Social role and task

The notary has a duty of care . This means that the notary must properly inform the parties about the consequences of the deed. They are obligated to do so to ensure that the parties fully understand the implications of the legal act they intend to perform. Therefore, they will always discuss and explain at least the essential content of the deed with the parties and must adequately inform them in advance, either verbally or in writing.

When you enter into (financial) obligations, you can't always fully anticipate the consequences. Consider a partner you'd like to live with who moves into your apartment. Or an entrepreneur taking over their parents' business. In such cases, it's wise—sometimes even mandatory—to seek the assistance of a civil-law notary, especially if you want to discuss matters confidentially. Together, we can explore your intended goal. We don't focus solely on legal instruments. A deed is a means, not an end. We place it within the broader context. In such cases, we provide you with legal, notarial, tax, and, if necessary, business advice, but above all, practical and applicable advice aimed at managing your risks. And, of course, we incorporate the human aspect.

We advise, draft, and execute notarial deeds. Notarial deeds are documents in which agreements and declarations are legally recorded. Several agreements or declarations must be included in a notarial deed. Only then are they valid. After signing by the notary, the date of the deed is binding on everyone. And everyone can trust that the deed was signed by the listed signatories. Anyone who has a deed executed receives a copy of the deed (also called a copy) to always be able to prove the agreements recorded in the deed. The deed is preserved in perpetuity. If the notary retires, for example, because they retire, their protocol (the original deeds, registers, repertories, and card indexes) is taken over by another notary who succeeds them. This way, nothing is ever lost.

The public office of notary entails the authority to execute authentic deeds when mandated by law or required by a party, and to perform other duties assigned to them by law. Although appointed by royal decree, notaries practice their profession at their own expense and risk. They are therefore both a public official and an entrepreneur and must therefore always navigate the dynamics of the free market and the legal framework, including the Notary Act and the professional and conduct rules.

Civil-law notaries are bound by professional secrecy. This applies to all confidential information received by civil-law notaries in the course of their professional practice. This secrecy extends to the entirety of the civil-law notary's services and their scope, and is independent of whether a notarial deed is executed in the context of these services. Civil-law notaries may also not disclose this confidential information in legal proceedings. They may refuse to testify before a judge if doing so would require them to disclose confidential information. This is their right to confidentiality.

The law often requires a notarial deed. Several agreements and declarations only become valid if they are recorded in a notarial deed. The most important are the following:

• Making or amending prenuptial agreements or partnership agreements
• Making or changing a will
• Transferring real estate, such as a home
• Establishing property rights, such as a mortgage, on real estate
• Establishing a private limited company
• Transferring shares in a private limited company
• Establishing a foundation