deadline. The land administration of Justice can determine a this different time for the case of article 7, paragraph 1.

§ 7 (1) to the full-time duties as a notary public (section 3 para 1) should usually only be ordered, who did a three-year candidate service as notary assessor and is located in the candidate service of the country in which he promotes the order.
(2) the selection among several suitable candidates for inclusion in the candidate service is according to the personal and professional fitness, focusing on the services in the State exam final legal education. Applicants must be by invitation to tender; § 6 shall apply accordingly b para 2 to 4. You can be determined also by the fact that the land administration of Justice allows them entry in a continuously-run list of candidates for a certain duration. The leadership of such a list is generally to announce.
(3) the notary assessor appointed by the land administration of Justice after consulting the Chamber of notaries. The President of the Chamber of Notaries will transfer to a notary the notary assessor. He bound the notary assessor by hand blow to scrupulous fulfilment of the obligation.
(4) the notary assessor stands during candidate service in a public service relationship with the State. He has same general office duties and other obligations such as the notary with the exception of § 19a. He receives, that to compensate where a judge on trial are from the time of the assignment off for the duration of the candidate service by the Notary Chamber. The notarial Chamber shall issue directives for this purpose and in general or in a particular case determines whether and to what extent the notary, the notary assessor is transferred is obliged to you for the reimbursement of the salary.
(5) the notary assessor is to deal with by the notary in accordance with the purpose of the service of the candidate. The State Government or the Office certain of her meets the detailed provisions on the training of the notary assessors by regulation.
(6) the candidate service ends 1 with the order to the notary, 2 with the discharge from the service.
(7) the notary assessor is to dismiss from the service when he applied for his release. He can be released if he to order for the notary as unsuitable turns 1, not to exceed 2 without reasonable grounds within one of the land administration of Justice period specified, the two months, has not approached the candidate service, 3. after three-year candidate service without sufficient reason to a notarial position offered to him by the land administration of Justice not applying, which previously has been written off and that could not be filled due to lack of suitable applicants.

Section 7a (1) to the notary examination is approved at the request of, who is admitted to the legal profession for three years and the conditions for the appointment of a notary in accordance with § 5 meeting.
(2) the notary examination for the detection, that and to what degree, a lawyer for the exercise of the notary office as Attorney notary is technically suitable. It is divided into a written and an oral part.
(3) the notarial examination serves the best selection. The uniformity of the testing requirements and performance evaluation is to ensure. The test can be performed in various locations.
(4) the examination syllabus for the written and the oral examination includes the entire range of notarial duties. The examination areas regulates the Federal Ministry of Justice and consumer protection by means of an Ordinance which require the consent of the Federal Council.
(5) by the individual examiners to be reviews and the formation of the check total note the sections 1 and 2 of the regulation on a note and point scale apply for the first and second State examination in law of December 3, 1981 (Federal Law Gazette I p. 1243) accordingly.
(6) the written test is with a share of 75 per cent, the oral test with a share of 25 per cent when the result of the notarial examination to take into account. The notary examination is considered passed if the DUT has reached at least the score of 4.00.
(7) has been failed the test or fail explains, can they even be repeated. A passed exam can be repeated once after three years from the notification of the decision on the outcome of the notarial examination at the earliest with the aim of improving touch.

§ 7b (1) the written exam consists of four five-hour supervisory work. Is determining whether the candidate has acquired the expertise required for the notarial activity and whether he is able to draw up a legally correct and functional solution for tasks of notarial practice in limited time with predefined tools.
(2) each supervisory work is evaluated successively by two examiners. The names of the examinees may be not known to the reviewers prior to the conclusion of the assessment of supervisory work. At least a law notary should participate in the correction of edits of each task. The reviews of supervision work to no more than three points vary, the average is considered. Can unite the examiner at larger deviations or approaching to within three points, so decides an additional auditor; He can opt for the evaluation of auditor or set a number of points between the reviews.
(3) the reviews of supervisory work will be announced the candidate with the summons to the oral exam. Evaluated more than a supervisory work with less than 4.00 points or the overall average of all supervisory work under 3.50 points, the examinee of the oral exam is excluded and has not passed the notarial examination.

§ 7c (1) the oral examination includes a lecture to a legal challenge and a group discussion, which should have different inspection areas to the subject. The interview should take an hour per sample about. Usually, no more than five test specimens should be examined at the same time. In the oral examination the examinee in addition to his knowledge should prove especially, understand to perform a notary of if inspection and notification duties correctly - and situation.
(2) the oral examination will be removed by an Audit Committee consisting of three Auditors. You must be present during the entire exam. Appointed Inspector chaired a on proposal of the land justice administrations are ordered in their area of law notaries. Attorney notary to be a tester.
(3) in the case of the oral exam can representatives of the notarial Chambers, the Federal Chamber of notaries, the examination Office, the Federal Ministry of Justice and be present for the land justice administrative authorities and consumer protection. The examination Office may allow persons who have been admitted to the notarial examination, as a listener. Only the members of the Audit Committee participate in the discussions.
(4) in the oral examination following examiners evaluate the presentation and the discussion in accordance with Section 7a para 5. turnout the reviews each other off, apply the mean value. Then, the Audit Committee announces the reviews to the DUT. A more detailed explanation of the reviews may be required only immediately and is done only orally.

§ 7 d (1) the notice of the result of the notarial examination is to place the test specimen. About passed the notarial professional examination, a certificate is granted the test total score with note name and point value can be seen in the. Repetition of the notarial professional exam is given a certificate only in the case of touch improve.
(2) the head of the Audit Office decides whether a contradiction.
(3) (dropped out) section 7e (1) the test is considered to fail, if the DUT without sufficient excuse resigns after the admission to the test, a supervisory work not or not timely emits or the date for the oral exam is not or not timely.
(2) who can prove, that was prevented from not to reason from one by him, to make one or more supervisory work or to submit in a timely manner, can again customize the missing supervisory work; without prejudice to the inspection services already provided. Who can prove that he fully or partially failed the oral exam for a reason for which he does not, can do this.

a specimen that is result of the notarial examination using unauthorized AIDS, improper help to influence third parties or other deception, so to assess the affected examination performance with zero points tried paragraph 7f (1). In the case of serious or repeated deception attempt is the entire notarial examination fail to explain.
(2) a serious attempt of deception is known after the promulgation of the check total note, the affected notarial examination fail can be explained.
(3) an examinee who significantly violates the order, can be excluded from the continuation of production of the supervisory work or the oral exam. The examinee is excluded from the continuation of the making of a supervision work they deemed to be rated with zero points. In the case of a repeated exclusion of preparing a supervisory work or the exclusion of the oral examination the notarial examination is considered to be not passed.

§ 7 g (1) the conduct of the examination is the "examination Office built in the Federal Chamber of notaries for the notarial examination at the Federal notarial Chamber" (examination).
(2) the Audit Office decides on the admission to the test, to determine the Auditor including the other auditor (§ 7 para. 2 sentence 5) as well as the examination committees, sets the examination dates, invites the specimens, is the result of the examination certificate, granted, decide about the consequences of a violation of the testing and contradictions in accordance with section 7 d, paragraph 2, sentence 1. The Federal Ministry of Justice regulates the modalities and for consumer protection by means of an Ordinance which require the consent of the Federal Council.
(3) the head of the Audit Office represents the Office in connection with the notarial examination during the administrative procedure and in judicial proceedings. The Director and his permanent representative must have the qualification of judgeship. They be ordered with the agreement of the land justice administrations, in their area of law notaries are ordered, after consulting the Federal notarial Chamber by the Federal Ministry of Justice, and for consumer protection for the period of five years. A new order is possible.
(4) in the case of the examination, a task Commission is set up. You determines the tasks for the written examination, decides on the legal tools and developed proposals for the oral tests. The members of task must have one of the in paragraph 6 1 listed qualifications have set. They are ordered by the head of the Audit Office in consultation with the Board of Directors for a period of five years. A new order is possible. The task Committee receive an equitable remuneration for their work.
(5) in the case of the examination, a Board is set up. He exercises the supervision over the head of the Audit Office and the Commission of the task. The Board of directors consisting of one of the Federal Chamber of notaries and three by mutual agreement of the land justice administrations, in their area of law notaries are ordered, designated members a by the Federal Department of Justice and Consumer Affairs.
(6) to auditors are appointed by the examination Office for a period of five years: 1. judges and officials with the qualification of judgeship, even after retirement, on a proposal from the Federal Ministry of Justice, and for consumer protection and of the land justice administrations are ordered in their area of law notaries, 2. notaries and notary service on proposal of the notarial Chambers and 3 other persons, an qualifications equivalent of the persons referred to in paragraphs 1 and 2 have , in consultation with the Federal Department of Justice and Consumer Affairs and the land justice administrations, be ordered in their area of law notaries.
A new order is possible. The order may be revoked for cause. The examiner excrete with age of 70 years; Participation in opposition proceedings remains unaffected.
(7) the Auditors are factually independent and not bound by instructions on examination decisions. In addition, they are subject in their capacity as auditors of the supervision of the Audit Office. They receive reasonable remuneration for their work.

§ 7 h (1) for the examination and for the unsuccessful opposition proceedings are to pay fees to the Federal Chamber of notaries. Admission to the examination only occurs when the Federal Chamber of notaries, the examination fees have been received. Withdraw the candidate prior to the examination, the fee for the examination for three quarters will be refunded. The applicant resigns to the end of the processing time for last supervisory work, is to reimburse the fee in half. A refund of fees in the case of article 7f is excluded.
(2) the Federal Chamber of notaries determines the amounts of the fees referred to in paragraph 1, the details of fee collection, as well as the remuneration of the Director and the staff of the examination Office, the members of the task Commission and the investigator by statute, that the approval of the Federal Ministry of Justice and the need for consumer protection.

§ 7i the Federal Ministry of Justice and for consumer protection, details of the Organization and the business process of the examination Office, the selection and the appointment of the Auditor, the examination procedure and the procedure for decision-making in the Board of Directors governs by decree with the consent of the Federal Council.

§ 8 (1) the notary must not at the same time be holder of a salaried office. The land administration of Justice may allow at any time revocable exceptions in individual cases after hearing of a notarial Chamber; the notary may not personally perform his duties in this case.
(2) a notary may exercise no other profession; § 3 par. 2 shall remain unaffected. The Attorney notary may exercise the profession of patent attorney, tax consultant, auditor and sworn auditor at the same time.
(3) a notary needs the approval of the supervisory authority 1 to take of a sideline against remuneration, especially to industrial or commercial activity, 2 entry in the Management Board, supervisory board, Board of directors or in an other organ of company acquisition-oriented, cooperative or an economic enterprise operated in a different legal form.
The approval is to fail when the occupation pursuant to sentence 1 with the public office of the notary is not compatible or may endanger the trust in his independence or impartiality. Before deciding on the authorisation of the Chamber of notaries is to listen to. The approval can be associated with requirements or limited.
(4) the acquisition of the Office as executor, liquidator, referee or guardian or a similar governmental arrangement based position as well as a scientific, artistic or lecturing is do not require authorization.

Notaries ordered § 9 (1) to the full-time duties may only connect to notaries appointed to the same Office to common practice or with them have common premises. The land Governments or the bodies designated by them be empowered to take account of the requirements of a proper administration of Justice, in particular in regard to the local needs and habits to determine by regulation 1 that connect to common practice or a sharing of premises pursuant to sentence 1 only with the authorization of the supervisory authority, which may be connected or limited editions , and is allowed after consulting the Chamber of notaries;
2. the requirements of the common exercise of the profession or the sharing of premises, in particular to the maximum number of participating professionals, as well as the requirements for the establishment, management, continuation and termination of the connection to the common professional practice or use of common premises.
(2) law notaries may not only with each other, connect with other members of a Chamber of lawyers, patent attorneys, tax consultants, tax agents, accountants and sworn auditors to common practice or with them have common premises.
(3) the connection to common practice or the sharing of business premises is allowed only as far as this personal and responsible leadership, independence and impartiality of the notary is not affected.

Article 10 (1) a certain place as the seat is assigned to the notary. In cities of more than one hundred thousand inhabitants a certain district or district can be assigned to the notary as the seat. The seat may be laid in accordance with the interests of a proper administration of Justice after consulting the Chamber of notaries with the consent of the notary. For the assignment of other official seat on the basis of disziplinargerichtlichen judgment there is no need of a notary.
(2) the notary has to keep its Office headquarters. He has his apartment to take that he is unaffected in properly carrying out his official duties the supervisory authority may instruct him to take his place at the official residence, if this is necessary in the interests of Justice. Attorney Notary Office and the firm must match fixed according to article 27, paragraph 1 of the Federal legal order.
(3) a notary shall keep his Office during normal business hours.
(4) can be made compulsory a notary to entertain multiple offices; He is not authorized without the approval of the supervisory authority. The same goes for holding foreign teacher years. The approval can be associated with requirements and granted with the proviso of cancellation and temporary. Prior to issuing or repealing the approval is the Notary Chamber.

Article 10a (1) of the Office area of the notary is the District of the District Court, where he has his official residence. The land administration of Justice can set according to the requirements of a proper administration of Justice, the limits of the Office area in general or in individual cases with the assignment of the official seat different and change such provisions, in particular to adapt to a change of judicial districts.
(2) a notary to exercise his Urkundstätigkeit (sections 20 to 22) only within the scope of his Office, unless special legitimate interests of the party Territories be a working outside of the Office.
(3) outside the Office, the notary of the supervisory authority has Urkundstätigkeiten or after the determination of a notarial Chamber, he is a member, to inform without delay, stating the reasons.

Section 11 (1) of the District of the notary is the higher regional court district, where he has his official residence.
(2) a notary may only perform Urkundstätigkeiten outside his district, danger in arrears or it has approved the supervisory authority.
(3) a violation will not affect the validity of the Urkundstätigkeit even if the notary takes the Urkundstätigkeit out of the country, where he is appointed as a notary.

