Notarisation Ordinance (BeurkV) - Registration (Art. 2 Sec. 2 BeurkG) (BeurkV)

1. Attorneys who wish to register as public notaries shall submit a written notification to the Attorney Supervisory Commission.

2. The registration must be made public by the Attorney Supervisory Commission.

1. The Precise Designation of the Parties and Involved Persons Includes

a) For natural persons: personal details (name and first name, date of birth, place of origin or nationality, place of residence);

b) For legal entities: the company or the name registered in the commercial register, company number, registered office, acting body, and persons acting on its behalf (personal details and type of signing authority).

1. The document can be prepared in handwriting or typewriting.

2. The paper and writing of the document must be durable.

3. Important numbers must be written at least once in words in addition to being written in figures.

1. Multipart documents are to be combined into a physical unit or signed or initialed by all parties on each page.

2. Attachments that form part of a document are to be attached to it or clearly marked as an attachment.

1. Corrections must be made in the instrument or in a notarized addendum and must be clearly marked as such.

2. If the parties wish to make changes to the instrument before the conclusion of the notarization process, these changes must be noted on the margin or in the text of the instrument. The public notary must initial each change and ensure that it is unambiguously covered by the notarization clause.

3. Obvious clerical errors can also be corrected after the notarization process has been concluded. Each such correction must be initialed and dated by the public notary.

1. The public notaries pursuant to Article 2 paragraphs 1-4 of the Public Documentation Act (BeurkG) shall obtain a uniform notarization stamp from the Department of Internal Affairs and Security at cost price.

2. The certification officers pursuant to Article 2 paragraph 5 of the Public Documentation Act (BeurkG) shall obtain a uniform certification stamp from the Department of Internal Affairs and Security at cost price.

1. The term "land register matters" encompasses legal relationships that are capable of being registered or noted in the land register, preliminary agreements relating to such registerable or noteworthy legal relationships, as well as contracts and declarations that are directly associated with a land register process.

2. The transfer of real rights and noteworthy legal relationships within the scope of a transaction governed by the Merger Act is not considered a matter for the land register.

3. If a change of ownership of a property is part of a matrimonial agreement involving a change of matrimonial property regime, the establishment of a foundation, a contribution in kind, or an assumption of liability during the formation of a company or a capital increase, the public notarization of the ownership change in the property may also be conducted by any public notary authorized for the aforementioned cases. A complete extract from the land register must be included in the deed.

1. In the public notarization of matters related to the land register, the simultaneous presence of the parties is not a requirement for validity. If the parties do not appear simultaneously, the procedure must be conducted separately by the same public notary with each party, and the declaration of each party must be notarized separately.

2. For the notarization of contracts regarding the creation or modification of a mortgage, the presence of the property owner is sufficient if the creditor is registered in the commercial register.

1. The Document on Resolutions of the Meeting Contains

a) The location, date, and if applicable, time of the meeting, the name of the company, the names of the person chairing the meeting, the person keeping the minutes, and the vote counter;

b) The declarations of the person chairing the meeting regarding the lawful and statutory convocation of the meeting, the number of participants and the rights represented by them, the quorum of the meeting, as well as any objections to these declarations;

c) Proposals and other statements by participants that require documentation upon request;

d) In the case of votes, the voting result, the resolutions passed in their exact wording, and the mention of documents underlying the resolutions;

e) The signatures of the person chairing the meeting and the person keeping the minutes;

f) The signature of the public notary with the certification that they attended the meeting.

2. If the procedure is predetermined, the meeting can be conducted in the simultaneous presence of the participants in the same manner as a contract notarization.

3. Otherwise, the public notary records the procedure in an appropriate manner and prepares the document either simultaneously or at a later time. If substantive law requires the co-signature by certain persons, the public notary obtains their signatures before signing themselves.

1. A signature or mark may only be notarized if, in the presence of the public notary, the signature or mark is executed or acknowledged as genuine by the person concerned.

1. When certifying a copy, an excerpt, or any other written reproduction, the public notary must personally verify the conformity with the presented document.

1. The information required by Art. 11 of the Notarization Act must also be included in a certification.

1. The type of sanction is determined according to the severity of the breach of duty, taking into consideration the past conduct of the public notary.

2. A fine may be imposed in addition to the revocation of the notarization authority.

1. An application for the reinstatement of a permanently revoked notarization authority may be submitted in writing to the supervisory authority, stating the reasons, no earlier than after a period of two years from the final revocation.

1. This Regulation shall enter into force on February 1, 2010.