KNB objects to deregulation of notary profession

The Royal Dutch Association of Notaries (KNB) has strong reservations about the European Commission's Directorate General GROW's intention to deregulate the notarial profession. The professional organization wrote this in response to a consultation on the matter.

In its response (pdf, 223 kB), the Royal Netherlands Bar Association (KNB) urges the Commission not to proceed with European deregulation of the notarial profession. The professional organization points to the differences in the organization and legal structure of the notarial profession in the various Member States. Furthermore, deregulation—which could lead to a change in the notary's official status—is undesirable due to the notary's public role in the chain of legal certainty.

Special role
For these reasons, among others, the European legislator has previously decided several times to exempt notaries from regulation. DC GROW now argues that notaries should be subject to certain directives and therefore treated in the same way as other regulated professions. The KNB also points out to the Commission that the European Parliament also granted notaries an exemption in 2007, partly because "notaries play a special role in the legal services market, which justifies a number of legal restrictions." The European Parliament recently reaffirmed this position.

Non-existent problem
Moreover, according to the Royal Netherlands Notary Association (KNB), deregulation of the notarial profession is a solution to a non-existent problem. Notaries spend many years studying to understand the increasingly complex national and regional legislation. In practice, only a few notaries will even want to familiarize themselves with the legislation of other Member States.