Federal notaries (BNotO)

Unofficial table of contents

BNotO

Date of completion: 13.02.1937

Full quote:

" Bundesnotarordnung in der im Bundesgesetzblatt Part III, outline number 303-1, published revised version, the latest by Article 136 of the regulation of 31 August 2015 (BGBl. I p. 1474).

Status:

Last amended by Art. 136 V v. 31.8.2015 I 1474

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 24.8.1975 + + +) 
(+ + + measures for beigetr.  Part of the Land Berlin cf.  BNotO Annex EV + + +) 

  

The G does not apply in the Oberlandesgericht district of Karlsruhe gem. Section 115, sentence 1.
The G is in the acceding five countries (Art. 1 (1) EinigVtr) by way of derogation from Anl. I chap. III Sachg. A Sect. I n ° 8 EinigVtr v. 31.8.1990 iVm Art. 1 G v. 23.9.1990 II 885, 921 gem. Article 13 (1) in accordance with d. Paragraph 2 to 11 G v. 31.8.1998 I 2585 mWv 8.9.1998 I (BNotOuaÄndG 3) entered into force; it is applicable in accordance with. L. I chap. III Sachg. A Sect. IV No. 1 (b) EinigVtr in the acceded part of the Land of Berlin with measures. Unofficial table of contents

Content Summary

First part: The Office of the Notars
	1.	Section:	Order to the notary	§ § 1 to 13
	2.	Section:	Performance of the Office	§ § 14 to 19a
	3.	Section:	The term of office	§ § 20 to 24
	4.	Section:	Other duties of the notary	§ § 25 to 32
			(dropped)	§ § 33 to 37
	5.	Section:	Absence and prevention of the notary. Notaries	§ § 38 to 46
	6.	Section:	Extinguisher of the Office. Provisional impeachment. Notariatsverweser	§ § 47 to 64
	7.	Section:	General rules governing the administrative procedure	Section 64a
Second part: emergency chambers and federal emergency chambers
	1.	Section:	Emergency chambers	§ § 65 to 75
	2.	Section:	Bundesnotarkammer	§ § 76 to 91
Third part: supervision. Disciplinary procedure
	1.	Section:	Supervision	§ § 92 to 94
	2.	Section:	Disciplinary procedure	§ § 95 to 110a
Fourth part: transitional and final provisions				§ § 111 to 119

Part one
The Office of the Notars

Section 1
Order to the notary

Unofficial table of contents

§ 1

As independent bodies of a public office, notaries are appointed for the assessment of legal processes and other tasks in the field of preventative administration of justice. Unofficial table of contents

§ 2

Notaries shall, unless otherwise specified, be subject exclusively to the provisions of this Act. They shall have an official seal of office and shall bear the name of Notarin or notary. Her profession is not a business. Unofficial table of contents

§ 3

(1) Notaries shall be appointed for the purposes of their professional duties on life. (2) In the judicial districts where the office of the notary was only exercised in the secondary profession on 1 April 1961, only lawyers for the duration of the duties shall continue to be appointed. (3) (omitted) Your membership in the Bar of the Bar as an notary for the legal profession in addition to the profession of lawyer (Anwaltsnotare). (3) (omitted)

Footnote

§ 3 (2): Does not apply in the countries of Hamburg and Rhineland-Palatinate pursuant to § 116 para. 2; idF d. Art. 3 No. 1 G v. 26.3.2007 I 358 mWv 1.6.2007 Unofficial table of contents

§ 4

So many notaries are appointed, as is the requirements of an orderly administration of justice. In particular, it is necessary to take into account the need for adequate provision of notarial services for the right-seekers, and for the maintenance of an orderly age structure of the notary profession. Unofficial table of contents

§ 5

Only those who have obtained the qualification for the judge's office in accordance with the German Judge Act may be ordered to the notary. The Professional Qualification Order Act is not applicable. Unofficial table of contents

§ 6

(1) Only such applicants shall be ordered to designate notaries who are suitable for the office of the notary according to their personality and performance. Applicants cannot be appointed to notaries for the first time if they have completed the sixtieth year of their application at the end of the application period. (2) In the case of § 3 paragraph 2, the notary is to be appointed as a notary, who proves that he/she is responsible for the expiry of the Application deadline

1.

worked as a lawyer for at least five years to a considerable extent for various contracting entities,

2.

the activity referred to in point 1 has been carried out for at least three years without interruption in the official area envisaged,

3.

has passed the notary examination in accordance with § 7a and

4.

From the calendar year following the existence of the notary examination, to the extent of at least 15 hours per year has participated in notary specific training events carried out by the emergency chambers or professional organizations.

Before placing the order on the notary, the applicant must also prove that he is sufficiently familiar with the notarial professional practice; this proof is usually to be provided by the applicant after the notarial period has passed. Technical examination 160 hours of practical training at a notary, which is determined by the emergency chamber responsible for the envisaged official area. Practical training can be shortened to up to 80 hours if the applicant experiences comparable experience as a notary representative or notary administrator or through successful participation in the emergency chambers or the professional organizations Practical training courses carried out. The details of sentences 2 and 3 regulate the notary chamber in a training order which requires the approval of the country's justice administration. The activity referred to in the first sentence of 1 (1) shall, at the request of the time referred to in paragraph 4 and periods of temporary waiver, shall be subject to admission to the Bar for the pregnancy or care of a child or of a dependants. shall be credited for a period of 12 months. Interruptions in the activities referred to in the first and second sentences of 1 and 2 shall be disregarded as a result of events of daily life. The period referred to in the fifth sentence shall not be regarded as an interruption of the activity referred to in the first sentence of paragraph 2 for a period of up to 12 months. (3) The order in which the selection is made among several suitable candidates shall be determined by the person and by the professional competence, taking into account the state examination of the legal training and the services shown during the preparation for the notary profession. In the case of section 3 (1), the duration of the contender must be taken into account appropriately. In the case of § 3 (2) the professional competence is assessed according to points; the score is determined to be 60 of the hundred according to the result of the notary examination and to 40 of the hundred according to the result of the legal training final State examination, unless, in the case of an applicant, the notary is or has been, exceptionally, after hearing the notary chamber, special circumstances which are to be taken into account as a priority must be taken into account. If the number of points is the same, the result of the notarial examination must be determined. (4) The national governments are authorized, by means of a legal regulation, to apply provisions on the calculation of duty and replacement service times, times of Employment bans on maternity leave and periods of leave due to parental leave for the duration of the service referred to in the second sentence of paragraph 3 and, in the case of a new appointment, on the periods of temporary residence To take office pursuant to § 48b on the previous term of office. You can transfer the empowerment to the Land Justice Administrations by means of a legal regulation. Unofficial table of contents

§ 6a

The order must be denied if the applicant neither proves that professional indemnity insurance (§ 19a) exists, nor submits a provisional statement of cover. Unofficial table of contents

§ 6b

(1) The candidates shall be determined by invitation to tender; this shall not apply in the case of a new appointment after a temporary laying down of the office pursuant to § 48c. (2) The application shall be within the set of the invitation to tender or the application of the contract. (3) If an applicant was unable to comply with the deadline without his fault, he must be granted reinstatation at the previous level upon request. The application shall be submitted within two weeks of the removal of the obstacle. The facts on the grounds for the application shall be made credible. The application must be completed within the application deadline. (4) In the case of the selection among several applicants in accordance with § 6 para. 3, only those circumstances which were available at the end of the application period must be taken into account. In the case of Section 7 (1), the State Justice Administration may determine a different date. Unofficial table of contents

§ 7

(1) As a rule, the main professional duties as notary (§ 3 para. 1) are to be ordered only, who has served as a notary assessor for a three-year contender and is in the contender service of the country in which he/she is responsible for the appointment (2) The selection among several suitable candidates for admission to the recruitment service is based on the personal and professional suitability with special consideration of the services in which the legal training is final State audit. Applicants must be determined by invitation to tender; § 6b (2) to (4) shall apply accordingly. They can also be determined by allowing them to be registered in a constantly kept list of candidates for a certain period of time. The guidance of such a list is generally known. (3) The Notarassessor is appointed by the State Justice Department after hearing the Notary Chamber. The President of the Notary Chamber shall transfer the notary's assessor to a notary. He undertakes the notary assessor to a conscientious obligation of duty by handshake. (4) The notary assessor is in a public service relationship with the state during the contender service. With the exception of section 19a, it shall have the same general terms of office and other obligations as the notary. From the date of the assignment, he shall receive references from the notary chamber for the duration of the contender service, which are to be equated to those of a judge on the sample. For this purpose, the notary chamber provides guidelines and, in general or in individual cases, whether and at what level the notary, to whom the notary assessor has been referred, is obliged to reimburse the references. (5) The notary assessor is from the notary in a to the purpose of the contender service. The more detailed provisions concerning the training of the notary assessor shall be taken by the provincial government or by the body designated by it by means of a regulation of the law. (6) The contender shall cease to apply.

1.

with the order to the notary,

2.

with the dismissal from the service.

(7) The notary assessor is to be dismissed from the service if he requests his dismissal. He can be dismissed if he

1.

is proving to be unsuitable for ordering the notary,

2.

without sufficient reason, within a period to be determined by the State Administration of Justice, which is not to exceed two months, does not enter into the service of the contender,

3.

in the absence of sufficient reason, the three-year-old service provider does not apply for a notary body offered to him by the Land Justice Administration, which has been previously advertised and the lack of suitable candidates will not be filled could.

Unofficial table of contents

§ 7a

(1) The notarial examination shall be admitted on request, who has been admitted to the legal profession for three years and fulfils the conditions for ordering the notary according to § 5. (2) The notary examination serves the purpose of proving that and in the degree to which a lawyer is professionally qualified to exercise the notary's office as a lawyer's notary. It is divided into a written and an oral part. (3) The notarial examination serves as the "Bestenauslese" ("Bestenauslese"). The consistency of the testing requirements and the performance evaluation shall be ensured. The examination can be carried out in different places. (4) The examination material of the written and the oral examination covers the entire area of notarial duties. The examination areas are regulated by the Federal Ministry of Justice and Consumer Protection by means of a legal regulation which requires the approval of the Federal Council. (5) For the assessments to be carried out by the individual examiners and the formation of the The overall grade of the examination is subject to § § 1 and 2 of the Regulation on a scale of grades and points for the first and second legal state examination of 3 December 1981 (BGBl. I p. 1243). (6) The written examination shall be taken into account at a rate of 75 per cent, and the oral examination shall be taken into account by a proportion of 25 of the hundred in the result of the notarial examination. The notary examination has been passed if the examinee has reached at least the total score of 4,00. (7) If the test has not been passed or has been declared unpassed, it can be repeated once. A passed examination can be repeated at the earliest after three years from the announcement of the decision on the result of the notarial examination with the aim of improving the score once. Unofficial table of contents

§ 7b

(1) The written examination shall comprise four five-hour supervisory work. It serves to determine whether the examinee has acquired the necessary expertise for notarial activity and whether it is capable, in limited time, of a legally sound and appropriate solution for a limited period of time for the purposes of: (2) Each oversight work shall be evaluated successively by two examiners. The names of the examinees may not be known to the examiners prior to the completion of the review of the supervisory work. At least one attorney's notary shall be involved in the correction of the edits of each individual task. If the assessments of a supervisory work differ from one another by no more than three points, the mean value shall apply. If the examiners cannot reach a few or three points in the case of major deviations, a further auditor decides; he can decide to assess a tester or a score between the ratings. (3) The assessments of the supervisory work shall be announced to the examinee with the summons to the oral examination. If more than one oversight work is valued at less than 4.00 points, or if the overall average of all oversight work is less than 3.50 points, the examinee is excluded from the oral examination and does not have the notarial examination. passed. Unofficial table of contents

§ 7c

(1) The oral examination shall include a lecture on a notarial task and a group examination interview, which shall be subject to different examination areas. The examination should take about an hour for each test session. As a rule, no more than five test specimens are to be tested simultaneously. In the oral examination, the examinee should, in addition to his knowledge, also demonstrate in particular that he understands the examination and duty of examination subject to a notary's duties in an appropriate manner and in accordance with the situation. (2) The oral examination is accepted by an examination board consisting of three examiners. They must be present throughout the examination. An auditor appointed on a proposal from the Land Justice Administrations, in whose area Anwaltsnotare will be appointed, will be chaired by the Presidency. An examiner is to be attorney's notary. (3) At the oral examination representatives of the emergency chambers, the federal notary chamber, the examination office, the Federal Ministry of Justice and for consumer protection and the state justice administrations can be present. The Examination Office may allow persons who have been admitted to the notary examination to be a listener. Only the members of the Audit Committee shall participate in the deliberations. (4) Following the oral examination, the examiners shall evaluate the presentation and the examination interview in accordance with Section 7a (5). If the evaluations differ from one another, the mean value shall apply. The audit committee then announcates the evaluation of the evaluations. A detailed explanation of the evaluations can only be requested immediately and only takes place verbally. Unofficial table of contents

§ 7d

(1) The notification of the result of the notarial examination is to be sent to the examinee. A certificate from which the overall grade of the examination with a grade designation and a point value can be seen is issued via the notarial examination subject to the examination. In case of a repeat of the notarial examination, a certificate is issued only in the case of the improvement of the score. (2) The head of the examination office decides on an objection. (3) (omitted) Unofficial table of contents

§ 7e

(1) The examination shall be deemed not to exist if the examinee resigns without sufficient apology after the admission to the examination, does not issue a supervisory work in time or does not make an appointment in time for the oral examination or not. (2) Anyone who proves that he was prevented from taking up one or more oversight work or making a timely delivery of one or more of his/her unjustifiable reasons can re-prepare the missing supervisory work; those already in Audit services provided shall remain unaffected. Anyone who proves that he missed the oral examination, in whole or in part, from a reason not to be considered by him, can make up for it. Unofficial table of contents

§ 7f

(1) A test subject to influence the result of the notary examination by the use of unauthorised aids, inadmissible third party assistance or other deception is to be evaluated with zero points. In the case of a serious or repeated attempt to deceive the entire notarial examination for failure to pass it is to be explained. (2) If a severe deception attempt is known after the announcement of the overall grade of the examination, the notarial concerned may be (3) A test subject that violates the order can be excluded from the continuation of the preparation of the oversight work or the oral examination. If the test is excluded from the continuation of the preparation of a supervisory work, it shall be deemed to be deemed to have zero points. In the event of a repeated exclusion from the preparation of a supervisory work or of the exclusion from the oral examination, the notary examination shall be deemed not to pass. Unofficial table of contents

§ 7g

(1) The examination is carried out by the "Examination Office for the notarial examination at the Bundesnotarkammer" (examination office). (2) The examination office decides on admission to the examination, determines the examiners. including the other auditor (§ 7b para. 2 sentence 5) as well as the examination committees, sets the examination dates, invites the examinees, determines the examination result, grants the examination certificate, decides on the consequences of an audit violation and on contradictions in accordance with § 7d (2) sentence 1. The closer details are regulated by the Federal Ministry of Justice and Consumer Protection by means of a regulation which requires the approval of the Federal Council. (3) The Head of the Examination Office shall represent the Office in connection with the notary examination in the administrative procedure and in the judicial procedure. The head and his permanent representative must have the competence to the judge's office. They will be appointed by the Federal Ministry of Justice and Consumer Protection for a period of five years in agreement with the State Justice Administrations, in the area of which Anwaltsnotare will be appointed. A new appointment is possible. (4) A task commission will be set up at the examination office. It determines the tasks for the written examination, decides on the approved tools and prepares proposals for the oral examinations. The members of the task committee shall have one of the qualifications referred to in the first sentence of paragraph 6. They shall be appointed by the Head of the Examination Office in agreement with the Board of Directors for a period of five years. A new order is possible. The members of the task commission receive an appropriate remuneration for their activities. (5) A board of directors is set up at the examination office. He is responsible for the supervision of the head of the examination office and the task committee. The Board of Directors consists of one appointed by the Federal Ministry of Justice and Consumer Protection, one by the Federal notary chamber and three by the State Justice Administrations, in whose area Anwaltsnotare are appointed, named Members. (6) To be examiners are appointed by the Examination Office for a period of five years:

1.