§ 11a which is notary empowered to support a notary at whose request ordered from abroad for its office operations, to go where conflict the provisions of the State concerned for this purpose in the foreign country. He has the duty incumbent under German law to be observed. A notary public appointed abroad must provide collegial assistance only at the request of a domestic notary in the territorial scope of this Act; Sentence 1 shall apply accordingly. This has the applicable to a German notary duties to observe.

§ 12 
Notaries are appointed by the land administration of Justice after consulting the notarial Chamber by handing a warrant issued. The certificate shall refer to the district and the Office of the notary and specify the duration of the order (article 3 para. 1 and 2).

Article 13 (1) after delivery of the warrant issued the notary has to make the following oath: "I swear by God, the Almighty and all-knowing, to uphold the constitutional order, and conscientiously and impartially to discharge the duties of a notary, so help me God!"
The oath has been provided by a notary public, the words "a notary public" will appear in place of the words "notary".
(2) the members of a religious society, a law allows to use "I swear", in place of the words other affirmation formulas of the notary, who is a member of such a religious society, can speak this asseveration formula. The oath can be made without a religious affirmation.
(3) a notary shall take an oath before the President of the District Court, where he has his official residence. Before the oath he should take no official action.
2 section performance of the duties of section 14 (1) of the notary has faithfully to administer his Office his oaths. He is not representative of a party, but independent and impartial supervisor of those involved.
(2) he has his duties to fail when she would be incompatible with his official duties, in particular if its participation in actions is required that clearly illicit or dishonest purposes.
(3) a notary has through his behavior inside and outside his Office of respect and trust, which are the notary office, to show worthy. It created to avoid any behavior that seems of a violation of the obligations imposed on it by law, in particular the appearance of dependency or partiality.
(4) a notary is there apart from the him prohibited by law brokering assigned to, to provide loans and land transactions, to participate in any kind of mediation by Urkundsgeschäften or to take over a guarantee or any other warranty relating to an official act. He has to ensure that the persons employed by him not dealing with such transactions.
(5) a notary may enter into any act incompatible with his Office company involvement. It is especially forbidden to participate in a society that paragraph 1 of the Gewerbeordnung performs an activity within the meaning of § 34 c, as well as a tax or accounting firm him when he alone or together with the people, to which he himself pursuant to § 9 connected or with whom he has shared premises, directly or indirectly exercises a dominant influence.
(6) the notary has to the extent necessary for his duties to train.

The notary may refuse his Urkundstätigkeit not without good reason to § 15 (1). He is not obliged to a document in a language other than German.
(2) against the refusal of the head - or any other activity of a notary, the appeal takes place. Appellate court is a Civil Chamber of the District Court in whose district the notary has his official residence. The provisions of the law on the procedure in family matters and in matters of voluntary jurisdiction shall apply for the procedure.
(3) in derogation from paragraph 1 and 2 the notary may refuse to para 4 of the certification law his duties in the cases of § 39a, 42, as far as he does not have the necessary technical facilities. The notary must have at least a facility not later than as of April 1, 2006, the procedure allows pursuant to sentence 1.

Section 16 (1) as far as it is not in official activities of the notary deeds according to the certification law, applies section 3 of the notarisation act according to.
(2) a notary may include the performance of the duties of partiality.

Article 17 (1) who is a notary is obliged to charge the statutory fees for his services. As far as non-statutory regulations stipulate the fee waiver or discount or the waiver of costs due to incorrect treatment of the thing, waiver and fee reductions are allowed only if they are offered by a moral obligation or on consideration to be the decency and the notarial Chamber has approved in general or in individual cases. These take the place of the notarial Chambers in the fields of activity of the notary office and the State notary office. Promise and grant of benefits in connection with official business, as well as any participation fees of third parties is not permitted.
(2) the notary has one of the parties, which according to the rules of civil procedure legal aid to grant would be provisionally free of charge or against payment of fees in monthly instalments to grant his Urkundstätigkeit by analogy with application of the rules of civil procedure.

Article 18 (1) a notary is obliged to maintain confidentiality. This obligation refers to everything that has become known to him in performance of his duties. This does not apply to facts that are obvious or require their importance for any secrecy.
(2) the obligation of confidentiality shall not apply if parties exemption from this grant; an actor died or a statement by him not or only with disproportionate difficulties obtaining, so may grant the exemption the supervisory authority in its place.
(3) the duty to maintain secrecy in doubt in individual cases, so, the notary can seek the decision of the supervisory authority. As far as this negates the duty, can this that the notary public has expressed, claims against him not be inferred.
(4) the duty of confidentiality remains even after the expiry of the Office.

The notary violated article 19 (1) intentionally or through negligence the duty over another which he, so he has the resulting damage to replace this. The notary is only negligence, so he can be taken only in claims, if the injured person otherwise able to obtain replacement; This does not apply the but for official transactions in §§ 23, 24 described species in the relationship between the notary and the principal. In addition, the provisions of the civil code on liability to provide compensation in case of a breach of official duty committed by a civil servant according to are applicable. A liability of the State in place of the notary does not exist.
(2) a notary assessor independent completion of a business has been in §§ 23, 24 designated type a violation committed, shall be liable in appropriate application of paragraph 1 the notary business to independent registration had left him, he is liable in addition to the assessor severally; the relationship between the notary and the assessor alone undertakes the assessor. A liability of the State is not justified by the service relationship of the assessors to the State (§ 7 para 3). The assessor as a representative of the notary has worked exclusively responsible, so determined the liability are the regional courts without regard to the value of the dispute pursuant to § 46 (3) claims for compensation according to paragraph 1 and 2.
Footnote article 19: Amendment by G v 26.6.1981 I 553, com. BVerfGE v. 19.10.1982 I 1493 with article 70 GG incompatible and therefore void § 19a (1) who is a notary committed to maintain professional liability insurance to cover the risks of liability for damage to property, arising from its work and the activities of persons, for which he is liable. The insurance must be taken at an insurance undertaking authorised in the country to conduct business to the insurance policies submitted under the insurance supervision Act. The insurance must be for all liability risks to be insured pursuant to sentence 1 and apply for each individual breach of duty, which could have liability claims against the notary to the result.
(2) the insurance coverage can be excluded from 1 knowingly damages due to breach of duty, 2. claims from activities related to the advice about non-European legislation, unless that is the breach of official duty is that the possibility of the applicability of this law was not recognized, 3. compensation for embezzlement will be taken by staff of the notary, as far as the notary due to negligent breach of its duty to monitor the staff claimed.
If there is a breach of official duty only dispute is whether the cause of exclusion referred to in paragraph 1 exists, and the professional liability insurer therefore rejects the regulation, he has however up to the amount of covers for the insurer, the damages resulting from deliberate action to provide applicable minimum insurance sum. As far as the professional liability insurers will satisfy those entitled to compensation, the claim of the replacement person entitled against the notary, the Notary Chamber, the insurer in accordance with section 67, paragraph 3 goes no. 3 or an other spare entitled him. The professional liability insurers may require the persons for whose obligations he is responsible pursuant to sentence 2, as a mandated reimbursement of expenses.
(3) the minimum insurance sum amounts to 500,000 euros for each insured event. The services of the insurer for all damages caused within one insurance year shall be limited to double the amount of the minimum sum insured. The insurance contract must impose the obligation the insurer, immediately notify the start and the completion or termination of the insurance contract and any change of the insurance contract, affecting the prescribed insurance coverage of the land administration of Justice and of the Notary Chamber. In the insurance contract can be agreed that all breaches of duty at the completion of a uniform official business, like those based on the behavior of a notary or an auxiliary person consulted by him, deemed an insured event.
(4) the agreement of a deductible up to 1 per cent of the minimum insurance sum is allowed.
(5) the competent authority within the meaning of § 117 paragraph 2 of the German insurance contract law is the land administration of Justice.
(6) the land administration of Justice or the Chamber of notary, the notary is a member of the granted to third parties the assertion of claims for damages at the request of information about the name and the address of the professional liability insurance of the notary and the insurance number as far as the notary has no overriding legitimate interest in the non-issuance of report; This also applies if the notary public office expired.
(7) the Federal Ministry of Justice and Consumer Affairs is authorised by decree with the consent of the Federal Council referred to in paragraph 1 otherwise set the minimum insurance amount for the compulsory insurance, if this is necessary to ensure adequate protection of victims at the balance of economic changes.
3 article the duties of section 20 (1) notaries are responsible to carry out certifications of any kind, as well as to authenticate signatures, hand signals, and transcripts. Their tasks include perceived facts including the certification of Assembly resolutions, making raffles and draws, contain asset directories, estate directories and estate inventories, providing estate and total credit disputes including the issuance of certificates for the articles 36 and 37 of the land regulations, establishment and removal of seals, the recording of protests, the delivery of statements and certification officially of them.
(2) notaries are also responsible to accept closures, as well as to exhibit mortgages of part of and basic mortgage notes of part of.
(3) notaries are also responsible conduct voluntary auctions. They should only take an auction of movable property, if it is prompted by the auction of immovable property or by a certified by the notary or mediated assets examination.
(4) the notaries are responsible also to teach according to the provisions of law-cleanup law.
(5) notaries to the establishment and acceptance of seals in a legacy backup procedure are responsible, shall be determined according to the national regulations.

Section 21 (1) notaries are responsible 1 certificates to exhibit a representative authority, and 2 certificates concerning the existence or the seat of a legal person or company, the change of the company, a conversion or other legally relevant facts, if these circumstances arise from a registration in the commercial register or in a similar register. The certificate has the same force of proof as a witness of the Court.
(2) a notary may only issue the certificate if he previously has gained confidence of registration, be based on consultation in the register or a certified copy thereof. He has to specify the day of the inspection in the register or the date on which the copy of the certificate.
(3) notaries are also responsible to issue certificates via a power of representation established by law business. A notary may only issue the certificate if he is previously the authority has verified by inspection of a public or publicly certified power of Attorney certificate of the grounds. The certificate must indicate in any form and on any given day the notary has been the power of attorney document.

Section 22 (1) the loss of oaths, as well as for affidavit questioning notaries are only responsible if the oath or affidavit questioning is required under the law of a foreign State or in accordance with a foreign authority or otherwise the exercise of rights in other countries.
(2) recording documents insurance standing the notaries in all cases, where an authority or other agency an actual claim or statement should be made credible.

Article 23 the notaries are also responsible, cash, securities and valuables that passed them by the parties, for storage or for delivery to a third party to take over; § 54a-54 of the notarisation Act remain unaffected.

Section 24 (1) the Office of a notary belongs also the other care of those involved in the area of precautionary administration of Justice, in particular the preparation of document drafts and consultation of stakeholders. The notary is also, as far as restrictions arising not from other law, authorized to represent the parties before courts and administrative authorities to this extent.
(2) takes a notary, who is a lawyer at the same time, which is acts of the kind referred to in paragraph 1 to assume that he has acted as notary, if the plot is to prepare for official business of the kind referred to in the articles 20 to 23, or perform. In addition, it is to assume in case of doubt that he has acted as a lawyer.
(3) as far as the notary law authorized is to make proposals on behalf of the parties involved in the land registry or the registry authorities (in particular section 15 paragraph 2 of the land order, section 25 of the ship register order, article 378 of the Act on the procedure in family matters and in matters of voluntary jurisdiction), he is also authorized to withdraw the applications provided by him. The Declaration of withdrawal is effective, if it is fitted with the signature and official seal of the notary; a verification of the signature is not required.
4 other duties of the notary section 25 (1) which allowed notary with the qualification of judgeship, career testing for the Office of the notary of the district and graduated as Diplom-jurist only employees section, as far as his personal duties is not endangered.
(2) the land Governments or the bodies designated by them are authorised to determine that the notary only may employ staff with the qualification of judgeship, career testing for the Office of the notary of the district and graduated as Diplom-jurist, if the authority has approved this after hearing of a notarial Chamber to the safeguarding of the interests of a proper administration of justice by means of an Ordinance. The approval can be associated with requirements and granted with the proviso of cancellation and temporary.

Section 26 who has notary formally according to article 1 of the law on obligation to oblige the persons employed by him with the exception of the notary assessors and the trainees assigned to him for training in the setting. This is on the provisions in § 14, subsection 4 and section 18 must be notified. A single employment relationship to several notaries, so it is enough if one of them takes the obligation to.

Section 27 (1) which has notary immediately show a connection to common practice or to the sharing of premises to the regulator and the notarial Chamber. This obligation also applies to professional connections within the meaning of § 3 para 1 sentence 1 No. 7 of the certification law. Name, profession, more jobs and transitory of stakeholders are to display. section 9 shall remain unaffected.
(2) on request, the notary of the regulator and the notarial Chamber shall submit the agreement on the joint exercise of the profession or the sharing of premises.

Section 28 which notary has to ensure respect for the independence and impartiality of his leadership, in particular compliance with the prohibitions on participation and further obligations under the provisions of this law, certification law and judicial and notary costs law through appropriate arrangements.

The notary public has any commercial behavior, refrain in particular a contradictory public office advertising § 29 (1).
(2) an advertisement according to § 8 allowed the notaries in the exercise of its activities may not extend on his practice as a notary public.
(3) an attorney notary, according to § 9 para 3 with not at his official residence, people make connected or with them common premises has its official designation as a notary on printed matter and other documents must specify only if they are sent by his Office out and lead only on the official or name tag that refers to his Office in his official residence. In most used directories, a note on the seat of the AMT is specifying the title to add.
Footnote § 29 para 3 sentence 1: in accordance with the formula in the decision with article 12 paragraph 1 GG incompatible and void gem. BVerfGE v. 8.3.2005 I 1413 - 1 BvR 2561/03 - section 30 (1) the notary has to participate in the training of professional scientists and trainees best efforts.
(2) the notary has to convey a thorough professional training the trainees employed by him.

