Dutch Legislation

Title III

in force

The exercise of the office of civil-law notary

Notaries Act (Wna) (Wet op het notarisambt) · Articles: 21

Section None

The exercise of the office of civil-law notary

16 Article 16

The performance of legal services and services that the civil-law notary (notaris) customarily performs in connection therewith, is based on an…

16a Article 16a

Articles 2:1, paragraphs 2 and 3, and 2:2, as well as Chapters 3, 4, and 9 of the General Administrative Law Act (Algemene wet bestuursrecht) do not…

17 Article 17

The civil-law notary shall exercise his office in independence and shall represent the interests of all parties involved in the legal act in an…

18 Article 18

A civil-law notary may enter into a partnership with practitioners of another profession, provided that his independence or impartiality is not, or…

19 Article 19

A civil-law notary may not execute a deed in which he himself, his spouse, or a blood relative or relative by affinity up to and including the third…

20 Article 20

The civil-law notary may not execute a deed that contains a benefit for one or more of the persons referred to in Article 19, paragraph 1; the…

20a Article 20a

Notarial deeds containing testamentary dispositions shall not contain any other legal acts.

21 Article 21

The civil-law notary is obliged to perform the duties assigned to him by or pursuant to the law or requested by a party, subject to the provisions of…

22 Article 22

The civil-law notary is, insofar as not otherwise provided by law, obliged to maintain confidentiality with regard to all matters of which he…

23 Article 23

The civil-law notary is prohibited, directly or indirectly, from performing or omitting acts of which he must reasonably expect that they may lead to…

24 Article 24

The civil-law notary is obliged to keep records of his office assets and of all matters concerning his professional activities, including the…

25 Article 25

The civil-law notary is obliged to maintain one or more special accounts in his name with a financial undertaking that is permitted to carry on the…

25a Article 25a

By regulation of Our Minister, civil-law notaries may be imposed with the obligation to submit a notification to the Bureau if events occur, to be…

25b Article 25b

If the continuity of a civil-law notary’s practice is threatened due to the manner of business operations, the chair of the Chamber for the Notarial…

26 Article 26

A civil-law notary shall be suspended from the exercise of his office by the chair of the Chamber for the Notarial Profession if he:

27 Article 27

A civil-law notary who, due to his physical or mental condition, is unable to properly perform his duties may, after being heard or duly summoned, be…

28 Article 28

Provision is made for the performance of the duties of the office of civil-law notary:

29 Article 29

A civil-law notary (notaris) or an assistant civil-law notary (toegevoegd notaris) may be appointed as a substitute (waarnemer). A junior civil-law…

29a Article 29a

The civil-law notary practice shall be continued for the account and risk of the replaced civil-law notary:

30 Article 30

The junior civil-law notary (kandidaat-notaris) who has been appointed as a substitute shall, if this has not already taken place, take the oath…

30a Article 30a

A former civil-law notary (notaris) shall, if he so wishes, acquire the status of candidate civil-law notary (kandidaat-notaris) for a period of one…