Judges and civil servants with the qualification as judge, even after retirement, on a proposal from the Federal Ministry of Justice and Consumer Protection and the State Justice Administrations, in whose area Anwaltsnotare are appointed,

2.

Notaries and notaries other than service on the proposal of the emergency chambers and

3.

other persons who have equivalent qualifications to the persons referred to in paragraphs 1 and 2, in agreement with the Federal Ministry of Justice and Consumer Protection and the State Justice Administrations, in the area of which Anwaltsnotare order.

A new order is possible. The order can be revoked for important reasons. With the completion of the 70. The examiners will be divorced from each other; this shall not affect the participation in an appeal proceedings. (7) The examiners shall be factually independent in the case of audit decisions and shall not be bound by instructions. Moreover, in their capacity as examiners, they are subject to the supervision of the examination office. They will receive appropriate remuneration for their activities. Unofficial table of contents

§ 7h

(1) Fees are to be paid to the Federal Emergency Chamber for the examination and for the unsuccessful appeal procedure. The admission to the examination will only take place when the examination fees have been received by the Federal Emergency Chamber. If the applicant resigns before the examination takes place, the fee for the examination shall be reimbursed to three quarters. If the applicant steps back to the end of the processing period for the last supervisory work, the fee shall be paid in half. A refund of fees in the case of § 7f is excluded. (2) The Federal Emergency Chamber shall determine the amount of the fees referred to in paragraph 1, the details of the fee collection as well as the remuneration of the Head and the staff of the Examination Office, who shall: Members of the Task Commission and the Auditor by statute, which requires the approval of the Federal Ministry of Justice and for Consumer Protection. Unofficial table of contents

§ 7i

The Federal Ministry of Justice and Consumer Protection, with the consent of the Federal Council, regulates the organisation and course of the examination office, the selection and the appointment of the examiner, with the consent of the Federal Council, of the Audit procedure and the decision-making procedure on the Board of Directors. Unofficial table of contents

§ 8

(1) The notary shall not be the holder of a resounding office at the same time. In individual cases, the State Administration of Justice may, after consulting the notary chamber, permit revocable exceptions at any time; in this case, the notary must not exercise his duties in person. (2) The notary must not exercise any further occupation; § 3 para. 2 remains unaffected. At the same time, the attorney's notary may exercise the profession of patent attorney, tax adviser, auditor and sworn accountant. (3) The notary requires the approval of the supervisory authority

1.

for the acquisition of secondary employment in respect of remuneration, in particular for a commercial activity,

2.

for admission to the Management Board, Supervisory Board, Board of Directors or any other institution of a company, cooperative or commercial enterprise operating in a different legal form.

The authorisation shall be refused if the activity referred to in the first sentence is not compatible with the public office of the notary, or if confidence in its independence or impartiality may endanger its independence or impartiality. Prior to the decision on the permit, the emergency chamber is to be heard. The approval may be subject to conditions or may be limited in time. (4) The acceptance of the Office as a executor, insolvency administrator, arbitrator or guardian or similar to an official order shall not be subject to authorisation. , as well as a scientific, artistic or lecture activity. Unofficial table of contents

§ 9

(1) Notaries may only associate themselves with notaries appointed at the same Headquarters for the purposes of joint vocational training or have joint business premises with them. The State Governments or the bodies designated by them shall be empowered to take account of the requirements of an orderly administration of justice, in particular with regard to local needs and customs, by means of a legislative decree. determine,

1.

that a connection to the joint professional practice or a sharing of the premises referred to in the first sentence shall be admissible only with the approval of the supervisory authority, which may be subject to conditions or may be limited, and after consultation of the notary chamber;

2.

the conditions for the joint exercise of the profession or the sharing of business premises, in particular the maximum number of members of the profession involved, and the reasons for the establishment, management, continuation and termination of the connection for the joint professional practice or the use of common business premises.

(2) Anwaltsnotare may only connect with one another, with other members of a Bar Association, patent attorates, tax advisers, tax agents, accountants and sworn accountants for the purposes of joint professional practice, or with common business premises. (3) The connection to the joint professional practice or the sharing of the business premises is only permitted, insofar as this is the personal and independent management of the office, independence and Impartiality of the notary will not be compromised. Unofficial table of contents

§ 10

(1) The notary shall be assigned a specific place as Headquarters. In cities of more than one hundred thousand inhabitants, a certain district or district court district can be assigned to the notary as Headquarters. The Headquarters may be moved with the consent of the notary, taking into account the interests of an orderly administration of justice after consultation of the notary chamber. The notary's consent is not required for the assignment of another official residence on the basis of a disciplinary court judgment. (2) The notary has to hold his office at the Headquarters. He shall take his place of residence in such a way that he will not be affected in the proper exercise of his duties; the supervisory authority may instruct him to take his residence at Headquarters if this is necessary in the interests of the administration of justice. At the attorney's notary, the office and the firm must agree on a local basis in accordance with Section 27 (1) of the Federal Legal Code. (3) The notary shall keep his office open during the usual hours of business. (4) The notary may be required to pay the notary. without the approval of the supervisory authority, it shall not be authorised to do so. The same is true for the holding of out-of-the-box office days. The permit may be subject to conditions and may be issued with the reservation of revocation and may be limited to a limited period. The notary chamber shall be heard prior to the granting or termination of the authorisation. Unofficial table of contents

§ 10a

(1) The office of the notary is the district of the district court in which he has his official residence. In accordance with the requirements of an orderly administration of justice, the Land Justice Administration may, by way of derogation, determine the boundaries of the official area in general or in individual cases with the assignment of the Headquarters, and such stipulations, in particular for adaptation to (2) The notary shall carry out his/her primary client activity (§ § 20 to 22) only within his/her office, unless special legitimate interests of the right-seeking persons are to be carried out outside the office (3) The notary of the official document shall be held outside the office of the to notify the supervisory authority, or after the provision thereof, of the emergency chamber to which he is a member, without delay and giving the reasons. Unofficial table of contents

§ 11

(1) The county of the notary is the Oberlandesgericht district in which he has his official residence. (2) The notary may only carry out documents outside his district if the danger is in the bounty or if the supervisory authority has approved it. (3) Violation shall not affect the validity of the document, even if the notary carries out the documentary activity outside the country in which he or she is appointed to the notary. Unofficial table of contents

§ 11a

The notary is empowered to assist a notary appointed abroad at his/her request to take up his or her duties and to go abroad for this purpose unless the rules of the State in question are contrary to the law. In doing so, he has to comply with the obligations under German law. A notary ordered abroad may only provide collegial assistance at the request of a national notary within the scope of this Act, and the first sentence shall apply mutagenally. In doing so, he has to comply with the duties applicable to a German notary. Unofficial table of contents

§ 12

The notaries are appointed by the provincial justice administration after hearing the notary chamber by handing out a record of the order of the best. The document is intended to designate the district and the registered office of the notary and to indicate the duration of the order (§ 3 para. 1 and 2). Unofficial table of contents

§ 13

(1) After handing out the order of order, the notary has the following oath to do:

"I swear to God, the Almighty and the All-knowing, to uphold the constitutional order and to fulfill the duties of a notary conscientiously and impartially, so help me God!"

If the oath is made by a notary, the words "of a notary" are replaced by the words "of a notary". (2) A law allows the members of a religious society, in place of the words "I swear" other forms of betting, to , the notary, who is a member of such a religious society, can speak of this formula of betting. The oath can also be carried out without any religious prayer. (3) The notary makes the oath before the president of the district court, in whose district he has his official residence. He is not supposed to carry out an official act before the oath of the oath.

Section 2
Performance of the Office

Unofficial table of contents

§ 14

(1) The notary has to administer his office faithfully to his own oath. He is not a representative of a party, but an independent and impartial carer of the parties. (2) He has to refuse his duties if it is not compatible with his duties, especially if his participation in acts (3) The notary shall be worthy of the respect and trust placed in the office of the notary by his conduct within and outside his office. show. He has to avoid any behaviour which creates the appearance of a breach of the obligations imposed by law, in particular the appearance of addiction or partiality. (4) The notary is the exception to the law of the law. , prohibiting mediation activities, providing loans and land transactions, taking part in any form of exchange of documents or, in connection with an official act, a guarantee or any other Warranty to be taken over. He shall ensure that the persons employed by him do not deal with such transactions either. (5) The notary shall not enter into a share of the company which is incompatible with his office. It shall, in particular, be prohibited from participating in a company engaged in an activity within the meaning of Article 34c (1) of the Industrial Code and in a tax consulting or auditing company if it is alone or together with: (6) The notary shall continue to form in the extent necessary for his duties. (6) The notary shall be required to continue to be in the extent necessary for his duties. Unofficial table of contents

§ 15

(1) The notary shall not refuse to carry out his or her documents without sufficient reason. He is not obliged to make an assessment in a language other than the German language. (2) The appeal shall be held against the refusal of the original art or other activities of the notary. The Board of Appeal is a civil chamber of the District Court, in whose district the notary has its headquarters. The proceedings shall be governed by the provisions of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction. (3) By way of derogation from paragraphs 1 and 2, the notary shall be entitled to his duties in the cases of § § 39a, 42 In so far as it does not have the necessary technical facilities, Section 4 of the Beurkundungsgesetz shall refuse. However, at the latest from 1 April 2006, the notary must have at least one facility enabling the procedures set out in the first sentence. Unofficial table of contents

§ 16

(1) In so far as the official activities of the notary are not on the basis of a document of certification according to the law on leave of absence, § 3 of the Beurkundungsgesetz shall apply. (2) The notary may abstain from the performance of the Office on account of partiality. Unofficial table of contents

§ 17

(1) The notary shall be obliged to charge the fees prescribed by law for his activities. Unless statutory provisions provide for the exemption or reduction of fees or the non-imposition of costs on the grounds of incorrect treatment, fee and fee reductions shall be permitted only if they are subject to a moral obligation or by a consideration to be taken on the decency and by the general or individual agreement of the notary chamber. In the areas of activity of the Notarkasse and the Länder notarkasse, they are replaced by the Notaries. The promise and the granting of benefits in connection with an official business as well as any involvement of third parties in the fees shall be inadmissible. (2) A party to grant legal aid in accordance with the provisions of the Code of Civil Procedure , the notary has to grant its documents in a meaningful application of the rules of the Code of Civil Procedure for the time being, free of charge or against payment of the fees in monthly instalments. Unofficial table of contents

§ 18

(1) The notary is committed to secrecy. This obligation relates to all that has become known to him in the performance of his duties. This shall not apply to facts which are obvious or which do not require secrecy. (2) The obligation to maintain secrecy shall not apply if the parties grant exemption from it; if a party has died or an utterance has been made (3) If, in individual cases, there are doubts as to the obligation of secrecy, the notary may decide to decide whether or not to grant the exemption to the supervisory authority. (3) of the supervisory authority. In so far as this denials the duty, it is possible that claims against him cannot be derived from the fact that the notary has spoken. (4) The duty of secrecy persists even after the office has been extinguishly erred. Unofficial table of contents

§ 19

(1) In the event that the notary intentionally or negligently has the obligation to give it to another person, he has to replace the latter with the damage resulting therefrom. If the notary is only responsible for negligence, he can be used only if the injured person cannot obtain a substitute in another way; however, that does not apply in relation to the terms of office of the kind referred to in § § 23, 24 between the notary and the client. Moreover, the provisions of the Civil Code concerning the obligation to pay compensation in the event of an official breach of duty committed by an official shall apply accordingly. No liability of the State in place of the notary exists. (2) If a notary assessor committed a breach of duty in the case of an independent execution of a business of the kind referred to in § § 23, 24, he shall be liable in the appropriate application of the provisions of paragraph 1. If the notary had left him the business for independent execution, he is liable in addition to the Assessor as a total debtor; in the relationship between the notary and the Assessor, the Assessor is only obliged to do so. The duty of the assessor to the state (Section 7 (3)) does not justify the liability of the State. If the Assessor has been acting as a representative of the notary, the liability shall be determined in accordance with § 46. (3) For claims for damages pursuant to paragraphs 1 and 2, the District Courts shall be solely responsible for the value of the object of the dispute.

Footnote

§ 19: Am. Am. by G v. 26.6.1981 I 553, gem. BVerfGE v. 19.10.1982 I 1493 incompatible with Art. 70 GG and therefore null Unofficial table of contents

§ 19a

(1) The notary is obliged to provide professional indemnity insurance to cover the risks of liability for property damage arising out of his professional activities and the activities of persons for which he is liable. In the case of an insurance undertaking authorised to operate domestily, insurance must be taken into account in the general insurance conditions submitted in accordance with the provisions of the Insurance Supervision Act. The insurance must exist for all liability risks to be insured under sentence 1 and apply to each individual breach of duty which could lead to liability claims against the notary. (2) The insurance cover can be excluded from the insurance cover. shall be

1.

Claims for compensation for blurer breach of duty,

2.

Replacement claims arising from the activity in connection with the provision of advice on non-European law, unless the breach of the official duties consists in the fact that the possibility of the applicability of that right has not been recognized,

3.

Compensation claims for embezzlement by staff of the notary, unless the notary is used for negligence on the grounds of negligence on the part of the staff responsible for the supervision of the staff.

If, in the event of a breach of the official duties, only a dispute is in dispute as to whether the ground for exclusion is in accordance with point 1, and therefore the professional indemnity insurer opposes the regulation, he shall nevertheless have to pay up to the level of the damage caused to the insurer, the damage premeditated act to cover the minimum amount of insurance in force. In so far as the professional indemnity insurer satisfies the substitute, the right of the substitute against the notary, the notary chamber, the insurer pursuant to § 67 para. 3 no. 3 or any other eligible person shall be informed of the right to the replacement. The professional indemnity insurer may require the persons for whom he has to fulfil his obligations in accordance with the second sentence, such as an agent, to replace his expenses. (3) The minimum amount of insurance shall be EUR 500,000 for each person. Insurance case. The insurer ' s benefits for all damage caused within an insurance year may be limited to the double amount of the minimum insurance sum. The insurance contract must impose on the insurer the obligation, the country's administration of justice and the notary chamber the beginning and termination or termination of the insurance contract, as well as any change in the insurance contract that the insurance contract , without delay, to communicate the required insurance. In the insurance contract, it may be agreed that all breaches of duty in the execution of a single commercial transaction may be based on the conduct of the notary or of an auxiliary person employed by him, as a (4) The agreement of a deductitiy of up to 1 of the hundred of the minimum insurance sum is permissible. (5) The State Justice Department is the competent authority within the meaning of Section 117 (2) of the Insurance Contract Law. (6) The State Justice Department or the Notary Chamber, which belongs to the notary, grants third parties to the Assertion of claims for damages upon request Information on the name and address of the professional indemnity insurance of the notary as well as the insurance number, insofar as the notary does not have an overriding protection worthy interest in the non-disclosure (7) The Federal Ministry of Justice and Consumer Protection is authorized, by means of a regulation with the consent of the Federal Council, to grant the minimum insurance sum for the the obligation to fix compulsory insurance in accordance with paragraph 1 if necessary in order to: to ensure adequate protection of the victims in the event of a change in economic circumstances.

Section 3
The term of office

Unofficial table of contents

§ 20

(1) Notaries shall be responsible for making assessments of any kind, including signatures, hand signs and transcripts. Its tasks include, in particular, the assessment of decisions on assembly, the taking of rafts and draw-outs, the inclusion of registers of property, succession and estate inventories, and the placement of the estate. and total material discontinuations including the issuing of certificates in accordance with § § 36 and 37 of the Basic Book Order, the filing and acceptance of seals, the acceptance of protests, the delivery of declarations and the certification of official documents by to them. (2) The notaries are also responsible, (3) The notaries are also responsible for carrying out voluntary auctions. They shall only perform an auctioning of movable property if it is caused by the auctioning of immovable property or by an asset which has been assessed or mediated by the notary. (4) Notaries shall also be responsible for the (5) To what extent notaries are responsible for the application and acceptance of seals in the context of a succession security procedure, shall be determined according to the countrary's legal provisions. Regulations. Unofficial table of contents

Section 21

(1) Notaries shall be responsible,

1.

