Today 3:32 pm
The number of notaries in Berlin has been falling for years; there are fewer applicants than jobs. The industry criticizes that it is made difficult for the next generation.
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Money printing machine or not – only 41 applications for the last 157 notary positions advertised had been received by the end of November. The judicial administration announced this on request. This is presumably due to a corona-related failure of an examination campaign for the notary exam, according to the justice administration.
Notaries, however, doubt that this is the sole reason, as the number of applications has been lower than the number of advertised positions for years. In addition, the number of notaries in Berlin has been falling for years – while at the same time the number of tasks that notaries have to fulfill has increased, such as paternity acknowledgments, which have to be made free of charge, and all kinds of documentation requirements.
Figures from the judicial administration confirm this. In previous years, the number of applicants was also significantly lower than the number of positions, in 2019 there were 81 applicants for 129 positions, before 44 to 93 and 37 to 79.
At the same time, the real estate market has grown steadily over the past ten years, as has the number of property transfers. In other words, there should actually be a need for notaries. And that is what it does: The justice administration estimates the total job requirement at 838, of which 683 positions are occupied. There are so many notaries in the city right now.
Their number has steadily decreased in the past few years, especially because many of the notaries admitted in the post-reunification years are now reaching the age limit.
The number of notaries is determined by the administration
Notaries are bearers of sovereign power, that is, “entrusted”. Since they have a public function, their number is determined by the administration; it is determined from the need. This in turn is calculated on the basis of the number of deed transactions carried out in the four previous years. Notaries have to retire from this position at the age of 70. You can go on and on as lawyers afterwards, however, since lawyers are a free profession.
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Notaries criticize that it is made difficult for the offspring. The training costs a lot of time and money, the exam has it all – it is also called the third state examination. “Juristerei auf dem Hochseil” calls it a notary, it is incredibly difficult and also costs thousands of euros and a lot of time in which no money is earned in the law firm.
“That is the most expensive thing for many – the time in which you prepare for the exam cannot be used as a lawyer to earn money,” the notaries also say. In addition, the course and the exam also cost around 3000 euros each.
“Law on the tightrope”
Those who have passed the exam can easily wait one to one and a half years for approval to be granted.
A call to the Higher Regional Court, why it takes so long: After the exam, you first have to wait for the job advertisement, and then there is a very thorough check to see whether the person is trustworthy and reliable enough to fill the public office of notary.
The Chamber of Notaries finds this long processing time annoying, but doesn’t say it so loudly.
