CIVIL LAW NOTARIES IN THE NETHERLANDS ANTILLES AND ARUBA
Civil law notaries are university graduated legal experts
In the United States a notary public is a public servant appointed by state government to witness the signing of important documents (acknowledging and verifying signatures) and administer oaths and affirmations. Such a notary is forbidden from preparing legal documents or acting as a legal adviser unless he is also an attorney.
A Netherlands Antilles or Aruban civil law notary (‘notaris’) is a different kind of notary. All civil law notaries are law graduates: they are officials with considerable legal skills and training. A civil law notary may prepare legal documents (deeds, contracts) and he may act as a legal adviser. Also, he may answer legal questions and provide advice about a particular document. He may even act as a mediator.
A civil law notary performs official functions and is exclusively in charge of the execution – and safe keeping – of the originals of deeds of incorporation regarding corporations and foundations, deeds regarding real property transfers, mortgage deeds (creation and canceling), prenuptial contracts, ship registrations, and drawing up and altering last wills. The civil law notary performs these functions entirely independent and is impartial to the interest of the parties involved. In being impartial, a civil law notary distinguishes himself from professionals like attorneys. A civil law notary is both a public official and an entrepreneur, meaning he runs his own business.
The profession of the civil law notary, his appointment and his duties are regulated in the Ordinance on the Notarial Profession. A civil law notary is Crown appointed. Civil law notaries are appointed for life, which for practical purposes means until their resignation, removal under serious circumstances or until they have reached the age of 65.
A civil law notary operates under a strict oath of secrecy and may not refuse his services, unless he is uncertain about a party’s identity, willingness, mental awareness or has cause to suspect fraud. If civil law notaries and attorneys are member of the same law firm, they must be organized in such a manner that there is a strict separation between activities of the civil law notaries and the attorneys representing or counseling individual clients.
A civil law notary is a legal professional with clients who pay for his advice and services. He doesn’t receive his fees from the authorities.
Karel Frielink
Attorney (Lawyer) / Partner