Certificates of representative authority and

2.

to issue certificates of the existence or registered office of a legal person or a commercial company, the change in the company, a conversion or other legal circumstances,

if these circumstances result from an entry in the commercial register or in a similar register. The certificate shall have the same reference force as a certificate of the register court. (2) The notary may issue the certificate only if it has previously obtained the registration of certainty which is to be entered in the register or into the register. a certified copy thereof must be based on this. It shall indicate the date of inspection in the register or the date of issue of the copy in the certificate. (3) Notaries shall also be responsible for issuing certificates of representation on a legal basis established by the legal transaction. The notary may issue the certificate only if he has previously verified himself in a public or publicly certified full-power certificate on the grounds of the power of representation. The certificate shall indicate the form and the date on which the full-power certificate has been located to the notary. Unofficial table of contents

Section 22

(1) Notaries shall only be responsible for the acceptance of oaks and of perverted interrogations if the oath or the eitherly interrogation is carried out in accordance with the law of a foreign state or under the provisions of a foreign authority or otherwise. (2) The admission of non-refundable insurance shall be subject to notaries in all cases where a public authority or other service has credibly asserted an actual claim or statement. . Unofficial table of contents

Section 23

Notaries shall also be responsible for taking over money, securities and valuables handed over to them by the parties for storage or delivery to third parties; § § 54a to 54d of the Beurkundungsgesetz shall remain unaffected. Unofficial table of contents

§ 24

(1) The Office of the Notars also includes the other care of the parties involved in the field of preventative administration of justice, in particular the preparation of certificates of certificates and the advice of the parties concerned. The notary is also empowered, in so far as other regulations do not impose restrictions, to represent the parties to the courts and administrative authorities. (2) If a notary, who is also a lawyer, takes actions of the (1) shall be presumed to have acted as a notary if the act is intended to prepare or execute the terms of office of the species referred to in § § 20 to 23. In addition, it is in doubt that he has become a lawyer. (3) Insofar as the notary is authorized by law to submit applications on behalf of the parties to the Land Registry or to the register authorities (in particular § 15 (2)). § 25 of the Code of Shipping, § 378 of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction), he is also authorized to take back the requests made by him. The return declaration shall be effective if it is accompanied by the signature and the official seal of the notary, and no authentication of the signature is required.

Section 4
Other duties of the notary

Unofficial table of contents

Section 25

(1) The notary may only employ staff with qualifications for the office of judge, career examination for the office of the district notary or diploma as a qualified lawyer, unless his/her personal duties are threatened. (2) The national governments or the In order to safeguard the interests of an orderly administration of justice by means of a decree law, it is empowered to determine that the notary staff are entitled to the office of the district notary or to the office of the district notary or to the office of the district notary. may only be employed as a qualified legal expert if the supervisory authority so Hearing of the notary chamber approved. The permit may be subject to conditions and may be issued with the reservation of revocation and may be limited to a limited period. Unofficial table of contents

Section 26

The notary has to formally oblige the persons employed by him, with the exception of the notary assessors and the referendaries assigned to him for training, in the recruitment according to § 1 of the Commitment Act. In this connection, special mention should be made of the provisions in § 14 (4) and § 18. If there is a uniform employment relationship with several notaries, it is sufficient for one of them to undertake the obligation. Unofficial table of contents

§ 27

(1) The notary shall immediately notify the supervisory authority and the emergency chamber of a connection to the joint professional exercise or to the joint use of the business premises. This obligation to notify is also valid for professional connections within the meaning of § 3 (1) sentence 1 no. 7 of the Beurkundungsgesetz. They are to be shown the name, profession, other professional activities and the place of activity of the parties involved. § 9 shall remain unaffected. (2) On request, the notary of the supervisory authority and the notary chamber shall submit the agreement on the joint professional exercise or the joint use of the business premises. Unofficial table of contents

§ 28

The notary shall, by means of appropriate arrangements, maintain the independence and impartiality of its official management, in particular the observance of the prohibition of participation and other obligations under the provisions of this law, the law on the assessment of documents. and to the Court of First Instance and the Law of Notaries. Unofficial table of contents

§ 29

(1) The notary has to refrain from any commercial conduct, in particular any advertising contrary to the public office. (2) An advertisement permitted to the notary in the performance of his activities pursuant to § 8 shall not be allowed to act as a notary (3) A lawyer's notary who, pursuant to Article 9 (3), is affiliated with or has joint business premises with persons not working at his or her official residence, may only indicate his designation of office as notary on printed matter and other business documents, if they are dispatched from their place of business and only at the office of the office or Name sign that indicates his place of office at his office. A reference to the place of office shall be added to the names of the registers used in a place where they are used.

Footnote

Section 29 (3) sentence 1: In accordance with the formula of the decision, Article 12 (1) of the GG is incompatible and void. BVerfGE v. 8.3.2005 I 1413-1 BvR 2561/03- Unofficial table of contents

§ 30

(1) The notary has the best possible influence in the training of young professionals and of traineeships. (2) The notary has to provide the trainees with a thorough training in the field of vocational training. Unofficial table of contents

Section 31

The notary has to behave in a manner appropriate to his/her colleagues, courts, authorities, lawyers and other advisers of his clients. Unofficial table of contents

Section 32

The notary has to hold the Bundesgesetzblatt Part I, the law sheet of the country, the announcement sheet of the regional justice administration and the delivery sheet of the federal notary chamber. Where a number of notaries are associated with a common practice, the Community reference shall be sufficient to cover one piece. Unofficial table of contents

§ § 33 to 37 (omitted)

Section 5
Absence and prevention of the notary. Notaries

Unofficial table of contents

§ 38

If the notary wishes to move away from his office for more than one week or if, for reasons of fact, he is prevented from performing his duties for more than one week, he shall immediately notify the supervisory authority accordingly. It shall require the approval of the supervisory authority if the absence of the official residence is to last longer than one month. Unofficial table of contents

§ 39

(1) The supervisory authority may appoint a representative to the notary for the period of its absence or prevention; the order may also be ordered from the outset for the cases of disability occurring during a calendar year. (permanent representative). The order is usually not to exceed the duration of one year. (2) In the case of the provisional impeachment, a representative can also be ordered without a request. This shall also apply if a notary does not ask for the appointment of a representative, although for health reasons he is temporarily unable to perform his duties properly. (3) The representative may only be appointed who is capable of carrying out his duties. is to hold the office of a notary. The permanent representation is to be transferred only to a notary, notary assessor or notary; as a permanent representative of a lawyer notary, a lawyer may also be appointed after hearing the notary chamber. Apart from the cases referred to in paragraph 2, it is intended that only those who are proposed by the notary and are prepared to take over the office should be appointed. For the notary, a caregiver ordered according to § 1896 of the Civil Code or a caregiver ordered according to § 1911 of the Civil Code may also submit the application and propose the representative. (4) On the representative are the ones for the notary shall apply in accordance with the provisions in force, except in accordance with Article 19a, unless otherwise specified below. Unofficial table of contents

§ 40

(1) The representative shall be appointed by written order. Unless he has already been sworn in as a notary, he shall have the oath of office (§ 13) before the beginning of the representation before the President of the Regional Court. If he has already been sworn in as a representative of a notary according to § 13, it shall be sufficient if he is referred to the former oath. (2) The appointment of the representative can be revoked at any time. Unofficial table of contents

Section 41

(1) The representative shall pay the office at the expense of the notary. He must attach to his signature an addition which characterises him as a representative and to use the seal and stamp of the notary. (2) He shall also abstain from the office of the office in so far as the notary represented by him shall exercise the office of office. would be prohibited. Unofficial table of contents

§ 42

In the case of property disputes between the notary and the notary's representative, which relate to the remuneration or the liability for the violation of the obligations of the courts, the District Courts shall be without regard to the value of the object of the dispute. Responsible. Unofficial table of contents

Section 43

The notary has to pay an appropriate remuneration to the representative appointed by the Office (§ 39 para. 2). Unofficial table of contents

Section 44

(1) The official authority of the representative shall commence with the acceptance of the Office and shall be terminated if the order is not revoked previously, with the transfer of the Office to the notary. During this period, the notary shall abstain from the performance of his duties. (2) The official acts of the representative are not invalid because the conditions required for his appointment pursuant to Section 39 were not available or later have fallen away. Unofficial table of contents

§ 45

(1) For the duration of the absence or prevention, the notary may, if a representative is not appointed, his files, including the directories and books, may be held by another notary in the district of the same or an adjacent district court, or the The district court, in whose district he has his official residence, shall give in custody. The custody by another notary shall be communicated to the local court. (2) The notary or the district court, to which the files are placed in custody, shall grant copies and copies instead of the absent or prevented notary, and shall (3) If the notary has not been in custody in accordance with paragraph 1 for the duration of his/her absence or prevention, the notary shall be granted a copy or copy from the files or the inspection of the files. , the District Court, in whose district the notary has its official residence, shall have the files in (4) The notary who has the files in custody shall issue the copies and certified copies with his signature and under his seal or stamp. The rules on the issuing of copies or copies of judicial documents shall apply to the issuing of copies or copies by the local court. The document shall indicate the absence or prevention of the notary. (5) The costs of issuing copies or copies shall be borne by a notary, if the files are kept by a notary, and, if the files are to be kept, shall be kept by the district court, the state treasury. Unofficial table of contents

Section 46

The notary shall be liable to the injured party, in addition to the representative, as a total debtor for an official breach of the official duties. In the relationship between the notary and the representative, the representative shall be obliged to do so alone.

6.
Extinguisher of the Office. Provisional impeachment. Notarial Administrator

Unofficial table of contents

§ 47

The Office of the Notars shall be replaced by

1.

Reaching the age limit (§ 48a) or death,

2.

Dismissal (§ 48),

3.

the final elimination of the membership of the legal chamber responsible for the judicial district in the case of section 3 (2),

4.

Loss of office as a result of criminal conviction (§ 49),

5.

Dismissal (§ 50),

6.

Removal from the Office by a disciplinary judgment (§ 97),

7.

Temporary establishment of office (§ § 48b, 48c).

Unofficial table of contents

§ 48

The notary may at any time ask for his dismissal from office. The country's justice administration must be declared in writing. The dismissal is to be pronounced by the Landesjustizverwaltung für den requested time. Unofficial table of contents

§ 48a

The notaries reach the age limit by the end of the month in which they complete the seven-seth year of life. Unofficial table of contents

§ 48b

(1) Who as a notary or as a notary?

1.

at least one child under eighteen years of age, or

2.

Other relatives in need of care according to the medical certificate

in fact, the Office may temporarily lay down the Office with the approval of the Supervisory Authority. (2) The term of office referred to in paragraph 1 may not exceed twelve years in connection with the office of the office in accordance with § 48c. Unofficial table of contents

Section 48c

(1) The notary shall declare with the application for authorisation of the temporary establishment pursuant to section 48b to retake his office within a maximum of one year at the former Headquarters, he shall be ordered there again within that period. § 97 (3) sentence 2 shall apply accordingly. (2) After a renewed appointment at the previous Headquarters, a relaying of the office in accordance with paragraph 1 shall be excluded within the next two years; § 48b shall remain unaffected. The duration of multiple submissions referred to in paragraph 1 shall not exceed three years. Unofficial table of contents

§ 49

A criminal conviction has the same effect on the notary as for a state justice official. Unofficial table of contents

§ 50

(1) The notary shall be thieves of his office;

1.

if the conditions set out in § 5 are not met or if it is found after the order that these conditions have been wrongly accepted as having been accepted;

2.

if one of the conditions under which the appointment of a national justice official is void, it must be annulled or withdrawn;

3.

if he refuses to comply with the oath of office required by Section 13;

4.

if he takes over a besolded office or carries out an activity subject to approval pursuant to section 8 (3) and the admission pursuant to § 8 (1) sentence 2 or the authorization required pursuant to § 8 para. 3 at the time of the resolution of the Land Justice Administration on the dismissal of the impeachment;

5.

if, contrary to § 8 (2), he pursues a further professional activity or, contrary to the provisions of § 9 (1) or (2), he or she is connected with other persons for the purposes of a joint professional practice or has joint business premises with them;

6.

if it is in default of property; an asset default is presumed if insolvency proceedings are initiated on the assets of the notary or the notary in the list to be held by the executing court (§ 26 para. 2 of the insolvency order, § 882b of the Code of Civil Procedure);

7.

if, for health reasons, he is not only temporarily incapable of exercising his duties properly;

8.

if its economic circumstances, the nature of its economic management or the conduct of custody transactions, endanger the interests of the right-seekers;

9.

if he repeatedly grossly against

a)

Prohibition of participation pursuant to § 3 (1) of the Beurkundungsgesetz (Beurkundungsgesetz) or

b)

Obligations pursuant to Section 17 (2a), second sentence, point 2 of the Beurkundungsgesetz

,

10.

if he does not have the compulsory liability insurance (§ 19a).

(2) If one of the conditions under which the appointment of a national justice official can be declared void or withdrawn, the notary of his office may also be removed. (3) The State Justice Department shall be responsible for the impeachment Responsible. It shall take a decision after consulting the notary chamber. (4) In the proceedings for the dismissal referred to in paragraph 1 (7), the appointment of a representative of the notary for the administrative procedure which is required to exercise his rights in the proceedings shall be the subject of a is not in a position to have a medical examination of the duty of the notary, and the consequences of a refusal of its participation apply in accordance with the rules applicable to State Justice Officials. An attorney or notary is to be appointed to the representative. The tasks assigned to the service manager in these regulations shall be carried out by the State Justice Department. Unofficial table of contents

Section 51

(1) If the office of a notary is loaned or his place of office is transferred to another district court district, the records and books of the notary as well as the documents officially handed to him are to be given to the district court in custody. The State Justice Department may transfer the custody to another local court or notary. The provisions of § 45 (2), (4) and (5) shall apply. (2) The seal and stamp of the notary shall destroy the Local Court referred to in the first sentence of paragraph 1. (3) If a notary is appointed after his office has been extinguisher, or the place of his or her residence shall be transferred, the notary shall be redeemed. once again in the district court in which he had his former place of office, appointed to the notary, the books and records kept in custody in accordance with paragraph 1 may be returned to him. (4) If the registered office of one notary is to be placed in another District court district transferred within the same municipality, so remain the files and books in of its safekeeping. The seals and stamps are not to be delivered. (5) The provision of notarial acts to a state archives and the destruction of notarial acts regulates the country's justice administration. Where notary acts have been issued to a State Archives, copies, enforceable copies and copies thereof shall be issued in the case of documents of a notary still in his office or of documents issued under the conditions laid down in paragraph 1 of this Article. 1 sentence 2 handed over to another notary for custody, from the notary, otherwise issued by the district court, in whose district the notary had its seat. The provisions of Section 45 (4) and (5) of this Act and Section 797 (3) of the Code of Civil Procedure shall apply accordingly. Unofficial table of contents

Section 52

(1) The authority to delete the Office shall be entitled to the term "notary" or "notarine". The name may not be used as an addition to the extinguisher of the Office. (2) If the office of a notary appointed as a principal professional practice is dismissed (§ 48), because of reaching the age limit (§ 48a) or , the Land Justice Department may grant the former notary permission to continue his term of office with the addition "out of service (a.D.)" by impeding the impeachment of the grounds referred to in § 50 (1) No. 7. The same shall apply to a lawyer's notary if his office is granted by dismissal (§ 48) or because of reaching the age limit (§ 48a) or if he has been granted permission to the attorney's office after waiving the rights from the admission to the attorney's office, (3) The State Administration of Justice may withdraw or withdraw permission to use the term "notary except service" or "notary disservice" if circumstances become known or occur subsequently, which, in the case of a notary, shall delete the Office from the provisions of Section 47 (4) and (6) or in Article 50 (1) (1) (1) to 6, 8 and 9 would have to be taken. If the former notary is admitted to the legal profession, the power referred to in the first sentence of paragraph 2 shall be deleted if he is not allowed to continue to call himself a lawyer after the absence of his authorisation. Unofficial table of contents

Section 53

(1) If the office of a notary appointed as a principal professional practice is obtained or if his place of office has been transferred, another notary already established at the Headquarters shall require the authorisation of the State Administration of Justice if he/she is Place a place of business in rooms of the retired notary or take over an employee who is in a special relationship of trust in his office. The authorisation may only be denied if this is necessary in the interests of the administration of justice. (2) The validity of the legal transactions concluded on the occasion of the acquisition or presentation shall not be valid by a breach of the provisions of paragraph 1. touched. Unofficial table of contents

§ 54

(1) The notary may provisionally be removed from office by the supervisory authority;

1.

if the supervisory authority of the supervisory authority has made a communication pursuant to Section 308 of the Act on the Procedure in Family Matters and in the matters of voluntary jurisdiction;

2.

if it complies with the conditions set out in § 50;

3.

if he is staying outside his/her office for more than two months without the consent of the supervisory authority.

