Notarial activities
According to art. 79 of the Act of February 14, 1991 Notary Law, the notary performs the following activities:
1) draw up notarial deeds,
in particular:
– sales contract,
– preliminary contracts,
– developer agreements,
– donation agreements,
– agreements for the abolition of joint ownership,
– agreements for the estate of the estate,
– company agreements (agreements of partner companies, agreements of limited partnerships),
– company statutes (statutes of joint stock companies, statutes of limited joint-stock partnerships)
– real property transfer agreements,
– exchange contracts,
– declaration on the establishment of a land easement,
– statements on the establishment of personal easements,
– wills,
– matrimonial property agreements (yours intercranes)
– agreements for the division of joint property,
– power of attorney,
1a) draw up the certificates of inheritance,
2) draw up the credentials,
in particular:
– signature handwriting,
– compliance of a copy, excerpt or copy with the document presented,
– date of presentation of the document (certain date),
– keeping a person alive or in a specific place,
3) deliver the statement,
4) lists protocols,
in particular:
– minutes from the Extraordinary General Assemblies of Joint Stock Companies,
– minutes from Ordinary General Meetings of Joint Stock Companies,
– reports on Extraordinary General Meetings of limited liability companies,
– reports from the Ordinary Congregations of limited liability companies,
– minutes from the Meeting of Housing Communities,
– protocols from entries to the website,
– non-performance protocols,
– reports on missed parties,
5) draw up protests of bills of exchange and checks,
6) accepts documents, money (with a special deposit account) and securities for storage,
7) draw up excerpts, excerpts and excerpts of documents,
8) draw up, at parties’ request, draft acts, declarations and other documents,
9) draw up other activities resulting from separate regulations
§
Notary power of attorney
According to the Civil Code definition, a preliminary agreement is a document in which one or both of the interested parties undertake to conclude a specific agreement (the so-called promised contract).
The preliminary agreement does not have to be confirmed by a notarial deed, however, prepared in such a form, it allows for pursuing its claims in court. It also makes it possible to disclose in the land and mortgage register a claim to conclude a promised contract – this information is therefore open to third parties.
The preliminary agreement allows for postponing the final date of signing the target contract – for example, a sales contract that results in the transfer of ownership. The preliminary agreement itself does not result in the transfer of ownership, but creates an obligation to conclude a sales agreement in the future on terms specified previously by the interested parties. The preliminary contract specifies and records such aspects as: subject of the final agreement, price and method of settlement and the date of conclusion of the final agreement.
§
Testament
According to the provisions of the Civil Code, the appointment to the inheritance results from the act or from the will. When the will has not been prepared for inheritance, the persons indicated by law come in the right order and shares. First of all, they are the spouse and children of the deceased.
However, if the testator wishes to dispose of his property differently in the event of death, he can only do so by will. The form of a notarial deed is not required in principle for the preparation of a will. It is enough for the testator to write it in full with a handwritten letter, sign it and give the date. One or several persons may appoint the estate to decline, in the latter case if the testator does not indicate the shares in which they are to inherit, they will inherit in equal parts. For security reasons, however, it is worth to go to a notary public in order to make a will.
Forms of a notarial deed will also be required for a will containing the so-called debt collection. When the testator prefers that a marked person acquires not the entire drop after him, a particular thing or a particular property.
The will also includes specific provisions regarding eg disinheritance of individual heirs (it is possible only from the reasons specified in the Civil Code), substitution of another heir in the event that the first of them did not want or could not be the heir or appointment of the executor.
§
Preliminary agreement
According to the Civil Code definition, a preliminary agreement is a document in which one or both of the interested parties undertake to conclude a specific agreement (the so-called promised contract).
The preliminary agreement does not have to be confirmed by a notarial deed, however, prepared in such a form, it allows for pursuing its claims in court. It also makes it possible to disclose in the land and mortgage register a claim to conclude a promised contract – this information is therefore open to third parties.
The preliminary agreement allows for postponing the final date of signing the target contract – for example, a sales contract that results in the transfer of ownership. The preliminary agreement itself does not result in the transfer of ownership, but creates an obligation to conclude a sales agreement in the future on terms specified previously by the interested parties. The preliminary contract specifies and records such aspects as: subject of the final agreement, price and method of settlement and the date of conclusion of the final agreement.
§
Rejection of inheritance
The heir, within six months from the day on which he learned about the appointment to inheritance, may submit a declaration of accepting or rejecting the inheritance. He submits them in court or notary.
The drop can be accepted directly (without limiting the liability for debts) or with the benefit of the inventory (with limitation of liability for debts to the value of what is included in the inheritance).
In the case of open falls (the moment of opening the inheritance is the moment of the testator’s death) failure to submit any declaration within the required period results in the acceptance of the estate with the benefit of the inventory. In the case of inheritances opened before 18 October 2015, failure to submit any statement in the required period results in a direct decline.
§
Sales agreement
According to the Civil Code definition, a sales contract is understood as a record in which the seller undertakes to transfer the ownership of a particular thing to the buyer and undertakes to give it to him, while the buyer undertakes to collect and pay the seller a certain price.
The sales contract is one of the most common legal transactions. If its subject is a property or a cooperative ownership right to a flat, then a notarial deed is necessary. In the act regarding the sales contract, the subject of the contract is specified, its price and method of payment, as well as the deadline for the possession of the adjudged object. Interested parties are required to submit the required documents and submit relevant declarations. Documents necessary to finalize a specific sales contract may vary depending on the actual and legal situation, the state resulting from the land and mortgage register for a given property, but also depending on the changing legislation.
§
Certificate of inheritance
The Civil Code stipulates that the heir acquires a decrease when the estate is opened. In turn, the moment of opening the inheritance is the moment of death of the testator. In order to determine the acquisition of inheritance after a deceased person, you must obtain a court decision on the acquisition of inheritance or a notarial deed of inheritance certificate. Preparing the certificate of inheritance with a notary allows you to settle a matter of inheritance at a single meeting at the office.
The preparation of the inheritance certificate is preceded by the writing of the inheritance protocol. All persons must participate in these activities, ie all potential heirs of the statute and the will, as well as persons for whom the debt collection was made.
The act of the certificate of inheritance is registered in the Downstream Register and then has the effect of a legally valid order determining the acquisition of inheritance.
§
Donation agreement
The Civil Code defines a donation contract as an obligation of the donor to provide free of charge with his property to the recipient.
Most often, donation contracts are signed between the members of the closest family (parent-child, grandparents-grandchildren). Similarly to the situation of a sales contract, also in the case of a donation concerning a real estate or a cooperative ownership right to a flat, a form of a notarial deed is necessary. It is worth remembering that if the parties to a real estate donation agreement or a co-operative ownership right to the premises are parents and children or grandparents and grandchildren, then this contract is exempt from paying inheritance and donation tax. This is regulated by the entry in art. 4a of the Inheritance and Donation Tax Act.
The records included in the donation agreement transfer ownership of the property to the recipient. At the same time, the right to use or the so-called the easement of the flat, which guarantees him the right to continue to live in the premises which are the subject of the contract of donation.
§
Marital property contract
When a marriage is concluded between spouses, a statutory system of commonality arises. By entering into a matrimonial property contract, the spouses can change the property regime applicable in their marriage, extending or limiting the statutory community, introducing property separation or asset separation with the leveling of the acquis.The matrimonial property contract requires a notarial deed. It can be concluded during the marriage, but also before marriage. If the contract is concluded during the course of the relationship, a shortened marriage certificate is required for the contract. The contract has legal effects since its signing.