Article 31 the notary has to colleagues, courts, authorities, to lawyers and other advisors of his clients in the manner corresponding to his Office.

§ 32 which has to keep the Federal Law Gazette Part I, Journal of the laws of the country, the Bulletin of the land administration of Justice and the Federal notarial Chamber announcement sheet notary. Several notaries to joint the profession are connected, the Community reference per piece of is sufficient.

articles 33 to 37 (dropped out) article 5 absence and prevention of the notary. Are the notary for more than a week to remove Deputy section 38 will from his official residence or for more than a week to prevent the performance of his duties, he is actual reasons so he has to show this to the supervisory authority without delay. He needed the approval of the supervisory authority, if the absence should last longer than a month from the Office.

Section 39 (1) which supervisory authority may appoint a representative to the notary on his request for the time of his absence or prevention; the order may be pronounced for the occurring during a calendar year in disability cases also from the outset (Permanent Representative). Usually the duration of one year should not exceed the order.
(2) in the case of the temporary dismissal, a representative of absence request can be ordered. This also applies if a notary fail to do, to apply for the appointment of a representative, even though he is temporarily unable to the proper performance of his duties for health reasons.
(3) to the representative can only be ordered, who is able to hold the Office of a notary. The permanent representation should be transferred only a notary, notary assessor or notary out of service; as Permanent Representative of Attorney notary, also a lawyer can be ordered after hearing of a notarial Chamber. Should - be ordered apart from the cases of paragraph 2 - just who is proposed and ready for the taking of Office of the notary. For the notary, also a supervisor appointed to section 1896 of the civil code or a guardian appointed in section 1911 of the civil code can make the request and propose the representative.
(4) to the representative, the rules applicable to the notary with the exception of § 19a are apply mutatis mutandis unless otherwise determined not below.

Section 40 (1) of the representatives appointed by written Decree. He has if he is sworn in not as a notary, to make the oath of Office (section 13) prior to representation before the President of the District Court. Is he ever sworn in as representative of a notary according to section 13 were, so it is enough if he is advised on the previously performed Eid.
(2) the appointment of the representative can be revoked at any time.

Section 41 (1) the representative will provide the cost of the notary office. He has attached his signature a supplementary labelled him as a representative and make use of seal and stamp of notary public.
(2) he should refrain from the exercise of the Office also, as the official exercising the notary represented by him would be prohibited.

Section 42 for pecuniary disputes between the notary and notary public representatives, relating to compensation or liability for breaches of official duty, the country courts without regard to the value of the dispute have exclusive jurisdiction.

Section 43 which notary must pay reasonable compensation (§ 39 para 2) representatives officio ordered him.

Section 44 (1) the official powers of the representative begins with the acquisition of the Office and ends, if the order is not previously revoked with the transfer of the Office of the notary. During this time, the notary of the performance of his duties to contain.
(2) the duties of the representative are not therefore void because to his order, necessary conditions did not exist by section 39, or later fallen away.

The notary can article 45 (1) for the duration of the absence or prevention, or if a representative is not appointed him his acts including directories and books give an another notary in the District of the same or a neighbouring district court or the District Court, where he has his official residence, in custody. The custody by an other notary public is to share with the District Court.
(2) the notary or the District Court, the files in custody are given has to grant copies and transcripts in place of the absent or prevented notary and to allow inspection of files.
(3) a notary for a period gave his records his absence or prevention referred to in paragraph 1 in custody and is issuing a copy or transcript of the documents or the inspection of files is required, has the District Court in whose district the notary has his official residence, to take the files in custody and to perform the requested Act.
(4) the notary who has the files into custody, given the copies and certified copies with his signature and under its seal or stamp. The rules on the issuance of copies or transcripts of documents for the issue of copies or transcripts by the District Court. In the notice of copy of should be pointed out the absence or prevention of the notary.
(5) the cost for the issue of copies or transcripts are available, if the files are kept by a notary, this and, if the files are kept by the District Court, the State Treasury.

Section 46 for a breach of official duty of the representative the notary is liable to the victim in addition to the representative as joint and several debtors. In the relationship between the notary and the representatives the representative undertakes alone.
6 section goes out of the Office. Preliminary impeachment. Notary administrator section 47 the Office of notary public expires 1 reached of the age limit (§ 48a) or death, 2. dismissal (section 48), 3. definitive discontinuation of membership of the competent for the District Bar Association in the case of § 3 para 2, 4. AMT loss due to criminal conviction (§ 49), 5 dismissal (section 50), 6 removal from Office through disziplinargerichtliches judgment (paragraph 97), 7 temporary resignation (§§ 48 b, 48 c).

48 the notary § can at any time request his dismissal from Office. The request must be declared in writing to the land administration of Justice. The dismissal is to speak of the State Justice Administration for the requested time.

§ 48a Notaries can reach at the end of the month in which they complete the seventieth year of life, the age limit.

§ 48b (1) who as a notary or notary 1. at least one child under the age of 18 years, or 2. actually serves a need of care after amtsärztlichem opinion other members or maintains the Office with the approval of the supervisory authority can temporarily lay down.
(2) the duration of the resignation pursuant to paragraph 1 may not exceed 48 c twelve years also in connection with the resignation pursuant to §.

the notary with the application for approval of temporary resignation ordered pursuant to § 48 b, declared 48 c (1) § again will take office within one year previous headquarters, he is again within this period of time there. Article 97, paragraph 3, sentence 2 shall apply accordingly.
(2) after another order previous headquarters a further resignation pursuant to paragraph 1 is excluded within the next two years; § 48 b remains unaffected. The duration of multiple stoppages of Office referred to in paragraph 1 shall not exceed three years.

§ 49 a strafgerichtliche condemnation has the loss of Office in the same way the consequence for a State justice officials for the notary.

Section 50 (1) who is a notary to impeach, 1 if the requirements of section 5 fall away or after the order turns out, that these conditions wrongly as there were adopted;
2. If one of the conditions, under which the appointment of a national justice officials is null and void, annulled or withdrawn are;
3. If he refuses to make the oath of Office prescribed in § 13;
4. If he takes over a paid position or one according to § 8 section 3 performs approval activity and the registration according to section 8, subsection 1, sentence 2 or permission according to § 8 section 3 in the time of the resolution of the land administration of Justice over the dismissal are not available;
5. If he exerts a more professional activity violates article 8 par. 2 or contrary to the provisions of article 9, paragraph 1 or paragraph 2 with other persons for the joint exercise of profession associated or joint with them has business premises;
6 if he is; in insolvent a financial collapse is suspected when an insolvency proceedings over the assets of the notary or notary in the directory to leading from the enforcement court (§ 26 par. 2 of the German insolvency code, § 882 b of the code of civil procedure) is registered;
7. If he is incapable of not only temporarily for health reasons to perform his duties properly;
8. if its economic situation, the way of his management or conducting detention operations jeopardize the interests of the party.
9 when he reviewed roughly against a) participation prohibitions in accordance with § 3 paragraph 1 of the notarisation Act or b) obligations pursuant to § 17 paragraph 2a sentence 2 number 2 of the notarisation act contrary;
10. If he has not the prescribed liability insurance (article 19a).
(2) one of the conditions exists, under which the appointment of a national justice officials annulled explains or may be withdrawn, so also the notary may be dismissed his Office.
(3) for the dismissal, the land administration of Justice is responsible. You shall decide after consulting the Chamber of notaries.
(4) in the on the compulsory retirement under paragraph 1 No. 7 are oriented procedures for the appointment of a representative of the notary for the administrative procedure, which is the duty of the notary, to let yourself examined by a doctor and for the consequences of a refusal of his participation according to rules to apply, that apply to State justice officials to exercise his rights in the proceedings not able. A lawyer or notary shall be appointed to the representative. It carries out the land administration of Justice in this regulation tasks assigned to the Service Manager.

Article 51 (1) the Office of a notary is extinguished or moves his headquarters in a different district, so are the files and books of the notary, as well as the documents officially passed to it to give the District Court in custody. The land administration of Justice can transfer the custody a District Court or a notary public. The provisions of § 45 para 2, 4 and 5 shall apply mutatis mutandis.
(2) it has the seal and stamp of notary public in paragraph 1 to destroy set 1 designated District Court.
(3) a notary public is appointed after the expiration of his Office or the laying of his official seat again in the district, where he had his former official residence, to a notary, so the books adopted pursuant to paragraph 1 in custody and files can be issued again him.
(4) if the Office of a notary in a different district court within the same municipality moved, files and books in his custody remain so. The seals and stamps are not to deliver.
(5) the levy of notarial acts of a State archive and the extermination of notarial acts regulates the land administration of Justice. Are notarial acts have been passed to a State Archive, so copies, enforceable copies and copies, if it documents of a notary in his Office or to documents, which set 2 was passed an another notary to the custody on the basis of paragraph 1, the notary, be granted otherwise by the District Court, in whose district the notary was headquartered. The provisions of § 45 para 4 and 5 this act as well as section 797 subsection 3 of the code of civil procedure shall apply mutatis mutandis.

Article 52 (1) with the expiry of the Office goes out the power to carry the title "Notary public" or "Notary public". Also, the label must not be taken with the addition of the indicative on the termination of the Office.
(2) the Office of a notary appointed to the full-time duties is dismissal (section 48), due to reaching the age limit (§ 48a) or by impeachment in § 50 para 1 No. 7 off designated reasons, so the land administration of Justice may grant permission the previous notary, to continue his official title with the addition of "out of service (a.D.)". The same applies to a lawyer-notary public office by dismissal (section 48) or due to reaching the age limit (§ 48a) is extinguished or after waiver of the rights from the admission to the legal profession the permission has been granted him, to call lawyers continue.
(3) the land administration of Justice can take back permission to the title "Notary out of service" or "Notary public service" or revoked if later circumstances become known or enter, a notary the termination of the Office from the in section 47 No. 4 and 6 or would move to § 50 para 1 No. 1 to 6, 8 and 9 specified reasons to. So the authority the former notary to the legal profession is approved, shall expire pursuant to paragraph 2 sentence 1, if he is not still may call lawyer after the disappearance of its approval.

Article 53 (1) is the Office of a notary appointed to the full-time duties expired or moved his official residence, so another headquarters requires already established notary of approval of the land administration of Justice if he wants to move his Office into spaces of resigning notary or assume an employees standing in a special relationship of trust in his Office. The approval may be refused only if this is necessary in the interests of Justice.
(2) the validity of the transactions concluded on the occasion of takeover or employment is not affected by a breach of the requirement of paragraph 1.

Section 54 (1) the notary may be removed for the time being his Office by the supervisory authority, 1 when the service Court of the supervisory authority has given notice according to § 308 of the law on the procedure in family matters and in matters of voluntary jurisdiction;
2. If it considers the requirements of § 50 for given;
3. If he is more than two months without the consent of the supervision authority staying outside his official seat.
Opposition and legal challenge to the provisional dismissal have no suspensive effect.
(2) a notary, who is also a lawyer, can be compulsorily provisionally without initiation of a disciplinary procedure the disciplinary court, when lawyer-legal proceedings was initiated after the Federal legal order against him. The provisions on the temporary ouster after initiation of a disciplinary procedure shall apply mutatis mutandis. Paragraph shall apply accordingly 1 sentence 2.
(3) If a notary, who is also a lawyer, temporarily his Office as a notary public relieved following the initiation of a disciplinary procedure, so the disciplinary against him may impose a prohibition of representation (section 150 of the Federal legal order) or professional, if you expect that in disciplinary proceedings against him on removal from Office (§ 97 para 1) will be recognized.
(4) the effects of the temporary dismissal enter 1 if against a notary public in the criminal proceedings the pre-trial detention is ordered, for their duration; operation of law,
2. If against a notary, who is also a lawyer, a professional or representative prohibition under section 150 or a representative ban imposed for that civil law according to article 114, paragraph 1 No. 4 of the Federal legal order is for its duration;
3. If against a notary, who is a lawyer at the same time, the withdrawal or revocation of the admission to the legal profession according to § 14 of the Federal lawyer regulation with immediate enforcement has, from the time of delivery the available for the duration of their effectiveness.
(5) the rules on the temporary ouster of a notary after initiation of a disciplinary procedure shall remain unaffected.

Article 55 (1) in the case of the temporary dismissal has the District Court if no representative the notary is ordered to take his records and books, as well as seal, stamp and breastplate for the duration of the temporary dismissal in custody. § 45 para 2, 4 and 5 shall apply mutatis mutandis.
(2) the notary has to include the duration of the temporary dismissal of any official act. However, a violation not affected the validity of the Act. According to section 23, the notary can no longer perform duties.

Article 56 (1) is the Office of a notary appointed to the full-time duties expired or moved his Office or a notary appointed to the full-time duties does not personally in the case of § 8 paragraph 1 sentence 2 Office, so a notary assessor or any other person authorized for the Office of a notary should be created to rule in his place , to exercise the Office of notary temporarily (notary's Office Manager).
(2) a solicitor notary is excreted through termination of the Office, so a notarial administrator can be ordered in its place the settlement of notarial transactions up to the period of one year, if for this purpose there is a need. In exceptional cases, this period may be extended for a year beyond. Within the first three months, the notary office administrator is authorized to perform new notarial transactions. A processor is appointed for the settlement of the law firm, this can be entrusted with the notarial transactions as notary administrator.
(3) a notary office has laid down pursuant to § 48 c temporarily, appointed an administrator for the duration of the resignation, for one year, at the latest.
(4) a notary is temporarily his duties relieved, a notarial administrator can be ordered, if the appointment of a notary public representative (§ 39 para 2 sentence 1) seems inappropriate.
(5) notary assessors are required to take over the Office of a notary's Office Manager.