Opposition and action against the provisional impeachment do not have a suspensive effect. (2) A notary who is also a lawyer can provisionally his office even without the disciplinary proceedings being initiated by the disciplinary court. may be removed if a legal procedure has been initiated against him in accordance with the Bundesrechtsanwaltsordnung (Federal Legal Code). The provisions relating to the provisional dismissal after initiation of disciplinary proceedings shall apply accordingly. (3) If a notary, who is also a lawyer, is provisionally removed from his office as a notary after a disciplinary procedure has been initiated, the disciplinary court may ban him or her a prohibition of professional or representative representation (§ 150 (4) The effects of the provisional impeachment shall enter into force. (4) The effects of the provisional impeachment shall enter into force in accordance with the law,

1.

in the case of a notary in criminal proceedings, the detention shall be held for the duration thereof;

2.

in the case of a notary who is also a lawyer, a prohibition of professional or representation in accordance with Section 150 or a prohibition of representation in the field of civil law pursuant to Section 114 (1) (4) of the Federal Legal Code of Law, for the duration of that law;

3.

if a notary, who is also a lawyer, has the withdrawal or revocation of the admission to the bar in accordance with § 14 of the Federal Legal Code of Law with immediate enforcement, from the date of delivery of the order to the duration of their effectiveness.

(5) The provisions relating to the provisional dismissal of a notary after the initiation of a disciplinary procedure shall remain unaffected. Unofficial table of contents

§ 55

(1) In the case of the provisional impeachment, the District Court shall, if the notary is not appointed, take his files and books, as well as seals, stamps and official sign, into custody for the duration of the provisional impeachment. § 45 (2), (4) and (5) shall apply accordingly. (2) The notary shall abstain from any official act during the period of the provisional dismissal. However, an infringement does not affect the validity of the official act. The notary is no longer able to carry out the official business in accordance with § 23. Unofficial table of contents

§ 56

(1) If the office of a notary appointed as a principal professional practice is loaned or his place of office has been transferred or if, in the case of § 8 (1) sentence 2, a notary appointed to perform the main professional duties is not in person, the office shall not be held in person. as a rule, in his place, a notary assessor or any other person capable of the office of a notary is entrusted with the task of temporarily exercising the office of the notary (notarial administrator). (2) Is a lawyer's notary by extinguisher of the office , in the case of the settlement of the notary transactions, it may take place until the end of a period of time. year, a notarial administrator will be appointed if there is a need for this. In duly substantiated exceptional cases, this period may be extended for more than one year. Within the first three months, the notarial administrator is entitled to carry out new notary transactions as well. If a liquidator is appointed to liquidate the law firm, it can also be entrusted with the settlement of the notary's business as a notarial administrator. (3) If a notary has temporarily deposited his office pursuant to section 48c, a liquidator shall be appointed for the purpose of: (4) If a notary is provisionally removed from office, a notarial administrator may be appointed if the order of a notary representative (§ 39 para. 2 sentence 1) is not appropriate (5) Notarassessors shall be obliged to take the office of a notarial administrator taking over. Unofficial table of contents

Section 57

(1) The notary administrator shall, unless otherwise specified, be subject to the provisions applicable to the notaries. (2) The administrator of the notary shall be appointed by the Land Justice Department after hearing the notary chamber by handing out a best-of-all certificate. ordered. Unless he has already been sworn in as a notary, he shall have the oath of office (§ 13) before the president of the regional court before taking over his office. Section 40 (1) sentence 3 shall apply accordingly. Unofficial table of contents

Section 58

(1) The notarial administrator shall take over the acts and books of the notary in whose place he is appointed, as well as the documents and valuables officially handed over to the notary; shall be the records and books of the notarial administrator of the notary's office of (2) The notarial administrator shall carry on the duties commenced by the notary. The notary's office shall be held in custody. The cost requirements shall be payable to the notarial administrator to the extent that they become due after the transaction has been taken over by him. However, in proportion to the debtor, he has to settle the advances paid to the notary before the transaction is taken. (3) Insofar as the costs are payable to the retired notary or to his successor, the Notarial administrator the enforceable copy of the cost calculation (§ 89 of the General Court and Notary Costs Act); if he rejects the grant, the notary or its successor may decide the decision of the Regional Court according to § 127 of the Court of First Instance and Apply Notary Fees. If another seat is assigned to the notary, the notary shall be entitled to issue the enforceable copy in addition to the notarial administrator. The notarial administrator has to grant him access to the books and files; the costs thus incurred shall be borne by the notary. Unofficial table of contents

§ 59

(1) The notarial administrator shall take his office on behalf of the emergency chamber against a reasonable remuneration to be fixed by the notary chamber. He has to pay a monthly bill with the emergency chamber, unless another address is made. If it does not depart from the amounts due to the emergency market, these can be recovered like backward contributions. (2) The notary chamber can only assert a right of settlement or retention of the references of the notarial administrator to the extent that (3) In general or on a case-by-case basis, the notary chamber may be subject to a derogation from the first sentence of the first and second sentence of paragraph 1. Paragraph 2 shall not apply in this case. Unofficial table of contents

§ 60

(1) The surpluses of the notarial administrations carried out on behalf of the notaries must be used as a priority in favour of the caring for the professionals and their survivors. (2) The remaining surpluses shall be, as far as possible: Supply facilities pursuant to section 67 (4) (2) are set up to turn this to the other. If supply facilities do not exist, any remaining surpluses of the Notary Chamber shall be allocated. Unofficial table of contents

Section 61

(1) In the event of a breach of duty of the notarial administrator, the notary chamber shall be liable to the injured party in addition to the notarial administrator as the total debtor; in the relationship between the notary chamber and the notarial administrator, the person shall be obliged to act alone. The same shall apply insofar as the notarial administrator is liable according to § 46 or § 19 (2) for the injury of a representative or a notary assessor. Section 19 (1) sentences 2 and 3 shall apply accordingly. The liability of the notary chamber shall be limited to the amount of the minimum amounts of insurance to be covered in accordance with paragraph 2. (2) The notary chamber shall, by conclusion, and the notarial administrator against losses arising from the liability referred to in paragraph 1, have been terminated. secure insurance, which must comply with the requirements laid down in § § 19a and 67 (3) (3). The claims arising from liability insurance are also to be able to assert the notarial administrator in his own name. (3) There is no liability of the State for infringing the duties of the Notarial Administrator. Unofficial table of contents

Section 62

In the case of property disputes between the Notary Chamber and the Notarial Administrator, which relate to the remuneration, the settlement (§ 59) or the liability for the violation of the obligations of the courts, the District Courts shall be without regard to the value of the Subject to the exclusive jurisdiction of the dispute. Unofficial table of contents

§ 63

(1) The notarial administrator shall be obliged to present files and books to a representative of the notary chamber and the documents held in his custody for inspection. (2) The audit powers of the supervisory authority shall remain unaffected. Unofficial table of contents

Section 64

(1) The office of a notarial administrator appointed pursuant to section 56 (1) shall be terminated if a new notary is appointed or the notary provisionally dismissed by his office or prevented from exercising his duties pursuant to section 8 (1) sentence 2 of his/her duties. takes over. The office of administration of the notarial administrator shall continue until the Office is notified of the termination of the Office by the State Administration of Justice. The Landesjustizverwaltung can revoke the order prematurely for important reasons. (2) The office of a notary administrator appointed in accordance with § 56 para. 2 shall end with the expiration of the period for which he is appointed. (3) After the termination of the Office of the Administrator of the Notarial Service, the former notary shall resign the Office or the newly appointed notary shall, in accordance with Section 51 (1) sentence 2, transfer the custody of the files and books, thus leading to the transfer of the records and books. the notary shall continue the official operations commenced by the notarial administrator. The costs receivable due to the notary after the acceptance of the Office shall be the subject of this request. However, in proportion to the debtor, he has to settle the advances paid to the notarial administrator before the office is taken over. (4) The costs to be met by the notarial administrator shall be taken after the termination of his duties by the of the Notary Chamber in its own name. § § 19, 88 to 90 and 127 of the Court of First Instance and Notary Costs Act shall apply accordingly. The notary chamber may instruate the newly appointed notary or re-appointed to his office to collect the outstanding receivings at their expense.

Section 7
General rules governing the administrative procedure

Unofficial table of contents

Section 64a

(1) The administrative procedure shall apply to administrative proceedings under this Act or pursuant to a decree law adopted pursuant to this Act, unless otherwise specified. (2) The courts and authorities shall transmit personal data to the courts and authorities. information for the appointment of the notary, the representative or the notarial administrator, the appointment as a notary assessor, the dismissal of a notary or dismissal of a notary assessor, the withdrawal or revocation of a notary. Authorisation, authorisation or exemption, and the initiation of proceedings for in the case of irregular conduct or breach of official duties from the point of view of the notified body, the body responsible for the decision, in so far as it does not adversely affect the legitimate interests of the person concerned, or the public interest outweighs the confidentiality of the person concerned. The transmission shall not be subject to any special statutory application. Information on the level of backward tax liabilities can be communicated in accordance with § 30 of the German Tax Code for the purpose of preparing the impeachment pursuant to § 50 (1) No. 6 or No. 8; the competent authority may transmit the information transmitted to it. Use tax data only for the purpose for which it has been transmitted.

Part two
Emergency Chambers and Federal Emergency Chamber

Section 1
Emergency chambers

Unofficial table of contents

Section 65

(1) The notaries who are ordered in a Higher Regional District Court form a notary chamber. However, the Land Government or the body designated by it may, by means of a decree law, determine that several Oberlandesgericht districts or parts of Oberlandesgericht districts or one Oberlandesgericht district with parts of another State Court District Upper county court district form the district of a notary chamber. (2) The Notarkammer has its seat at the place of the Higher Regional Court. In the case referred to in the second sentence of paragraph 1, the Land Government or the body designated by it shall determine the seat of the Emergency Chamber. Unofficial table of contents

Section 66

(1) The Notary Chamber is a body of public law. The Statutes of the Notary Chamber and its amendments are decided by the Assembly of the Chamber; they require the permission of the National Justice Administration and must be published in a sheet designated by it. (2) The Land Justice Administration conducts the state oversight of the Notary Chamber. The supervision is limited to the fact that the law and the statutes are observed, in particular the tasks assigned to the notary chamber are fulfilled. (3) At the end of the financial year, the notary chamber of the regional justice administration shall submit a report on its Activities in the past year and on the situation of the notaries and notary assessors operating in the Chamber. Unofficial table of contents

Section 67

(1) The notary chamber represents the totality of the notaries which have been included in it. It has the honour and reputation of its members to guard the supervisory authorities in their activities, to promote the care of the law on notaries and to ensure a conscientious and fair professional exercise of the notaries and notary assessors. (2) It is the responsibility of the notary chamber to determine, in directives, the official duties and other obligations of its members within the framework of the statutory provisions and on the basis of regulations adopted on the basis of these regulations by statute. The second sentence of Section 66 (1) shall apply accordingly. The Directives may contain more detailed rules:

1.

on the protection of the independence and impartiality of the notary,

2.

for the conduct to be observed in accordance with section 14 (3),

3.

for the protection of foreign property interests,

4.

in respect of the obligation to exercise personal duties,

5.

on the establishment, management, continuation and termination of the link to the joint professional exercise or other permitted professional cooperation, as well as to the use of common business premises,

6.

the nature of the precautions to be taken in accordance with section 28;

7.

for the conduct to be observed in accordance with § 29, in particular on the announcement of an office, official and nameplates under national law, as well as office printed matters, the management of further professional titles, the management of titles, the occurrence of the Notars in the public and guidance of his name in directories,

8.

for the employment and training of employees,

9.

on the principles to be observed in the performance of assessments outside the office and the office of office,

10.

on the necessary level of training,

11.

on the special professional duties in relation to other notaries, courts, authorities, lawyers and other advisers of his clients.

(3) In addition to the tasks assigned to the Notary Chamber by law, it is the responsibility of the

1.

to provide resources for the vocational training of the notaries, their auxiliary staff and the emergency assessors, as well as for other common burdens on the profession;

2.

to regulate the training and examination of the auxiliary staff of the notaries;

3.

To conclude insurance contracts in order to supplement liability insurance in accordance with § 19a in order to also insure risks arising from such breaches of duty not covered by insurance contracts pursuant to § 19a, because of the fact that the insurance contracts are not covered by the insurance contracts. Property damage exceeds the cover sum or because it is excluded from the insurance cover as intentional acts by the general insurance conditions. For these insurance contracts, the sum insured for each insured notary and, for each insurance case, shall be at least EUR 250 000 for damage resulting from a breach of duty and at least EUR 500 000 for damage caused by other persons. However, the insurer ' s benefits shall be limited to four times the amount of the minimum amount of insurance for all damage caused by a notary in the course of an insurance year. Section 19a (7) shall apply accordingly. The State Governments or the bodies designated by them by means of a regulation shall be authorized to determine amounts by means of a legal regulation, taking into account the possible damages, up to which the total performance of the insurer for all in the course of an insurance year, any damage caused by all insured notaries may be limited in the insurance contracts.

(4) The notary chamber may carry out additional tasks corresponding to the purpose of its establishment. It may in particular:

1.

Maintain welfare facilities,

2.

, according to the provisions of the national legislation, maintain preventive facilities,

3.

shall, on their own or in conjunction with other chambers of emergency, entertain institutions whose purpose is to conclude, as insurers, the insurance contracts referred to in paragraph 3 (3) which cover risks arising from breaches of duty which are caused by have been caused by deliberate acts of notaries,

4.

shall, on their own or in conjunction with other emergency chambers, maintain facilities which, without any legal obligation, make provision for damage not covered by insurance contracts referred to in paragraph 3 (3), by deliberate acts of notaries.

