Preparation and issuing of documents about legal acts

Preparation and issuing of documents about legal acts

Preparation of public documents (certified notarial records) about legal acts
in accordance with private law regulations, while the notary bears responsibility for correct legal formulation and for the compliance with the law and order. This includes in particular notarial records about any type of contract, last will and testament, and other legal acts (e.g. purchase contracts, donation agreements, exchange contracts (comprising of 2 purchase contracts on transfer of ownership of immovable property), contracts on establishing or cancellation of real burden, agreements on cancellation and settlement of divided co-ownership, settlement agreements regarding property in undivided ownership of spouses, loan agreements, contracts on transfer of business shares).

Especially the following legal acts must be in the form of notarial records in order to be valid:

  • Legal acts by a person who cannot read or write, except if such person can study the contents of a legal act with special devices or aids or through a third party selected by such person, and if such person can attach his or her own signature to the document,
  • Agreement of spouses on extension or narrowing of undivided ownership of spouses as imposed by the law and agreement on reservation of commencement of undivided ownership of spouses as of the day of marriage termination,
  • Last will and testament of a minor testator aged 15,
  • Memorandum of Association or Deed of Incorporation of a joint stock company, simple joint stock company and European joint stock company,
  • Some decisions of a single shareholder performing the authority of a joint stock company general assembly of a joint stock company (decision on a change of Articles of Association, on increase or decrease of share capital, on authorising board of directors to increase the share capital pursuant to section 210 of the Commercial Code, on issuing of priority bonds or interchangeable bonds, on company dissolution or on a change of the legal form, on approval of a draft of merger or fusion of companies, on approval of a project of dividing a joint-stock company),
  • Contract on merger or fusion of limited liability companies and joint-stock companies,
  • Project of dividing a limited liability company and a joint-stock company,
  • Deed of foundation of a non-investment fund, if such non-investment fund is established by a single person.

If a notarial record includes a legal obligation, specifies entitled person and obligated person, legal reason, subject of performance and obligated person´s consent with the enforceability, the expiry of time for voluntary fulfilment of obligation specified in such notarial record shall be the instrument permitting enforcement of distraint.