Notarial deed is a special form of a public document, drafted by a notary, which states the content of a particular legal action and constitutes a security measure for the interests of legal transaction participants. Notarial deeds should be drafted by a notary in an understandable and clear way. Notarial deeds should be read aloud by a notary or another person before signing. Upon reading of notarial deeds, the notary shall ensure that the persons participating in the action clearly understand the content and meaning of the deed, and that the content of the deed is in accordance with their will; a notary shall explain the parties all the possible doubts. Upon the request of the parties, annexes to the deed shall be read out as well.
Rules of drafting a notarial deed
An appropriate notarial deed has to contain the following components:
- day, month and year that the deed was drafted,
- place it was drafted,
- name, surname and address of the notary office,
- names, surnames, names of parents and place of residence for natural persons, and name and registered office for legal persons (companies) participating in the deed, names, surnames and place of residence of people acting on behalf of the legal persons (attorneys, legal representatives),
- statement of the parties with invocation, if needed, to the documents presented with the deed,
- acknowledgement – upon the request of the parties – of the facts and significant circumstances which took place during the drafing of the deed,
- acknowledgement that the deed was read out, accepted and signed,
- signatures of persons taking part in the deed,
- the notary’s signature.
The end part of the notarial deed includes data concerning the cost of notarial deed, amount of notarial fee and tax collected on account of the legal activity.
When to draft notarial deeds
Some of the law activities have to take form of a notarial deed, unless null and void, which means that an activity done without this form is not valid. They include particularly:
- selling real estate,
- granting and transfer of perpetual usufruct right,
- granting limited property rights, including mortgage,
- granting separate ownership of premises,
- transfer of title to a cooperative flat,
- inheritance division agreements, where the inheritance includes real estate, perpetual usufruct right or title to a cooperative flat,
- annulment of real estate joint ownership agreement,
- alienation of inheritence,
- granting a power of attorney to perform legal actions which require a form of notarial act,
- limited partnership agreements, charters of limited joint-stock partnerships, as well as limited companies, protocols from general meetings of limited companies,
- prenuptial agreement,
- agreement of disclaiming an inheritance.
A notary may also, upon the request of the parties, draft a notarial deed, even though a legal act in question does not require to take form of a notarial deed to be valid. It often happens when drafting a notarial will or preliminary agreement regarding the sale of real estate, for which the form of notarial deed is not mandatory, but is often resorted to by the parties as a security means to protect their interests.
If a notarial deed contains a transfer or waiver of a right revealed in the land and mortgage register, or involves an activity of ownership transfer of a real estate, a notary is obliged to include within the deed a motion to make a proper entry in the land and mortgage register, and officially send the excerpt from the notarial deed accompanied by the documents which constitute the entry basis to the court of proper jurisdiction to keep the lad and mortgage register within 3 days since the moment the deed was drafted.