Drafting of Contracts and Powers of Attorney
The preparation of draft contracts is already part of the notarization activities of notaries if this serves to prepare a notarial recording or certification.
As part of the other support in the field of preventive administration of justice, our notaries also draw up contracts that do not require notarial recording or certification, i.e. contracts which may be concluded in writing. This includes in particular the following agreements:
- partnership agreements for partnerships under the German Civil Code (Gesellschaften bürgerlichen Rechts – GbR), general partnerships (offene Handelsgesellschaften – oHG) and limited partnerships (Kommanditgesellschaften - KG)
- agreements on the purchase/sale and acquisition/transfer of shares in private partnerships (GbR) and commercial partnerships (oHG, KG)
- trust agreements on the fiduciary holding and administration of shares in commercial partnerships (oHG, KG)
- agreements on the accession of partners to commercial partnerships (oHG, KG)
- agreements on the pledge of commercial partnership interests (oHG, KG)
In addition, we prepare notarial drafts of powers of attorney, which do not mandatorily require the notarial form (notarial recording/certification) or which are to be certified by another notary in Germany or abroad. This includes in particular the following:
- powers of attorney for representation in specific legal transactions (e.g. sale/acquisition of real estate or sale/acquisition of company shares)
- powers of attorney to establish a company
- powers of attorney for representation in shareholders' meetings
- general powers of attorney (usually notarized)
- enduring powers of attorney for health care and/or other affairs of the principal
We are also happy to review draft contracts that have been drawn up by third parties (e.g. external lawyers). Such a review relates in particular to the agreements mentioned above.