The term “Legal Dutch” refers to a type of notary public in the Netherlands who has specialized knowledge and skills regarding documents and acts specific to the requirements of their countries. Notaries have to be appointed for each specific type of legal service and, generally, are subject to the supervision of the Secretary of State. Within the framework of the profession there are designated officers who produce public notations and seal impressions as required by the various jurisdictions. These officials have to possess certain professional qualifications, such as an adequate education and several years of experience in the field.
One of the many functions of the notary public is that of producing legal documents which have to be attested by two witnesses. This is done in compliance with the requirement that only one person witnessing the signature on the deed be present. Another notary function is that of taking sworn oaths or affirmation of the principal, signature or agent. A judicial act may require such a witness to appear before the court to assure the presence of the principal.
In the context of the United States, a notary serves primarily as a verification of the principal’s identity, to avoid fraudulent transactions. In a few jurisdictions, a notary is also required to administer oaths, affirmations or other forms of affirmation as required by law. Within the framework of the notarial profession there are different types of individuals who can be called upon to produce effects in a legal capacity. These are known as attorneys, witnesses, inspectors, collectors and notary agents.
An attorney is a professional who practices law in both state and federal courts throughout the United States and who receives fees for the production of this documentation. In many states, an attorney can act as both a principal and agent. In the context of the Netherlands, these individuals are known as agents ad litem, or representatives of the principal. Attorneys are considered to have special standing as private attorneys in the Netherlands, while most other professions are limited to being state agents. This is due to the fact that most business activities are supervised by the government.
A witness is an individual who can provide information beyond a mere belief in the genuineness of the principal. This includes information that could support a claim or counter-claim by the principal against another party. Witnesses in the context of the notary profession are often required to reveal their identity in the course of their work. While notaries are generally not considered public officials, some may perform additional functions that benefit the public at large. For example, some provide legal services to foreign investors before they commence investing in a foreign country.
Collectors and inspectors are not allowed to carry out private investigations. However, they do perform public records searches as requested by a principal. In the context of the private notary’s business, this individual is also a witness to the transactions between principal and investment firm. Inspectors are responsible for carrying out examinations and detecting fraud and falsification. Private notary collectors and inspectors are also responsible for maintaining databases that track foreign investors and their companies.
Notaries who are employed by the state, such as in Foreign Agents Regulations and the Dutch Notary Public Act, are not allowed to conduct examinations on behalf of foreign investors. This would contravene the act passed in 1999 that established the position of the private notary as an officer of the office of the Secretary of State. The state may employ private notaries who are members of the Trade Association of Dutch Notaries. This association requires the members to adhere to a code of conduct. These codes include a pledge of loyalty to the state.
The private notary public plays a key role in the Dutch legal system as a mediator between foreign investors and the state. He or she ensures that the conditions of the investment are fulfilled and provides guarantees for the legality of transactions with private and foreign investors. Private notaries play an important role in the transfer of land from one foreign investor to another. They make sure that the title to real estate is transferred legally and authorizes the transfer of the property to the new owner.