(5) The notary chamber can confirm the position as notary or as notarial administrator as well as other job-related information in the awarding of qualified certificates according to the signature law. The notary chamber may require the blocking of a corresponding qualified certificate. (6) The notary chamber shall also report to the State Justice Department, a court or administrative authority of the country on matters relating to the Request notaries. (7) (dropped) Unofficial table of contents

Section 68

The institutions of the Notary Chamber are the Board of Directors and the Assembly of the Chamber. Unofficial table of contents

Section 69

(1) The Board of Management shall exercise the powers of the Notary Chamber, without prejudice to the provisions of Section 70. In urgent cases, he shall act in place of the Assembly of the Chamber, whose approval is to be obtained. (2) The Executive Board shall consist of the President, his deputy and other members. The members of the Board of Management are elected by the Assembly of the Chamber for a period of four years. (3) Notaries and Anwaltsnotaries are appointed in the district of a notary chamber for the main professional exercise, the President and at least the Half of the remaining members of the Board of Management will be notaries in the main professional capacity. Unofficial table of contents

§ 69a

(1) The members of the Board of Management shall, even after their departure from the Board of Management, have on the matters known to them in their activities on the Board of Directors on notaries, notaries, applicants for the office of notaries and other persons, To maintain secrecy towards everyone. The same shall apply to employees of the emergency chambers and to the bodies referred to in § 67 (4) as well as to notaries and notary assessors who are used to cooperate in the chamber or in the facilities. (2) In court proceedings, the in (1) persons referred to in paragraph 1 above such matters as they have become known in their activities on the board of directors of notaries, notaries, candidates for the office of notaries and other persons, without authorisation. (3) Approval is granted to the Board of the Notary Chamber. The authorisation shall only be denied if, in the light of the position or duties of the notary, or the legitimate interests of the persons on which the facts have become known, it is necessary to inadvertt it. Section 28 (2) of the Act on the Federal Constitutional Court remains unaffected. Unofficial table of contents

§ 69b

(1) The Management Board may form several departments if the Rules of Procedure of the Board allow it. (2) Each department must consist of at least three members of the board of directors. The members of the department select from their ranks a department chairman and his deputy. (3) Before the beginning of the calendar year, the board sets the number of departments and their members, transfers the departments to the business and determines the members of the individual departments. Each member of the Executive Board may belong to several departments. The orders can only be changed in the course of the year if this is required due to overloading of the department or due to change or permanent prevention of individual members of the department. (4) The board of directors may be the departments (5) The departments shall have the rights and duties of the board within their jurisdiction. (6) The Board of Management shall decide, in place of the Division, if it considers it appropriate or if the department or its chairman requests it. Unofficial table of contents

Section 70

(1) The President shall represent the Chamber in court and out of court. (2) The President shall communicate the commercial traffic of the Chamber and the Board. (3) The President shall conduct the meetings of the Executive Board and the Assembly of the Chamber. Chairmanship. (4) The statutes may delegate further tasks to the President. Unofficial table of contents

Section 71

(1) The Assembly of the Chamber shall be convened by the President. (2) The President shall convene the Assembly of the Chamber once a year. It must also convene it if one tenth of the members requested it in writing, indicating the subject-matter to be dealt with in the Assembly. (3) The Assembly shall be at least two weeks before the date on which it is to be held. shall be convened, in writing or by public invitation, in the sheets determined by the statutes, stating the agenda. The day on which the convocation has been sent, and the day of the meeting shall not be expected. In urgent cases, the President may convene the Assembly with a shorter period of time. (4) The Assembly shall, in particular,

1.

decide on the statutes of the Board pursuant to Article 66 (1) sentence 2;

2.

to adopt the directives in accordance with section 67 (2);

3.

determine the amount and maturity of the contributions;

4.

to approve the resources required to cover the costs of Community affairs;

5.

to examine the accounts of the Board of Management on the revenue and expenditure of the Chamber and on the management of the assets and to decide on the discharge.

Unofficial table of contents

Section 72

The provisions relating to the institutions of the Notary Chamber and their powers shall be subject to the Statute. Unofficial table of contents

Section 73

(1) The Notary Chamber shall collect contributions from the notaries to the extent necessary for the performance of their duties. (2) Restanding contributions may be issued on the basis of a certificate of enforceability, issued by the President of the Emergency Chamber and the seal of payment of the Board of the Chamber shall be drawn up in accordance with the rules on the enforcement of judgments in civil disputes. Unofficial table of contents

Section 74

(1) In the exercise of its powers, the Notary Chamber may require the notaries and notary assessors to provide information, the presentation of books and files and the personal appearance before the competent institutions of the Chamber. The notary chamber has the power to pass on knowledge gained in this way to the institutions pursuant to § 67 (4) insofar as these are required by the institutions for the performance of their tasks. (2) The notary chamber can be used for the purpose of forcing the notaries. or notary assessors referred to in paragraph 1 above, subject to prior written threat, including repeated painting, periodic penalty payments. The individual penalty payment shall not exceed one thousand euros. The penalty payment flows to the Notary Chamber; it will be recovered as a backward contribution. Unofficial table of contents

§ 75

(1) The notary chamber shall be empowered to give a warning to notaries and notary assessors in the event of irregular conduct. (2) Before the admonition is pronounced, the notary or notary assessor shall be heard. An exhortation may no longer be issued if more than five years have elapsed since the illegal conduct. (3) The admonition is to be justified. It shall be delivered to the notary or notary assessor. A copy of the decision shall be notified to the supervisory authority. (4) The notary or notary assessor may lodge an objection in writing to the board of the notary chamber within one month of notification of the decision. The board of directors decides on the objection; paragraph 3 applies accordingly. (5) If the objection to the admonition by the board of the notary chamber is rejected, the notary or notary assessor may decide the decision of the Oberlandesgericht as Apply for a disciplinary court for notaries. The application shall be submitted in writing and reasoned in writing within one month of notification of the decision on the opposition. The Higher Regional Court shall decide definitively by decision. Moreover, the proceedings of the Court of First Instance shall apply in accordance with the provisions of the Federal Disciplinary Law on disciplinary proceedings before the Administrative Court. To the extent that the costs of the procedure fall under the authority of the Dienstherrn, the notary chamber shall be replaced by the notary chamber. (6) The warning by the notary chamber shall allow the right of the supervisory authority to take measures pursuant to § 94 or in the disciplinary procedure unaffected. If the supervisory authority makes use of this right, the power of the notary chamber shall be heard; an admonition which has already been made shall become ineffective. However, if the Higher Regional Court has annulled the admonition, because it did not establish an irregular conduct, the exercise of the supervisory and disciplinary powers on the basis of the same conduct is only on the basis of such facts or evidence , which were not known to the Court of First Instance in its decision.

Section 2
Bundesnotarkammer

Unofficial table of contents

Section 76

(1) Notaries shall be merged into a federal notary chamber. (2) The seat of the Federal Emergency Chamber shall be determined by its statutes. Unofficial table of contents

Section 77

(1) The Federal Emergency Chamber is a body of public law. (2) The Federal Ministry of Justice and Consumer Protection is conducting state supervision over the Federal Emergency Chamber. The supervision is limited to the fact that the law and the statutes are observed, in particular the tasks assigned to the federal emergency chamber are fulfilled. (3) The statutes of the federal notary chamber and its amendments adopted by the representative assembly , require the approval of the Federal Ministry of Justice and Consumer Protection. Unofficial table of contents

Section 78

(1) The Federal Emergency Chamber shall carry out the tasks assigned to it by law. It shall in particular:

1.

in questions which address the whole of the emergency chambers, identify the views of the individual chambers of emergency and determine the views of the majority in the course of a Community debate;

2.

, in all matters affecting the whole of the emergency chambers, the Bundesnotarkammer's view to the competent courts and authorities to be brought to the point of application;

3.

to represent the whole of the emergency chambers vis-à-vis the authorities and organisations;

4.

To report to the Federal Government or a Federal Supreme Court in matters relating to notaries, which is required by the legislation of the Federal Republic of Germany or the Federal Court of First instance;

5.

, by decision of the representative assembly, to make recommendations for the directives to be adopted by the emergency chambers pursuant to Article 67 (2);

6.

to establish guidelines for the training of notaries ' assistants.

(2) The Bundesnotarkammer (Bundesnotarkammer) shall, as the register authority, each carry an automated electronic register

1.

Pension rights and supervision decrees according to § 78a (Central Precautionary Principle) and

2.

the safekeeping of consequential documents and other data in accordance with § 78b (Central Testament Register).

The Federal Ministry of Justice and Consumer Protection has, by means of a respective ordinance on the Central Committee for Presortation and the Central Testament Register, with the approval of the Federal Council, the more detailed provisions on the establishment and management of the Register, information from the registers, registration, modification and deletion of registers, details of data transmission and storage as well as data security to be taken. The collection and use of the data shall be limited to what is necessary for the performance of the statutory tasks of the register authority, the estate courts and the depositaries. In addition, provisions concerning the contents of the death notices in accordance with § 78c sentence 1 may be made in the Legal Regulation on the Central Testament Register. In addition, exceptions may be granted in the Legal Regulation on the Central Testament Register by:

1.

Section 78c, sentence 3, in so far as this relates to the release of a death sentence to the succession court;

2.

the electronic notification in accordance with § 78c sentence 4;

3.

the obligation to communicate electronically in accordance with the first sentence of Article 34a (1) of the Beurkundungsgesetz and the first sentence of § 347 (1) of the Act on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction.

The Federal Ministry of Justice and Consumer Protection is responsible for the legal supervision of the register authority. (3) The Federal Emergency Chamber can carry out further tasks corresponding to the purpose of its establishment. It may, in particular, take measures to provide scientific advice to the notaries and their members, to the training of notaries, to the training of young professionals and to the auxiliary staff of the notaries, as well as notary data. and support the electronic communications of the notaries with courts, authorities and other third parties. Unofficial table of contents

Section 78a

The Central Board of Management may include information on the providers, agents, the power of attorney and their content, as well as on suggestions for the selection of the supervisor, wishes for the perception of the care and about the proposal. Unofficial table of contents

§ 78b

(1) The Central Testament Register shall include:

1.

Information on the use of documents relevant to inheritance, which

a)

by notaries (Article 34a, paragraph 1, first sentence, of the Law on Judgments) or courts (paragraph 4 and section 347 of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction) must be submitted from 1 January 2012,

b)

in accordance with Section 1 of the TestamentsDirty Act of Transfer,

2.

Notices to be transferred in accordance with § 9 of the TestamentsDir-Überconduct Act.

The stored data are to be deleted at the end of the thirtieth calendar year following the death announcement. (2) Succession-relevant documents are wills, contracts of succession and all documents with explanations which influence the succession of succession , in particular, resignations, resignation and resignation, forensifying and application-renouncing contracts, marriage and civil partnership contracts, and legal elections. Details are provided for the identification of documents relevant to the succession. (3) Register-capable are only valid certificates which are subject to the following conditions:

1.

publicly, or

2.

taken into official custody

(4) If a court settlement is a succession-relevant document within the meaning of the first sentence of paragraph 2, the court shall immediately transmit the information to the register authority responsible for the Central Testamentsregister in accordance with The legal regulation issued pursuant to § 78 (2) sentences 2 to 5 of this Regulation. The deceased shall inform the court of the data required for registration. Unofficial table of contents

Section 78c

As from 1 January 2012, the competent registry office of the register authority shall notify the death, declaration of death or the judicial determination of the death period of a person (death penalty notice). The register authority shall examine whether there is information in the Central Testament Register in accordance with Article 78b (1), first sentence, points 1 and 2. You shall immediately inform you, in so far as it is necessary for the performance of the duties of the succession court and of the depositary authorities,

1.

the competent succession court on the death and any information referred to in Article 78b (1), first sentence, points 1 and 2, and

2.

the depositary authorities shall be responsible for the death and any depositaries pursuant to section 78b (1), first sentence, point 1.

The notification shall be made electronically. Unofficial table of contents

§ 78d

(1) The Registry Authority shall, upon request,

1.

Information from the Central Committee for Preliminary Custody and the Central Testament Register as well as

2.

Notaren information about depositary information from the Central Testament Register.

The information from the Central Testament Register shall only be provided in so far as it is necessary in the context of the fulfilment of the duties of the Courts and Notaries. Information from the Central Testament Register can only be obtained with his consent during the lifetime of the deceased. (2) The power of the courts and notaries to inspect registrations, the documents held or registered by them. (3) The Registry Authority may assist courts in the investigation of particularly officially dismissed documents for which there is no registration in the Central Testament Register for the lack of a notice of custody. In accordance with Section 347 (1), first sentence, of the Act on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction, the depositaries of the dispositions of death determined in accordance with the first sentence of sentence 1 shall be sent to the Central Testament Register. report. Unofficial table of contents

§ 78e

(1) The Central Board of Management and the Central Testament Register shall be financed by fees. The registration authority may charge fees for:

1.

the inclusion of statements in the Central Preliminary Custody office,

2.

the inclusion of declarations in the Central Testament Register and

3.

the issuing of information from the Central Testament Register in accordance with Article 78d (1), first sentence, point 2.

(2) To pay the fees, the following are required:

1.

in the case referred to in the second sentence of the first subparagraph of paragraph 1, the applicant and the person liable for the fees incurred by another force;

2.

in the case referred to in paragraph 1, second sentence, point 2 of the deceased;

3.

in the case referred to in the second sentence of paragraph 1, point 3, of the prefates of the information procedure.

A number of debtors shall be liable as a full debtor. (3) The fees shall be calculated in such a way as to ensure, on average, the administrative burden associated with the establishment, commissioning, permanent management and use of the respective register, including: Personal and material costs are covered. Consideration shall also be given to:

1.

for the inclusion of declarations in the Central Board of Preliminary Custody: the chosen communication path;

2.

for the inclusion of declarations in the Central Testament Register and for information: the cost of the transfer of the depositary messages under the Testamentsdirectory transfer law.

The costs incurred as a result of the inclusion of communications pursuant to § 9 (1) and (3) of the Willsdictionary Transfer Act shall be disregarded. (4) The Registry Authority shall determine the fees referred to in paragraph 1 and the nature of its survey in each case by: a fee set. The statutes are subject to approval by the Federal Ministry of Justice and Consumer Protection. The level of the fees shall be reviewed on a regular basis. (5) Courts and notaries may receive the fees charged under paragraph 3 for the register authority. Unofficial table of contents

§ 78f

(1) In the case of decisions of the register authority in accordance with § § 78a to 78e, the appeal shall take place in accordance with the provisions of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction, in so far as it does not consist of: (2) The complaint shall be lodged with the register authority. This can help to remedy the complaint. She submits complaints to the district court at the seat of the Federal Emergency Chamber (Bundesnotarkammer). (3) The legal complaint is not admissible. Unofficial table of contents

§ 79

The organs of the Federal Emergency Chamber are the Bureau and the Representative Assembly. Unofficial table of contents

§ 80

The Bureau shall consist of the President, two alternates and four other members. Four members of the Praesidium must be notaries ordered to exercise their main professional duties, three members must be lawyers ' notaries. A deputy must be a notary appointed to the main professional duties, a deputy attorney's notary. Unofficial table of contents

§ 81

(1) The Bureau shall be elected by the representative assembly. Each member of the representative assembly is elected. (2) The members of the Presidium are elected for a period of four years. If a member leaves early, a new member shall be elected for the remainder of his voting time in the representative assembly following his departure. Unofficial table of contents

§ 81a

§ 69a shall apply mutagenic to the duty of the members of the Presidium of the Federal Emergency Chamber, of the notaries and notary assessors who have been approached to cooperate and of the employees of the Federal Emergency Chamber to secrecy. Unofficial table of contents

Section 82

(1) The President shall represent the Federal Emergency Chamber in court and out of court. (2) The President shall preside over the meetings of the Bureau. (3) The Bureau shall annually reimburse the Federal Minister of Justice and Consumer Protection written report on the activities of the Federal notary Chamber and the Bureau. It also indicates the outcome of the elections to the Bureau. Unofficial table of contents

Section 83

(1) The Federal Emergency Chamber shall regularly take its decisions on meetings of representatives. (2) The tasks assigned to the Federal Emergency Chamber in § 78 (1) No. 4 shall be carried out by the Bureau after hearing the representative assembly. In urgent cases, the hearing may not be heard; however, the members shall be informed without delay of the measures taken. Unofficial table of contents

Section 84

The emergency chambers shall be represented in the representative assembly by their presidents or by another member. Unofficial table of contents

§ 85

(1) The representative assembly shall be convened by the President. It shall be chaired by the Assembly. The President shall convene the President if the Bureau or at least three chambers of emergency request it. The request of the emergency chambers shall be made in writing and indicate the subject-matter to be dealt with in the representative assembly. (2) In urgent cases, the President may take the representative assembly with a shorter than that in the statutes. convened for the convening period. The subject matter of which the decision is to be taken does not need to be stated in this case. (3) Decisions of the representative assembly may also be taken in text form if no more than three emergency chambers contradict each other. Unofficial table of contents

§ 86

(1) In the representative assembly, each notary chamber shall have one vote. In the case of Section 65 (1) sentence 2, the Notary Chamber shall have as many votes as it covers Oberlandesgericht districts or parts of Oberlandesgericht districts; however, a part of a Higher Regional District Court shall not be considered in this case if the number of it is less than the number of notaries approved in a part of the Higher Regional Court which is not part of the same emergency chamber. (2) So many notaries can be sent to the meetings of each emergency case, as the Notarkammer votes. In addition, notaries may also be admitted to the meetings for the purpose of assessing individual questions. (3) The representative assembly shall take its decisions, unless otherwise specified in this Act or in the Statutes, with the majority of the votes cast. In the event of a tied vote, the chairman's vote shall give a rash; in the case of elections, the lot shall be decided by lot. (4) The execution of decisions shall not be taken if a majority of at least three-quarters of the representatives, the main professional notaries, are of at least three quarters of the representatives who are Anwaltsnotare. Unofficial table of contents

Section 87

The Bureau has to report to the representative assembly on all important matters. Unofficial table of contents

Section 88

The members of the Presidium and the Representative Assembly are volunteering. Unofficial table of contents

§ 89

The more detailed provisions on the organs of the Federal Emergency Chamber and its powers shall apply the statutes. Unofficial table of contents

§ 90

The Federal Emergency Chamber is empowered to request reports and expert opinions from the emergency chambers in order to fulfil the tasks assigned to it by law or by statute. Unofficial table of contents

Section 91

(1) The Federal Emergency Chamber collects from the Notaries contributions which are intended to meet the personal and material needs. (2) The amount of the contributions shall be determined by the representative assembly.