Article 57 (1) of the notary's Office Manager is, as far as nothing else is determined, the rules applying to notaries.
(2) the notary administrator is appointed by the land administration of Justice after consulting the notarial Chamber by handing a warrant issued. He has if he is sworn in not as a notary, to make the oath of Office (section 13) before taking over his Office to the President of the District Court. Section 40 para 1 sentence 3 shall apply accordingly.

Section 58 (1) of the notary's Office administrator assumes the records and books of the notary, in whose place he is ordered, as well as the officially passed the notary deeds and valuables; the records and books already by the District Court in custody are taken at the order of the notary's Office Manager (§ 51 para 1 sentence 1), they are usually return.
(2) the notary administrator continues Office started by the notary public. The costs claims entitled to the notary's Office Manager, insofar as they are due to takeover of the business through it. He must however in relation to the costs of debtor the advances paid prior to the acquisition of the businesses on the notary yourself have.
(3) to the extent that the costs claims the departing notary or his successor in title, the notary administrator granted the engrossment of the cost calculation (section 89 of the Court and notary costs Act); He rejects the granting, so the notary or his successor in title may apply for the decision of the District Court according to article 127 of the judicial and notary costs Act. An another seat is assigned to the notary he remains entitled in addition to the notary's Office administrator for the granting of enforceable copy. The notary office administrator has to grant him access to the books and records; the resulting costs are borne by the notary.

Section 59 (1) of the notary's Office Manager leads his Office on account of the Notary Chamber against a compensation measured by this to be fixed. He has with the Notary Chamber, if not an other agreement is made, to settle monthly. He does not lead the amounts coming to the Notary Chamber, them as arrears contributions can be driven in.
(2) notarial Chamber can claim only to the extent a set-off or retention of the coverings of the notary's Office Manager, as these are seized or when it has a right to claim damages due to intentional tort.
(3) the notarial Chamber may in general or in the case of paragraph 1 sentences 1 and 2 apply derogation. Paragraph 2 does not apply in this case.

Section 60 (1) the surpluses from the notary public administrations carried out on account of the Notary Chamber must be used primarily in favour of care for the professionals and their survivors.
(2) remaining surpluses are, as far as utilities are no. 2 after section 67, paragraph 4, to address these. Utilities fail to flow remaining surpluses of a notarial Chamber.

Section 61 (1) for a violation of official duty of the notary's Office administrator shall be liable to the victim in addition to the notary's Office administrator severally; notarial Chamber in the relationship between the Chamber of notaries and notarial administrator is only obliged. The same is true as far as the notary's Office administrator is liable under section 46 or section 19 para 2 for breaches of official duty representative or a notary assessors. Section 19, subsection 1, sentence 2 and 3 is correspondingly applicable. The liability of a notarial Chamber is limited to the amount of the minimum sum insured of insurance to be completed pursuant to paragraph 2.
(2) the Chamber of notaries has to secure himself and the notary administrator against losses arising from the liability which must satisfy the 3 No. 3 requirements in sections 19a and 67 paragraph after paragraph 1 insurances. Also the notary office administrator in his own name to can assert the claims arising from the liability insurance.
(3) a liability of the State for breaches of official duty of the notary's Office Manager does not exist.

§ 62 for pecuniary disputes between the Chamber of notaries and the notary public administrator relating to the remuneration, billing (section 59), or liability for breaches of official duty, the State courts without regard to the value of the dispute shall have exclusive jurisdiction.

Section 63 (1) of the notary's Office administrator is obliged to submit files and books, as well as in its custody documents for inspection by a representative of the Notary Chamber.
(2) the audit powers of the supervisory authority shall remain unaffected.

Article 64 (1) that ends official of a notarial Administrator pursuant to § 56 para 1 ordered a new notary is ordered if he temporarily his office vacancy or prevented in accordance with § 8 paragraph 1 sentence 2 of the personal exercise of the official notary again takes over his Office. The official power of the notary's Office administrator continues until the termination of the Office of the land administration of Justice has been notified to him. The land administration of Justice may prematurely revoked the order for an important reason.
(2) the Office of a notary's Office administrator appointed pursuant to section 56 para 2 ends with the expiry of the period for which he is appointed. Paragraph shall apply accordingly 1 sentence 3.
(3) taking over after the termination of the Office of the notary's Office Manager the previous notary again or to the notary is transferred custody of the records and books the newly appointed notary public in accordance with article 51, paragraph 1, sentence 2, continues Office begun by the notary's Office Manager. The maturing after taking office by the notary expenses claims are to this. He must however in relation to the costs of debtor the advances paid prior to the acquisition of the Office to the notary's Office Manager yourself have.
(4) the costs claims to the notary's Office administrator be indented after the completion of his duties by the Chamber of notaries in its own name. The sections 19, 88 to 90 and 127 of the judicial and notary costs Act shall apply mutatis mutandis. The Chamber of Notaries can instruct the newly appointed or deployed back into his Office notary to collect the outstanding claims at their own expense.
7 section general rules for the administrative procedure § 64a (1) administrative proceedings under this Act or a regulation adopted on the basis of this Act applies, unless otherwise determined, the Administrative Procedure Act.
(2) courts and authorities submit personal information that are required for the appointment of a notary, to the representative or notary's Office Manager, for appointment as a notary assessor for the removal from Office of a notary or dismissal of a notary assessors from the service, for the withdrawal or the cancellation of a permit, approval or liberation, as well as to the introduction of a procedure for disorderly conduct or breach of duties from the point of view of the transmitting authority , the body responsible for the decision, insofar as this does not impair protection interests of the person concerned or the public interest outweighs the privacy interest of the person concerned. The transmission is omitted if conflict with special regulations of use. Information on the amount of outstanding tax debts may be transmitted contrary to section 30 of the tax code for the purpose of preparing the impeachment pursuant to § 50 para 1 No. 6 or no. 8; the competent authority may use their tax data only for the purpose, for her these are transmitted.
Second part of Notary Chambers and Federal Chamber of notaries 1 section notarial Chambers section 65 (1) notaries that are ordered in a district of the Court of appeal make a notarial Chamber. The State Government or the Office certain of her can however determine by regulation that several higher regional court districts or parts of districts of the Court of appeal or a Court of appeal district and parts of another court of appeal district form the District of a notarial Chamber.
(2) notarial Chamber is located at the place of the Oberlandesgericht. In the case of paragraph 1, sentence 2 determines the State Government or by her certain place the seat of the Chamber of notaries.

Section 66 (1) notarial Chamber is a corporation of under public law. The Statute of the Chamber of notaries and their changes are decided by the general meeting of the Chamber; they require the approval of the land administration of Justice and to publish in a journal designated by you.
(2) the land administration of Justice leads the State supervision of the Notary Chamber. The supervision is limited that law and statute, in particular the tasks entrusted to the Notary Chamber are met.
(3) on the losing of the fiscal year the Chamber of notaries of the land administration of Justice submit a report on their activities in the past year and on the situation of notaries working in the area of the Chamber of and notary assessors.

Section 67 (1) represent the entire body of notaries in you the Notary Chamber. She has to watch over the honour and reputation of its members, to support supervisors in their activities, to promote the maintenance of notarial law and to ensure a thorough and fair profession of notaries and notary assessors.
(2) the notarial Chamber it falls closer to determine the duties and other duties of their members within the framework of the laws and regulations adopted on the basis of guidelines by statute. Section 66, subsection 1, sentence 2 shall apply accordingly. The guidelines may contain more detailed rules: behavior to be observed 1. to safeguard the independence and impartiality of the notary, 2nd for that according to § 14 para 3, 3. promoting foreign economic interests, 4. to comply with the obligation to personal officiate, 5th on the establishment, management, continuation and termination of the connection to the common exercise of profession or other permissible professional cooperation as well as to the use of common premises , 6 on the way of to be taken under section 28 arrangements, 7 for the behavior to be observed according to § 29, in particular through announcements of an official job, Office - and nameplates in the German provisions and office stationery, leading another job titles, led by titles, occurrence of the notary public and his name in directories, 8 principles to be observed for the employment and training of the employees, 9 over that in effecting by deeds outside of the Office area and the Office , 10 of the required scope of training, 11.
about the specific professional obligations in relation to other notaries, to courts, authorities, lawyers and other advisers to his clients.
(3) in addition to the functions assigned to the notarial Chamber by law it, 1 is to provide funds for the training of notaries, their assistants and the notary assessors, as well as for other common loads of the profession;
2. the training and testing of the assistants of the notaries to regulate;
3. insurance contracts to supplement the liability according to § 19a to complete, to insure also dangers from such breaches of obligations which are not covered by insurance according to section 19a, because the financial losses caused by them exceed the coverage or because they are excluded as intentional acts by insurance policies by insurance. Applies to these insurance contracts, that the insured amount for each insured notary and for each insured event must be at least 250 000 euros for damages arising from claims breaches of duty and at least EUR 500 000 for damages resulting from breaches of other obligations; the services of the insurer for all damages caused within one insurance year by a notary may, however, be limited to the four minimum insurance sum. § 19a section 7 shall apply accordingly. The land Governments or the positions of them determined by regulation are authorised to determine amounts up to which the overall performance of the insurer for all damages caused during a policy year by all insured notaries in the insurance contracts may be limited by regulation, taking into account the possible damage.
(4) the notarial Chamber may exercise more, corresponding to the purpose of their construction tasks. She may in particular welfare agencies maintain 1, entertain 2 to closer regulation by the provincial legislature on pension funds, facilities entertain 3 alone or together with other notarial Chambers, the purpose of which is as insurers listed insurance contracts to complete the danger from breaches of duty cover that in paragraph 3 No. 3, which have been caused by intentional acts of notaries, facilities entertain 4 alone or together with other notarial Chambers , without legal obligation services when not through insurance contracts pursuant to paragraph 3 No. 3 covered damage caused by intentional acts of notaries provide.
(5) the notarial Chamber may confirm the position as notary or notary's Office Manager as well as other work-related information when assigning qualified certificates according to the signature law. The notarial Chamber may request the blocking of a corresponding qualified certificate.
(6) the notarial Chamber has to refund required by the land administration of Justice, a court or an administrative authority of the country in matters of notaries also opinion.
(7) (lapsed) § 68 bodies of the Chamber of notaries are the Board and the general meeting of the Chamber.

The Board takes, true section 69 (1) without prejudice to the provisions of article 70, the powers of the Notary Chamber. In urgent cases, it decides in place of meeting of the Chamber, which an application is to make up for.
(2) the Management Board consists of the President, his Deputy and other members. The members of the Executive Board are elected by the Assembly of the Chamber for four years.
(3) appointed notaries and law notaries are in the District of a notarial Chamber to the full-time duties, the President and at least half of the other members of the Executive Board to the full-time duties must be appointed notaries.

section 69 (1) the members of the Board have - even after their retirement from the Board of Directors - about the Affairs, which become known to them in their activity in the Board of notaries, notary assessors, candidate for the Office of the notary public and other persons, to maintain secrecy toward everyone. The same applies to employees of the notarial Chambers and the facilities to section 67, paragraph 4, as well as for notaries and notary assessors, who used to work in the Chamber or in the facilities.
(2) in court proceedings, the persons referred to in paragraph 1 about such matters, which are known to them in their activity in the Board of notaries, notary assessors, candidates for the Office of the notary, and others, may not testify without permission.
(3) the Board the authorisation of a notarial Chamber. The approval should be refused only when consideration for the position or the functions of the Notary Chamber or legitimate interests of persons of which the facts have become known, inevitably require it. § 28 para 2 of the law on the Constitutional Court shall remain unaffected.

several departments make § 69 b (1) who can Board of Directors, if the rules of procedure of the Chamber allows. He transfers the shops that independently perform the departments.
(2) each Department must consist of at least three members of the Board. The members of the Department choose a Department Chairman and his deputy from among its members.
(3) before the start of the calendar year, the Board shall determine the number of departments and their members, transfers the business departments, and determines the members of each Department. Each Member of the Board of Directors can belong to multiple departments. The orders can only be changed in the course of the year, if this is necessary due to overloading of the Division or as a result of change and ongoing prevention of individual members of the Department.
(4) the Board may authorize the departments hold their meetings outside the seat of the Chamber.
(5) the departments have within their jurisdiction the rights and duties of the Board.
(6) instead of the Department, the Board decides if he deems it appropriate, or when the Department or its Chairman requests it.

The President represents the Chamber of section 70 (1) and out of court.
(2) the President gives the course of trade of the Chamber and of the Executive Board.
(3) the President shall preside at the meetings of the Board and at the general meeting of the Chamber.
(4) by the articles of Association, other duties may be entrusted to the President.

§ 71 (1) the meeting of the Chamber shall be convened by the President.
(2) the President must call a meeting of the Chamber every year once. He must also convene them if one-tenth of the members requested it in writing and this indicates the subject to be treated in the Assembly.
(3) the Assembly is at least two weeks before the day on which she will take place, to convene in writing or through public invitation in the leaves, which are determined by the Statute, stating the agenda. The day on which the convocation is sent, and the date of the general meeting are not counting this. In urgent cases, the President may convene the Assembly with a shorter period.
(4) transferability the meeting in particular, the statutes of the Chamber according to article 66, paragraph 1, sentence 2 to 1;
2. the guidelines pursuant to article 67 paragraph 2 to decide;
3. the amount and the due date of the posts to be established.
4. the means to grant, which are required in order to cover the expenses of the Community Affairs;
5. statement of the Management Board of the revenue and expenditure of the Chamber as well as the management of assets to examine and decide on the discharge.

§ Meets the Statute 72 detailed provisions on the bodies of the Chamber of notaries and their responsibilities.

