Notary within the Dutch Kingdom (Sint Maarten) Country SXM
Notaries occupy a special place in the world of legal professionals in the Dutch Kingdom. In company with attorneys-at-law (advocaten), bailiffs (deurwaarders) and tax advisors (belastingconsulenten). This is first and foremost the of the appointment of a notary and performs his duties. Like an attorney, a notary is a legal professional with clients who pay for his advice and services. The appointment a judge, a notary is done by the Crown for life (in other words until the age of retirement at 65). The continuity of the appointment is designed to safeguard the independence, which a notary needs to perform his duties.
Independence and impartiality
The second important feature: a notary’s independence and more importantly, his impartiality.
Unlike an attorney-at-law or other legal advisor, a notary does not act for one party.
The Dutch legal system instead, requires of him to measure and balance the interests of all parties to a legal transaction. A notary is, as it were, above the parties.
For example, when conveying immovable goods, a notary acts for both the seller and the buyer. He has a duty of secrecy in relation to his clients. He has the right to withhold information in court, the same way as an attorney-at-law or a doctor. However a notary needs to make very clear to all concern, he is acting as legal advisor to a party to a transaction.
Here too, however, the notary should not neglect the interests of third parties.
All notaries are law graduates.
Not only are they experts in family law, succession law, corporate law and property law.
They must stay abreast of certain aspects of tax legislation and case law as far as they relate to these fields. If necessary, a Dutch notary may regulate the activities of other legal professionals.
Yet, a notary does not represent clients in court.
Apart from providing legal advice, a notary also records agreements.
Either because the law requires it or at the parties’ request. A notary formal document, known as a notarial instrument, establishes proof that the date and the parties’ signature are correct. A notary is required to hold the original instrument and to issue the parties with certified copies.
An endorsed copy, known as the execution copy, provides evidence of title in the same way as a court judgment.
The holder of a notarial instrument need not conduct legal proceedings to prove the legitimacy of an instrument.
A deed drawn by an English solicitor is not treated as a reliable document and cannot be execute as such in the Dutch Kingdom.