Part Three
Supervision. Disciplinary procedure

Section 1
Supervision

Unofficial table of contents

§ 92

The right of supervision shall be granted

1.

the President of the Regional Court on the Notaries and Notarassessors of the District Court;

2.

the President of the Higher Regional Court on the Notaries and Notarassessors of the Oberlandesgericht;

3.

of the State Justice Department on all notaries and notary assessors in the country.

Unofficial table of contents

Section 93

(1) The supervisory authorities shall be responsible for the regular audit and monitoring of the administration of notaries and of the service of the notary assessors. Additional intermediate checks and samples shall be permitted without special occasion. In the case of a newly appointed notary, the first examination shall be carried out within the first two years of its activity. (2) The examination shall be carried out in order to carry out the official duties of the notary's official business. The examination shall also cover the establishment of the office, the management and storage of the books, directories and files, the proper automated processing of personal data, the proper processing of personal data, and the proper automated processing of personal data. Custody of valuables, on the timely display of representations and on the existence of liability insurance. In any case, a larger number of documents and minor acts must be checked and the calculation of costs must also be examined. (3) The responsibility for carrying out the examination shall be determined in accordance with the provisions adopted for this purpose. National justice administration. The supervisory authority may, after consulting the notary, be accompanied by notaries for exams. Officials of the administration of justice shall also be allowed to inspect and verify the lists and books and to check the cost calculations and charges relating to charges, including their collection, and the custody transactions and the like. , these officials shall not be subject to supervisory powers. To the extent that the cost calculation and the cost-entry of the notary are already checked by an authorized representative of the Notarkasse, an examination is not necessary. (4) The notary shall be obliged to check the supervisory authorities or the supervisory authorities with the examination. To provide and to hand over files, directories and books, as well as the documents in its custody, for inspection, access to the installations with which personal data are processed in an automated manner, and to provide access to the documents, necessary to provide the necessary information. Persons with whom the notary has or had joint business premises or with whom the notary has or had joint business premises shall be required to provide the supervisory authorities with information and to submit files to the extent necessary for the examination of the Compliance with the prohibition of co-operation is necessary. This also applies to third parties with whom there is or has passed a professional connection within the meaning of Article 27 (1) sentence 2. Unofficial table of contents

Section 94

(1) The supervisory authorities shall have the power to disregard notaries and notarial assessors of a minor nature in the event of irregular conduct and breach of duty. Section 75 (2), third sentence, sentence 1 and 2 shall apply accordingly. (2) The notary or notary assessor may lodge an appeal in writing to the supervisory authority, which issued the disapprochment, within one month of the notification. The supervisory authority may remedy the complaint. If it does not help it, the next higher supervisory authority decides on the complaint. The decision shall be justified and shall be notified to the notary or notary assessor. If the appeal is rejected against the disapproar, the notary or notary assessor may request the decision of the Higher Regional Court to act as a disciplinary court for notaries. Section 75 (5) sentences 2 to 4 shall apply accordingly. (3) Disapproval shall not affect the right of the supervisory authorities to take measures in the course of disciplinary proceedings. If the supervisory authority makes use of this right, the disapation shall be ineffective. However, if the Oberlandesgericht discoursed the disapprochement because it did not establish an irregular conduct, the exercise of disciplinary powers on the same facts is only on the basis of such facts or evidence , which were not known to the Court of First Instance in its decision.

Section 2
Disciplinary procedure

Unofficial table of contents

§ 95

Notaries and notary assessors who are culpably violating the official duties they are responsible for are committing a miserable service. Unofficial table of contents

Section 95a

(1) If there have been more than five years since a service pass which does not justify a temporary or permanent removal from the office or a distance from the former official residence, a prosecution is no longer admissible. This period shall be interrupted by the initiation of the disciplinary proceedings, the imposition of the disciplinary situation or the imposition of the supplementary and disciplinary situation. It is inhibited for the duration of the opposition proceedings, the judicial disciplinary procedure or for the duration of a suspension of the disciplinary proceedings in accordance with § 22 of the Federal disciplinary law. (2) Is due to the expiry of the time limit In cases where criminal proceedings have been initiated, the time limit for the duration of the criminal proceedings shall be inhibited. Unofficial table of contents

§ 96

(1) Unless otherwise specified in this Act, the provisions of the Federal disciplinary law shall be applied accordingly. The tasks and powers assigned to the service supervisors in these regulations shall be taken by the supervisory authorities, the tasks and powers of the supreme service authority shall be exercised by the Land Justice Department. (2) With the implementation of the investigation is to hire a person who has the ability to judge. In order to carry out a judicial hearing pursuant to Section 25 (2) of the Federal disciplinary law, the court may request the district court for legal assistance. (3) The provisions of the Federal disciplinary law applicable to § 3 of the Federal disciplinary law The administrative court order on the participation of honorary judges does not apply. The time limits of § 3 of the Federal disciplinary law in conjunction with § 116 (2) and § 117 (4) of the administrative court order amount to five weeks each. (4) The applicability of Section 41 (1) sentence 1 of the Federal disciplinary law can be carried out by Federal law aside. The State Governments shall be authorized to delegate the tasks and powers referred to in the second sentence of paragraph 1 to the competent authorities of the national justice administrations by means of a decree-law. The State Governments can transfer this authorisation to the Land Justice Administrations by means of a legal regulation. (5) The provisions of the Seventeenth Title of the Law of the Judicial Constitution are to be applied to the legal protection in the event of excessive legal proceedings. , The provisions of this Act, which govern the occupation of the Oberlandesgericht and the Federal Court of Justice in Disciplinary Matters against Notaries, are not applicable. Unofficial table of contents

Section 97

(1) The following measures may be imposed in the disciplinary proceedings:

Reference, fine, removal from office.

The disciplinary measures of the reference and the fine can be imposed side by side. (2) As a disciplinary measure against a notary appointed for the main professional exercise, it can also be recognized at a distance from the previous official residence. In this case, the State Justice Department shall immediately assign to the notary a different Headquarters after the decision has been made after the Emergency Chamber has been heard. In addition to the removal from the former Headquarters, a fine can also be imposed. (3) As a disciplinary measure against a lawyer's notary, it can also be recognized for a certain period of time on removal from the office. In this case, the reorder to the notary may only be refused if, in the meantime, the notary has pleaded guilty to a conduct which makes him unworthy to retake the office of a notary. (4) The fine may be imposed on notaries. up to fifty thousand euros, against notary assessors up to five thousand euros. (5) The removal from the Office (paragraph 1) shall be based on a notary who, at the same time, is a lawyer, shall be subject to the following conditions: at the same time as a result of the exclusion of the legal profession. Unofficial table of contents

Section 98

(1) Reference and fine may be imposed by means of disciplinary action by the supervisory authorities. If the notary is to be recognized for a certain period of time at a distance from the office, distance from the former official residence or removal from the office, he shall be subject to disciplinary proceedings against him. Section 14 (1) (2) of the Federal disciplinary law applies to the removal of the former seat and the removal from the office for a certain period of time. (2) The President of the Regional Court can only impose fines on notaries up to Ten thousand euros, against notary assessors, only up to a thousand euros. Unofficial table of contents

§ 99

As disciplinary courts for notaries, the Oberlandesgericht (Oberlandesgericht) and the Bundesgerichtshof (Federal Court of Justice) in the second legal suit are responsible for the first legal proceedings. Unofficial table of contents

§ 100

If several Oberlandesgericht (Oberlandesgericht) are established in one country, the Land Government may, by means of a decree law, carry out the tasks assigned to the Oberlandesgericht as a disciplinary court in this Act for the districts of all or more If this is necessary to ensure uniform case-law, the Oberlandesgericht (Higher Regional Court) or some of the Higher Regional Courts (Oberlandesgericht) or the Supreme Regional Court (Oberlandesgericht) are transferred Unofficial table of contents

§ 101

The Higher Regional Court shall decide in disciplinary cases against notaries in the occupation with the chairman, a co-sitter who is scheduled judge, and a co-sitter who is notary. Unofficial table of contents

Section 102

The chairman, who must be at least chairman judge at the Higher Regional Court, his deputies as well as the judicial co-sitters and their deputies shall be appointed by the Bureau of the Higher Regional Court from the number of permanent members of the Oberlandesgericht has been appointed for a period of five years. Moreover, the provisions of the Second Title of the Law of the Court of Justice and Section 6 of the Introductory Act to the Law of the Court of Justice shall apply accordingly. Unofficial table of contents

Section 103

(1) The advisers from the ranks of the notaries shall be appointed by the Land Justice Department. They must be appointed as notaries within the jurisdiction of the Disciplinary Court. They are taken from a list of proposals that the Management Board submits to the State Justice Department's Emergency Management Board. The provincial justice administration determines the number of seats required; it has previously heard the board of the Notarkammer. The list of proposals of the Board of the Notary Chamber must contain at least half more than the required number of notaries. If a Higher Regional Court comprises several counties of Notaries or parts of such districts, the Land Justice Department shall distribute the number of members to the counties of the individual Notaries. (2) The Beisitzer shall not be allowed to simultaneously

1.

Be the President of the Cashier (Section 113 (3)) or belong to the Board of the Notary Chamber, to the Board of Directors of the cash register or to the Presidium of the Federal Emergency Chamber;

2.

be active in the emergency chamber, the cash register or the federal notary chamber in the main or secondary occupation;

3.

a different disciplinary court (§ 99).

(3) Only one notary, who has completed the thirty-fifth year of life and has served as a notary for at least five years without interruption, can be appointed as a co-sitter. (4) A notary may not be appointed as a co-sitter.

1.

in which the conditions for a provisional impeachment are met,

2.

in the case of a disciplinary procedure or, if the notary is admitted as a lawyer at the same time, a judicial procedure is initiated,

3.

is subject to the public action for a criminal offence which may result in the inability of the clothing of public offices to be held,

4.

has been recognised in a disciplinary procedure over the last five years for a reference or fine, or for the last ten years, at a distance from the office of residence or from office, for a certain period of time,

5.

a reference or a fine or a prohibition of representation in the last ten years (Section 114 (1) (4) of the Federal Legal Code) has been imposed in a lawyer's court proceedings in the last five years.

(5) The advisers shall be appointed for a period of five years; they may be reappointed after the end of their term of office. If a co-sitter fails prematurely, a successor shall be appointed for the remainder of the term of office. Unofficial table of contents

Section 104

(1) The members of the notaries shall, as such, have all the rights and duties of a professional judge during the period of their duties. Your office is an honorary office. They receive compensation from the Treasury for the expenses associated with their activities, which amounts to one-and-a-half times the highest amount referred to in point 32008 of the list of costs relating to the General Court and Notary Costs Act. In addition, they are entitled to reimbursement of their travel and accommodation costs in accordance with the provisions of points 32006, 32007 and 3/2009 of the cost register for judicial and notary law. (1a) The office of an adviser shall end as soon as the office of the notary is , or retrospection of a circumstance which is contrary to the appointment pursuant to section 103 (2) of the nomination, and the co-sitter shall agree. The co-sitter, the cash register and the notary chamber shall immediately inform the Land Justice Administration and the Higher Regional Court of circumstances in accordance with the first sentence. Upon the termination of the Office in accordance with the first sentence, the First Civil Senate of the Higher Regional Court, which has jurisdiction as a disciplinary court, decides upon the application of the Land Justice Administration if the affected Member did not agree to the termination; paragraph 2 Sentence 3 to 5 shall apply accordingly. (2) A co-sitter shall be unveiled at the request of the Landesjusticadministration of his office,

1.

if it is subsequently known that it should not have been appointed;

2.

in the event of a subsequent occurrence which preclude the appointment;

3.

if he grossly violates an official's obligation.

The first civil senate of the Higher Regional Court or the Supreme Regional Court, which is responsible as a disciplinary court, decides on the application. In the decision, the members of the Disciplinary Court (§ 102) shall not participate. Prior to the decision, the notary and the board of the Notarkammer are to be heard. The decision is final. (3) The Land Justice Administration may dismiss a co-sitter on his application from the Office if he or she is prevented from taking due time for health reasons or if he/she does not have the right to do so for important personal reasons. is to be able to continue to take up office. Unofficial table of contents

Section 105

In order to challenge decisions of the Oberlandesgericht (Oberlandesgericht), the provisions of the Federal disciplinary law on the dispute over decisions of the Administrative Court shall apply accordingly. Unofficial table of contents

Section 106

The Federal Court of Justice decides in disciplinary cases against notaries in the occupation with the chairman, two judges and two notaries as co-sitters. Unofficial table of contents

Section 107

The Chairman, who must be at least Chairman Judge at the Federal Court, his deputits, as well as the judicial advisers and their deputits shall be appointed by the Presidium of the Federal Court of Justice from the number of permanent members of the Federal Court of Justice for a period of five years. Moreover, the provisions of the Second Title of the Law of the Court of Justice and Section 6 of the Introductory Act to the Law of the Court of Justice shall apply accordingly. Unofficial table of contents

Section 108

(1) The advisers from the ranks of the notaries are appointed by the Federal Ministry of Justice and Consumer Protection. They are taken from a list of proposals submitted by the Presidium of the Federal Emergency Chamber to the Federal Ministry of Justice and Consumer Protection on the basis of proposals from the Notaries. The Federal Ministry of Justice and Consumer Protection determines the number of seats required; it has previously heard the Bureau of the Federal Emergency Chamber. The list of proposals must contain at least twice the number of notaries and one half of each of the main professional notaries and the lawyers ' notaries. (2) § 103 (2) to (5) and § 104 (1) sentences 2 to 6, (1a) to (3) shall apply accordingly to: The Federal Ministry of Justice and the Federal Ministry of Consumer Protection shall take the place of the Land Justice Administration and hear the Presidium of the Federal Emergency Chamber before the decision on the dismissal of an adviser. (3) The Notaries are honorary judges. They have the position of a professional judge in the sitting to which they are used as a co-sitter. (4) The notaries have to maintain secrecy on matters which become known to them in their activities as a co-sitter. § 69a is to be applied accordingly. Permission to testify shall be granted by the President of the Federal Court of Justice. (5) Notaries appointed to sit in the seats shall be drawn up to the individual meetings in the order of a list drawn up by the Chairman of the Senate after hearing the two Before the beginning of the financial year, the oldest of the notaries who are to be co-sited shall be established. Unofficial table of contents

§ 109

The proceedings of the Federal Court of Justice in cases of disciplinary proceedings against notaries shall apply in accordance with the provisions of the Federal disciplinary law on disciplinary proceedings before the Higher Administrative Court. Unofficial table of contents

§ 110

(1) Whether a notary, who is also a lawyer, is to be appointed in the disciplinary proceedings or in the legal proceedings for lawyers, it is determined whether the misconduct is primarily with the office as notary or of the activity as an attorney. If this is doubtful or there is no such relationship, if it is a lawyer, it is in the legal proceedings for lawyers to decide otherwise in the disciplinary proceedings. (2) Has a lawyer's court or if a disciplinary court has previously been legally competent or uncompetent, the other court shall be bound by that decision. Unofficial table of contents

§ 110a

(1) entries in the files held above the notary concerning a reference or a fine are to be paid after ten years, even if they have been placed side by side. The operations resulting from these disciplinary measures shall be removed from the records kept above the notary and destroyed. After the expiry of the period, these measures may no longer be taken into account in further disciplinary measures. (2) The period begins with the day on which the disciplinary measure has become unquestionable. (3) The deadline does not end as long as against the Notary a criminal case, a disciplinary procedure, a lawyer or a professional court proceedings may be suspended, any other disciplinary measure or a law court measure may be taken into account or a fine denominated in a fine Judgment is not yet enforced. (4) After the expiry of the period, the notary shall be deemed to be not affected by disciplinary measures. (5) Paragraphs 1 to 4 shall apply accordingly for admonitions by the notary chamber and for misunderstandings by the supervisory authority. The deadline is five years. (6) Enforcement of criminal convictions or other decisions in proceedings for criminal offences, administrative offences or the violation of professional or official duties, which do not result in a criminal offence. Disciplinary action, a warning or a disapation, shall be redeemed at the request of the notary after five years. The second sentence of paragraph 1, paragraphs 2 and 3 shall apply accordingly.