Article 73 (1) collects the notarial Chamber of the notaries contributions, insofar as this is necessary for the performance of their duties.
(2) arrears contributions can be withdrawn on the basis of a request for payment issued by the President of the Chamber of notaries, with the certificate of enforceability and the seal of the Chamber according to the regulations on the enforcement of judgments in civil litigation.

In exercise of its powers by the notaries and notary assessors information, the submission of books and records, as well as the personal appearance before the competent bodies of the Chamber request section 74 (1) that can Chamber of notaries. The Chamber of notaries may this the facilities to section 67, paragraph 4 disseminate acquired knowledge, as far as they are needed by the institutions for the performance of their duties.
(2) notarial Chamber may impose penalty to the enforcement of the obligations incumbent upon the notaries or notary assessors referred to in paragraph 1 after prior written notice, to repeatedly. The individual penalty shall not exceed one thousand euro. The penalty runs to the notarial Chamber; It will be recovered as an outstanding contribution.

Section 75 (1) which is Chamber of notaries authorized to pronounce an admonition notaries and notary assessors for disorderly conduct is easier.
(2) before the reminder is pronounced, the notary or notary assessor is to listen. An admonition may no longer be imposed if more than five years have elapsed since the rude behavior.
(3) the reminder is due. Shall be notified to the notary or notary assessor. A copy of the notification is to inform the supervisory authority.
(4) against the decision of the notary or notary assessor can appeal in writing within one month after the delivery at the Board of Directors of the Chamber of notaries. The Board, decides on the opposition Paragraph 3 shall apply mutatis mutandis.
(5) is the appeal against the admonition is rejected by the Board of Directors of the Chamber of notaries, notary or notary assessor may request the decision of the higher regional court as the disciplinary court for notaries. The request is submitted in writing within one month after notification of the decision on the opposition and to justify. The Court of Appeal decides final by decision. The provisions of the Federal disciplinary law on the disciplinary proceedings before the Administrative Tribunal are indeed apply mutatis mutandis on the procedures of the Court. Where under these regulations, the procedure costs the employer burden, notarial Chamber takes its place.
(6) the exhortation by the Notary Chamber without prejudice to the right the regulatory authority for measures according to § 94 or disciplinary means. The supervisory authority of this law makes use, goes out the power of a notarial Chamber; an already spoken admonition is cancelled. But the Court of Appeal overturned the exhortation, because it has not found a rude behavior, the exercise of the supervisory and disciplinary authority because of the same behavior only on the basis of such facts or evidence is allowed, that were not known to the Court in its decision.
2. section Bundesnotarkammer section 76 (1) notarial Chambers are affiliated to a federal notarial Chamber.
(2) the seat of the Federal Chamber of notaries is determined by its Statute.

Section 77 (1) the Federal notarial Chamber is a corporation of under public law.
(2) the Federal Minister of Justice and consumer protection leads the State supervision of the Federal Chamber of notaries. The supervision is limited that law and statute, in particular the tasks conferred on the Federal notarial Chamber.
(3) the statutes of the Federal Chamber of notaries and their modifications, which will be decided by the representative Assembly, require the approval of the Federal Ministry of Justice and for consumer protection.

Article 78 (1) has the Federal notarial Chamber to carry out the duties assigned to it by law. In particular, it has 1 in questions that go to the entirety of the notarial Chambers to determine the opinion of the individual Notary Chambers and to determine the opinion of the majority in the ways of Community debate.
2. in all matters affecting the whole of the notarial Chambers considered the Federal notarial Chamber the competent courts and authorities facing to bring;
3. the totality of the notarial Chambers to authorities and organizations to represent;
4. advice to reimburse, authority involved in the legislation or Corporation of the Federal Government or a Federal Court in matters of notaries requests;
5. by decision of the Assembly of of representatives of recommendations for the guidelines to be issued by the Notary Chambers pursuant to article 67 paragraph 2 to pronounce;
6 guidelines for the training of assistants of notaries to make up.
(2) the Federal notarial Chamber leads as authority an automated electronic register over 1 precautionary powers and care orders according to § 78a (Central Register of interest) and 2 the custody succession-related documents and other data according to § 78 b (Central Register of wills).
The Federal Ministry of Justice and for consumer protection has the detailed provisions on establishment and maintenance of the register, to make details of data transmission and storage, as well as data security information from the registers, registration, modification, and deletion of registry entries, each a legal regulation to the central register of the precautionary and the central register of wills with the consent of the Federal Council. The collection and use of data is for the fulfilment of the statutory tasks of the authority, of the probate courts and the custodians to limit required. In the Decree on the central register of wills, provisions on the content of death releases can be made according to § 78 c in addition set 1. Further exceptions can be admitted under the Ordinance to the central register of wills of: 1 § 78 c set 3, insofar as it relates to the death notice to the Probate Court;
2. the electronic notification according to § 78c sentence 4.
3. the commitment to the electronic transmission according to § 34a paragraph 1 sentence 1 of the notarization law and § 347 paragraph 1 sentence 1 of the law on the procedure in family matters and in matters of voluntary jurisdiction.
The Federal Ministry of Justice and Consumer Affairs leads the legal supervision of the authority.
(3) the Federal notarial Chamber may perceive more tasks corresponding to the purpose of its establishment. She can take in particular measures which serve the scientific advice of the notarial associations and their members, the training of notaries, the education and training of young professional players and the support staff of notaries and notary data manage and support the electronic communication of notaries with courts, authorities and other third parties.

Information on principal, agents, the power of Attorney and whose content may § 78a in the central register of interest and be taken on proposals for the selection of the supervisor wishes to exercise the care and the proposer.

§ 78B (1) in the central register of wills recorded: succession-related deeds, a depositary 1. details) are to deliver by notaries (§ 34a paragraph 1 sentence 1 of the notarisation Act) or food (paragraph 4 and article 347 of the law on the procedure in family matters and in matters of voluntary jurisdiction) from 1 January 2012, b) pursuant to section 1 of the Testament directory transfer law to convict are 2 releases, , to convict who according to § 9 of the Testament directory transfer Act.
The stored data are to delete at the end of the thirtieth on the death notification of following calendar year.
(2) Erbfolgerelevante documents are wills, testamentary contracts and, in particular termination agreements, withdrawal and contesting explanations, succession and donation waiver marriage and life partnership contracts of all documents with explanations, which can influence the succession, legal elections. Depositary information is information that is required to find succession-related deeds.
(3) Registerfähig are only succession-related deeds, which publicly recorded 1 or 2 in official custody were taken.
(4) is in a court settlement a succession relevant certificate within the meaning of paragraph 2 sentence 1, the Court immediately send the custody information to the register authority leading the central register of wills in accordance with the Ordinance adopted pursuant to § 78 paragraph 2 sentence 2 to 5. The deceased tells the Court the necessary registration data.

§ 78c from 1st January 2012 the competent Registry Office of the registry authority shares the death, the death declaration or the judicial determination of time of death of a person with (death notice). The authority then checks whether in the central register of wills information 1 number 1 and 2 are b paragraph 1 set according to § 78. Notify you as far as it is necessary for the fulfilment of the tasks of the Probate Court and holding points, immediately 1 Probate Court about the deaths and any data and information according to § 78 b paragraph 1 sentence 1 number 1 and 2, and 2. the holding places about the deaths and any depository information after § 78 b paragraph 1 sentence 1 No. 1.
The notification is done electronically.

§ 78B (1) the register authority grants 1 dishes on request information from the central register of the precautionary and the central register of wills, as well as 2 notaries information about depository information from the central register of wills.
The information from the central register of wills is granted only insofar as it is necessary in the framework of the fulfilment of the tasks of the courts and notaries. Information from the central register of wills can be obtained during the lifetime of the testator only with its consent.
(2) the authority of the courts and notaries to the insight into registrations relating to them held or registered certificates, shall remain unaffected.
(3) the authority can help courts determine of especially officially UN-touched documents, exists due to lack of storage news no entry in the central register of wills for the. The custodians details of the testamentary dispositions determined pursuant to sentence 1 must be reported according to section 347 paragraph 1 sentence 1 of the law on the procedure in family matters and in matters of voluntary jurisdiction to the central register of wills.

Article 78e (1) the central register of pension and the central register of wills are funded by fees. The authority may collect fees for: 1 the inclusion of statements in the central register of interest, 2. the inclusion of statements in the central register of wills and 3rd which are provision of information from the central register of wills according to § 78B paragraph 1 sentence 1 number 2 (2) to pay the fees required: 1. in the case of paragraph 1 sentence 2 No. 1 of the applicant and one , which is liable for the fees debt of another law;
2. in the case of paragraph 1 sentence 2 No. 2 of the testator;
3. in the case of paragraph 1 sentence 2 No. 3 of the initiator of the information process.
Multiple charges borrowers liable severally.
(3) the fees are to be such that the administrative burden associated with the facility, commissioning, sustainable management and use of the respective register an average including personnel and material costs are covered. Here are also to take into account 1 for the inclusion of statements in the central register of interest: the selected communication way;
2. for the recording of statements in the central register of wills and for information: the cost for the transfer of custody messages according to the Testament directory transfer Act.
The costs incurred by the reception of notifications under article 9, paragraph 1 and 3 of the Testament directory transfer Act remain unconsidered.
(4) the register authority determines the fees referred to in paragraph 1 and the way of their survey by a statute of fees. The statutes must be approved by the Federal Ministry of Justice, and for consumer protection. The amount of the fees is to check regularly.
(5) courts and notaries public can accept the fees for the register authority specified pursuant to paragraph 3.

Article 78f (1) decisions taken by the authority according to the §§ 78a-78e takes place the complaint according to the regulations of the law on the procedure in family matters and in matters of voluntary jurisdiction, as far as is not otherwise specified in the following paragraphs.
(2) the appeal shall be at the register Office. This can help the appeal. The District Court at the seat of the Federal notarial Chamber presenting complaints, which she does not help out.
(3) the appeal is not allowed.

Article 79 the organs of the Federal Chamber of notaries are the Bureau and the Assembly of representatives.

§ 80 the Bureau consists of the President, two deputies, and four other members. Four members of the Bureau must be full-time officiate appointed notaries, three members must be lawyers notaries. A Deputy must be a notary appointed to the full-time duties, a Deputy Attorney notary.

Article 81 (1) the Executive Committee is elected by the representative Assembly. Each Member of the representative Assembly is selectable.
(2) the members of the Bureau are elected for four years. A member retires prematurely, is following his retirement from representative Assembly for the rest of the time in his election to choose a new Member.

the duty of the members of the Presidium of the Federal Chamber of notaries, notaries consulted her to cooperate and notary assessors, and the employees of the Federal Chamber of notaries to secrecy applies according to § 69a according to section 81a.

The President represents the Federal notarial Chamber section 82 (1) and out of court.
(2) in the meetings of the Bureau, the President shall preside.
(3) the Bureau reimbursed the Federal Minister of Justice and consumer protection every year the activity of the Federal Chamber of notaries and the Bureau a written report on. It shows him also the outcome of the elections to the Bureau.

Section 83 (1) the Federal notarial Chamber shall pass resolutions regularly on representative meetings.
(2) she the Federal notarial Chamber in article 78, paragraph 1 does the Bureau after consulting the representative Assembly tasks assigned to no. 4. In urgent cases, the hearing can be avoided; the members are however without delay of the measures taken to inform.

The notarial Chambers are represented in the representative Assembly § 84 by its President or by another Member.

Article 85 (1) shall be convened by the President the representative Assembly. He shall preside at the meeting. The President must convene it if the Bureau or at least three notarial Chambers request it. The notarial Chambers request should be made in writing and specify the subject to be treated in the representative Assembly.
(2) in cases of urgency, the President may convene the representatives Assembly with a shorter than the period provided for in the statutes for the convocation. The subject of the decision shall be taken, in this case does not need to be specified.
(3) decisions of the representative Assembly can be envisaged also in text form, if no more than three notaries Chambers.

Article 86 (1) at the meeting of representatives of each notarial Chamber has one vote. In the case of section 65 subsection 1 sentence 2 the Chamber of notaries has as many votes as it includes higher regional court districts or parts of districts of the Court of appeal; However remains part of a higher regional court district out of consideration here if the number of notaries approved in it is less than the number of notaries, which are approved in a not associated with same notarial Chamber part of the higher regional court district.
(2) to the General Assembly, so many Notaries can be sent by each Chamber of notaries as the Chamber of notaries has votes. Moreover, notaries to the next utterance to individual questions can be admitted to the meetings.
(3) the representative Assembly takes decisions unless provided in this Act or in the articles of Association intended, with a simple majority of the votes. Vote the vote of the Chairman shall be decisive; in elections, the lot decides.
(4) the execution of decisions is omitted if a majority of at least three quarters of the representatives, who are full-time notaries, or of at least three quarters of the representatives, are the law notaries, contradicts her.

§ Has 87 the Bureau to report the representative Assembly on all important matters.

§ 88 the members of the Bureau and the Assembly of representatives are volunteers.

§ 89 the detailed provisions on the institutions of the Federal Chamber of notaries and their powers meets the Statute.

§ 90 which is Federal Chamber of notaries authorized to request reports and expert opinions for the fulfilment of the tasks assigned to it by law or the statutes of the notarial Chambers.

Section 91 (1) collects the Federal notarial Chamber of the notarial Chambers contributions which are intended for the personal and factual needs.
(2) the amount of the contributions shall be determined by the representative Assembly.
Third part of supervision. Disciplinary proceedings 1 section supervision article 92 the authority entitled to 1 the President of the regional court of notaries and notary assessors of district;
2. the President of the higher regional court of notaries and notary assessors of the Court of appeal district;
3. the land administration of Justice over all notaries and notary assessors of the country.

