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A notary public is a lawyer appointed by the Minister of Justice with simultaneous designation of the seat of his office. The manner of performing activities by a notary public is governed by the law on notaries and special provisions. The notary does the following:

    - prepares notarial deeds,
      - draws up the credentials,
        - delivers statements,
          - writes protocols,
            - draws up protests of bills of exchange and checks,
              - accepts documents, money and securities for storage,
                - prepares extracts, copies and excerpts of documents,
                  - draws up drafts of acts at the request of the parties,
                    - prepares other legal acts provided for in the Act on Notaries, e.g. receives declarations of acceptance or rejection of inheritance.
                      The above catalog is not closed, which means that a notary may perform other activities if permitted by the act on notaries. Certain documents must be drawn up by a notary in order to be valid.

                       

 

A notarial deed is an official document. It is a confirmation of submitting a declaration of will. However, it does not certify that it is true. A notary draws up a notarial deed if required by law or if such is the will of the parties. The form of a notarial deed is provided for, inter alia, for:

    - a power of attorney to perform a legal act for which the form of an act is required notarization,
      - an agreement to transfer ownership of real estate and an agreement to transfer ownership in performance of an existing obligation,
        - contracts for putting the land in perpetual usufruct, for the extension of perpetual usufruct and agreements for the transfer of perpetual usufruct,
          - statements of the property owner on the establishment of a limited property right thereon.
            The notary collects remuneration for the activities performed (known as the notarial fee). The amount of the notary fee is regulated by the Regulation of the Minister of Justice increased by the VAT due. The notarial fee regulates the maximum amount applicable throughout the country for the performance of a specific legal action. The amount of the fee depends on the value of the subject of a given notarial act. The fees are charged as an amount or percentage. In addition to the notary's fee, the notary collects, on behalf of the Polish state, additional taxes and fees:
              tax on civil law transactions,
                inheritance and donation tax,
                  court fees.
                    The collected fees and taxes by the notary are transferred to the bank accounts of the relevant state institutions.

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Notary Public, Notary Office in Poland online .

According to the Polish legal system, the role of notaries is to secure certain spheres of civil law transactions (e.g. sales contracts, protocols required by law, etc.). Acts prepared by notaries are classified in the light of the law as official documents. Although formally, notaries do not provide services like attorneys or legal advisers, but, like courts, they do notarial activities. Moreover, pursuant to the Act, notaries may also perform certain activities in Polish law that are classically reserved for common courts, such as, for example, drafting inheritance certificates (both testamentary and statutory), replacing the court's decision on inheritance acquisition.

 

Notarial deeds belong to the group of official documents. This means that they have the status of evidence - so their content will be generally recognized as reliable and truthful (also in courts and other state authorities). For this reason, the role of a notary public, due to his powers, cannot be omitted, especially when we want to solidly confirm our own rights.

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