Sebastian Szafrański & Marta Szafrańska - NOTARY OFFICE - NOTARISED LEGAL TRANSACTIONS AND NOTARIAL SERVICES

» NOTARISED LEGAL TRANSACTIONS AND NOTARIAL SERVICES:

GENERAL PROVISIONS
SCOPE OF SERVICES
VISITING A NOTARY PUBLIC'S OFFICE
CONFIDENTIALITY OF NOTARY SERVICES

» NOTARISED LEGAL TRANSACTIONS AND NOTARIAL SERVICES » GENERAL PROVISIONS:

Pursuant to Article 1 of the Law of 14 February 1991, The Notaries Act (consolidated version): Journal of Laws of 2002 no. 42, item 369 with amendments), Notaries shall be appointed to conduct legal transactions which the parties to such transactions have to or wish to notarise (legal transactions or notarial services). Within the scope of their authorisation, a Notary shall act as a person of public trust, entitled to protection guaranteed to public officers.

Notarised legal transactions legally conducted by a Notary shall have the status of official documents. Notarial services shall be provided in Polish. If so requested by a party the transaction, a Notary may perform a service in a foreign language, either using his/her own knowledge of a foreign language evidenced in a manner provided for sworn translators and interpreters or asking a sworn translator and interpreter for assistance.

Notarial services shall be rendered in a notarial office. Notarial services may also be provided in another location, should this result from the character of a particular legal transaction or specific circumstances. Notaries shall refuse to provide illegal notarial services.

While carrying out legal transactions Notaries shall take care of due protection of rights and interests of the parties to the transaction as well as other persons, for whom the transaction may result in legal consequences. Notaries shall provide the parties with all necessary explanations related to the current legal transaction.

A person who has been refused a notarial service, should be informed about the right and procedure of appealing against such refusal, and at a written request of that person - the grounds for the refusal should be served within a week.

Act of 16 November 2000 on counteracting introduction into financial circulation of property values derived from illegal or undisclosed sources and on counteracting the financing of terrorism (consolidated version, Journal of Laws of 2003, no. 153, item 1505 with amendments) Obliges a Notary Public receiving instruction or order from a client to execute a transaction worth in excess of EUR 15,000, shall register such transaction, identify the client and inform the General Inspector about performing the activity.

» NOTARISED LEGAL TRANSACTIONS AND NOTARIAL SERVICES » SCOPE OF SERVICES:

The scope of notarial services is described in Article 79 of the Law of 14 February 1991, The Notaries Act (consolidated version: Journal of Laws of 2002 no. 42, item 369 with amendments).

Notaries shall provide the following services:

1. DRAWING UP NOTARIAL DEEDS » see more details »

A Notary shall draw up a notarial deed if so is required by the law or if such is the will of the parties (Article 91 of the Law of 1991 February , The Notaries Act. A notarial deed is required mainly in the following instances: granting a power of attorney to perform activities requiring notarised form, setting up a partnership, limited partnership, limited joint stock partnership, limited liability company, joint stock company; transfer of proprietary, perpetual usufruct, co-operative right to an estate; transfer of entitlement to the deceased’s estate; drawing up nuptial settlements.

2. DRAWING UP INHERITANCE CERTIFICATES » see more details »

A Notary shall draw up a notarial Inheritance Certificate resulting from statutory or testamentary succession, excluding inheritance based on a specific Last Will and Testimony. Prior to drawing up an Inheritance Certificate, the Notary shall draw up the inheritance minutes in the presence of all concerned as statutory or testamentary successors. Before commencing writing the inheritance minutes the notary shall instruct the participants of the process of drawing the minutes, on the obligation to reveal any circumstances concerning the content of the minutes and on legal liability for giving false testimony. In the case of presenting a Last Will and Testimony, the Notary shall open it and announce its content unless such an opening and announcement has already taken place. The Last Will and Testimony opening and announcement shall be minuted. Upon completion of the inheritance minutes, the Notary shall draw up an Inheritance Certificate if there is no doubt concerning the successor and his/her share in the inheritance (Article 95a of the Act of 14 February 1991, The Notaries Act).