Article 93 (1) the periodic testing and monitoring the performance of the official duties of notaries and of the service of notary assessors is the responsibility of supervisory authorities. Additional intermediate examinations and samples are allowed without a special occasion. A newly appointed notary, the initial check is made within the first two years of its activity.
(2) subject to the assessment is the orderly execution of the official duties of the notary. Testing extends to the establishment of the Office, on the management and storage of books, directories, and files, on proper automated processing of personal data, on the proper safekeeping of valuables, the timely display of representations, as well as on the existence of liability insurance. In any case is to look through a large number of documents and supporting files and check also the calculation of costs.
(3) the responsibility for the conduct of the examination depends on the provisions adopted for this purpose by the land administration of Justice. The supervisory authority can consult notaries to testing after consulting the Chamber of notaries. To the review and verification of directories and books and to the examination of the cost calculations and billing fees tax including its indent and the custody business and the like also officials of the administration of Justice may be used; a regulatory authority is not available to these officials. As far as the notary verifies the cost calculation and the forfeiture of costs already by a representative of the Office of notary, a check is not required.
(4) a notary is obliged to give the supervisory authorities or which of these personal data are processed automatically with which, with the audit to submit files, directories and books, as well as in its custody documents for inspection officer and thereupon, to grant access to the facilities, as well as the necessary information. Persons, which is the notary to the joint exercise of profession connected with or with whom he has shared offices or had, are obliged to provide information to the supervisory authorities and to submit files, insofar as this is necessary for the verification of compliance with the prohibitions on participation. This also applies to third parties, with whom a professional connection within the meaning of article 27, paragraph 1, sentence 2 is or has passed.

Section 94 (1) which are supervisory authorities empowered to pronounce a condemnation notaries and notary assessors for disorderly behaviour and breaches of duty easier way. Section 75 subsection 2, para 3 sentence 1 and 2 shall apply mutatis mutandis.
(2) against the disapproval of notary or notary assessor can appeal in writing within one month of the notification to the supervisory authority, expressed disapproval. The supervisory authority can help the appeal. It does not help you, the next higher supervisory authority shall decide on the appeal. The decision is to establish and to place the notary or notary assessor. Dismisses the appeal against the disapproval of the notary or notary assessor may request the decision of the higher regional court as the disciplinary court for notaries. Section 75 (5) sentence 2 to 4 shall apply mutatis mutandis.
(3) the disapproval shall be without prejudice to the right of the supervisory authorities to measures in the disciplinary ways. The supervisory authority of this law makes use, the disapproval is cancelled. But the Court of Appeal overturned the disapproval, because it has not found a rude behavior, an exercise of disciplinary authority because of the same situation only on the basis of such facts or evidence is allowed, that were not known to the Court in its decision.
2. section disciplinary section 95 notaries and notary assessors who culpably violate the duties incumbent upon them, committing a service offence.

§ 95a (1) are justified, more than five years has passed since a service offence that is not a temporary or permanent removal from Office or a removal of the existing Office, a tracking is no longer allowed. This time limit is interrupted by the initiation of the disciplinary procedure, bringing the disciplinary action or the collection of the Nachtragsdisziplinarklage. She is suspended for the duration of the opposition proceedings, of the judicial disciplinary proceedings or for the duration of a suspension of the disciplinary procedure according to section 22 of the Federal disciplinary law.
(2) before the deadline because of the same facts criminal proceedings have been instituted, which is inhibited period for the duration of the criminal proceedings.

The rules of the Federal Disciplinary Act are section 96 (1) unless otherwise determined under this Act, apply mutatis mutandis. Powers and duties assigned to the superiors take the supervisors in these regulations, the land administration of Justice carries out the duties and powers of the Supreme authority of service.
(2) with the conduct of investigations, a person is to ask, who has the qualification of judgeship. To carry out a judicial hearing in accordance with § 25 paragraph 2 of the Federal Disciplinary Act, the Court may request the District Court legal assistance.
(3) the rules applicable on § 3 of the Federal disciplinary law of the administrative court procedure concerning the participation of volunteer judges do not apply. The terms of section 3 of the Federal Disciplinary Act in conjunction with article 116, paragraph 2, and section 117, paragraph 4 of the administrative court order amount to five weeks each.
(4) of the applicability of article 41 paragraph 1 sentence 1 of the Federal Disciplinary Act may be waived by State law. The State Governments are authorised in paragraph 1 sentence 2 tasks and powers Ordinance on the land justice administrations subordinate authorities to transfer. The State Governments can confer Ordinance on the land justice administrative authorities this empowerment.
(5) on the protection of rights in excessively long court proceedings are the rules of the seventeenth title of the Judicature Act to apply. The provisions of this Act, which regulate the occupation of the higher regional court and the Federal Court in disciplinary cases against notaries public, are not applicable.

Article 97 (1) in the disciplinary measures may be imposed: reference, fines, removal from Office.
The disciplinary action of the reference and of the amount of the fine can be imposed next to each other.
(2) against a notary appointed to the full-time duties can be recognized as a disciplinary measure on removal of the existing residence. In this case, the land administration of Justice has a notary after legal effect of the decision after the notarial Chamber has been consulted immediately to assign a different seat. In addition to the removal of the previous residence, also a fine can be imposed.
(3) against a solicitor notary can be recognized as a disciplinary measure on removal from Office on time. In this case the renewed order may be refused only notary, the notary in the meantime of a behavior has made himself guilty, which makes him unworthy, again to exercise the Office of a notary.
(4) fine against notaries public can up to fifty thousand euro, against notary assessors be imposed up to five thousand euros. So can be detected up to twice of the obtained benefit on fine, based the plot because of a fine will be imposed on profit.
(5) removal from Office (paragraph 1) has at the same time at a notary, who is also a lawyer, the exclusion from the legal profession to the result.

Article 98 (1) reference and fines can be imposed by disciplinary Decree of the supervisory authorities. Disciplinary action to raise is to against the notary on removal from Office, removal of the previous residence or removal from Office on certain time be recognized, against him. Article 14, paragraph 1 is number 2 of the Federal Disciplinary Act on the application corresponding to distance from the previous residence and the removal from Office on time.
(2) the President of the district court fines against notaries public can only up to ten thousand euro, against notary assessors impose only up to one thousand euro.

§ 99 are taking for notaries in the first instance the Court of appeal and in the second instance the Federal Court jurisdiction.

Section 100 several courts of appeal are built in a country, the State Government can transferred the tasks that are assigned to this Act, the Court of appeal as a disciplinary one or some of the courts of appeal or the Supreme Court of the country by decree for the districts of all or several courts of appeal if this securing a uniform case law is useful.

§ 101 decides the higher regional court of occupation with the Chairman, an assessor who is hired as scheduled judge, and a member of the disciplinary cases against notaries public in the, the notary.

§ 102 are the Chairman, who must be at least a presiding judge at the High Court, his deputies and the judicial assessors and their deputies by the Presidium of the higher regional court in the number of permanent members of the Oberlandesgericht to the ordered life of five years. In addition, the provisions of the second title of the courts act and § apply 6 of the introductory act to the Judiciary Act according to.

Section 103 (1) the assessor from the ranks of the notaries public are appointed by the land administration of Justice. You must be ordered within the jurisdiction of the disciplinary court as notaries public. You are taken from a list, the Board of Directors of the Chamber of notaries of the land administration of Justice submits. The land administration of Justice to determine what number of assessors is required; She has to hear the Board of Directors of the Chamber of notaries. The list of the Board of the Chamber of notaries must contain at least half of more than the required number of notaries. Includes a Court of appeal to several districts of Notary Chambers or parts of such districts, so the land administration of Justice distributes the number of assessors to the districts of Notary Chambers.
(2) the assessor shall be at the same time 1st President of cash (article 113 paragraph 3) or belong to the Board of Directors of the Chamber of notaries, the Board of Directors of the Fund or the Presidium of the Federal Chamber of notaries;
2. when the Chamber of notaries, the cashier or the Federal notarial Chamber in the main or secondary activity be engaged;
3. a different disciplinary court (§ 99) belong to.
(3) only a notary public can be appointed to the assessor, who has reached the age of thirty and is active for at least five years without interruption as a notary public.
(4) to the assessor may not be appointed a notary, 1 where the conditions for a preliminary impeachment exist, 2 against the disciplinary proceedings or if the notary is also approved as a lawyer lawyer legal proceedings initiated is 3rd against the public proceedings for an offence which may have the inability to the clothing of public office resulted, is raised, , 4th against the in disciplinary proceedings in the last five years on a reference or a fine, or in the last ten years on removal from the previous residence or on removal from Office on certain time been recognized is, 5th against the lawyer-judicial proceedings, in the last five years a reference or a fine or in the last ten years banning representation (article 114, paragraph 1 No. 4 of the Federal legal order) have been imposed.
(5) the assessors are appointed for the duration of five years; they may be called back after expiry of their term. A Committee member retires prematurely, a successor shall be appointed for the remainder of the term.

§ 104 
(1) the assessor from the ranks of the notaries have all rights and obligations of a professional judge as such during the duration of their duties. Her Office is a voluntary work. You get a compensation amounting to the she'il make.5 past the highest amount referred to in paragraph 32008 of the cost directory to the Court and notary fees Act from the State Treasury for the costs associated with their activity. They also entitled to reimbursement of their travel and accommodation expenses in accordance with the numbers 32006, 32007 and 32009 of the cost directory to the Court and notary fees Act.
(1a) that an assessor Office ends as soon as the Office of the notary public expires or subsequently enters a circumstance which precludes the appointment according to § 103 para 2, and each agrees to the assessor. The assessors who have cash and notarial Chamber pursuant to sentence 1 to immediately report circumstances of the land administration of Justice and the Court of appeal. The first civil Senate of the higher regional court, which is responsible as a disciplinary court, if the Member concerned did not agree to the end decides on the termination of the Office pursuant to sentence 1 at the request of the land administration of Justice; Paragraph 2 sentence 3 to 5 shall apply accordingly.
(2) an assessor is to impeach 1 if is subsequently known that he not had may; be appointed, at the request of the land administration of Justice Office
2. If a circumstance arises subsequently, precludes the appointment;
3. when he grossly violated a duty.
The first civil Senate of the higher regional court or of the Supreme Court of the country, which is responsible as a disciplinary court decides on the application. The members of the disciplinary court (section 102) may not take the decision. Before deciding, the notary and Notary Chamber's Executive Board are to hear. The decision is final.
(3) the land administration of Justice can dismissed an associate judge at his request, when he prevented not foreseeable for health reasons or for weighty personal reasons cannot be expected to him it is, continue to perform his duties.

§ 105 for appeals against decisions of the higher regional court shall apply mutatis mutandis the provisions of the Federal disciplinary law appeals against decisions of the administrative court.

The Supreme Court decides § 106 in disciplinary cases against notaries public in the occupation with the Chairman, two judges and two notaries as assessors.

§ 107 are the Chairman, who must be at least a presiding judge at the Federal Supreme Court, his Deputy as well as the judicial assessors and their deputies by the Presidium of the Federal Supreme Court in the number of permanent members of the Federal Supreme Court ordered on that period of five years. In addition, the provisions of the second title of the courts act and § apply 6 of the introductory act to the Judiciary Act according to.

§ 108 (1) the assessor from the ranks of the notaries public are appointed by the Federal Department of Justice and Consumer Affairs. Eliminates a proposal list, the Bureau of the Federal notarial Chamber on the basis of proposals of the notarial chambers the Federal Ministry of Justice and to submit for consumer protection. The Federal Ministry of Justice and for consumer protection, what number of assessors is required; He has previously listen to the Presidium of the Federal Chamber of notaries. The list must contain at least double the number of notaries and composed half of full-time notaries and lawyers notaries.
(2) § 103 para 2 to 5 and article 104 para 1 sentence 2 to 6, para 1a to 3 shall apply mutatis mutandis with the proviso that the Federal Ministry of Justice and advocates for consumer protection at the point of the land administration of Justice and also the Presidency of the Federal notarial Chamber before the decision on the dismissal of an assessor is heard.
(3) notaries are Honorary judges. They have the status of a professional judge in the session, which they used as associate members.
(4) the notaries have about matters that are familiar to them in their activities as associate members to preserve secrecy. section 69a is to be applied accordingly. The President of the Federal Court of Justice granted approval to the statement.
(5) notaries appointed to assessors are to attract the individual meetings in the order in which of a list of the Chairman of the Senate establishes after consultation of the two oldest of the notaries appointed to assessors before the start of the fiscal year.

The rules of the Federal disciplinary law on the disciplinary proceedings before the Administrative Court are § 109 on the process of the Federal Court in disciplinary cases against notaries apply mutatis mutandis.

A misconduct of a notary, who is also a lawyer, in disciplinary proceedings or the legal proceedings for lawyers to decide (1) whether section 110 is, then determines whether missing is primarily with the Office as a notary or activity as lawyers in the related. This is doubtful or there is such a relationship, so is not, if it is a legal notary in the law court proceedings for lawyers to decide otherwise in disciplinary proceedings.
(2) a Court of law or a disciplinary court has previously valid for jurisdiction or jurisdiction agrees, so the other court in this decision is bound.

