The fact that we work as professionals and provide a high level of quality is a given. We make sure that we fulfil the expectations of all parties. Therefore, we react quickly to your needs, we implement efficient processes and we fit you in for an appointment as soon as we can.
Our range of notarial services is wide. It ensures that we achieve the intended outcome for all parties involved.
It is a matter of great importance to us that you are thoroughly satisfied with our work when it comes to notarial matters.
We can provide notarial services in both German and English.
Areas
Purchase agreements for real estate
We place a special focus on the notarisation of purchase agreements for real estate.
This specialisation extends to flats, detached houses, blocks of flats, parcels of land, real estate investment trusts (REIT) and any kind of real estate portfolios.
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We will take care of the notarisation process for private individuals, local firms or even international corporations, no matter the size.
We cooperate with law firms and lawyers across Germany who have prepared real estate transactions for their clients and are now looking for a notary public who can quickly connect the dots and has a proven ability to handle complex issues.
One means of purchasing a property is called “asset deal” through which you simply purchase it. However, there is another means of purchasing a property through which you purchase the firm that owns the property: “share deal”. In the latter, you take over the firm in its entirety, which includes everything on its balance sheet as well as all contractual relationships.
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Often the choice of a share deal brings with it considerations regarding tax law or the desire of the firm’s management for continuity.
The complex contracts need to be negotiated and drafted by specialised law firms in many instances. We are happy to work together with our colleagues from other firms and can review the draft versions of the contracts they produce. We will check these in terms of procedural law for land registry matters and make suggestions in this regard.
You can rely on our experience and knowledge with share deals.
We refer to the building of a property portfolio when not just one, but a number of real estate properties are included in a transaction for a real estate purchase.
They will contain regulations specific to the contract that ensure a good balance among the parties to the contract and their interest in spite of the high complexity involved in the transaction. Additionally, there are special clauses that should be included to facilitate financing for the purchase or to optimise taxes.
We are well-versed with real estate portfolios when it comes to both purchases and sales. We have established a defined set of processes that help move along the process from the notarisation through to the title change.
Property developers
We serve clients from various sectors, among them are also a variety of small and large property development firms.
With our property development firms, we develop a boilerplate contract for each of their projects that take into account the legitimate interests of the property developer, yet does not neglect the needs of the other parties to the contract.
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We avoid the use of ineffective or invalid clauses, which means that all parties involved in the process can see fast results.
It is extremely important when it comes to developer contracts that communications run smoothly and the entire process is wrapped up quickly. We are more than prepared to help you in this regard.
The subdivision of blocks of flats or other types of real estate held in individual freehold ownership generally does not present a major challenge.
The situation only becomes tricky when a parcel of land has already been developed and it is protected by public law preventing the subdivision of a property and there are plans to build a new building on the same property that is subject to the public law preventing the subdivision.
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In situations such as these, we will contact the competent authorities and land registry offices before an application for subdivision has been submitted in order to streamline these processes. This helps us determine which specific requirements need to be met in order to enable the subdivision of the property.
There is a German saying along the lines of “it’s better to give while you’re still alive”. After all, if you are working on succession planning, there are many reasons to consider gifting assets or real estate to your family and loved ones while you are still alive.
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There are two advantages of lifetime gifting that are actually quite obvious. For one, you can share in the joy and gratitude of the recipient of the gift. For another, there are major tax advantages due to the various tax allowances on gifts as opposed to inheritances.
Many people find it particularly challenging to gift others assets or property or make succession plans. There are too many aspects to keep in mind when taking these decisions.
For this reason, we would look forward to meeting with you and discussing these matters with a notary public.
When is the best time to consider writing a will? Right now! After all, it makes complete sense to consider succession planning and draft a well-though-out will while taking advantage of all options available to you.
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You will secure yourself peace of mind with a properly drafted will while saving your heirs from unnecessary disputes and arguments. It ensures that you are the one who determines how your assets are distributed. You can take into account special circumstances with a will, such as a patchwork family. Your (joint) will can exercise great flexibility or you can create a clear-cut binding character with it, depending on your needs and plans for the future.
You are also generally able to include elements in your will that can optimise the tax relevant aspects for your heirs. We would be happy to work with your tax advisor to draft your will.
It’s finally time! You’re ready to found your company.
We will support you along the way to financial freedom and help draft and notarise limited partnership agreements that meet your expectations and needs.
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Your company will pass through various stages in its ‘lifetime’. There will be times when the amount of the principal will need to be increased, or you may want to add a new partner. Additionally, you might want to change the business structure and establish a corporation to alleviate tax issues.
It makes no difference what your concerns are, you can contact us. We would be happy to accompany your company throughout these different stages and provide notarial services to meet your needs.
