District Notary – Definition, Legal Status and Duties
Definition and Legal Classification
The Term District Notary refers in Germany to a special type of notary that existed primarily in the state of Baden-Württemberg until 2017. Unlike the regular notary found in the rest of Germany, the district notary was not self-employed but instead held a public-law official relationship as a civil servant for life in the service of the state. The responsibilities of a district notary included both notarial official acts and duties in state land registry offices and inheritance departments. Since 2018, the district notary model has been completely abolished in Baden-Württemberg; however, it remains relevant in the processing of legacy cases and in the context of legal historical analysis.
Legal Basis and Development
Historical Development
The office of district notary originated in the 19th century as a result of the administrative structure in the southwestern German states, particularly in the Kingdom of Württemberg and later the state of Baden-Württemberg. In contrast to the ‘regular notary’ system in other federal states, the district notary was granted a dual status: in addition to classical notarial functions, he also served as a civil servant, in many cases entrusted with additional duties in land registry and inheritance matters.
Statutory Foundations
The relevant statutory regulations until the abolition derived from the Württemberg Deed Certification Act, the Notaries Act Baden-Württemberg (AGNotGBW) as well as other state legal regulations. Through the passage of the Act on the Reorganization of Notarial Professional Law (NotReformG BW) and the enactment of the “Act on the Expansion of Notariates and Reform of Land Registry Offices,” the office of district notary was abolished as of December 31, 2017.
Duties and Responsibilities of a District Notary
Notarial Activities
District notaries were entrusted with all duties that notaries perform nationwide. This includes, in particular:
- Certifications of legal transactions such as real estate purchase agreements, company formations, inheritance contracts
- Certification of signatures and copies
- Drafting of deeds and advising within the scope of notarial official duties
- Safekeeping of valuables, execution of wills, and inheritance matters according to the rules governing probate courts
Work in Land Registry and Inheritance Matters
A key distinguishing feature compared to the ‘regular notary’ was the additional responsibility for tasks as head of a land registry office or probate court. In this context, the district notary carried out, among other things, the following duties:
- Management of the land register and entry of property-related rights (e.g., transfers of ownership, land charges)
- Issuing extracts from the land register
- Processing of applications for certificates of inheritance, opening of wills, and probate matters
Options for Transfer and Local Jurisdiction
Jurisdiction and Office Location
The district notary operated at the district notary office, whose jurisdiction was defined locally and extended to a specific judicial district. The precise delineation was made to ensure comprehensive provision of services to the population, including rural areas.
Succession After Abolition of the District Notary
With the dissolution of the district notary system and the switch to the regular notary model in Baden-Württemberg, the previous responsibilities were distributed among independent notaries, district courts (especially for land registry and inheritance matters), and other authorities. Legacy cases initiated under a district notary’s jurisdiction are still partially handled by specially established transitional units.
Legal Status and Duties of the District Notary
Civil Servant Status and Supervisory Authority
The district notary was employed as a lifelong civil servant by the state of Baden-Württemberg. This resulted in a close integration with the state’s supervisory authority. The institutions were subject to the technical supervision of the State Ministry of Justice, which could issue directives under notarial service law.
Confidentiality, Independence, and Impartiality
The classic principles of the notarial office applied equally to the district notary: The duty of confidentiality, independence from the parties to the deed, and impartiality in the exercise of office were established by law.
Remuneration and Fee Regulations
Fees were charged based on the nationwide provisions of the Court and Notary Fees Ordinance (KostO) or, since 2013, the Court and Notary Fees Act (GNotKG). The fees did not go to the district notary himself but to the state treasury.
Significance and Assessment of the District Notary System
With the comprehensive abolition of the district notary system, a structure that had shaped legal relationships in Baden-Württemberg for over one hundred years came to an end. The complete separation of judicial (state) responsibilities and preventive legal care (notarial office) was pursued to establish a nationwide uniform structure and to comply with the requirements of the Basic Law and European law.
References to Literature and Legal Sources
- Württemberg Deed Certification Act (WürttBG)
- Law on the Judiciary in the State of Baden-Württemberg (State Judiciary Act – LJG BW)
- Act for the Implementation of the Notarial Reform in Baden-Württemberg (Notariatsreformgesetz Baden-Württemberg – NotRefG BW)
- Court and Notary Fees Act (GNotKG)
- General administrative regulations of the State of Baden-Württemberg for maintaining land registers
This article discusses the term district notary, its development, legal status, and scope of duties comprehensively. It considers the statutory background as well as the significance in the context of the notarial reform in Baden-Württemberg and serves as a guide within a modern legal lexicon.
