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Founding a company is an exciting step, but one that involves a multitude of legal requirements and formalities. One important figure who plays a crucial role in this process is the notary. In this article, we take a closer look at the role of the notary when setting up a company and why their expertise is crucial.
Notaries: Guardians of legal certainty
Notaries are qualified lawyers who are authorised to draw up and certify public deeds. Their main task is to ensure legal certainty in various transactions, including the formation of companies. Here are some of the most important tasks that notaries perform in the context of company formation:
1. Notarisation of articles of association and statutes: The notary is responsible for notarising the company's memorandum or articles of association. This means ensuring that the document complies with legal requirements and is duly signed by all parties involved.
2. Verification of the identity of the founders: Notaries verify the identity of the founders and ensure that they are authorised to establish the company. This is important to prevent fraud and identity theft.
3. Documentation and storage: After the founding documents have been notarised, notaries keep them in their safekeeping. This ensures that the documents are safe and easily accessible when they are needed.
4. Advice and legal expertise: Notaries often provide legal advice and expertise in connection with company formation. They can inform founders about what legal steps are required and how they can fulfil the legal requirements.
5. Registration in the commercial register: In many countries, notaries are authorised to register the company formation in the commercial register. This is an important step in officially registering the company and making it authorised to do business.
Why is the role of the notary important?
The role of the notary is crucial to ensure legal certainty and the integrity of the incorporation process. Through their expertise and experience, notaries help to avoid mistakes and legal problems that could later cause expensive and time-consuming legal disputes. Their notarisation and safekeeping of documents also ensure that important documentation is available and protected at all times.
Working with a qualified notary is therefore an important step when setting up a business and an investment in the legal security and success of the new company. Founders should contact a notary at an early stage to ensure that all legal requirements are met and the path to successful entrepreneurship is paved.