Fourth part
Transitional and final provisions

Unofficial table of contents

Section 111

(1) The Oberlandesgericht (Oberlandesgericht) decides in the first legal proceedings on public law disputes under this law, a decree law issued pursuant to this Act or a statute of one of the emergency chambers established under this Act, including the Bundesnotarkammer, unless the disputes are expressly assigned to disciplinary proceedings or to another court (administrative legal cases). (2) The Federal Court of Justice decides on the appeal

1.

the appeal against judgements of the Higher Regional Court,

2.

the appeal pursuant to Section 17a (4) sentence 4 of the Law of the Court of Justice.

(3) The Federal Court of Justice shall decide in the first and last instance

1.

on claims relating to decisions taken by the Federal Ministry of Justice and for Consumer Protection or for which it is responsible,

2.

on the nullity of elections and decisions of the Federal Emergency Chamber.

(4) The Oberlandesgericht (Oberlandesgericht) and the Federal Court of Justice (Bundesgerichtshof) decide in the occupation prescribed for disciplinary cases against notaries. Unofficial table of contents

Section 111a

The Oberlandesgericht (Oberlandesgericht), in whose district the administrative act was enacted or would have to be enacted, is the local authority; this applies to public measures which affect or implement the professional rights and obligations of the parties concerned. sensual. In all other matters the Oberlandesgericht is responsible, in the district of which the defendant has his place of business or otherwise his residence. If several Higher Regional Courts are established in one country, the Land Government may, by means of a decree law, regulate the jurisdiction of one or more Oberlandesgericht (Higher Regional Courts). The state governments can transfer the authorization to the Land Justice Administrations. Unofficial table of contents

Section 111b

(1) Where this Act does not contain any divergent provisions relating to the judicial procedure, the rules of the Administrative Tribunal shall apply in accordance with the provisions of the Rules of Procedure. The Oberlandesgericht (Higher Regional Court) is the same as a Higher Administrative Court; § 111d remains unaffected. (2) The provisions of the Administrative Court Rules on the participation of honorary judges as well as the § § 35, 36 and 47 of the Administrative Court Regulations are not , The time limits of § 116 (2) and § 117 (4) of the Administrative Court order amount to five weeks each. (3) Notaries and notary assessors can represent themselves. (4) The suspensive effect of the action of appeal shall end in derogation from § 80b of the Administrative court order with the indisputability of the administrative act. Unofficial table of contents

§ 111c

(1) The action shall be directed against the Emergency Chamber or Authority,

1.

that the Administrative Act has adopted or should have been adopted; whereas, in the case of sovereign measures which adversely affect or implement the professional rights and obligations of the parties concerned, this shall apply mutagenly;

2.

whose resolution is the subject of the procedure.

Proceedings against examination decisions and other measures of the Examination Office shall be directed against the head of the Examination Office. (2) In proceedings between a member of the bureau or the board of directors and the notary chamber, the notary chamber shall be replaced by a of its members, which shall appoint the President of the competent court in particular. Unofficial table of contents

§ 111d

The persons concerned shall be entitled to appeal against final parts, including the partial judgments, basic judgments and interim judgments on admissibility, if they are approved by the Oberlandesgericht or the Federal Court of Justice. For the appeal procedure, the 12th Section of the Administrative Court of Justice applies, with the proviso that the Oberlandesgericht replaces the Administrative Court and the Federal Court of Justice to the authority of the Administrative Court. Unofficial table of contents

§ 111e

(1) Elections and decisions of the institutions of the Notaries, the Bundesnotarkammer and the Kassen, with the exception of the decisions of the directives pursuant to Section 71 (4) (2), may be declared invalid or void if they are in breach of the law or of the law of the (2) The action may be levied by the authority leading to the supervision of the State, or a member of the emergency chamber. The action of a member of the emergency chamber against a decision shall be admissible only if it asserts that it is infringed by the decision in his rights. (3) A member of the Chamber may submit the application only within one month of the election or Make decision-making. Unofficial table of contents

§ 111f

In the case of administrative emergency cases, fees are levied according to the charging list of the facility to this Act. In addition, the provisions of the Law on Legal Costs applicable to costs in proceedings before the courts of administrative jurisdiction shall be applicable in accordance with the provisions of the Law on Jurisdiction and Law, unless otherwise provided in this Act. Unofficial table of contents

§ 111g

(1) The value of the dispute shall be determined in accordance with Section 52 of the Law on Legal Law. (2) In proceedings, the claims for appointment to the notary or the appointment to the notary assessor, the dismissal of the office, the removal from the office or from the previous official residence or the dismissal from the contender service , a dispute of EUR 50 000 shall be accepted. Taking into account the circumstances of the individual case, in particular the extent and significance of the case, as well as the assets and income ratios of the plaintiff, the court may set a higher or lower value. (3) The Fixing is unquestionable; Section 63 (3) of the Law on Legal Law remains unaffected. Unofficial table of contents

§ 111h

The provisions of the seventeenth title of the Constitutional Law are to be applied to legal protection in the event of excessive legal proceedings. The provisions of this Act, which govern the occupation of the Oberlandesgericht and the Federal Court of Justice in administrative legal matters, are not applicable. Unofficial table of contents

Section 112

The State Governments are empowered to transfer the tasks and powers granted to the State Justice Administrations under this Act to these subordinated authorities by means of a regulation. The national governments can transfer this authorisation to the Land Justice Administrations by means of a legal regulation. Unofficial table of contents

Section 113

(1) The Notarkasse is a legal institution of the public law of the Free State of Bavaria. It has its headquarters in Munich. Its area of activity comprises the Free State of Bavaria and the district of the Pfälzische Oberlandesgericht Zweibrücken. She leads a service seal. It is subject to the legal supervision of the Bavarian State Ministry of Justice. It shall exercise the supervision of the participating judicial authorities in accordance with the provisions of the agreement. The budgetary and economic management of the Notarkasse is examined by the Bavarian Supreme Court of Auditors in accordance with the provisions of the Bavarian Financial Regulation. (2) The Länder notarkasse is a legal institution under the public law of the Free State of Saxony. It has its headquarters in Leipzig. Its area of activity comprises the districts of the Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia emergency chambers. She leads a service seal. It is subject to the legal supervision of the Saxon State Ministry of Justice. It shall exercise the supervision of the participating judicial authorities in accordance with the provisions of the agreement. The budgetary and economic management of the Länder notarkasse is examined by the Saxon Court of Auditors in accordance with the Saxon Financial Regulation. (3) The Notarkasse and the Länder notarkasse (Kassen) have the following tasks to fulfil:

1.

supplementing the professional income of the notaries, in so far as this is necessary to maintain an orderly and preventative administration of justice;

2.

Supply to the retired notaries of old age and incapacity to take office, incapacity notary assessors and supply to their survivors, where the amount of the supply is independent of the amount of the levies paid according to the to be paid for service life, including on-and-off times;

3.

uniform implementation of the insurance of the notaries according to § 19a and of the notaries pursuant to § 61 (2) and § 67 (3) (3);

4.

to promote the scientific and practical training of notaries and notary assessors, as well as the technical training of the staff of the notaries, including the carrying out of tests;

5.

provision of the necessary budgetary resources for the emergency chambers formed in the territory of the cashier;

6.

Payment of the payments of the notary assessors in place of the emergency chambers;

7.

the economic management of the emergency services provided by a notarial administrator in place of the emergency chambers;

8.

Reimbursement of notary fees, which may be requested by a national justice administration, a court or an administrative authority in the area of activity of the cash register.

(4) The cash registers may carry out further tasks corresponding to the purpose of their establishment. They may in particular:

1.

employ knowledgeable staff members who are assigned to the notaries in the area of activity of the cash register;

2.

to maintain facilities within the meaning of section 67 (4) (3) alone or jointly with the other cash register or emergency chambers,

3.

to conclude any follow-up insurance other than paragraph 3 (3),

4.

Take over the central management of the administrative tasks of the individual notaries on a voluntary basis, to the exclusion of the profit-making against reimbursement of expenses.

(5) The duties of the emergency chambers can be transferred with their consent and the consent of the cash register by the regional justice administrations of the cash register. (6) The notaries are obliged to assign the services assigned to them to the service in a service relationship (7) The statutory provisions applicable to civil servants ' remuneration must be applied in accordance with the procedural requirements laid down in the provisions of paragraph 3 (2) and (6) against the cash register. (8) The institutions of the cashier shall be the President and the Administrative Board. (9) The President represents the cashier court and out-of-court. He shall conduct business and shall be responsible for the execution of those matters which are not the responsibility of the Administrative Board. The President shall chair the meetings of the Board of Directors and take the decisions thereof. (10) The President of the Notary Fund shall be elected by the notaries in the area of activity of the emergency cash register for a period of four years. The President of the Länder notary will be elected by the Administrative Board of the State Emergency Fund for a period of four years. The President must be notary in the area of activity of the cash register and must not be a member of the Board of Directors at the same time. (11) The Administrative Board shall decide in particular on

1.

Substitutes, regulations and administrative provisions;

2.

the budget and the adjustment of the levies to the budgetary requirements,

3.

the level of the references of the notary assessors,

4.

the principles governing the training, examination and recruitment of knowledgeable staff,

5.

the definition of the total number and the principles for the allocation of expert staff to the notaries,

6.

the principles governing the asset management of the cash register.

The Board of Directors shall take its decisions by a simple majority of the votes cast, unless otherwise provided by the Statute. (12) The members of the Board of Directors of the Notarkasse shall be appointed by the notaries for a period of four years in the respective Oberlandesgericht (Oberlandesgericht) in the area of activity of the Notarkasse. The notaries of a Higher Regional Court shall elect two members to the Board of Directors. If the number of inhabitants in a Higher Regional District Court exceeds two million, the number of members of the Board of Directors from the Oberlandesgericht (Oberlandesgericht) is increased by one member for each additional two million. The members of the Board of Directors must be a notary with headquarters in the district of the respective Higher Regional Court. (13) The members of the Board of Directors of the Länder notarkasse will be elected by the notaries for the duration of four years in the respective Emergency chambers selected in the area of activity of the Länder notarkasse. The notaries of a notary chamber each elect two members to the board of directors; with more than three million inhabitants in the district of a notary chamber, three members are to be elected. The members of the Board of Directors must be notaries with Headquarters in the district of the respective Notary Chamber. (14) For the institutions and staff of the cash register, § 69a shall apply accordingly. The Board of Directors may exempt from the obligation to secrecy. (15) Prior to the invitation to tender and the confiscation of notaries and the appointment of notary assessors in the field of activity of the cashier, they are to be heard. (16) Before the decision of their budget The emergency chambers in the area of activity of the cash register listen to them. In the case of the cash register, a Advisory Board shall be formed for the purpose of providing advice on matters referred to in paragraph 3 (5), in which each notary shall send a member and the Board of Directors to the same number of members in the area of activity of the cashier The Chairman of the Advisory Board shall be chaired by the President of the Cashier. The cashier is not bound by the vote of the Advisory Board. (17) The cash register charges the notary fees on the basis of a set of charges, insofar as this is necessary for the performance of their duties. In order to ensure the obligations arising out of the tasks of the cash register, assets can be formed. The amount of the fees depends on the performance of the notary. The charges may also be fixed in a staggered way according to the sum of the fees to be charged by the notary. The amount of the levy can be set free of charge and the charges levied on the obligation to discharge. It also regulates

1.

the tax bases for the levies,

2.

the amount, the fixing and the due date of the charges;

3.

the collection procedure;

4.

the surcharges of the notary's public procurement law;

5.

the deferment and interest rate of the delivery rate, as well as the assertion of sow surcharges and security benefits,

6.

whether and to what extent the references are to be reimbursed by notary assessors (Section 7 (4) sentence 4) or expert employees who are assigned to a notary.

In the absence of a levy, the supervisory authority may provisionally fix levies. In accordance with the rules on enforceability of judicial decisions in civil matters, a refund may be recovered on the basis of a payment request issued by the President and provided with the attestation of enforceability. . The cash register may check the performance of the delivery obligation, including the underlying cost calculations and the cost of the notary. The notary has the right to inspect the files, documents, accounts, directories and books in his files, documents, accounts and books and to provide the necessary information. (18) The cash register may, in the exercise of the powers of the notary, be granted by the Notaren and notary assessors require information, the submission of books and files as well as the personal appearance before the President or the Board of Directors. The President may impose periodic penalty payments in order to impose these duties on the basis of prior written threat. The individual penalty payment shall not exceed one thousand euros. The penalty payment flows to the cash register; it is recovered as a backward levy. (19) In addition, the tasks and legal relationships of the coffers, their organs and their responsibilities are determined in accordance with a statute. The adoption and amendment of the Articles of Association and the provisions of the provisions of the regulations require the approval by the supervisory authority and the notice of the approval. For the Notarkasse the announcement is made in the "Official Bulletin of the Landesnotarkammer Bayern und der Notarkasse" (Official Bulletin of the State Emergency Chamber of Bavaria and the Notarkasse For the Länder notarkasse, the notice is published in the "Official Bulletin of the Länder notarkasse". Unofficial table of contents

§ 113a

(dropped) Unofficial table of contents

§ 113b

Notaries outside the areas of activity of the Notarkasse and the Länder notarkasse, in the area of which notaries are appointed to the main professional duties, can:

1.

to take measures to provide the necessary assistance to incumbators of newly appointed notaries;

2.

collect contributions in accordance with section 73 (1) with regard to the performance of the notaries; the basis of assessment may be, in particular, the business figures and the sum of the costs incurred by the notary, individually or jointly;

3.

make extraordinary contributions from a notary who does not continue a connection to the joint professional practice with the successor in office.

