Older people in particular often decide not to reapply for a new ID card when their old one expires \u2013 perhaps because they require care or rarely go out in public. However, what is well-intentioned can become a problem: even with an official exemption from the ID requirement, notaries are required to verify the identity of the parties involved beyond any doubt. In such cases, the Saxony Chamber of Notaries warns of unexpected hurdles when certifying wills, powers of attorney, or real estate purchase agreements.<\/p>\n
Anyone attending a notary appointment\u2014whether to certify a real estate purchase, a will, or a power of attorney\u2014should always bring valid identification. This is because it is one of the legal duties of notaries to establish the identity of all parties involved beyond any doubt.<\/p>\n
\u201eIf a party is not personally known to the notary, official photo identification such as an identity card or passport must be presented,\u201c explains Dr. Tobias von Bressensdorf, Managing Director of the Saxony Chamber of Notaries. Foreign passports are also accepted; identity cards are also permitted for citizens of other EU countries. In certain exceptional cases, other forms of identification may also serve as proof.<\/p>\n
A special provision applies in the scope of the Money Laundering Act, e.g., in real estate purchase agreements or in many corporate law transactions. In these cases, the identity card or passport presented must still be valid.<\/p>\n
An often overlooked problem arises in the case of persons who have been exempted from the legal obligation to carry identification\u2014for example, if they are permanently housed in a nursing home or are unable to move around in public on their own due to a disability. Although the competent authority can grant an exemption in such cases, the last ID card is often confiscated. \u201eCaution is advised here. An exemption does not change the fact that identification must always be made on the basis of photo ID,\u201c warns von Bressensdorf.<\/p>\n
Without valid proof of identity, notarial deeds cannot be drawn up with the usual evidentiary effect\u2014which can lead to considerable disadvantages in retrospect. For example, it is extremely difficult to execute a real estate contract at the land registry office if the notary was unable to establish the identity of one of the parties involved beyond doubt. In such cases, notarized wills are also no longer suitable as unrestricted proof of succession; further evidence must regularly be provided. The Saxony Chamber of Notaries therefore advises caution when waiving the obligation to provide identification.<\/p>\n
Anyone who realizes in advance of a notarization that they do not have valid identification should inform the notary's office as early as possible. In many cases, a temporary ID card or alternative proof of identity can be used. \u201eThis avoids unnecessary delays and additional costs,\u201c emphasizes von Bressensdorf.<\/p>","protected":false},"excerpt":{"rendered":"
Older people in particular often decide not to reapply for a new ID card when their current one expires \u2013 perhaps because they require care or rarely go out in public. However, what is well-intentioned can become a problem: even with an official exemption from the ID requirement, notaries are required to verify the identity of the parties involved beyond any doubt.<\/p>","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-2531","post","type-post","status-publish","format-standard","hentry","category-allgemein"],"_links":{"self":[{"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/posts\/2531","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/comments?post=2531"}],"version-history":[{"count":0,"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/posts\/2531\/revisions"}],"wp:attachment":[{"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/media?parent=2531"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/categories?post=2531"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/tags?post=2531"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}