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Polish notary’s responsibilities
Polish notary’s obligation
If the parties are obliged (under separate provisions of law) or are willing to make the deed in notarial form a notary in the Polish legal system is not only obliged to prepare such an agreement but is also responsible for its accordance to Polish law.
It is also notary’s obligation to collect proper tax provided for in the Polish tax provisions or if necessary proper court fees.
Notary is also obliged to inform the proper land and mortgage register, community (such as City Hall), County and tax office in order for those authorities to make changes in their registers.
When the presence of a notary is needed?
Transfer of real estate’s ownership, require for their validity the form of notarial deed.
All agreements which, under the Polish law, must be executed in the form of notarial deed or in any form were the presence of a notary is needed are enlisted furthermore.
We understand the complicity of Polish provisions so we highly recommend, if you are a foreigner, do not hesitate to call us, so we can give you detailed information concerning your specific case.
Some acts in law must be undersigned before a notary who certifies authenticity of the signatures. Notary’s authentication is necessary when the shares of limited liability company are sold or the content of land and mortgage register is changed. The parties set their signatures in the presence of a notary on the agreements they had prepared before and the notary only confirms identity of the people who set their signatures.
A notary may also confirm the identity of a person setting its signature’s specimen, and such person can file the document in a bank, State Court Register or another institution which required such specimen.