3. AUTHENTICATION » see more details »

Notary shall authenticate the following: personal signature, consistency of the extract, excerpt or copy with the presented document, date of presenting the document, party’s survival or temporary residence (Article 96 of the Act of 14 February 1991, The Notaries Act).

4. STATEMENT SERVING » see more details »

If so requested by a party, the Notary shall serve that Party’s written statement (which may lead to legal consequences) to a person indicated by that party (Article 103, of the Act of 14 February 1991, The Notaries Act).

5. MINUTES » see more details »

Pursuant to the binding law, Notary shall take minutes of general meetings of nongovernmental organisations, associations, co-operatives, companies and other legal persons (Article 104, of the Act of 14 February 1991, The Notaries Act).

6. PROTESTING BONDS AND CHEQUES

7. CUSTODY FOR DOCUMENTS, MONEY AND SECURITIES » see more details »

Notary shall take custody of all kinds of documents, even in sealed envelopes. In this latter case, the envelope should bear the signature of the depositor. Notary shall draw up a custody receipt on taking a document into custody, where he shall specify the date of the document receipt, particulars of the depositor and shall indicate to whom and upon what conditions a copy of the document may be issued. The document kept in custody may be released to the person mentioned in the custody receipt or his legal successors. Notary - in connection with the legal transaction performed in his office - may take into custody securities and deposits in Polish and/or foreign currencies, in order to release them to a person indicated upon depositing the instruments or his legal successor. For evidencing these transaction the Notary shall hold a separate bank account. The Notary shall draw up a receipt indicating the date of accepting the deposit, the identity of the depositor, the date of future release and the name, surname and the place of residence of the person to whom the deposit may be released. A receipt shall be issued upon the release of the deposit. (Article 106, of the Law of 14 February , The Notaries Act).

8. COPIES, DUPLICATES & EXCERPTS » see more details »

9. ON PARTIES’ REQUEST A NOTARY PROVIDES DRAFT DOCUMENTS, STATEMENTS OR OTHER DRAFT DOCUMENTS.

10. PROTESTING BONDS AND CHEQUES

» NOTARISED LEGAL TRANSACTIONS AND NOTARIAL SERVICES » VISITING A NOTARY PUBLIC'S OFFICE:

Notarial services are available upon prior arrangements with the Notary or the Notary Public’s office staff. This will allow to establish the scope of required services and type of documents to be presented in the Notary Public’s office before performing the required acts.

Any documents relevant to perform the notarial act shall be delivered to the Notary before the established date of notarial act performance. Detailed analysis of the documents will ensure smooth and safe performance of the notarial act.

Original documents should be presented. Notary shall confirm their correctness and assess whether they are sufficient basis for performing the notarial act thus enduring with due protection of rights and interests of the parties to the transaction (pursuant to Article 80 of the Law of 14 February 1991, The Notaries Act) Due diligence and observing relevant rules and regulations guarantees that the planned notarial act meets clients’ expectations.

» NOTARISED LEGAL TRANSACTIONS AND NOTARIAL SERVICES » CONFIDENTIALITY OF NOTARY SERVICES:

Pursuant to Article 17 of the Law of 14 February 1991, The Notaries Act, a Notary shall keep confidential information s/he obtained while performing notarial services. The obligation of confidentiality shall continue to apply after the revocation of the commission. The obligation of confidentiality shall cease when a Notary acts as a witness before a court, unless the disclosure of a secret threatens State security or important interests of individuals. In the aforementioned cases, the Minister of Justice may exempt the Notary from keeping the secret.

The obligation of confidentiality does not apply to information disclosed on the basis of stipulations of the Act of 16 November 2000 on counteracting introduction into financial circulation of property values derived from illegal or undisclosed sources and on counteracting the financing of terrorism (consolidated version, Journal of Laws of 2003, no. 153, item 1505 and of 2004 no. 62, item 577) – in the scope defined by the regulations.

Written notifications and other documents shall be issued to parties to the notarised legal transactions; if legal relationship so indicates, they may be issued to parties involved in the legal transaction. In the cases specified by law, the Notary shall send written reports on notarised documents and copies thereof to Courts and State bodies. Verbal information on the performed notarial services may only be disclosed to persons authorised to receive copies of the documents confirming these legal transactions.