Notaries
You may not only expect care, precision and competence from our notarial services; we also attach great importance to individual support by the notary in the preparation of recording.
In addition to our focus on real estate and corporate law, we offer expert services in all areas of notarial activity. We can rely on highly qualified employees for the execution of notarial transactions. If required, drafting and recording of notarizations in English are also possible.
You can contact us at any time via the e-mail address notar@hlvs.de.
Areas of activity
HEINZE LANGE v. SENDEN offers you comprehensive, notarial services in the following subject areas:
Most procedures in property law require the involvement of a notary. The legislative background is that, as a rule, substantial assets are affected and that implementation in the land register requires the observance of a variety of formalities. The notary ensures that the parties involved are aware of the implications of the transaction, that the transaction is balanced and that the mutual risks are minimised as far as possible.
The participation of the notary is particularly necessary in this regard:
- Land purchase, house purchase.
- Formation and purchase of residential property (condominium).
- Ordering, transfer and deletion of mortgages.
- Creation, transfer and deletion of leasehold.
- Granting and cancellation of rights in rem such as usufruct or housing rights.
- Unpaid transfer agreements as anticipated succession.
Only in the rarest of cases does the legal succession coincide with the individual ideas of the testator. If, for example, a spouse dies who has children with the survivor, the survivor does not inherit the house and the savings alone; rather, he is only appointed to ½ alongside the children as co-heir and can therefore only dispose of the estate together with them. Even more surprising is the succession of childless spouses: In this case, parents, siblings (possibly even grandparents!) inherit different proportions of the estate in addition to the surviving spouse.
Therefore not only entrepreneurs, but also private people should consider the regulation of their succession at an early stage. If real estate is held, a notarised deed of last will can usually save the heir(s) from applying for a certificate of inheritance.
Succession can be regulated by testamentary dispositions such as
- Testament,
- Spouse’s will,
- Inheritance contract,
- Renunciation of inheritance,
- Waiver of the compulsory portion
or by gift (“anticipated succession”). The participation of the notary makes sense in all these procedures, and is even required predominantly by law.
Not only heirs can be appointed in testamentary dispositions, but also e.g.
- Legacies,
- Requirements,
- A guardian for minor children,
- An executor,
- The exclusion of the administrative right of a divorced spouse to inherit minor children.
Many procedures relating to the corporate housekeeping of a company require the involvement of the notary – in particular for applications to the commercial register, partnership register or cooperatives register. In addition, many procedures in company law require notarial certification, e.g:
- Formation of UG (limited liability), GmbH or public limited company.
- Capital increase at UG (haftungsbeschränkt), GmbH or AG.
- Merger, division or change of legal form of companies.
- Transfer of shares in UG (limited liability) or GmbH.
- Amendment of the articles of association of UG (haftungsbeschränkt), GmbH or AG.
- Minutes of the Annual General Meeting of the AG.
Formation, dissolution, amendments to the articles of association and changes to the board of an association must be registered in notarised form with the register of associations.
Those who want to protect themselves and their relatives from legal uncertainties in old age or illness or want to prevent their will from being taken into account, e.g. when deciding on medical treatment measures, should make use of the various instruments of emergency precaution. It is important not to rely on generally accepted forms, but to discuss the scope of the orders in detail with the notary and to make an individual decision.
The precautionary power of attorney makes it possible to provide a person of trust with the necessary capacity to act, whereby different forms can be considered:
- Comprehensive power of attorney as “general power of attorney”,
- Power of attorney in property matters (contracts, banking transactions, public authorities, judicial matters, real estate transactions, etc.),
- Power of attorney in personal matters (medical treatment, accommodation, opening of mail, etc.),
- Commercial power of attorney (delegation of certain powers in the name of a company).
- Decree of care, mostly in combination with power of attorney for precaution.
- Patient decree.
Certain agreements in the field of family law require notarisation, in particular:
- Marriage contract. It can be useful in the case of special features of the specifically chosen marriage model. One might think of marriage in the case of economic imbalance, second marriage or business marriage. A marriage contract can be combined with an inheritance contract.
- Partnership contract.
- Divorce Consequences Agreement. It can help to reduce the costs of court divorce proceedings, because then only one of the spouses has to be represented by a lawyer. In addition, points of contention can be resolved and protracted disputes avoided.
- Adoption application.
- Maintenance title as notarial acknowledgement of debt.
- Nominations of guardians.
- Declarations of custody.
In the case of undisputed claims, the debtor who is not (currently) in a position to settle the claim can avoid an unnecessary legal dispute with the creditor by voluntarily providing him with an enforcement order by making a notarial acknowledgement of debt. The cost savings associated with this in relation to a legal dispute can be considerable, depending on the amount in dispute.
In an immense number of cases, notarised signature certification or the submission of notarised copies (e.g. to authorities, banks) is required. If documents, notarised declarations or notarised copies are to be presented abroad, it may also be necessary to combine them with an apostille – which we will be happy to arrange.
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