Notary's Duties

The notary advises the parties and helps with wording contracts. The duty of impartiality not only applies to certifications, but also to all of the notary's other official activities. In the state of Hesse, there exists a so-called lawyer-notary.

A lawyer-notary carries out his duties as a notary next to being an attorney at law. Therefore, the lawyer-notary has to clarify with the client seeking advice in which function he acts for the client. In a matter in which the lawyer-notary has been active in his function as a notary, he may no longer work as an attorney at law. On the other hand, he may no longer carry out any certifications as a notary in a matter in which has been active as an attorney at law.

The notary is principally obliged to find out the intentions of the participants, to untangle the facts, to clearly word the participants' declarations and to inform as to the legal scope of the respective legal transaction. In doing so, he should avoid errors and doubts, safeguard inexperienced participants from disadvantages, discuss potential concerns against a legal transaction with the participants and point out alternatives.