Impartial assistance in legal transactions and contractual matters of all kinds
Whether it is a matter of founding a company, drafting an inheritance agreement or buying real estate: important life decisions and legal transactions require notarisation. This protects each and everyone from legal discrimination and helps avoid disputes later on. Contrary to popular opinion, however, the work of the notary public is not completed upon mere notarisation or authentication. On the contrary: the notary public office performs many additional tasks in the preparation and execution of deeds.
These include, among other things, providing neutral legal advice and drafting contractual agreements. Even after the deeds have been signed, our notaries are still on the job for their clients: after all, they also see to the execution and enforcement of the agreements laid down in the contract. For example, they attend to entries in the land register and monitor payments. To the extent necessary and permissible, they also take oaths or hold sums of money in trust in a notary public escrow account. Unlike lawyers, they are always impartial.
Protection when buying real estate
Our notaries are mainly active in four subject areas: First of all, they are called upon when real estate is bought, sold or encumbered. They inform the persons involved about the required steps, draft purchase agreements, supervise the transfer of title, arrange for the registration of land charges or other real securities. Finally, they authenticate or certify all the documents required for the acquisition of houses, condominiums and land or for the conclusion of property development agreements. Our specialists are also familiar with the special features of leasehold law. For (future) condominium owners we prepare, among other things, declarations of partition and authenticate declarations issued by the administrator or the condominium owners’ association.
Individual structuring of estate and asset succession
Secondly, notaries are active in the field of “bequests and bestowals”, attending to the smooth transfer of assets. Regardless of whether it concerns money, real estate, security depots or business enterprises, our notaries show how asset succession can be arranged individually – both during the life of the transferring party and after his or her death. In this area, for example, wills are drawn up (if need be also wills for disabled or destitute persons) as well as inheritance contracts. We draw up transfer agreements for the transfer of assets between living persons. If the transferring party wishes to reserve a right of residence or usufruct in such an anticipated succession, for example, we also take this into account. If the testator has passed away, we support the heirs in applying for the required certificate of inheritance or correction of the land register.
In addition, notaries provide advice in the area of “family and pensions”. This usually involves the arrangements underlying life together. Married couples, for example, stipulate in marriage contracts or divorce settlement agreements what is to happen to their assets in the event of separation or what rights a spouse has in relation to the children they have together. In addition, our notaries certify the documents required for an adoption or draw up full custody proxies and living wills for you.
Company in focus
Another focus of Schleifenbaum & Adler’s notary public office is on advising companies at every stage of their development. We inform start-ups, for example, about the differences between a partnership, an OHG, KG, GmbH and AG. The notary public also prepares the necessary resolutions and registrations for the commercial register, certifying or authenticating them. If there is a change in the company’s shareholders, a change in a managing director or authorised signatory, we provide support in all the steps to be taken.
Our notary publics also draft and certify contractual documents required for the sale or transfer of a shareholding or for mergers, split-ups and other transformations. Our range of services also includes notarisations for general meetings of an AG, amendments to articles of association or increases in capital. We also regularly provide advice and certifications in English or in matters having an international dimension.