First of all we deal with preparation of notarial deeds. We operate on the basis of the Act of February 14, 1991. Law on notaries. A notarial deed is a document that is drawn up in each case when the preservation of a specific form of declaration of will is required by law or such form of the document is consistent with the will of the party, e.g. in the case of a notarial will. If a specific form is required e.g. selling a property require drawing up a notarial deed, then the legal act performed without the prescribed form is invalid. A notarial deed should be drawn up by a notary in an understandable and transparent manner. When performing notarial activities, the notary is obliged to ensure that the rights and legitimate interests of the parties and other people for whom this activity may have legal effects are properly secured. The notary is obliged to provide the parties with the necessary explanations regarding the performed notarial activity.
A notarial deed, as an official document, should in particular contain:
- the exact date of drawing up the act, which may be additionally supplemented by the hour and minute of starting and signing the act,
- place where the act was drawn up,
- name, surname and seat of the notary's office or the name and surname of the person who drew up the deed replacing a notary or under his authorization to perform this activity,
- names and surnames and place of residence of parts who participate in the notarial deed, as well as the names of parents,
- the name and seat of legal entity or other entities that participate in the notarial deed, as well as the names and surnames and place of residence of representatives and attorneys of these entities,
- the content of the parties' declaration of will, as well as the reference to the documents attached to the deed,
- at the request of the parties, it may include a reference to the circumstances that arose when writing the act,
- information on reading, adopting and signing the act,
- signatures of the parties who participated in the act,
- signature of the notary who prepared the notarial deed.
Additional information obligations when drawing up a notarial deed regarding citizenship apply to foreigners. If a person who cannot or cannot write is involved in the act, the notary states that the person has not signed the act and states for what reasons. Each sheet of a multi-page notarial deed should be numbered, linked and initialed by each party that participated in the deed and by a notary. After signing the notarial deed, the parties are issued with copies of the deed, which have the legal force of the original, and the notarial deed itself is kept in the office for another 10 years, and then it is transferred to the court archives.
The most common contracts concluded in the form of a notarial deed are:
- sales contract,
- preliminary agreement,
- conditional agreement,
- donation agreement,
- exchange contract,
- division of inheritance,
- division of joint property,
- abolition of joint ownership
- marital property contract,
- establishment of an easement or a mortgage,
- partnership contract.