Notariaat

Notariaat refers to the notary profession and the system surrounding notaries in civil-law countries, notably the Netherlands and Flanders (Belgium). Notaries are licensed legal professionals who draft, authenticate and preserve notarial deeds (notariële akten) and provide tailored legal advice. The notarial act has a public character and, as a formal record, bears probative value and often is required for the validity or enforcement of certain transactions.

Core functions include drafting and authenticating deeds related to real estate transfers and mortgages, wills and succession planning, prenuptial agreements, corporate acts (founding of companies, mergers, share transfers), and other formal contracts; they also advise clients on legal consequences, ensure compliance with formalities, check for conflicts of interest, and maintain registers and archives.

Notaries operate as independent, impartial professionals. They must respect client confidentiality and act in the public interest, not as representatives of a single party. They typically receive extensive training after completing law studies, including a qualifying period and examinations, and are regulated by national professional bodies and public authorities.

The notariaat is adapting to digital practice, including electronic signatures and online notarial records, while preserving the formal authenticity and validity of acts. In comparative terms, the civil-law notary differs from common-law notaries and other adjudicative officials; his authority derives from public faith rather than private agreement.