Entries in the files listed on the notary on a reference or a fine are § 110a (1) to pay off, even if they were side by side imposed after ten years. The operations incurred on these disciplinary actions are remove and destroy the documents listed on the notary. After expiry of the period these measures should not be considered for further disciplinary action.
(2) the period begins with the day on which the disciplinary measure has become incontestable.
(3) the period does not end as long as floats against the notary public criminal proceedings, disciplinary proceedings, a lawyer-judicial or professional legal proceedings, an other disciplinary measure or any lawyer-judicial action may be taken into account, or judgment denominated in fine is not yet enforced.
(4) after the expiry of the period the notary is not affected by disciplinary action.
(5) paragraphs 1 to 4 shall apply mutatis mutandis for admonitions by the Notary Chamber, and for Mißbilligungen by the supervisory authority. The period is five years.
(6) entries via strafgerichtliche convictions or other decisions in proceedings for offences, offences or infringement of professional or official duties, which have not led to a disciplinary measure, admonition, or disapproval are to pay off after five years at the request of the notary. Paragraph 1 apply accordingly set 2, paragraphs 2 and 3.
Part four transitional and final provisions § 111 (1) decides the higher regional court at first instance public law disputes according to this Act, a regulation adopted on the basis of this Act or a statute of one of the notarial chambers established under this Act, including the Federal notarial Chamber, as far as not the disputes are explicitly assigned to disziplinargerichtlicher way or another court (administrative notary matters).
(2) the Federal Court decides on the appeal 1 the appeal against the judgment of the Oberlandesgericht, 2. the complaints according to § 17a para 4 sentence 4 of the courts act.
(3) the Supreme Court decides in first and last instance 1 about actions, relating to the decisions, the Ministry of Justice and for consumer protection has taken or that it is responsible for, 2 over the annulment of elections and decisions of the Federal Chamber of notaries.
(4) the Court of appeal and the Federal Court decide in the occupation prescribed for disciplinary cases against notaries public.

§ 111a jurisdiction is the Court in whose district the administrative act was issued or to adopt would be; for sovereign measures which interfere with professional legal rights and obligations of the parties involved or realise, this shall apply mutatis mutandis. In all other matters, the Court of appeal is responsible, in whose territory the defendant has his Office or otherwise resident. Several courts of appeal are built in a country so the Government can regulate notwithstanding the jurisdiction of one or more courts of appeal by a regulation. The State Governments can confer the empowerment on the land justice administrative authorities.

section 111 b (1) as far as this law contains no deviating provisions regarding the judicial proceedings, the provisions of the administrative court shall apply mutatis mutandis. The Court of appeal shall be equivalent to an Administrative Court of appeals; section 111 d is not affected.
(2) the provisions of the administrative court procedure concerning the participation of volunteer judges, as well as the sections 35, 36 and 47 of the administrative court procedure are not applicable. The time limits of article 116, paragraph 2, and section 117 para 4 of the administrative court order amount to five weeks each.
(3) notaries and notary assessors can represent themselves.
(4) the suspensory effect of the annulment ends b of the administrative court procedure by way of derogation from § 80 with the nonrepudiation of the bureaucracy.

section 111c (1) is the claim against the Notary Chamber or authority, 1 which has issued the administrative act or would have to adopt; for sovereign measures which interfere with professional legal rights and obligations of the parties involved or realise, this shall apply mutatis mutandis;
2.
the resolution is subject to the procedure.
Appeals against decisions of the examination and other measures of the examination Office should be addressed to the head of the Audit Office.
(2) in proceedings between a member of the Executive Committee or Board of Directors and of the Notary Chamber, the Chamber of notaries is represented by one of its members, especially ordered the President of the competent court.

section 111 d against conclusive including judgments of part of, basic sentences, and Zwischenurteile on the admissibility is to appeal the parties, if it is approved by the Court of appeal or the Federal Court. The twelfth section of the administrative court order with the proviso that the Court of appeal in the place of the Administrative Court and the Federal Court in the place of the Oberverwaltungsgericht shall apply to the appeal procedure.

§ 111es (1) elections and decisions of the organs of the notarial Chambers, the Federal notarial Chamber and the funds with the exception of policy decisions according to § 71 para 4 No. 2 may be declared invalid or void, if it in violation of the law or the articles of Association have come or if they are not compatible with the law or the articles content.
(2) the action may be brought by the authority, which runs the State supervision, or a member of the Chamber of notaries. The complaint of a member of the notarial Chamber against a decision is only allowed to be hurt when it asserts, by decision in his right hand.
(3) a member of the Chamber may file an application within one month after the election or voting.

section 111f in administrative terms of the notary fees are charged according to the fee schedule of the plant to this law. In addition, they are for costs in proceedings before the courts of the jurisdiction of the administrative regulations of the court fees Act apply mutatis mutandis unless otherwise provided in this Act.

§ 111 g (1) the value determined according to section 52 of the Act of the court costs. It is set automatically.
(2) in proceedings, the charges on order to the notary or the appointment of a notary assessor, relating to impeachment, removal from Office or from the previous residence, or the discharge from the service, candidate, a value in dispute of EUR 50 000 is to assume. Taking into account the circumstances of the individual case, in particular the scope and the importance the Court may impose a higher or a lower value the thing as well as the assets and income of the plaintiff of.
(3) the determination is final; Section 63, paragraph 3 of the court fees Act remains unaffected.

§ 111 h on the protection of rights in excessively long court proceedings are the rules of the seventeenth title of the Judicature Act to apply. The provisions of this Act, which regulate the occupation of the higher regional court and the Federal Supreme Court in administrative terms of notary, shall not apply.

§ 112 country Governments be empowered, the tasks and powers, which are to the land justice administrative authorities under this Act, by a regulation on these subordinate authorities. The State Governments can confer Ordinance on the land justice administrative authorities this empowerment.

Article 113 (1) the Office of notary is a legal institution of under public law of the free State of Bavaria. It is headquartered in Munich. Your field of activity includes the free State of Bavaria and the Palatinate Oberlandesgericht Zweibrücken district. It runs an official seal. It acts under the legal supervision of the Bavarian State Ministry of Justice. This exerts supervision after closer agreement of the justice administrations involved. The budgetary and economic management of the notary office is audited by the Bavarian Supreme Court of Auditors in accordance with the rules of the Bavarian financial regulation.
(2) the State notary public bank is a legal institution of under public law of the free State of Saxony. It is headquartered in Leipzig. Your field of activity includes the districts of Notary Chambers of Brandenburg, Mecklenburg-Western Pomerania, Thuringia, Saxony and Saxony. It runs an official seal. It acts under the legal supervision of the Saxon State Ministry of Justice. This exerts supervision after closer agreement of the justice administrations involved. The budgetary and economic management of the State notary office is audited by the Saxon court of Auditors in accordance with the Saxon financial regulation.
(3) the notary office and the State notary public Bank (funds) have to meet the following: 1. complement of professional income of notaries, as far as this is necessary to maintain a proper preventive administration of Justice;
2. supply the departing notaries in the age and incapacitation, the notary assessors inability to service and supply their assigns, where the amount of the supply based on the pension-eligible service period including attribution in times regardless of the amount of the paid taxes;
3. uniform implementation of insurance of notaries according to § 19a and the notarial chambers according to article 61, paragraph 2 and article 67 par. 3 No. 3;
4. promotion of the scientific and practical training of notaries and notary assessors, as well as the professional training of notaries public, including the conduct of trials;
5. providing the necessary budgetary resources of the notarial chambers formed in the area of the Fund;
6. payment of remuneration of notary assessors in place of Notary Chambers;
7 economic management of the notarial positions perceived by a notary's Office Manager in place of Notary Chambers;
8 reimbursement of notary costs legal opinion which asks for a land administration of Justice, a court or an administrative authority in the field of activities of the Fund.
(4) the Office may perceive more tasks corresponding to the purpose of its establishment. You can employ in particular 1 expert staff, the notaries in its area of activity of Fund to the service are allocated 2 alone or jointly with the other cashier or notarial Chambers facilities within the meaning of article 67 par. 4 No. 3 to entertain, 3 paragraph 3 No. 3 complete beyond the port insurance, 4. take over the central translation management tasks of the individual notarial positions with voluntary participation, to the exclusion of profit against refund.
(5) the tasks of the notarial Chambers can transmitted by the land justice administrations of the Office their consent and the approval of the Fund.
(6) the notaries are obliged to employ the service assigned to them, in a service relationship with the Office staff.
(7) on the after paragraph 3 Nos. 2 and 6 against the Fund of reasonable supply and salary claims are to apply the procedural rules applicable to civil servants salaries according to.
(8) the organs of the Fund are the President and the Board of Directors.
(9) the President represents the cash and out of court. He leads their businesses and is responsible for the execution of those matters that are the responsibility not the Board of Directors. The President shall preside at meetings of the Board of Directors and takes its decisions.
(10) the President of the Office of notary is elected by the notaries in the field of activity of the Notary Office for the duration of four years. The President of the State notary office is selected by the Board of the State Notary Office for the duration of four years. The President must notary in the activities of the Fund and may not be member of the Board of Directors.
(11) the Board of Directors decides in particular on 1 statutes and regulations, 2. the budget and the adjustment of duties on the budgetary requirements, 3. the level of remuneration of notary assessors, 4. the principles for the education, examination and recruitment of expert staff, 5. the determination of the total number and the principles for the allocation of qualified employees at the notaries, 6 the principles applicable to the investment of the Fund.
The Board of Directors has its decisions by a simple majority of the votes cast, unless otherwise provided by statute.
(12) the members of the Board of Directors of the notary office are elected for the duration of four years by the notaries in the respective districts of Court of appeal in the field of activity of the notary office. The notaries public of a Court of appeal district choose two members to the Board of Directors. Exceeds the number of inhabitants in a higher regional court district two million, to increase the number of Board members from the Court of appeal district for ever more prisoners at two million to a member. The members of the Board of Directors must be a notary residing in the District of the respective Oberlandesgericht.
(13) the members of the Board of the State notary office are elected for the duration of four years by the notaries in the respective Notary Chambers in the field of activity of the State notary office. The notaries of a notarial Chamber choose two members to the Board of Directors; three members are to choose among more than three million inhabitants in the District of a notarial Chamber. The members of the Board of Directors must be a notary residing in the District of the relevant notarial Chamber.
(14) section 69a for the organs and staff of the Fund shall apply accordingly. The Board of Directors may exempt from the obligation to maintain secrecy. He approves the statement in court proceedings.
(15) before the bidding and confiscation of notary offices and the appointment of a notary assessors in the activities of the Fund, it is to listen to.
(16) before the decision of their budget play the notarial Chambers in the field of activities of the Fund. During checkout an Advisory Board is formed to advise concerning paragraph 3 No. 5, in which a member and the Board of Directors as many members send each notarial Chamber in its area of activity of the Fund. The President of the Treasury will chair the Advisory Board meetings. The Treasury is not bound by the vote of the Advisory Board.
(17) the Fund imposing fees on the basis of a tax statute on the notaries, insofar as this is necessary for the performance of their duties. To ensure the commitments arising from the tasks of the Fund assets can be made. The amount of taxes depends on the performance of the notary. The taxes can be set according to the sum of the fees to be collected by the notary also staggered. The tax statute can set allowances and fees excluded from the tax liability. Also regulates 1 the bases for the levies, 2. the height, the setting and the due date of the duties, 3. the survey procedure, 4. the tax law obligations of the notary, 5. the deferral and return on the tax liability as well as the assertion of late payment surcharges and security services, 6 whether and to what extent the salaries of notary assessors (§ 7 para 4 sentence 4) or specialized employees, assigned to the notaries are , are to repay.
Missing a tax statute, the supervisory authority may fix provisionally the duties. Overdue charges can be withdrawn on the basis of a request for payment issued by the President, with the certificate of enforceability under the rules on the enforcement of judgments in civil matters. The cashier can check the compliance with tax requirements including the underlying cost calculations and cost collecting by the notary. The notary has to examine access to his files, documents, accounts, directories and books to allow officers handed over to them and to furnish the necessary information.
(18) the Fund may require in the exercise of its powers by the notaries and notary assessors information, the submission of books and records, as well as the personal appearance before the President or the Board of Directors. The President may also repeatedly fix penalty after prior written notice, to enforce these obligations. The individual penalty shall not exceed one thousand euro. The penalty payment flows to the Fund; It will be recovered as an overdue tax.
(19) in addition, the tasks and legal relationships in the funds, their institutions and their responsibilities are determined by a statute. Adoption and amendments of the Statute and of the tax statute require the approval of the supervisory authority and the notice. The publication in the "official bulletin of National Notary Chamber Bavaria and the notary office" is carried out for the notary office. The publication in the "official bulletin of the State notary Bank" is carried out for the State notary office.

§ 113a (dropped out) § 113 b notarial Chambers outside the activities of the notary office and country Notary Office, notaries to the full-time duties are ordered in their area, to: 1 take measures to necessary support from newly occupied posts of notary public office holders;
2 according to § 73 para 1 with regard to the performance of the notaries, staggered raise posts; Business figures and the sum of the costs charged by the notary, tax base can be especially individually or collectively;
3. outstanding contributions by a notary public charge, which do not continue a connection to common practice with the successor in Office.

Section 114 of the Baden-Württemberg following special rules apply: (1) in addition to notaries notaries in the land service can be ordered according to § 3 para 1.
(2) notaries in the land service, applying for an order to the notary under § 3 para 1, are equal candidates that have done a three-year candidate service as notary assessor and reside in the candidate service of Baden-Württemberg. The same applies to persons who meet the requirements for appointment as a district notary. Section 5 sentence 1 does not apply to the extent second half-sentence. § 6 section 3 applies with the proviso that also the career path of the applicant is taken into account, especially benefi ts in the judicial service of the country.
(3) this Act does not apply to notaries in the land service. Affect the rules of their employment contracts, its jurisdiction and the procedure to be observed by them when their duties including the Appeals Unit.
(4) the notaries in the land service are entitled to join a Chamber of notaries in Baden-Württemberg as non-voting members. Ever a notary in the land service belongs to for the Baden and the Württemberg field of law the Board of a notarial Chamber of notaries in the country belong to, which is not entitled to vote. He also takes part in the representative assemblies of the Federal notarial Chamber without voting rights. The notary in the land service and his Deputy are elected by the notaries in the land service after jurisdictions out of the circle of those notaries in the land service joined the Chamber of notaries.
(5) access to the candidate service within the meaning of section 7 has also, who has the qualification for the career of the notary of the district. The land administration of Justice can refrain from the German judiciary Act in the service of the candidate to accept people with the qualification of judgeship if suitable applicants with qualification for the career of the notary of the district pursuant to sentence 1 available; the choice among such candidates is the personal and professional suitability under special consideration of the outcome of the career test to perform. Who made a three-year service for contender has and located in the candidate service of Baden-Württemberg, considered to be qualified within the meaning of § 5 (6) for staffing processes in the Baden area of law, for which the deadline set in the tender before July 21, 2009 has expired, apply article 6 b paragraph 3 not for notaries public of district of and persons who meet the requirements for appointment as a district notary.

