September 23, 2011, 12:02 pm
A notary in Luxembourg is defined as a public officer who provides advice in several matters and also has legal attributions. Activities performed by public notaries in Luxembourg are delegated by the state and require independence, impartiality and high qualifications. There are 36 notaries in Luxembourg, all with the same qualifications. In Luxembourg, public notaries are not allowed to be employed by law firms. Clients pay for the notaries’ services proportional to the transaction value. For instance, at company formation, a public notary in Luxembourg will require a fee based on the company’s capital. The national regulatory body for public notaries in Luxembourg is the Chamber of Notaries of the Grand Duchy of Luxembourg. The profession is also regulated by the Law of 9 December 1976.
A person who wants to become one of the 36 public notaries in Luxembourg is restricted by nationality, since only those candidates from Luxembourg are eligible. Moreover, he must have a licence in law and a certificate that proves his stage. Candidates under 25 years old are not accepted. A public notary in Luxembourg remains in function until the age of 72, unless he is dismissed or retires earlier. Public notaries in Luxembourg are appointed by the Grand Duke and they are distributed across the entire Grand Duchy of Luxembourg. The documents issued by them are however valid in all cantons of Luxembourg.
Public notaries in Luxembourg take care of notarial deeds or authentic deeds concerning transactions, legal operations or declarations that are valid on the entire territory of the Grand Duchy of Luxembourg. At the same time, they offer advice in terms of commercial and civil issues. Public notaries in Luxembourg draw up the memorandum of association for entrepreneurs who want to set up a business in Luxembourg. They also have an important role in the procedures of real estate purchases and transactions. A public notary in Luxembourg is liable for his professional acts, since the documents he authenticates are valid in court too.
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