Notaris, Civil Law Notary in the Netherlands
Information on the role of the Dutch notary (notaris) during the process of property conveying, making wills, transferring shares, drawing up pre-nuptial agreements, legalising signatures and creating/cancelling mortgages...
A notaris (Dutch notary), like an attorney, is a professional legal advisor where clients pay for the advice. Like a judge the notaris is appointed by the Crown for life but is granted an honourable discharge at the age of 65.
The Notaris is independent and impartial and may act on behalf of both parties and may also weigh and balance the interests of both parties in certain legal matters. As an example, in the case of real estate conveying, the Notaris can act for both the vendor and purchaser.
A Notaris is required to ensure professional confidentiality and has the right to withhold information in court in the same way as lawyers and doctors.
Typically a Notaris will provide a notarial deed, in accordance with the law, for a number of agreements and legal transactions, amongst these:
- Property conveying
- Creation and cancelling of mortgages
- Incorporation of public and private limited companies (N.V.s and B.V.s)
- Drawing up wills
- Drawing up and amending pre-nuptial agreements
- Transferring shares
- Legalising signatures