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Dr. Wiengarten Rechtsanwälte und Notar    Wolbecker Windmühle 15a    48167 Münster   
T: +49 2506 821 - 0    Fax: -144    i.wiengarten@dr-wiengarten.de

When do I go to the notary?

The notary's involvement in personally or economically far-reaching legal transactions is required by law, e.g. in property transactions, articles of association for limited companies or in marriage and testamentary contracts.

However, notarial authentication is often chosen even if the law does not prescribe it, e.g. in drawing up important contracts or a will, which require expert legal preparation. The notary advises and informs the parties and takes on the wording of contracts. The execution of authentications and certifications also rank among the notary's functions. A transcript regarding the hearing has to be made in the authentication of declarations of intent. However, the entire discussion in the conversation with the notary is not minuted, but merely the final contractual declarations of the parties to the contract.

For authentications, the written preparation and initial appraisal of the facts applicable for them are always necessary. Therefore, this is only carried out by appointment, unless a special urgent case is involved. Certifications differ from authentications because the notary only certifies the authenticity of the signature of the signatory or of a document. He/she checks the personal details of the person who signs or the conformity of the copy with the submitted original.

An appointment should generally be arranged beforehand for certifications as well. In addition, the notary is competent for a multitude of legal matters, e.g. for the safekeeping of valuable objects and money, the obtaining of official authorisations, the production of draft deeds, the execution of certifications from public registers and the acceptance of affirmations in lieu of an oath.

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