Notary in Warsaw / Poland

Notary services in Poland

According to local regulations and decrees, a notary in Poland is authorized to draft and execute acts for which the notarial form is required by law, or acts for which the parties wish to give the additional protection afforded by the form of a notarial deed. Polish notary exerts a certain influence on the legal actions of the parties so that no legal dispute will arise from them in the future, so it can be said that he exercises jurisdictional prevention and attempts to avoids unnecessary conflicts.

Notary / Typical Services

What services do notaries provide in Poland?

Polish notaries provide services not only to business entities but also to  individuals. Notarial services include:

• drawing up notarial deeds, certificates, protests of bills of exchange and checks,
• drawing up minutes,
• accepting for safekeeping documents, money, securities,
• preparing excerpts, copies, and extracts of documents,
• receiving declarations of acceptance or rejection of inheritance.

The above catalog is not complete, which means that the Polish notary can perform other activities if the law allows him.

It should be remembered that a notarial deed has the character of an official / public document. It is a certification of the submission of a declaration of intent. However, it does not certify that it is truthful.

What actions require the form of a notarial deed?

As a rule, a notary public draws up a notarial deed if required by Polish law or if that is the will of the parties. However, certain documents must be drawn up by a notary for their validity.

The form of notarial deed provided for business and private matters applies to, for example:

• power of attorney to perform a legal act for which the form of a notarial deed is required,
• limited partnership agreement,
• articles of association of a limited joint-stock partnership,
• declarations of the new general partner, as well as the designation of the value of its contributions and approval of the wording of the articles of association,
• contract or articles of incorporation of a limited liability company,
• legal action between a partner who is entitled independently or together with the company to all shares of the company and the company represented by him,
• declaration of an existing shareholder to take up a new share or shares, or to take up an increase in the value of an existing share or shares,
• articles of association of a joint stock company,
• consent to the incorporation of a joint stock company and the wording of the articles of association, and to the acquisition of shares by the sole founder or founders or jointly with third parties,
• legal action between a shareholder who is entitled to all the shares of the company alone or together with the company and the company represented by him,
• in a sole proprietorship – a plan for conversion of the company into another commercial company,
• articles of association of an investment fund,
• declaration of intent to establish a foundation,
• agreement on the establishment of a tax capital group,
• debtor’s declaration of submission to execution,
• agreements on real estate or limited rights in rem,
• agreements on inheritances, including: agreements on waiver of inheritance, agreements on disposal of inheritance, agreements on division of inheritance including real estate,
• marital property contract.

How to prepare for a visit to a notary in Poland?

The documents necessary for the notarial services, together with the data of the parties and basic information about the activity itself, should be delivered to the notary before the date agreed with the notary to perform the notarial deed. Providing such documents and data will enable the preparation of the notarial services (drafting of the notarial deed) and will significantly speed up the performance of the notarial deed in the office.

In the course of performing notarial services, the notary is required to confirm the identity of the parties participating in the activity, based on official documents, i.e. identity card, passport or residence card. Before the visit, make sure that these documents are not expired and that the information contained in them is correct and up-to-date. If a party to the notarial services is an entity other than an individual (e.g., a company), it is also necessary to confirm the identity of such an entity, based on the documents required by law.

What is the cost of notarial services?

A notary charges a fee – called notary fee – for notarial activities. The amount of the notary’s fee is regulated by the Ordinance of the Minister of Justice plus the applicable VAT. Notary fee regulates the maximum amount payable nationwide for the performance of a specific legal action. The amount of the fee depends on the value of the subject of the notarial action in question. Fees are calculated by amount or percentage.

In addition to the notary’s fee, the notary charges, additional taxes and fees: civil law transaction tax, inheritance and donation tax, court fee.

Does the notary provide services in foreign languages?

In Poland, every notarial activity must be performed in Polish, and fees must be paid in PLN. If you do not know Polish well, you can be a party to a notarial deed drawn up in Polish if a sworn translator present during the deed officially translates it into a foreign language before signing it.

Can a notary refuse to perform a notarial deed?

According to Polish law, a notary will refuse to perform an action if:

• the activity is contrary to the law,
• the principle of exclusion of the notary from performing the notarial action is applicable,
• there is doubt whether the party to the notarial deed has legal capacity.

In other situations, if the notary refuses to perform the activity, he is liable civilly and disciplinary.

Do I have to appear in person at the notary?

The notary performs his actions in the notary’s office, but if special circumstances require it (such as the bad health of the party who wants to perform the action, or when the notary is taking minutes of a general meeting of shareholders), then the notary is authorized to perform the action in another place.

What you may find useful, in actions before a notary, you can be represented by an attorney who will present the notary with a previously drafted power of attorney. This will allow you to avoid your presence during the drafting of the notarial deed.

All information regarding the issues described above will be explained by our lawyers who will help you with the preparation of the documents necessary for the notarial deed, as well as assist you during its drafting or represent you during the notarial actions.