Just because a couple decides to sign a prenup agreement does not mean that one spouse is trying to put the other at a disadvantage.
To the contrary, as a well-crafted prenuptial agreement can help avoid conflict situations that can incur substantial costs and take up a lot of time in the event of a divorce, in particular. No one needs to wait years for a court ruling on the exact procedure for the equalisation of the accrued gains after spending many years together in marriage.
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You can look at a prenuptial agreement as a set of rules that guide you and your spouse in the event of a divorce and avoid any disputes or disagreements. In addition to limitations and the exclusion of claims arising from equalisation of the accrued gains, assertion of maintenance and adjustment of pension rights, an agreement on compensation for the other spouse who has less financial means or had postpone their career to act as the caregiver to the family’s children can also be meted out.
Overall, a prenuptial agreement is not an easy task. We can provide you with assistance and counsel so both you and your spouse can enjoy a favourable outcome.
The family limited partnership (Familien-KG as a German Kommanditgesellschaft) is a special form of partnership and a particularly safe way of transferring assets to family members with a long-term outlook.
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In addition to the obvious benefits such as tax optimisation, a family limited partnership offers the best way to transfer assets to children who are not yet of legal age. The parents who founded the partnership are in charge of asset management for them. You can incorporate numerous covenants into the agreements for a family limited partnership in order to provide an additional layer of security and element of control.
We will work closely with your tax advisor throughout the entire process of drafting the agreement for your partnership. And your children will thank you.
When you purchase a company, the documents will need to be notarised by a notary public if they contain specific elements that are governed by the notarisation requirement in the Civil Code. For example, this is the case when transferring real estate or company shares of a GmbH.
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The purchase of a company often means that documents of reference be established. A document of reference is a document with information relevant to content in the purchase agreement, referencing large attachments, appendices or annexes that are essential to the agreement. We normally send the parties to the contract a certified copy of the document of reference one week prior to the appointment with the notary public. It enables all parties involved to review the content of the company purchase agreement before notarisation.
We can appreciate the need for expediency after the typically long negotiation phase to ensure a smooth business acquisition process in these situations. Please feel free to contact us. We are generally able to offer you an appointment with a notary public at relatively short notice.
The restructuring of a group of enterprises can often be handled through a transformation process. There are many options to consider on how to best achieve this, such as a merger, spin-off or change of legal form.
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A transformation can be used to prepare for the sale of individual divisions of a company. Additionally, it can be used for succession planning. This process is often undertaken to incorporate certain tax-optimisation aspects, to avoid unnecessary administrative costs or to streamline corporate structures that become convoluted.
We have expertise in the area of corporate restructuring law and are familiar with the provisions of the Transformation Act. We would be happy to work together with your tax advisor in the process.
And remember, the balance sheet created on 31 December of the previous year can only be used as the basis for the transformation if the transformation is filed with the commercial register by 31 August. However, this does not mean that you need to wait until August to start the transformation procedure. We are at your disposal throughout the year to provide notarial services for your transformation plans.
Lasting powers of attorney and advance (healthcare) directives
We highly recommend setting up a notarised power of attorney and drawing up an advance directive.
These types of deeds do not need to be notarised, as they can also be made in writing and signed at home. However, if you have the document notarised, you are on the safer side and there is a greater degree of accuracy to the document. For this reason, we have seen that these deeds are more readily accepted, compared to a document you compose and sign at home.
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A lasting power of attorney is generally composed of three parts. The first part includes a power of attorney that expresses your wishes in terms of finances. The second part deals with decisions regarding healthcare options and medical treatments. And in the third part you can set up an advance directive, also known as a living will, concerning your health and how you wish to receive medical treatments (or not).
Once you have drafted a power of attorney before a notary public, there is no more need to have a court-ordered caregiver. This aspect also makes a good case for setting up a power of attorney before a notary public.
The notarised document that we can prepare for you is not only valid in cases of illness, but can also be used for other situations of incapacity. The document prevails beyond the death of the person granting the power of attorney/expressing the advance directives, enabling the appointed person to continue to act in their capacity, even when the certificate of inheritance has not yet been issued.
This is why you should not unnecessarily delay action, as you never know when it may become necessary.
We represent other notaries public in the area of indemnity. This is one area where we have chosen a clear side, and we apologise in advance for this.
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We are keenly aware of the wide-ranging and constantly changing legislation regarding indemnity for notaries public. We will provide legal counsel and assistance throughout the different courts and are available for dialogue with the lawyers of the Federal Court of Justice of Germany.
We take on these cases and can, as usual, work together with your indemnity insurance provider. We know the ins and outs of how these insurance providers work.
