Notary’s activities

is an umbrella term for various notarial acts, they are in particular:

• sales contract,
• agreements for the establishment of separate ownership of premises, in the case of newly created property,
• swap agreement,
• agreements on division of inheritance, liquidation of co-ownership, division of joint property,
• life-tenancy contracts,
• donation agreement,

The form of a notarial deed is required for contracts obliging to transfer ownership of real estate and contracts transferring ownership of real estate, the most common subjects being:

• undeveloped plots of land,
• property developed with buildings,
• premises constituting separate properties,
• the right of perpetual usufruct of an undeveloped plot of land,
• the right of perpetual usufruct of a plot of land and a building constituting an object of ownership separate from the land,
• co-operative ownership rights to premises,

undertaking within the meaning of the Civil Code (Article 55¹ Civil Code), it is a complex of intangible and tangible assets designed to carry out business activities.

A legal act the object of which is an enterprise in this sense therefore includes everything that is part of it. The definition of an organised part of an enterprise is also placed in the tax laws. An organised part of an enterprise is an organisationally and financially separated set of tangible and intangible components in an existing enterprise, including liabilities intended for the performance of specific economic tasks.

The undertaking must be independent and self-performing at the time of the disposal. The disposal or lease of an enterprise or the establishment of a usufruct on it should be made in writing with notarised signatures. However, when the enterprise includes real estate, its disposal must be in the form of a notarial deed.

The notary certifies:

1. the authenticity of the signature,
2. the conformity of the copy, extract or copy with the document presented.
3. the date of presentation of the document,
4. remaining alive or in a particular place.

The attestation should include the date and place where it was drawn up, if requested also the time of the act, the designation of the office, the signature of the notary and his seal.

Notariusz może dokonywać poświadczeń elektronicznych zgodności odpisu, wyciągu lub kopii z okazanym dokumentem za pomocą bezpiecznego podpisu elektronicznego.

The notary can certify paper documents as well as those in audio, visual or audiovisual form.

The Minister of Justice, by means of the Regulation of 5 September 2016 on the formats in which copies of letters, documents and powers of attorney may be certified electronically, has defined the basic formats in which documents may be certified electronically: 1/ PDF - if the letter, document or power of attorney is in paper form or if, for technical reasons, it is not possible to draw up an attestation having electronic form in XML format; 2/ XML - if the letter, document or power of attorney is in electronic form.

Business activity may be conducted in many legal forms, as a sole trader, but also in the form of companies, i.e. in the form of a civil partnership, commercial law companies - general partnership, partnership, limited partnership, limited joint-stock partnership, limited liability company, simple joint-stock company. Notary Edyta Malinowska prepares contracts of companies, minutes of Shareholders' Meetings, minutes of General Meetings of Shareholders, amends contracts or articles of association, undertakes activities related to the division, merger of companies, liquidation of companies, sale of shares in the company's share capital.

in order for the rights and obligations of a sole trader to be succeeded by a capital company (either a limited liability company or a joint-stock company) which he creates, it is necessary to transform the trader into a company pursuant to Article 584¹ k.s.h. – art. 584¹³ k.s.h. Under this procedure, the transformed company remains subject in particular to permits, concessions and concessions that were granted to the entrepreneur before its transformation.

This procedure is complex and requires a certain sequence, which is why notary Edyta Malinowska, in accordance with the aforementioned regulations, prepares and requires other specialists (auditors, company accountants) to prepare the documents, which are then subject to disclosure in the Register of Entrepreneurs. In accordance with art. 584¹ k.s.h. przedsiębiorca przekształcany staje się spółką przekształconą z chwilą wpisu do rejestru (dzień przekształcenia).

In view of the above, notary Edyta Malinowska draws up the following documents:

• entrepreneurial conversion plan with annexes and auditor's opinion,
• a declaration of entrepreneurial conversion,
• appointment of the members of the organs of the converted company,
• conclusion of the articles of association or the articles of association of the converted company.

Personal easements, land easements and transmission easements are rights in rem in a third party's property, i.e. the holder has certain rights in the property that is not his own. Limited rights in rem are public, which is a guarantee and condition for their protection; the principle of publicity is implemented by an entry in the land and mortgage register in the case of real estate and the warranty of public credibility of land and mortgage registers, i.e. the presumption that the right entered in the land and mortgage register is consistent with the actual legal state and that a right deleted from the register does not exist.

A power of attorney can be general, generic and for a particular legal action. However, there are no powers of attorney for all legal actions, due to the consequences of granting a power of attorney, a power of attorney for all actions would pose a high risk to the principal and the security of trading.

