Notary Public Affidavit Template for Germany
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What is a Notary Public Affidavit?
A Notary Public Affidavit (Eidesstattliche Versicherung) is a crucial legal instrument in the German legal system, used when formal verification of facts or statements is required. This document is commonly needed for various purposes, including legal proceedings, administrative matters, business transactions, and personal affairs where sworn statements carry significant weight. The affidavit must be executed before a German notary public, who verifies the identity of the affiant and ensures compliance with all legal requirements under the Bundesnotarordnung and Beurkundungsgesetz. The document can be used both domestically and internationally (often with apostille), making it valuable for cross-border matters. It includes detailed personal information, sworn statements, and carries potential criminal penalties for false declarations.
About the Notary Public Affidavit
A Notary Public Affidavit in Germany is a formally sworn statement that you make before a certified German notary public to establish the truthfulness of specific facts or declarations. Under German law, this document carries significant legal weight and serves as compelling evidence in various legal and administrative proceedings. The affidavit must comply with strict requirements set forth in the Bundesnotarordnung (Federal Notarial Code) and Beurkundungsgesetz (Notarisation Act) to ensure its validity and enforceability.
When do you need this document?
You will typically need a Notary Public Affidavit when legal proceedings require sworn testimony about facts within your personal knowledge, when administrative authorities demand verified statements for official purposes, or when business transactions require authenticated declarations of specific circumstances. The document is also commonly required for international matters, such as proving facts to foreign authorities, supporting visa applications, or establishing legal status for cross-border business activities. German courts and administrative bodies place considerable weight on notarised affidavits, making them essential tools for establishing credible evidence in formal proceedings.
Key legal considerations
The most critical aspect of a German Notary Public Affidavit is the severe legal consequences of making false statements. Under German criminal law, providing false information in a sworn affidavit constitutes perjury and can result in imprisonment for up to three years. You must ensure that all statements in the affidavit are completely accurate and based on your direct personal knowledge. The notary will verify your identity using official identification documents and confirm your legal capacity to make sworn declarations. Additionally, the affidavit must clearly state its intended purpose and include specific language acknowledging the criminal penalties for false statements under German law.
Legal requirements in Germany
German law requires that your Notary Public Affidavit include several mandatory elements to ensure validity. The document must contain the notary's official introduction with date, place, and notarial details as specified in §9 Beurkundungsgesetz. Your full legal identification must be recorded, including complete name, date of birth, current address, and the method used to verify your identity. The notary must explicitly confirm your legal capacity to make declarations and include a clear statement of the affidavit's purpose. All factual statements must be presented in clear, unambiguous language, and the document must conclude with the prescribed oath formula and acknowledgment of criminal penalties for false declarations. The notary will then authenticate the document with their official seal and signature, creating a public document with enhanced evidential value under §§415-418 of the German Code of Civil Procedure.
GOVERNING LAW
Applicable law
This Notary Public Affidavit is drafted to comply with Germany law. Key legislation includes:
Beurkundungsgesetz (BeurkG): Notarisation Act - Specifies the formal requirements and procedures for creating notarial documents and authenticating signatures
Bürgerliches Gesetzbuch (BGB) §§ 128-129: German Civil Code sections on formal requirements for legal declarations and notarial authentication
Zivilprozessordnung (ZPO) §§ 415-418: Code of Civil Procedure sections regarding the evidential value of public documents and notarial deeds
Dienstordnung für Notarinnen und Notare (DONot): Professional Rules for Notaries - Detailed regulations on how notaries should perform their official duties
Gesetz zur Verhütung von Missbräuchen auf dem Gebiet der Rechtsberatung: Legal Advice Act - Regulates who can provide legal advice and in what capacity, including notaries' scope of service
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