Notarial deed
A notarial deed is a public deed by which a notary records a legal act or certifies a legally significant fact. The law attaches special evidentiary force to a public deed; the specific effects, however, depend on the type of deed and on meeting the statutory requirements.
What this service means
What a notarial deed is and why it carries weight
A notarial deed is a form regulated by law in which a notary records a legal act or certifies a legally significant fact. When drawing up a deed on a legal act, the notary establishes the identity of the participants, ensures the act complies with the law and that the expressed will is captured comprehensibly; the deed must contain the prescribed elements.
The result is a public deed with higher evidentiary force than an ordinary (private) agreement: its content is considered true until someone proves otherwise. In a dispute, this shifts the burden of proof in favour of the party relying on the deed. Only a notary may draw up a notarial deed.
Dealing with a specific matter? For frequent situations we have separate pages: agreements and acts concerning commercial companies and concerning the transfer of real estate. A notarial deed is not always mandatory — for many acts it is an option that provides greater legal certainty. Together we will choose the form that suits your situation.
Comparison
A notarial deed and an ordinary agreement
| Aspect | Notarial deed | Ordinary (private) agreement |
|---|---|---|
| Who draws up the document | only a notary — it is the notary's statutory competence | the parties themselves, possibly with a lawyer |
| Nature of the document | public deed | private document |
| Evidentiary force in a dispute | the content is considered true until someone proves otherwise | the truth of the content must be proven in a dispute |
| Identity and will of the parties | the notary verifies them and assesses the act's compliance with the law | no official verification |
| Storage of the original | the original remains permanently deposited with the notary | depends on the parties |
| Direct enforceability | with consent to enforceability it can serve as an enforcement title | is not in itself an enforcement title |
Procedure
How it usually proceeds
Documents and description of the act. You bring the documents and an identity document and describe the intended act.
Verification and assessment. The notary verifies identity and assesses the legal act.
Drawing up and explanation. The notary draws up the deed and explains its content and consequences to the participants.
Signing and registration. The participants and the notary sign the deed; the notary registers it.
Certified copy. The notary issues a certified copy; the original remains deposited with the notary.
Let's arrange a meeting
Write to us or call — we will agree on an appointment and prepare a list of documents for your matter.
Do not send sensitive documents by ordinary e-mail without prior arrangement with the office.