A general power of attorney authorises ordinary management activities, i.e. day-to-day and typical activities.

A generic power of attorney relates to a particular type of legal action and does not have to specify the exact subject of the action. According to the law, a power of attorney specifying the type of activity is needed for activities exceeding the scope of ordinary management, unless the law requires a power of attorney for a particular activity.

A power of attorney for a specific legal action, i.e. a special power of attorney, may relate to a specific action within the scope of ordinary management or exceeding ordinary management. When granting such a power of attorney, the type of legal action and the subject matter should be specified.

A power of attorney is a power of attorney granted by an entrepreneur subject to registration in the Central Register of Business Activity and Information or in the National Court Register, and includes authorisation to engage in judicial and extrajudicial activities related to the conduct of an enterprise. The power of attorney should be granted in writing under pain of nullity.

If a specific form is required for the validity of a legal action, the power of attorney for that action should be granted in the same form, so notary Edyta Malinowska draws up a power of attorney in an appropriate form depending on the required form of the legal action to be performed on behalf of the principal.

A will is a legal act by which one can make a disposition of one's property in the event of death. In this way, it is possible to establish an heir, to make a bequest or a recommendation, to disinherit or even to exclude certain potential heirs from the legal succession without simultaneously naming others as heirs. The validity of a will depends on the death of the person who made the will, which is why a testator may revoke the entire will as well as its individual provisions during his or her lifetime.

W przypadku braku testamentu, następuje dziedziczenie ustawowe i zastosowanie znajdą przepisy kodeksu cywilnego. Niesporządzenie testamentu lub testament nieważny skutkuje dziedziczeniem ustawowym, co niejednokrotnie może być niezgodne z wolą spadkodawcy.

The most important thing when drawing up a will is to have full legal capacity and that only the testator can draw up a will, it is impossible to draw up a will by an attorney. In view of the above, a person who lacks full legal capacity cannot make any will at all, and one made will be invalid.

A will must be drawn up in a specific form, the testator's statement of intent must be drafted in the manner prescribed by law because it takes effect after the testator's death and the testator's statement of intent should be recorded in such a way that its contents can be known by other persons after the testator's death.

The legislator has introduced ordinary wills i special wills. The most common wills are simple wills - either in the form of a handwritten will or a notarial deed. As a notarial will is drawn up by a notary, it is the safest form for the testator and guarantees succession in accordance with the testator's will.

Information on the Notarial Register of Wills can be found at https://rejestry-notarialne.pl/. The NORT Notarial Register of Wills is exploratory in nature, helping to secure the existence of a will, making it easier for an heir to find the document. Entry is voluntary and free of charge.

The register is kept to ensure that the will made is not lost and that the will of the testator is carried out. The Register of Wills does not contain the contents of the will.

It is only possible to search the Register of Wills at a notary's office after the death of the testator by presenting the notary with a copy of the testator's death certificate. This information can be obtained by anyone; however, the disclosure of the content of the will requires the demonstration of a legal interest under the general rules of the law of succession. The notary makes a record of the search for information in the Notary Register of Wills.

The appointment of a successor administrator after the death of the entrepreneur requires the participation of a notary, who undertakes actions leading to the appointment of a successor administrator of the natural person's enterprise. The administrator may act after the entry of the successor administrator in the Central Register of Business Activity and Information. The entry of the administrator is made by a notary public.

Succession administration applies to sole traders. During his or her lifetime, the entrepreneur may appoint a successor administrator on his or her own; after his or her death, this action is taken by a notary public. The appointment of a successor administrator means that the death of the entrepreneur does not paralyse the entire business. The role of the successor administrator is to run the business, the successor administrator acts in his/her own name and on behalf of the owner of the inherited business. Succession administration may last for two years, after which the heirs must decide whether they wish to continue this business on their own account.

Notary Edyta Malinowska draws up:

• protocol for the appointment of a successor administrator,
• a declaration of consent to act as successor administrator,
• the act appointing the successor administrator,
• enters the successor administrator in the Central Register of Business Activity and Information.

These agreements are statutorily regulated in Articles 29 to 34 of the Act of 20 May 2021 on the Protection of the Rights of the Purchaser of a Dwelling or Single-Family House and the Developer's Guarantee Fund.

The object of the reservation contract is the obligation to temporarily exclude from the sale offer a dwelling or a single-family house selected by the reserving party. The agreement is concluded for a specified period of time. It follows from the wording of Article 30(1) of the aforementioned Act that the sufficient form of this agreement is written under pain of nullity. Notary Edyta Malinowska draws up reservation agreements in the form of a notarial deed, if the parties so wish.