Civil law notaries are state-appointed officials to conduct legal transactions, that shall be notarised in accordance with the requirements of the law or the wish of its parties (notary services).
Civil law notary acts in his operation range as a person of public trust, entitled to protection guaranteed to public officers.
Notary services, conducted de jure by the notary, shall have the status of official documents.
Civil law notary is obliged to:
-
take care of due protection of rights and interests of the parties to a legal transaction as well as other persons, for whom the transaction may result in legal consequences;
-
provide the parties to a legal transaction with necessary explanations related to that transaction;
-
refuse to provide illegal transactions;
-
keep in secret all circumstances of the legal transaction that were obtained by him/her while performing his/her services.
According to the act of 01 of March 2018 on counteracting introduction into financial circulation of property values derived from illegal or undisclosed sources and on counteracting the financing of terrorism Civil Law Notary is obliged to register all transactions worth in excess of EUR 15,000 and inform about them the General Inspector of Financial Information.
All notary services are provided in Polish.
In case of a person not speaking Polish or on request of the party to a transaction it could be performed additionally in a foreign language by the notary himself/herself (using own knowledge of a foreign language evidenced in a manner provided for sworn translators) or by a sworn translator asked for assistance.
Civil law notary provides following services:
-
draws up deeds that need to be notarised (notary act);
-
draws up confirmations of the inheritance;
-
prepares authentications of: personal signature, consistency of the extract, excerpt or copy with the presented document, date of presenting the document, party’s survival or temporary residence
-
takes the minutes (e.g. of general meetings of companies);
-
prepares protests of bills of exchange /promissory notes/ and checks;
-
takes into the custody documents, money and securities;
-
prepares extracts and copies of documents;
-
prepares, on request of parties, drafts of notary acts, statements and other documents;
-
performs another legal actions following from other regulations.
Notary services shall be conducted in a notary office.
Notary services shall be conducted in a notary office. Notary service may also exceptionally be conducted in another location, should this result from the character of a particular legal transaction or specific circumstances. It is possible in particular in case of taking the minutes of general meetings of companies, meetings of flat owner communities or meetings of co-operative members, as well as in case of a person participating in the transaction, whose health condition doesn’t allow him/her to appear in the notary office.
All the documents required to conduct a notary service should be presented in the notary office before performing the action (preferably a few days before)
That will let us analyse them to the point and eventually inform you if it’s necessary to complete them, which consequently shall ensure smooth and safe performance of the notary service.
One must present original documents to conduct the notary service, although first (to analyze them) they could be delivered in copies or via e-mail.