Unofficial table of contents

Section 114

The following special regulations apply to the State of Baden-Württemberg: (1) In addition to notaries in accordance with § 3 paragraph 1, notaries can be ordered in the Land Service. (2) Notaries in the Land Service who apply for an order to the notary pursuant to § 3 paragraph 1 Applicants who have made a three-year service as a notary assessor and who are in the Federal State of Baden-Württemberg's Federal Ministry of Economic Affairs. The same shall apply to persons who fulfil the conditions for appointment to the district notary. § 5 sentence 1, second half-sentence shall not apply to this extent. § 6 (3) applies with the proviso that the professional career of the applicants must also be taken into account, in particular the services provided in the judicial service of the country. (3) This law does not apply to the notaries in the Land Service. The provisions relating to their service conditions, their jurisdiction and the proceedings to be taken by them in their duties, including the right of appeal shall remain unaffected. (4) Notaries in the Land Service shall be entitled, one in Baden-Wuerttemberg to join the state of Baden-Württemberg as a member without voting rights. A notary in the Land Service, who is not entitled to vote, belongs to the board of a notary who belong to notaries in the national service. He also takes part in the representatives ' meetings of the Federal Emergency Chamber without voting rights. The notary in the Land Service and its representative are elected by the notaries in the national service according to legal areas from the county of those notaries in the State Service who have joined the emergency chamber. (5) Access to the contender service within the meaning of § 7 also has, who has the ability to pursue the career of the district notars. The State Administration of Justice can disregard persons with qualifications as judges of the German Judges Act in the contender service if suitable candidates with qualification for the career of the district notary according to sentence 1 to the The selection of such candidates shall be made according to their personal and professional competence, with particular reference to the outcome of the runway test. Anyone who has served a three-year contender and who is in the Federal State of Baden-Württemberg, is considered to be competent within the meaning of § 5. (6) For job vacancy procedures in the Baden area of law, for which those in the tender procedure has expired before 21 July 2009, Section 6b (3) does not apply to county notaries and to persons who fulfil the conditions for appointment to the district notary. Unofficial table of contents

§ 115

(dropped) Unofficial table of contents

Section 116

(1) In the jurisdictions of the former Württemberg and Hohenzolleric parts of the State of Baden-Württemberg, in which lawyers were able to be appointed as notaries on 1 April 1961, lawyers for the secondary professional exercise can continue to be Anwaltsnotare ordered. § 7 shall not apply to this extent. § 4 shall apply accordingly. (2) In the countries of Hamburg and Rhineland-Palatinate § 3 (2) does not apply. To the extent that, on April 1, 1961, lawyers exercised the office of the notary in the secondary profession, it retains the right to object. (3) In the first paragraph of Article 1 of the State Treaty between the Länder of Mecklenburg-Western Pomerania and Lower Saxony on the The restructuring of the municipalities in the former Neuhaus and other areas of Lower Saxony is subject to the order of only Anwaltsnotare.

Footnote

Section 116 (1) sentence 3: compatible with GG. BVerfGE v. 5.5.1964 I 430-1 BvL 8/62- Unofficial table of contents

Section 117

If there is a Community Higher Regional Court for several countries, the following shall apply:

1.

The Land Justice Administration of the country in which the Higher Regional Court does not have its seat may transfer the powers conferred by this Act to the Higher Regional Court to another judge.

2.

The notaries of each country form a notary chamber. Section 86 (1) sentence 2 shall not apply.

Unofficial table of contents

§ 117a

(1) In the area of the Oberlandesgericht Frankfurt am Main, there may be two notary chambers, by way of derogation from § 65 (1) sentence 1. (2) Die on 8 September 1998 in the Länder Brandenburg, Mecklenburg-Vorpommern, Sachsen, Sachsen-Anhalt und Thüringen Existing emergency chambers, the seat of which is not located at the seat of the Oberlandesgericht (Oberlandesgericht) by way of derogation from Section 65 (2), shall remain. Unofficial table of contents

§ 117b

(1) By way of derogation from § 5, a German national may also be appointed to the notary who has completed a legal studies degree at a university or university of the German Democratic Republic with the state examination and a two-year preparatory service with a state examination. The preparatory service with the State Examination is waived if the applicant has worked as a notary in a state notary or has worked as a lawyer for ten years and has a notary-specific knowledge. (2) By way of derogation from § 47 No. 1 in the federal states of Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia, can be ordered to take place on 8 September 1998. They will remain in office until the end of 7 September 2010. Unofficial table of contents

Section 118

(1) The administrative procedure initiated before 1 September 2009 in the case of notaries shall continue in the situation in which they are located on that date, in accordance with this Act, in the version in force as from that date, unless otherwise specified. Measures taken on the basis of the law applicable up to 31 August 2009 shall remain legally effective. Administrative procedures in emergency cases initiated before 1 September 2009 shall be subject to further application of the legal provisions applicable up to that date. (2) The admissibility of legal remedies against decisions taken before 1 September 2009 (3) The legal proceedings pending before 1 September 2009 in cases of administrative notary shall be governed by the law applicable up to that date and shall be subject to the Provisions, including legal provisions, are continued. Unofficial table of contents

§ 119

(dropped) Unofficial table of contents

§ 120

(1) In the case of an occupation procedure which, on the date of entry into force of Article 1 (1) of the Act amending the Federal Code of Law (new regulation of access to the attorney's office) of 2 April 2009 (BGBl. 696), § 6 of the Bundesnotarordnung (Bundesnotarordnung) is valid in the version valid up to this date. (2) Admission to the notary examination is only possible from 1 February 2010. (3) The emergency chambers are authorized to Training regulations in accordance with § 6 (2) sentence 4, as amended by Article 1 (1) of the Law of 2 April 2009 (BGBl. 696), to be adopted before 1 May 2011. Applicants may be required to provide practical training pursuant to § 6 (2) sentences 2 to 4 in the version of the law referred to in sentence 1 on the basis of the training regulations issued by the notary chamber and approved by the Regional Justice Administration before the first. May 2011. Unofficial table of contents

Section 121

(1) The disciplinary proceedings initiated before 1 January 2010 shall continue in the situation in which they are on that date, in accordance with this Act, in the version in force as from that date, unless otherwise specified. Measures taken on the basis of the law applicable until 31 December 2009 shall remain legally effective. The continuation of a disciplinary procedure in accordance with the first sentence shall be the same as the initiation of disciplinary proceedings within the meaning of Section 95a (1) sentence 2. (2) The formal disciplinary proceedings initiated before 1 January 2010 shall be followed by the date of the proceedings up to 31 December 2010. The European Parliament and the Council have continued. In these proceedings, the law applicable until 31 December 2009 shall also apply to the initiation and implementation of the judicial proceedings. (3) The judicial disciplinary proceedings or judicial proceedings pending before 1 January 2010 shall also apply. Proceedings pursuant to Article 75 (5) shall continue in accordance with the law applicable until 31 December 2009. (4) The admissibility of appeals against decisions in disciplinary proceedings which have been taken before 1 January 2010 shall be determined by the date of the the law applicable on 31 December 2009. The provisions of the law applicable up to that date shall also apply in the further proceedings. (5) The decisions taken by 31 December 2009 in a disciplinary procedure shall be enforced in accordance with the law applicable until that date, if: they have become indisputable. Unofficial table of contents

Annex (to § 111f sentence 1) Fee list

Subsection 1 First subsection 1 Upper countriesSubsection 2 BundesgerichtshofSection 2 Admission and implementation of Appeal Section 3 Preliminary legal protection subsection 1 OberlandesjudiofSubsection 2 Federal Court of Justice in the main proceedings subsection 3 BundesgerichtshofSection 4, Rüge, for infringement of the right to be heard



Nr.Fee charge charge amount or Rate of charge after § 34 GKG

Section 1 First legal action
Subsection 1 Oberlandesgericht
110	Procedures in general	4.0
111	Termination of the whole procedure by 1. Withdrawal of the action a) before the end of the oral proceedings, b) in the event that such a decision does not take place, before the end of the day on which the judgment, the decision of the court or the decision is communicated in the main proceedings to the place of business, c) in the case of Section 111b (1), first sentence, of the Federal Code of Notarate i. V. m. Section 93a (2) VwGO before the end of the declaration period pursuant to Section 93a (2) sentence 1 of the VwGO, 2. recognition or renunciation judgment, 3. court settlement, or 4. Declarations of completion in accordance with § 111b (1) sentence 1 of the Federal Code of State (Bundesnotarordnung) i. V. m. Section 161 (2) of the VwGO, if no decision is taken on the costs or if the decision of a previously notified agreement of the parties concerned is followed by a participant's cost statement or the declaration of costs,
	unless a judgment other than one of the judgments referred to in paragraph 2 has already been preceded by a court decision or a decision in the main proceedings: The fee 110 is reduced to The fee will also be reduced if a number of reductions in the number of reductions are met.	2.0
Subsection 2 Bundesgerichtshof
120	Procedures in general	5.0
121	Termination of the whole procedure by 1. Withdrawal of the action a) before the end of the oral proceedings, b) if such a decision does not take place, before the end of the day on which the judgment or the court's decision is communicated to the office, c) in the case of Section 111b (1), first sentence, of the Federal Code of Notarate i. V. m. Section 93a (2) VwGO before the end of the declaration period pursuant to Section 93a (2) sentence 1 of the VwGO, 2. recognition or renunciation judgment, 3. court settlement, or 4. Declarations of completion in accordance with § 111b (1) sentence 1 of the Federal Code of State (Bundesnotarordnung) i. V. m. Section 161 (2) of the VwGO, if no decision is taken on the costs or if the decision of a previously notified agreement of the parties concerned is followed by a participant's cost statement or the declaration of costs,
	unless a judgment other than one of the judgments referred to in paragraph 2 has already been preceded by a court decision or a decision in the main proceedings: The fee will be reduced to 120 The fee will also be reduced if a number of reductions in the number of reductions are met.	3.0
Section 2 Authorisation and implementation of the appeal
200	Procedure for the authorisation of the appointment: To the extent that the application is rejected	1.0
201	Procedure for the authorisation of the appointment: In so far as the application is withdrawn or the proceedings are terminated by other completion of the application The fee will not be charged to the extent that the appeal is permitted.	0.5
202	Procedures in general	5.0
203	Termination of the entire proceedings by withdrawal of the appeal or the action before the Scriptures have been received in order to justify the appeal to the Court of First Instance: The fee 202 is reduced to	1.0
	Declarations of completion in accordance with § 111b (1) sentence 1 of the Federal Code of State (Bundesnotarordnung) i. V. m. Section 161 (2) of the VwGO shall be the same as the withdrawal if no decision is taken on the costs or if the decision of a previously notified agreement is followed by the parties on the cost statement or the declaration of costs by a participant.
204	Termination of the whole procedure, if not number 203, by: 1. Withdrawal of the appeal or action a) before the end of the oral proceedings, b) in the event that such action does not take place, before the end of the day on which the judgment or the decision is communicated in the main proceedings to the office of business, or c) in the case of Section 111b (1), first sentence, of the Federal Code of Notarate i. V. m. Section 93a (2) VwGO before the end of the declaration period pursuant to Section 93a (2) sentence 1 of the VwGO, 2. recognition or renunciation judgment, 3. court settlement, or 4. Declarations of completion in accordance with § 111b (1) sentence 1 of the Federal Code of State (Bundesnotarordnung) i. V. m. Section 161 (2) of the VwGO, if no decision is taken on the costs or if the decision of a previously notified agreement of the parties concerned is followed by a participant's cost statement or the declaration of costs,
	unless a judgment other than one of the judgments referred to in paragraph 2 or a decision has already been preceded by the following main point: The fee 202 is reduced to The fee will also be reduced if a number of reductions in the number of reductions are met.	3.0
Section 3 Preliminary legal protection
Preliminary note 3: (1) The provisions of this Section shall apply to interim measures and to proceedings pursuant to Section 111b (1) sentence 1 of the Federal Code of State (Bundesnotarordnung) i. V. m. Section 80 (5) and section 80a (3) of the VwGO. (2) Fees shall be charged separately in the proceedings relating to the application for the order and in the proceedings relating to the request for the waiver of an order for an injunction. Several procedures in accordance with § 111b (1) sentence 1 of the Federal Code of Procedure (i). V. m. Section 80 (5) and (7) and Section 80a (3) of the VwGO shall be deemed to be a procedure within a legal suit.
Subsection 1 Oberlandesgericht
310	Procedures in general	2.0
311	Termination of the whole procedure by 1. Withdrawal of the application a) before the end of oral proceedings, or, b) if such does not take place, before the end of the day on which the decision of the place of business is communicated, 2. court settlement, or 3. Declarations of completion in accordance with § 111b (1) sentence 1 of the Federal Code of State (Bundesnotarordnung) i. V. m. Section 161 (2) of the VwGO, if no decision is taken on the costs or if the decision of a previously notified agreement of the parties concerned is followed by a participant's cost statement or the declaration of costs,
	Unless a decision on the application has already been taken: The fee 310 is reduced to	0.75
	The fee will also be reduced if a number of reductions in the number of reductions are met.
Subsection 2 Federal Court of Justice as the Court of Appeal in the main proceedings
320	Procedures in general	1.5
321	Termination of the whole procedure by 1. Withdrawal of the application a) before the end of oral proceedings, or, b) if such does not take place, before the end of the day on which the decision of the place of business is communicated, 2. court settlement, or 3. Declarations of completion in accordance with § 111b (1) sentence 1 of the Federal Code of State (Bundesnotarordnung) i. V. m. Section 161 (2) of the VwGO, if no decision is taken on the costs or if the decision of a previously notified agreement of the parties concerned is followed by a participant's cost statement or the declaration of costs,
	Unless a decision on the application has already been taken: The fee 320 is reduced to	0.5
	The fee will also be reduced if a number of reductions in the number of reductions are met.
Subsection 3 Bundesgerichtshof
Preliminary note 3.3: The provisions of this subsection shall apply if the Federal Court of Justice also has jurisdiction in the main proceedings.
330	Procedures in general	2.5
331	Termination of the whole procedure by 1. Withdrawal of the application a) before the end of oral proceedings, or, b) if such does not take place, before the end of the day on which the decision of the place of business is communicated, 2. court settlement, or 3. Declarations of completion in accordance with § 111b (1) sentence 1 of the Federal Code of State (Bundesnotarordnung) i. V. m. Section 161 (2) of the VwGO, if no decision is taken on the costs or if the decision of a previously notified agreement of the parties concerned is followed by a participant's cost statement or the declaration of costs,
	Unless a decision on the application has already been taken: The fee 330 is reduced to	1.0
	The fee will also be reduced if a number of reductions in the number of reductions are met.
Section 4 Rüge for breach of the right to be heard
400	Procedure on the complaint for infringement of the right to be heard: The reprimand shall be fully rejected or rejected	50,00 EUR

Unofficial table of contents

Annex EV Excerpt from EinigVtr Annex I, Chapter III, Sachgebiet A Sections I and IV
(BGBl. II 1990, 889, 921, 938)
Section I
-Provisions excluded from the entry into force in the territory of the Member States,
Section IV
-special arrangements for the Land of Berlin,

Section I
From the entry into force of the federal law referred to in Article 8 of the Treaty, subject to the special arrangements applicable to the Land of Berlin in Section IV, the following shall be excluded:
...

8.

Federal Code of Law in the revised version published in the Bundesgesetzblatt, Part III, outline number 303-1, as last amended by Article 1 of the Law of 7 August 1981 (BGBl. 803).

... Section IV
...

1.

By way of derogation from Section I, the following provisions shall also apply in the acceding part of the Land Berlin:

b)

Federal Code of Law in the revised version published in the Bundesgesetzblatt, Part III, outline number 303-1, as last amended by Article 1 of the Law of 7 August 1981 (BGBl. 803), with the following proviso: In the part of the Land of Berlin, where the Basic Law has not been applied until now, only lawyers for the duration of their admission to a court are to be considered as notaries to take office alongside the profession of the Attorneys at attorneys-at-law, who are appointed in their own practice on the date of accession in the part of the Land of Berlin, will be admitted to a court in Berlin, where the Basic Law has not yet been established. was applied to law notaries in accordance with the Bundesnotarordnung (Federal Code of Regulations). They belong to the Notarkammer Berlin.

...

Footnote

Annex EV, sect. I n ° 8 italic pressure: G occurs in the Länder of Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia. Article 13 (1) in accordance with d. Paragraph 2 to 11 G v. 31.8.1998 I 2585 (BNotOuaÄndG 3) mWv 8.9.1998 in force