No worries about the status of the notary

Minister for Legal Protection Sander Dekker has received no indications that there are any problems with the state of the notary profession. This is the minister's response to parliamentary questions from Michiel van Nispen (Socialist Party). Furthermore, Dekker sees no connection between recent incidents in the notary profession, such as the fraud at Pels Rijcken, and the introduction of market forces.

Dekker further emphasizes that the number of incidents remains relatively constant, especially considering the growing size of the notarial profession. He also reports that prior to the introduction of market forces in 1999, there were also incidents, indications of dishonest conduct, and dismissals from office. Moreover, the complaints that recently led to dismissals are unrelated; they are very different matters.

Supervision
In his response to the parliamentary questions, Dekker elaborates on the role of both the Royal Dutch Notary Association (KNB) and the Financial Supervision Office (BFT) in overseeing the notarial profession. The KNB promotes the quality of the profession through peer reviews, while the Financial Supervision Office (BFT) oversees finances, quality, and integrity. According to Dekker, this never guarantees that every misconduct will be uncovered. He refers to the fraud at Pels Rijcken. However, to prevent misconduct as much as possible, notary offices must submit their financial data periodically to the BFT. If the office receives any concerning signals, risk-based supervision follows.

Impartial and independent
Van Nispen's assertion that the balance between official duties and entrepreneurship may be off is incorrect, according to the minister. "The notary still performs his duties as an impartial and independent professional," writes Dekker. "There are no signs that the notary has become primarily an entrepreneur: official duties are still considered a core task." This also applies to the younger generation. However, the services provided have become more competitive, modern, and customer-focused.

Future
An investigation into the functioning of the notary profession and the influence of market forces on it is not currently on the agenda, says Dekker. The Royal Netherlands Notary Association (KNB) is currently working on a project concerning the future professional, Futurepr(o)of, and is exploring possible amendments to the Notary Act. The Minister will await this development and then would like to discuss with the KNB how these wishes can be met.