Unlike Anglo-Saxon and some continental jurisdictions, the transfer and the pledge of shares in German Limited Liability Corporations (GmbH), as well as a number of shareholder’s resolutions in the context of the transformation of companies, or in order to increase a company’s share capital, or to change its statutes, require notarisation before a German notary public.
Notarisation before a German notary public is also necessary in order to acquire, or dispose of, a title in German real estate.
Notarisation in the meaning of the above is not only a simple authentication of signatures, but comprises the full preparation of the notarial deed and advising the parties involved on the essentials of the intended transaction. The notarial services include the filings with the Commercial Registers respectively with the Land Register.
The notary is in principle responsible for the validity of the transaction he notarises. He is a holder of a public office and directly supervised by the public authorities.
A limited number of Dentons’ attorneys in Germany are also admitted as notaries public. These are, therefore, prepared to render notarial services regulated by specific legislation.
The notary offices, equipped with state-of-the-art technology and experienced personnel, provide counsel on real-estate transactions and financings as well as on high-volume mergers and acquisitions needing notarisation under German law.
This information was sourced from the Dentons website.