Notary in the scope of his/her authority acts as a person of public trust and as such is afforded the protection to which public officials are entitled. Notarial acts performed by a notary in accordance with the provisions of law, constitute an official instrument.

It is a role of a notary to prevent court litigation by ensuring the predictability and safety of trading, as in the course of his/her notary’s activities, notary is obligated to ensure the proper securing of rights and just interests of the parties as well as other persons with respect to whom the action may give rise to legal consequences.

Notarial acts are performed in the Polish language. At the request of a party the notary may perform such act additionally in a foreign language, using his/her own knowledge of a foreign language in the manner as prescribed for sworn translators or using the assistance of a sworn translator.

Acts performed by the notary constitute an official instrument.

Types of notarial acts

In accordance with art. 79 of the act of 14 February 1991 – Law on notaries, the notary shall perform the following acts:

1) draws up notarial deeds;
2) draws up deed of succession certifications;
3) draws up attestations (including certifications of signature and date);
4) serves declarations;
5) records protocols;
6) draws up protests of promissory notes and cheques;
7) accepts deposits of cash, securities, documents, data on IT data carries, referred to in the regulations on digitalization of the entities performing public functions;
8) draws up copies, official copies of and excerpts from documents;
9) at the request of parties, draws up draft deeds, declarations and other documents;
10) draws up other deeds as prescribed by separate regulations.

Secrecy of notarial acts

Notary is obligated to keep secret the circumstances of the case of which he became aware as a result of notary’s acts performed by him and this obligation shall survive even after the notary has been recalled.

Secrecy obligation shall cease to exist if the notary gives his testimony as a witness before court unless revealing of the secret threatens the interest of the state or a material private interest. In such cases Minister of Justice may release the notary from his obligation to observe secrecy.

Preparation prior to the appointment at the notary’s office

Documents and information

Documents required for the performance of a notarial act along with the details of parties and basic information concerning the act as such, should be provided to the Office prior to date of the notarial act as agreed with the notary. Provision of such documents and details shall enable the preparation of the act (preparation of the draft notarial deed, draft deed of succession certification, etc) and shall considerably speed up the notary’s act at the Office.

Confirmation of identity

In the course of performance of a notary’s act, the Notary is obligated to confirm the identity of persons participating in the act, on the basis of legal documents, i.e.: ID card, passport or residence permit. Prior to the appointment you should make sure that said documents have not expired, and information contained in them is correct and up to date (for example, place of residence, surname, all given names of a person are specified). In the case where the party to the act is an entity other than a natural person (ex. a company), it shall also be necessary to confirm the identity of such an entity, on the basis of legally prescribed documents, ex.: an official copy of an entry in the National Court Register.

Prior to the performance of the act, the Notary should be provided with the following details concerning the parties:

1) Natural persons

  • Given names (all given names borne by the person),
  • Surnames (both surnames in the case where the surname is composed of two parts),
  • Given names of parents,
  • Type, series and numbers of identification documents and their expiry dates,
  • PESEL,
  • NIP (in the case of natural persons conducting business activity),
  • Marital status,
  • Place of residence,

2) Entities other than natural persons,
details of a personor persons acting on their behalf, i.e.:

  • Given names (all given names borne by the person),
  • Surnames (both surnames in the case where the surname is composed of two parts),
  • Given names of parents,
  • Type, series and numbers of identification documents and their expiry dates,
  • PESEL,
  • Marital status (does not apply to representation of legal persons),
  • place of residence,
  • specification of the capacity in which a given person is acting (ex. attorney, member of the management board) and details of the entity which is a party to the act, i.e.:
  • full name/business name,
  • registry number,
  • REGON,
  • NIP,
  • Address of the registered office,
  • Company’s Articles of Association (current consolidated text of the Articles of Association)
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