§ 115 (dropped out) section 116 (1) in the judicial districts of the former Württemberg and hohenzollerischen parts of Baden-Württemberg, where on 1 April 1961, lawyers for the part-time duties as notaries could be ordered, lawyer Notaries can be ordered also. § 7 is not applicable in this respect. Article 4 shall apply mutatis mutandis.
(2) in the Länder of Hamburg and Rhineland-Palatinate section 3 subsection 2 does not apply. As far as on 1 April 1961 there, lawyers have exercised the Office of notary public in the secondary, it retains this leave.
(3) in article 1 paragraph 1 of the Treaty between the States of Mecklenburg-Vorpommern and area mentioned Lower Saxony over the reclassification of municipalities in the former Amt Neuhaus and other areas to Lower Saxony only law notaries be ordered.
Footnote § 116 para 1 sentence 3: Gg compatible. BVerfGE v. 5.5.1964 I 430-1 BvL 8/62 - § 117 consists of several countries a Community Court, so the following applies: 1. the land administration of Justice of the country, in which the Court of appeal not domiciled, can the powers available to the President of the Court of appeal under this Act on another judge transferred.
2. the notaries public of each country make a notarial Chamber. Section 86, paragraph 1, sentence 2 shall not apply.

two notarial Chambers may consist of section 65, subsection 1, sentence 1 Notwithstanding section 117 (1) In the area of the District of the higher regional court of Frankfurt am Main.
(2) on September 8, 1998 in the countries existing Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia notarial Chambers, whose registered office is contrary to section 65 paragraph 2 not at the headquarters of the Oberlandesgericht, remain in place.

§ 117 by way of derogation from § 5 also a German citizen as a notary can be ordered b (1), who has completed a postgraduate law degree at a university or College of the German Democratic Republic with the State examination and completed a two-year traineeship with a State examination. The preparation service with the State examination is waived if the candidate worked as notary in a State notary's Office or has worked ten years as a lawyer and notary-specific knowledge can prove.
(2) by way of derogation from § 47 No. 1 Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia ordered notaries, who have reached age the 58th, on 8 September 1998 can in the countries up to the expiry of the 7 September 2010 in Office remain.

Section 118 (1) the administrative procedures initiated before 1 September 2009 in notarial matters are in the position where they are continued under this act as amended as of this day, on this day, as far as nothing else is determined. Measures that have been taken on the basis of the legal force until August 31, 2009, remain valid. On administrative proceedings initiated before 1 September 2009 notary are the force until this day costs regulations continue to apply.
(2) the admissibility of appeals against decisions that have been issued before September 1, 2009, as well as the procedure are governed by the legal force until this day.
(3) before September 1, 2009 pending court proceedings in administrative terms of the notary will be continued in accordance with force until this day including the costs of legal settlements.

§ 119 (dropped out) section 120 (1) for filling procedure, the entry into force of article 1 No. 1 of the Act to amend the Federal notarial regulations (rules of access to a lawyer-notary's Office) of 2 April 2009 (BGBl. I p. 696) are not completed, § 6 of the Federal notarial regulations, in the version applicable up to that time.
(2) an admission to the notarial examination is only possible by February 1, 2010.
(3) the notarial Chambers are empowered, the training procedure pursuant to § 6 paragraph 2 sentence 4 in the version resulting from article 1 point 1 of the Act of April 2, 2009 (Federal Law Gazette I p. 696) to be issued before May 1, 2011. Applicants can go through the practical training according to § 6 paragraph 2 sentence 2 to 4 as amended by the law on the basis of the training regulations issued by the Notary Chamber and approved by the land administration of Justice referred to in sentence 1 prior to May 1, 2011.

Article 121 (1) the disciplinary proceedings initiated prior to 1 January 2010 are in the position where they are continued under this act as amended as of this day, on this day, as far as nothing else is determined. Measures that have been taken on the basis of law force until December 31, 2009, remain valid. The continuation of a disciplinary procedure pursuant to sentence 1 shall be equivalent to the initiation of a disciplinary procedure within the meaning of § 95a paragraph 1 sentence 2.
(2) formal disciplinary proceedings initiated prior to 1 January 2010 are continued after the legal force until December 31, 2009. In this procedure, the applicable until December 31, 2009 right to apply is also for the introduction and implementation of the judicial process.
(3) prior to 1 January 2010 pending judicial disciplinary proceedings or court proceedings in accordance with article 75, paragraph 5 be continued according to the law of force until December 31, 2009.
(4) the admissibility of appeals against decisions in disciplinary proceedings, which have been issued prior to January 1, 2010, shall be determined according to the law of force until December 31, 2009. In the proceeding, also apply the provisions of the law applicable to this day.
(5) the decisions judgments up to December 31, 2009, in a disciplinary are according to the law to be enforced when they have become incontestable force until this day.

Plant (to section 111f set 1) schedule of fees outline section 1 of first instance under section 1 Court of appeal under section 2 Federal Court section 2 approval and implementation of the appeals section 3 of provisional legal protection under section 1 Court of appeal under section 2 Federal Court as a Court of appeal in the main proceedings under section 3 Federal Court section 4 complaint for violation of the right to be heard no. fees offence charges amount or rate of the fee according to § 34 GCG section 1 of first instance under section 1 Court of appeal 110 procedures in the General 4.0 111 termination of throughout the process by
1. withdrawal of a lawsuit) before the close of the oral procedure, b) if one does not take place before the end of the day on which the judgment, the Court decision or the decision on the merits of the Secretariat is submitted, c) in the case of § 111b para 1 sentence 1 of the Federal notarial regulations i. V. m. section 93a paragraph 2 vwgo provides that before the Declaration deadline after section 93a paragraph 2 sentence 1 vwgo provides that , 2. acceptance or waiver judgment, 3. settlement or 4 registration statements pursuant to § 111 b para 1 sentence 1 of the Federal notarial regulations i. V. m. § 161 para 2 vwgo provides that, if no decision on costs is taken or the decision of previously communicated agreement of the parties over expenses borne or the cost transfer Declaration of a party follows, unless that already another one of the judgments referred to in paragraph 2 , is preceded by a court order or decision on the merits: the fee 110 concessions located on the fee is reduced also, if several facts of the discount are met.
2.0 subsection 2 Supreme 120 procedures in the General 5.0 121 termination of all proceedings by 1 withdrawal of the lawsuit a) before the close of the oral procedure, b) if one does not take place before the end of the day on which the judgment or the court order of the Office is delivered, c) in the case of § 111b para 1 sentence 1 of the Federal notarial regulations i. V. m. section 93a paragraph 2 vwgo provides that before the Declaration deadline after section 93a paragraph 2 sentence 1 vwgo provides that , 2. acceptance or waiver judgment, 3. settlement or 4 registration statements pursuant to § 111 b para 1 sentence 1 of the Federal notarial regulations i. V. m. § 161 para 2 vwgo provides that, if no decision on costs is taken or the decision of previously communicated agreement of the parties over expenses borne or the cost transfer Declaration of a party follows, unless that already another one of the judgments referred to in paragraph 2 , is preceded by a court order or decision on the merits: the fee 120 concessions located on the fee is reduced also, if several facts of the discount are met.
3.0 section 2 approval and implementation of vocation 200 procedures on the admission of the appeal: unless the request is rejected will be 1.0 201 procedures on the admission of the appeal: as far as the application withdrawn or terminated the proceedings terminated by settled the fee is not, unless the appeal is approved.
0.5 202 procedure generally 5.0 203 termination of the entire process through withdrawal of the appeal or the lawsuit, before the writing to the ground of the appellate court has entered: 202 fee reduced on 1.0 registration statements according to § 111 b para 1 sentence 1 Federal notarial regulations i. V. m. § 161 para 2 vwgo provides that are withdrawal equal if no decision on costs is taken or the decision of previously communicated agreement of the parties over expenses borne or the cost transfer Declaration of a party follows.
 
204 is termination throughout the procedure, if not number 203 by 1 withdrawal of the appeal or a complaint) before the close of the oral procedure, b) if one does not take place before the expiration of the day on which the judgment or the decision on the merits of the Secretariat is submitted, or c) in the case of § 111 b para 1 sentence 1 of the Federal notarial regulations i. V. m. section 93a paragraph 2 vwgo provides that before the Declaration deadline after section 93a paragraph 2 sentence 1 vwgo provides that , 2. acceptance or waiver judgment, 3. settlement or 4 registration statements pursuant to § 111 b para 1 sentence 1 of the Federal notarial regulations i. V. m. § 161 para 2 vwgo provides that, if no decision on costs is taken or the decision of previously communicated agreement of the parties over expenses borne or the cost transfer Declaration of a party follows, unless, of course, already an other than one of the judgments referred to in point 2 or a decision on the merits is preceded : The fee 202 is reduced is on the charge off also, if several facts of the discount are met.
3.0 section 3 provisional legal protection preliminary remark 3: (1) the provisions of this section apply to interim measures and procedures pursuant to § 111 b para 1 sentence 1 of the Federal notarial regulations i. V. m. § 80 paragraph 5 and § 80a paragraph 3 vwgo provides that.
 (2) in the proceedings the fees are charged separately on the application for adoption and in the proceedings on the request for waiver of an interim order. Multiple procedures according to § 111 apply b para 1 sentence 1 of the Federal notarial regulations i. V. m. § 80 paragraph 5 and 7 and § 80a paragraph 3 vwgo provides that within an instance as a procedure.
Unterabschnitt 1 Oberlandesgericht 310 procedure in the General 2.0 311 termination of all proceedings by 1 withdrawal of the application for a) prior to the conclusion of the hearing or, b) if one does not take place before the expiration of the day delivered the decision of the Office, 2. settlement or 3. explanation of registration according to § 111b para 1 sentence 1 of the Federal notarial regulations i. V. m. § 161 para 2 vwgo provides that , if no decision on costs is taken or the decision of previously communicated agreement of the parties over expenses borne or the cost transfer Declaration of a party follows, except that a decision on the request is already preceded: the fee of 310 is reduced to 0.75 the fee is reduced also, if several facts of the discount are met.
 
Unterabschnitt 2 Federal Court as a Court of appeal on the merits 320 procedures in General 1.5 321 termination of all proceedings by 1 withdrawal of the application for a) prior to the conclusion of the hearing or, b) if one does not take place before the expiration of the day delivered the decision of the Office, 2. settlement or 3. explanation of registration according to § 111 b para 1 sentence 1 of the Federal notarial regulations i. V. m. § 161 para 2 vwgo provides that , if no decision on costs is taken or the decision of previously communicated agreement of the parties over expenses borne or the cost transfer Declaration of a party follows, except that a decision on the request is already preceded: the fee of 320 is reduced to 0.5 the fee is reduced also, if several facts of the discount are met.
 
Subsection 3 Federal Court preliminary 3.3:
 The provisions of this subsection apply when the Federal Supreme Court in the main proceedings is at first instance jurisdiction.
330 procedures in the General 2.5 331 termination of all proceedings by 1 withdrawal of the application for a) prior to the conclusion of the hearing or, b) if one does not take place before the expiration of the day delivered the decision of the Office, 2. settlement or 3. explanation of registration according to § 111b para 1 sentence 1 of the Federal notarial regulations i. V. m. § 161 para 2 vwgo provides that , if no decision on costs is taken or the decision of previously communicated agreement of the parties over expenses borne or the cost transfer Declaration of a party follows, except that a decision on the request is already preceded: the fee of 330 is reduced to 1.0 the fee is reduced also, if several facts of the discount are met.
 
Section 4 complaint for violation of the right to be heard 400 proceedings on the complaint for violation of the right to be heard: the complaint is rejected in its entirety or rejected 50,00 EUR annex EV EinigVtr annex I excerpt chapter III subject A sections I and IV (BGBl. II, 1990, 889, 921, 938) section I - of the entry into force in the acceding territory excluded provisions - section IV - Special rules for the State of Berlin - section I of the entry into force of the Federal law in accordance with article 8 of the contract are, subject to the special arrangements for the State of Berlin, in section IV, taken:...
8 federal notarial regulations in the in the Federal Law Gazette Part III, outline number 303-1, adjusted version, last amended by article 1 of the Act of August 7, 1981 (Federal Law Gazette I p. 803).
... Section IV...
1 following legislation shall apply by way of derogation from section I in the joined part of the Land Berlin: b) Federal notarial regulations in the in the Federal Law Gazette Part III, outline number 303-1, adjusted version, last amended by article 1 of the law of 7 August 1981 (BGBl. I S. 803), with the following conditions: in the part of the State of Berlin, in which the basic law not previously, only attorneys at law for the duration of their admission to a court as notaries of to concurrent duties in addition to the profession are of the Lawyer ordered.
Lawyers who are appointed to the effective date of accession in the part of the State of Berlin to lawyer notaries in private practice, be ordered according to their admission to a court in Berlin, in which the basic law not previously, law notaries after the Federal notarial regulations. They belong to the Berlin Chamber of notaries.
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Footnote EV section I annex No. 8 italics: G occurs in the States of Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia pursuant Article 13 paragraph 1 in accordance with d para 2-11 G v. extension I 2585 (BNotOuaÄndG 3) mWv 8.9.1998 in force