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The services of a notary are required by law in personally or economically far-reaching legal transactions, e.g. property dealings, articles of association of firms organized in corporate form or marriage and inheritance contracts. However, recording by a notary is often also chosen where this is not required by law, e.g. when drawing up important contracts or a will requiring competent legal drafting. The notary advises and cautions the parties and words the contracts.
The duties of a notary further include recording and attesting documents.
When recording declarations of intent, the proceedings are taken down in writing. However, not the entire discussion with the notary is recorded, but only the final declarations of the contracting parties having legal effect. For recordings it is usually necessary to prepare in writing and check beforehand the relevant facts. Therefore, recordings take place only by appointment, unless the matter is particularly urgent.
Attestations differ from recordings in that the notary merely certifies the authenticity of a signature of the person affixing the signature or the authenticity of a document. He checks the personal data of the person signing the document or that the copy is a true copy of the original that was presented. In general, an appointment should be made for attestations too.
In addition, the notary is responsible for many legal matters, e.g. safekeeping of valuables and money, obtaining permission from authorities, preparing draft instruments, certifying excerpts from public registers and executing statutory declarations.
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