Impartiality, integrity and accuracy traditionally characterize the profession of a notary public. Transactions that ultimately result in a notarization are serious legal matters with far-reaching consequences and must be handled with great care. The notarial practice has a long tradition at Büsing Müffelmann & Theye.
In the interest of the persons involved, we conduct negotiations, implement targets into agreements and assume the notary completion of the entire legal transaction, especially in procedures related to commercial and company law, as well as in real estate matters. We also analyse contracts or documents coming from third parties. Wherever we do not represent a party against other involved parties, we can offer just about any and every notary service.
Notaries and lawyers at our partnership consult clients in preparing wills. They also act as will executors - which can be useful, especially when companies or company holdings belong to an estate. A further focal point of our work is found in construction law. In connection with knowledge in administrative law and notary expertise, we thoroughly serve to assist constructors and property developers from the beginning of the development planning to the sale of the completed objects.
Notarizations and certifications are regularly established in English, and where necessary, also in French, Portuguese, Spanish, Italian, Russian and Serbian/Croatian. As a law firm anchored across Germany, but featuring international efficiency, this is something we feel should be understood as a given.
The range of duties of notaries covers drafting, notarizing and certifying documents, inter alia in the following fields:
In land and real estate law:
- Contracts within the scope of the purchase and sale of land and properties
- Drawing up developer's contracts and contracts with building contractors
- Establishing apartment ownerships, drawing up declarations of division
- Land register affairs, such as creating easements (rights of way, usufructuary rights and rights of residence)
- Creating land charges, mortgages; assistance in financing arrangements
- Creating ship mortgages
- Endowment and transfer agreements
In commercial and company law:
- Company formations
- Drawing up partnership and shareholders' agreements and MAA (memorandums and articles of association), respectively, for partnerships and corporations (involving partnerships under the German Civil Code (GbR), general partnerships (OHG), limited partnerships (KG), German private companies limited by shares (GmbH), limited partnerships where the general partner is a GmbH (GmbH & Co. KG), German public limited companies (AG))
- Change of corporate form, merger or liquidation of companies
- Appointment and dismissal of senior executives, for example, managing directors of German private companies limited by shares, Board members of German public limited companies, authorised officers holding a general power of attorney
- Agreements on the purchase and transfer of shares
- Providing the services of a notary public and guidance at general meetings
- Applications for registration with the Commercial Register, transcripts
In inheritance and family law:
- Drafting last wills and testaments as well as testamentary contracts
- Obtaining certificates of inheritance and collaborating in distribution of the estate
- Recording waivers of inheritance rights and waivers of rights to a compulsory portion in the inheritance
- Drawing up provisions for corporate succession
- Establishing foundations and trusts
- Drawing up provisions for marriage contracts
In power of attorney and guardianship issues:
- Appointments of guardianship and enduring powers of attorney
- Living wills
- General powers of attorney and authorisations to act