Real Estate Law
In the area of real estate law we can primarily assist you with the following projects:
- Property purchase agreements regarding plots, buildings and apartments
- Surrender agreements (e.g. transfers of property within the family)
- Declarations of apportionment of land (e.g. to divide a building into condominium property)
- Granting of land charges and mortgages
- Granting of other real estate encumbrances (such as easements, rights of first refusal, land rents)
In each case, our notarial services comprise the preparation of drafts for contracts or unilateral declarations, as well as their respective notarization and their execution and filing with the land register. We act in close cooperation and direct exchange with any real estate brokers, attorneys and tax advisors involved.
Regardless of whether private or commercial real estate matters are concerned, you can always rely on us to advise and assist all parties to a transaction in an impartial way, as is mandated by the statutory rules governing our profession. Above all, in structuring and implementing a transaction we attach great importance to adequately protecting all contracting parties from one-sided unsecured dispositions and to explaining in great detail the functions of the provisions of a contract and of its performance.
We have long-standing practical experience in the field of commercial real estate transactions in particular. Prior to entering the notarial profession, both Dr Kleinstück and Dr Reski worked as attorneys in a major international law firm. In this capacity, we structured and advised on transactions of all shapes and sizes, especially in an international context. Both notaries have broad-ranging experience in the field of sales and purchases of major real estate portfolios, by way of either share or asset deals. The structure of our office and its facilities enables us to prepare, notarize and implement commercial real estate transactions, including for international and institutional investor clients, in a timely fashion.
In the field of corporate law we can primarily assist you with the following projects:
- Formation of limited liability and stock companies
- Transfer of shares
- M&A transactions
- Corporate restructurings/transformations (mergers, spin-offs/hive-downs, changes of legal form)
- Enterprise agreements (subordination and/or profit and loss transfer agreements)
- Commercial register filings
- Revisions of articles of association of limited liability and stock companies
- Minutes of general meetings of stockholders
- Pledges of shares
- General corporate housekeeping
Corporate law is one of the main fields of our notarial practice, and therefore we can draw on very broad-ranging experience and in-depth knowledge in this area. Whether it be the drafting and notarizing of formations of companies, or the preparation, notarization and execution of M&A contracts or corporate restructurings – we will make sure to support and counsel you expertly. Both notaries have been active in this field for many years, both in the role of an attorney during their days in a major international law firm, and as notaries ever since they entered their current profession, and are able to view the relevant issues from these different perspectives.
Do you want to draw up your last will and testament or conclude an inheritance contract? You are in good hands. We are at your disposal for an in-depth preliminary discussion in order to assess your objectives, from where we will proceed to the preparation of a first draft and, after further consultation with you, eventually to notarization.
Of course, it is also possible to make a will by private instrument. Should you decide to have your last will and testament notarized by us, however, you can be sure that you will receive thorough advice on the available legal options beforehand and that your objectives will be translated into legal terms in a clear and unequivocal manner. Furthermore, a notarized testamentary disposition will in most cases be sufficient evidence to show succession by way of inheritance to the land or commercial register, thus avoiding the necessity of a certificate of inheritance being applied for from the probate court.
It goes without saying that you can also rely on us for the notarization of applications for a certificate of inheritance or an executorship certificate, as well as of a contract for the distribution of an inheritance.
In the field of family law we can in particularly assist you with the drafting and notarizing of prenuptial agreements and divorce consequences settlements. Needless to say, you can expect a thorough consultation prior to signing and a draft that accurately translates your personal and economic objectives into precise and unambiguous legal terms.
General and Preventive Powers of Attorney / Patient’s Decrees
We can also assist you with regard to the granting of general powers of attorney, powers of attorney for health and welfare, and patient’s decrees.
Foreign Language Notarizations and Certifications
Notarial deeds and certifications (be it certifications of signatures under documents or simple certified true copies of original documents) are normally requested in the German language, especially where documents are destined for execution with the German land or commercial register. However, if required, both notaries are also qualified to draw up documents, provide advice on them and eventually proceed to notarization in the English language (or draw up a bilingual version). We can conduct the correspondence in connection with the execution of documents in English, as well. Furthermore, both notaries are also able to notarize documents in French on the basis of drafts provided by francophone counsel or notaries. In addition, Dr Kleinstück can also process such documents, particularly powers of attorney, in Spanish, Italian and Portuguese. We can also handle certifications of signatures (or of true copies) and certificates of proper representation in all of these languages. Notarization of a deed in a foreign language requires, however, that the clients signing the deed also have a sufficient understanding of the relevant language. Otherwise, it will be necessary to establish a German (or other) translation beforehand or seek the assistance of a sworn translator. Where translations cannot be provided in-house, we can act as an intermediary to secure such services. For simple certifications of signatures under foreign language texts, a translation can be waived by the signatory.
Of course, we can also apply for any requisite apostilles or legalizations of notarized deeds or certified documents which are destined to be submitted in transactions conducted abroad.
How to contact us