What Is a Notary? Duties, Obligations and Responsibilities
You may be asking yourself: what is a notary? Notaries are impartial public officials who examine, explain and notarise legal decisions in a binding form. They assist you in situations where clear arrangements and formal accuracy are essential – for example when buying property, setting up a company, or drawing up prenuptial agreements, wills or advance directives. The purpose of notarial work is to create legal certainty and to make agreements comprehensible and effective for everyone involved.
Table of contents
At a glance –
what does a notary do?
The work of the notary ensures that contracts are legally valid, complete and comprehensible for everyone involved.
The duties of a notary’s office include in particular:
- Purchase agreements for land and property
- Gifts of property
- Formation of corporations, e.g. GmbH or UG
- Inheritance law, inheritance contracts and complex wills
- Prenuptial agreements and family law arrangements
Within family and inheritance law, lasting powers of attorney and living wills from the notary also play a central role.
How the notary supports you in important decisions
Notaries assist people with decisions that have far-reaching legal and financial consequences. They make sure that important agreements are comprehensible, legally reviewed and formally correct. Their work rests on clear statutory rules and a strict duty of impartiality.
As an independent authority, they examine the facts carefully, explain the background and point out possible risks. This gives everyone involved the certainty they need to make informed decisions.
What a notary actually is
A notary is an independent legal public official who notarises legally significant declarations and ensures they are effective. The notary’s task is to make complex legal matters understandable, to explain risks and to create a clear, balanced contractual basis. In this way, the notary ensures that the parties act well informed and legally protected.
Further information on the legal status of notaries is also provided by the Federal Chamber of Notaries (Bundesnotarkammer).
Difference between a notary and a lawyer
While lawyers advise and represent one side, the notary always acts impartially. The notary’s mandate is to protect all parties equally and to create legal clarity.
Duties and obligations of a notary's office at a glance
What does a notary do? Notaries perform a wide range of tasks that the legislature expressly assigns to the notarial profession. These matters are often complex and carry far-reaching legal or financial consequences.
Real estate law
- Drafting the purchase agreement
- Advising on legal and financial risks
- Entries in the land register – land charges, declarations of division and developer contracts also belong to this area.
A detailed overview of all our notarial services in this area can be found under real estate law.
Corporate law
Family law
Prenuptial agreements, divorce settlement agreements and adoptions require the involvement of a notary to legally safeguard the interests of everyone involved.
Inheritance law
Notaries help draw up wills, inheritance contracts and estate arrangements. They also apply for certificates of inheritance and advise on compulsory portion rights and tax implications.
Certifications and notarisations
In addition to notarising entire contracts, the notary certifies signatures, documents and register filings – each with the evidentiary value laid down by law.
What is a notary responsible for?
Whenever the legislature provides for a particular warning or protective function, a notary must be involved. These matters are subject to mandatory notarisation or public certification.
Obligations of a notary – statutory requirements
Notaries are subject to strict statutory obligations that guarantee the quality and legal scrutiny of their work.
Duty to advise and inform
Under section 17 of the German Notarisation Act (BeurkG), notaries are obliged to advise their clients comprehensively, comprehensibly and impartially. They make sure that all parties understand the meaning and scope of their declarations.
The requirements for a proper notarisation follow from the German Notarisation Act (Beurkundungsgesetz, BeurkG).
Neutrality and impartiality
A notary may not favour or disadvantage any party. The notary’s task is to implement a balanced, fair and legally correct solution.
Documentation and custody obligations
Notaries are obliged to keep deeds properly, to make register filings and to arrange the necessary notifications to authorities.
Protection against legal and financial risks
Through careful review, clear wording and legally compliant drafting, the notary protects clients from invalid contracts, disadvantageous clauses and avoidable legal disputes.
What does a notary cost?
Notary fees are regulated uniformly throughout Germany and are based exclusively on the Court and Notary Costs Act (GNotKG). All notaries charge identical fees for the same matters.
How the fees are calculated
The fees are based on the so-called transaction value – for example the purchase price of a property, the share capital of a GmbH or the value of an estate.
Typical cost examples:
- Property purchase agreement: around 1.0 to 1.5 percent of the purchase price (including land registry fees)
- Formation of a GmbH: usually around 670 euros net
- Lasting power of attorney: from around 60 euros gross, depending on scope
This gives you a clear estimate of the notary fees in advance, so you can plan your next steps reliably.
When you should involve a notary
A notary is the right person to turn to whenever decisions need to be binding, unambiguous and permanently effective. The notary ensures that complex matters are legally reviewed, clearly explained and properly implemented. Now you know what a notary is and that the notary gives you the certainty you need for important steps in your private and business life.
Arrange a notarial consultation!
Arrange an appointment for a legally sound decision.
Frequently asked questions: what is a notary (FAQ)
Yes, land purchase agreements must be notarised. Without notarisation, the contract is invalid. The notary makes sure that all terms of the contract are correctly worded, understood and legally implemented. The notary also takes the necessary steps for registration in the land register.
The fees for a notary follow automatically from the GNotKG. They are based on the transaction value, for example the purchase price of a property or the value of the assets covered by an arrangement. Since all notaries in Germany charge identical fees, costs are fully transparent.
No, a notary is bound to impartiality and may not favour any party. The notary’s task is to inform all parties in a balanced way, to explain risks and to ensure a fair, comprehensible solution. This guarantees an independent and legally sound process.
A notarial certification is required whenever the law or a register (e.g. the commercial register) demands it. The notary confirms the authenticity of a signature or copy. This ensures that documents are officially recognised and can be used without any doubt about their origin.
With a certification, the notary confirms the authenticity of a signature. A notarisation goes much further: the notary explains the entire content, examines the legal position and records everything in a binding deed. It therefore offers considerably greater protection.
A handwritten will is possible, but a notarial will offers more certainty and avoids errors of interpretation. A notarial will is drafted in legal terms, recorded in the Central Register of Wills and prevents later disputes. For inheritance contracts, the involvement of a notary is in any case required by law. Here you can read how to revoke a will.
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Many thanks to Mr Franke for the committed and careful support.
Notarial support in Berlin
Do you need a notary for an important legal matter? In many cases, notarial support is required by law or advisable. The notary assists you impartially and independently – from the legal review to the formally correct notarisation.
Whether property, contracts or other legally significant decisions: the aim is to make the content understandable and to create legal certainty for everyone involved.
