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Notarial Department
The Notary Public holds an independent public
office, is appointed to such office by the State Minister of Justice
and is subject - to be exercised within a specific circuit - to
the supervision of the Presidents of the District and Regional Courts
and of the State Minster of Justice.
The Notary's main function is to protocolite notarial deeds and
give legal advice to all parties of a transaction as an impartial
third party. On behalf of both parties he is to point out risks
and consequences of a spitulation and to suggest alternatives. Especially
in the field of real estate and company law (i.e. formation, merging)
deeds need to be notarized.
The legal relationships of the Notaries are regulated
by the German Notarial Code (BNotO); Notaries handle their mandates
impartial and independent (§ 14 BNotO). Their fees are fully
determined by law. Notaries must have taken the second state examination
with the qualification to magistracy and must practice their office
as a regular occupation.
Notaries in office are: Dr. Kurt
Büsser, Dirk Reischauer LL.M.
(Cambridge), Thomas Röskens and Andreas Riedel
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