Notaries

As a holder of a public office, the notary does not exercise a commercial but a "sovereign" activity. He is an independent organ of the administration of justice. In this function he does not represent the interests of one party, but has to develop a legally correct, secure and balanced solution in the interest of all parties involved. The legislator has stipulated for certain legal transactions that they must be notarised or the signatures of the parties involved must be certified in order to be valid. These are legal transactions of particular importance to the parties involved, such as:

Transfer of real estate, heritable building rights contracts, declarations of partition, mortgages on real property, marriage contracts, formation of corporations (GmbH, UG, AG etc.), amendments to the articles of association of corporations or assignments of company shares.

The fees for notarial services are fixed by law and are based on the German Law on Court and Notarial Fees (Gerichts- und Notarkostengesetz, GNotKG) for every German notary. No deviation from this is permitted. The amount of the fee is based on the so-called business value.

Examples of calculations can be found on the website of the Federal Chamber of Notaries.

Our focus

As notaries at ALPMANN FRÖHLICH, we provide you with expert and service-oriented support together with our staff. With their independent commitment and professional know-how, our qualified employees ensure that all notarial activities run smoothly. State-of-the-art technology is available to ensure that all work is completed promptly. Some of our notaries also certify in English or Dutch.

You can take advantage of notarial advice and contract drafting by a notary as well as notarisation and certification in various cases. Our legal experts are always happy to assist you. The doubling of the number of notaries at ALPMANN FRÖHLICH in just a few years documents the dynamic growth of our firm, particularly in this area. It is evidence of the steadily increasing demand for high-quality notarial services. This challenges us and we are particularly good at it.

Currently, a total of 11 notaries with 12 employees are at your disposal at our locations.

Notaries in our office

Real estate law

The purchase or sale of real estate has a special significance for the parties involved. In most cases, a considerable amount of money will have to be spent and additional loans will have to be taken out. For the seller, it is often a matter of selling the most important asset.

For such important transactions, the involvement of the notary is mandatory. The notary acts as a neutral administrator of the interests of all parties to the contract. He obtains the documents necessary for the execution of the contract and is responsible for ensuring that the seller does not lose his property without receiving the purchase price and, on the other hand, that the buyer does not pay the purchase price without receiving the property.

In the area of real estate law, our work focuses on the following types of agreements:

  • Purchase agreements (houses, condominiums, commercial real estate),
  • transfer agreements (donations),
  • declarations of partition, condominium ownership,
  • property development contracts,
  • leasehold contracts.
  • Registration of security interests in the land register (for example, land charges, tenant security).

Corporate Law, M&A

For entrepreneurs, it is indispensable to consider numerous legal aspects when founding and managing a company. At the same time, they want to achieve the best for themselves through optimal corporate law structuring. Alpmann Fröhlich's notary's office has a long tradition in corporate law and offers a high degree of specialisation.

This begins with all questions concerning the selection of the optimal legal form when founding a company or a business. Our specialised work also includes advising and supporting all options for restructuring, in particular corporate law support for restructuring for tax optimisation in cooperation with the respective tax advisors. And finally, it also includes the notarisation of and advice on company acquisitions (M & A) as well as other transfers of a company.

Our main areas of activity in corporate law are:

  • Formation of limited liability companies (GmbH) / entrepreneurial companies (UG) / limited partnerships (Kommanditgesellschaft) / public limited companies (Aktiengesellschaft)
  • Amendments to articles of association,
  • Change of shareholders (in particular also company purchase agreements),
  • Commercial register applications,
  • Transformation processes (merger, demerger, change of legal form).

Inheritance law

For many people, the thought of making a will is unpleasant. However, the lack of a will often leads to unintended successions, disputes between heirs and unforeseeable surprises. The freedom to make a will is guaranteed by constitutional law. Everyone can determine for themselves what is to happen to their assets after their death by means of a will or contract of inheritance. The testator is not bound by the legal succession. He or she can also make deviating arrangements by will or contract of inheritance. Here, too, the notary is a competent and reliable advisor. Documents relevant to succession will be registered in the central register of wills of the Federal Chamber of Notaries (ZTR) from 2012. This ensures that after death the deed is not disregarded in probate proceedings. In this way it is ensured that the last will and testament of the testator, as stipulated in a notarial deed, is actually implemented. The main areas of notarial activity are:

  • Wills / contract of inheritance,
  • gifts,
  • inheritance settlements,
  • applications for certificates of inheritance.

Company succession

Successful company succession requires timely and careful advice and planning. The continuity of the company regularly depends on a successful succession plan. This must fit the structure of the owner family, secure the generations involved and be fiscally correct. Advising the entrepreneur on the design of a balanced arrangement is an essential task of the notary and the notaries of ALPMANN FRÖHLICH also have decades of in-depth expertise in this area.

Typical measures are:

  • Entrepreneurial wills,
  • anticipated succession through transfer contracts, sometimes accompanied by inheritance contracts,
  • participation agreements,
  • company sale agreements.

Marriage and family law

For many people, marriage is one of the most important events in their lives. Precise knowledge of the legal consequences but also of the possibilities for structuring the marriage is therefore indispensable. In these matters, the spouses can take advantage of reliable advice and design from the notary, which takes into account the interests of both spouses. Many people do not know that in the legal matrimonial property regime of community of gains, i.e. without the conclusion of a marriage contract, the assets of both spouses are separated. We mainly deal with

  • marriage agreements (community of accrued gains / separation of property),
  • divorce settlement agreements,
  • adoption.

Prevention and care

The occurrence of a sudden or age-related illness or an accident event does not only lead to significant changes in the general personal situation and way of life. Rather, this can also lead to the fact that one can no longer manage one's personal affairs oneself and is dependent on the cooperation of other persons. In order to avoid court-ordered care, a person of trust can be commissioned and authorised to carry out such matters within the framework of a power of attorney for health care and care.

Wishes and ideas about medical treatment should also be laid down in a detailed living will, as long as one can still legally effectively lay down one's own ideas. The notarial advance directives are registered in the central register of advance directives at the Federal Chamber of Notaries in Berlin so that they can be found and observed if necessary. In detail, our notaries are available for:

  • General power of attorney,
  • Lasting power of attorney,
  • care proxy,
  • living will.