Frequently Asked Questions
What duties does a district notary perform in the context of notarizations?
A district notary is authorized to notarize a wide range of legal transactions that require public authentication or notarization under German law. Classic duties include, in particular, the notarization of real estate purchase agreements, inheritance contracts, gift deeds, as well as notarization of marital agreements and articles of association (for example, when establishing a GmbH or cooperative). District notaries are also authorized, within their competences, to take up wills or last wills, draw up inventories of estates, and certify applications for certificates of inheritance. Their activities are subject to strict statutory formal requirements to ensure legal certainty, prevent hasty decisions, and provide clarity in contract design. Furthermore, they advise the parties on the meaning and consequences of the legal transactions to be notarized.
Who supervises district notaries and what disciplinary law applies to them?
District notaries in Baden-Württemberg are supervised by the State Justice Administration, represented by the competent regional court or higher regional court, as well as the Ministry of Justice Baden-Württemberg. In terms of how they exercise their office, the State Act on Voluntary Jurisdiction and the Federal Notarial Code (BNotO) apply, with specific state law provisions for Baden-Württemberg being decisive. Supervision covers compliance with procedural requirements, control of proper administrative conduct, adherence to deadlines, the fee schedule, and diligence in authentication activities. In the event of breaches of duty, disciplinary measures such as warnings, fines, or—in serious cases—removal from office may be imposed.
In what geographical area of jurisdiction may a district notary operate?
The official powers of a district notary are essentially limited to the respective area to which he is assigned. This means, above all, that a district notary will ordinarily carry out his official acts within his local district unless specific statutory regulations provide otherwise. However, due to national regulations, certain official acts—such as authentication of signatures or notarization of specific agreements—may also be performed outside his district if permitted by state law. In practice, however, local jurisdiction is an important principle to avoid overlapping competences and to protect the parties’ trust in the notary’s neutrality and availability.
What special formal requirements apply to the activities of a district notary?
When performing notarization, strict formal requirements must be observed by the district notary. This includes, in particular, the obligation to record the subject matter and the statements of the parties in full and clearly in a protocol, to read this out in the presence of all parties, to submit it for approval, and to have all parties sign it. The notarization must take place in German unless the parties have adequate knowledge of another language or an interpreter is involved. Furthermore, the personal data of the parties to the deed must be clearly established and documented. For certain legal transactions—such as land purchase contracts or marital agreements—there is a statutory authentication requirement, failure to observe which results in the invalidity of the transaction.
How are costs settled by a district notary and what legal foundations apply?
The fees and expenses incurred in a notarial official act by a district notary are generally governed by the Court and Notary Fees Act (GNotKG). The fees are calculated based on the transaction value of the legal transaction in question; these are usually values such as purchase price, inheritance assets, or contract value. Additional expenses for copy charges, postage, certifications, and information may be incurred. The district notary is obliged to prepare a calculation of the costs incurred in accordance with § 19 GNotKG and to fully inform the parties of the anticipated cost structure. Excessive or impermissible fees may be appealed to the competent supervisory authority.
What role does the district notary play in preventing conflicts of interest?
As an impartial public official, the district notary is obliged to maintain neutrality and is generally not permitted to perform official acts if a personal or financial conflict of interest exists. This especially concerns situations in which the notary himself or close relatives are parties to a legal transaction, or if the notary has previously acted in an advisory capacity and would thereby endanger his independence. The duty of confidentiality towards third parties is another central element of official conduct and serves to protect the confidentiality of notarial matters. Breaches of these neutrality and confidentiality obligations that are made public can result in disciplinary actions or civil liability claims.
What legal remedies are available to parties who have doubts about the validity of a notarial deed executed by a district notary?
If there are doubts about the validity or formal correctness of a notarial deed executed by a district notary, parties have the option of applying for judicial review. This is usually done within the framework of a separate legal protection procedure—for example, as an action for annulment or a declaratory action seeking a finding of the invalidity of the deed. In addition, notarially certified contracts remain subject to the general provisions of the German Civil Code (BGB) regarding mistake, fraud, or unlawful duress. Besides civil law challenges, in the case of formal defects (for example, missing signature or negligence in drawing up the record), a complaint can also be lodged with the supervisory authority, which can initiate disciplinary review proceedings against the district notary.
