Since I often face the fact that not everyone understands why notaries are needed or when you need to contact a notary, I decided to write this short article.
- Notaries in the Czech Republic.
Notaries and their activities are regulated by the law, No. 358/1992 Coll., on notaries and their activities.
The activities of a notary public (§2) are:
- preparation of public documents on legal acts (for example, a resolution of a shareholders’ meeting),
- certification of legally relevant facts and statements (for example, certification of power of attorney or a statement of a debtor regarding payment of a debt, notarial certification and notarial deed),
- acceptance of documents and money for notarial custody (notářská úshova, often when purchasing and/or selling a real estate).
A notary performs his activities impartially.
In addition, there is a separate regulation on notary fees No. 196/2001 Coll.
Notaries are supervised by the Notarial Chamber of the Czech Republic (www.nkcr.cz) and the Ministry of Justice.
- Notarial services.
Here I will describe the most frequent services of the notaries.
- Certification of documents, including power of attorney (plná moc), statements, signatures on contracts (smlouvy), especially contracts on purchase of a real estate, certification of copies of official documents.
It is necessary to clarify that a notary can both draw up a document based on the data provided, and also certificate a provided ready document.
- While obtaining official documents from the state database, certificates: of incorporation from Commercial and Trade Register (výpisy z Obchodního a Živnostenského rejstříků), Land Register (Katastr Nemovitostí), proof of good conduct (Výpis z Trestního rejstříku), etc.
- During registration and changes in companies (společnost, s.r.o., a.s.) and various organizations (spolky, nadace, družstva, společenství), including changes in shareholders (společníků), changes in the amount of the authorized capital, changes in the articles of association, etc.
- When it is needed the notarial custody of documents and money for a certain amount of time, in order transfer to other persons (notářská úshova).
- When communicating with the debtor. It is often neglected. However, it is good to know that if you are providing a loan or a credit to a debtor, it is advisable to draw up a Notary Deed with compulsory execution (notářský zápis se svolením k vykonatelnosti), which replaces court proceedings, and in case of late payment, it is immediately transferred to Exekutorský úřad (bailiff).
- At last, but not least, almost everything related to family law – for example, drafting a prenuptial agreement (předmanželská smlouva), as well as to the right of inheritance – drawing up and keeping a will (závěť), as well as settling inheritance (dědictví).
Of course, the activities of notaries are not limited up to the above, but I hope this post has brought a clearer understanding of the activities of notaries in the Czech Republic.
As a bonus to the article, I am enclosing a list of notaries with professional knowledge of English in Prague.
(c) Elmira Lyapina, LL.M., Ph.D.
Disclaimer about the nature of the information contained in this article.
The information provided in this article is the general information, and does not constitute legal advice, and may be not valid in a particular situation. To obtain qualified legal consultancy, you should contact a lawyer with the provision of the necessary documents regarding the case. For example, by email: email@example.com.
This article was prepared on the basis of an analysis of legislative regulations for 12.08.2019. Therefore, while using such information, should be considered the changes to be made to the legislation after that. This article was published the first time on August, 12, 2019 on the web page www.juristpraha.cz