This notarial act involves, upon request of the party, a delivery of a written statement which may have legal effect to the other party by the notary. The content of the statement can be: submitted orally to the protocol, sent by mail or handed in to the notary personally. The notary assumes whether the content of the statement causes legal effects. Delivery takes place in accordance to the regulations of the Polish Code of Civil Procedure regarding the delivery of procedural legal papers (art. 131-147 of the Code of Civil Procedure). The notary or the notary office staff member delivers the statement to the place chosen by the party. Upon request of the party, the statement delivery can be made via a registered letter.
The protocol of delivery drafted by the notary serves as a proof of delivery. If the other party responds orally to the protocol or gives a written response and states that he or she will sign the protocol, the notary will include the response in the protocol. The notary issues a statement delivery certification, and includes the answer therein, provided that it is given in the abovementioned way.
In case of delivery via a registered letter, the content of the delivered statement as well as the mention of the letter being sent are attached in the protocol of statement delivery.
In practice, statement deliveries can be used e.g. in final calls for payments.
Fees for delivery
For delivery of an oral statement to the other party which was entered into a protocol, handed in or sent to a notary, a notary can be paid a maximum fee of 40 zł + 23% VAT.