Disciplinary law for notaries

What we do

A notary is subject to the supervision of a government agency, namely the Financial Supervision Office (BFT). Consequently, a notary is required to exercise their office with the necessary diligence. A client may file a complaint regarding the notary's services with the Disputes Committee for Notaries. The disciplinary complaint is subsequently handled by the Chamber for Notaries.

Our team of lawyers can provide assistance with filing a disciplinary complaint as well as legal support to notaries facing disciplinary proceedings.

Questions regarding disciplinary law? Contact us.

Notarial disciplinary law within the broader disciplinary law

Notarial disciplinary law is a distinct part of the broader Disciplinary Law, with its own statutory framework and a separate disciplinary board. Unlike, for example, lawyers or accountants , the notary is a public official with their own ministerial duty and duty of care. This entails a specific framework for assessment. We therefore approach a disciplinary case against or on behalf of a notary based on specific notarial standards, rather than on a general concept of a complaint.

The disciplinary standard: what is a notary assessed against?

The legal basis for notarial disciplinary law is found in Articles 93 to 109 of the Notarial Profession Act. The core is the disciplinary standard of Article 93 of the Notarial Profession Act: a (candidate) notary is subject to disciplinary proceedings regarding acts or omissions contrary to the law, to the care he ought to exercise as a notary towards those for whom he acts, and regarding acts or omissions unbecoming of a proper notary.

In disciplinary jurisprudence, this open standard is interpreted on the basis of the notary's special duty of care, his independence and impartiality (the duty to advise and the duty to inform), and the requirements imposed on his financial administration and escrow account. We translate a set of facts into these standards, whether it concerns a disputed will, a transfer of ownership, a mortgage deed, or the management of funds in the escrow account.

The disciplinary procedure at the Chamber for Notaries

A complaint is submitted in writing to the Chamber for Notarial Affairs. Anyone with a reasonable interest is entitled to file a complaint; that interest does not need to be financial. In addition to a client, the Chairperson of the Chamber, the Royal Dutch Notarial Association (KNB), the Financial Supervision Office (BFT), or another notary may also file a complaint. A filing fee of 50 euros is payable for the handling of the complaint.

Pursuant to Article 99 of the Notarial Profession Act, a complaint period of three years applies, calculated from the day on which the complainant became aware of the notary's act or omission. After receipt of the complaint, the notary is generally given three weeks to submit a statement of defence. The Chamber may order a further written round (reply and rejoinder) and an oral hearing. We prepare the statement of defence, monitor the deadlines, and assist our client at the hearing.

Measures that the House can impose

If a complaint is declared (partially) well-founded, the Chamber for Notaries may impose a measure pursuant to Article 103 of the Notarial Profession Act. The Act provides for a progressive series: a warning, a reprimand, a fine, denial of the authority to enable an associate notary or candidate notary to perform the duties, suspension from the exercise of the office and, as the most severe measure, removal from office.

The disciplinary judge cannot award compensation. Anyone seeking financial redress in addition to a disciplinary ruling must turn to the civil court (liability proceedings) or, for certain financial disputes, to the Disputes Committee for Notaries. We assess in advance which route offers the best outcome and whether disciplinary and civil proceedings can run concurrently.

Appeal and cassation

An appeal against a decision of the Chamber for Notarial Affairs is open to the Amsterdam Court of Appeal, which has sole jurisdiction in notarial disciplinary cases (Article 107 of the Notarial Profession Act). The notice of appeal must be filed within thirty days. The Court will re-examine the case in its entirety. There is no ordinary appeal to the Supreme Court against the Court's ruling; however, an appeal in the interest of the law before the Supreme Court is possible. We provide strict advice regarding the chances of success of an appeal, ensuring that a notary does not litigate unnecessarily and that a complainant does not miss a deadline.

For whom we work

MKB Juristen works with mixed teams of lawyers and (corporate) legal counsel. We assist both notaries facing disciplinary complaints and clients, companies, and private individuals wishing to file a complaint against a notary. Our clients range from international corporations and their directors to the entrepreneur and the baker on the corner with questions regarding a deed or an inheritance. For every case, we assemble a team that matches the effort involved and the complexity.

Frequently asked questions about disciplinary law for notaries

How much does it cost to file a disciplinary complaint against a notary?

A court fee of 50 euros is payable for proceedings before the Chamber for Notarial Affairs. In addition, any costs for legal assistance will apply. We will make a clear cost agreement in advance.

Within what timeframe must I file a complaint?

Pursuant to Article 99 of the Notarial Profession Act, a complaint period of three years applies, calculated from the moment you became aware of the act or omission of the notary. After that period, the complaint is in principle no longer admissible.

Can the disciplinary judge compensate me for my damages?

No. The Chamber for Notarial Affairs can impose a measure, but cannot award compensation. For financial redress, you must go to the civil court or, in the case of certain financial disputes, to the Notarial Disputes Committee. We advise you on the best course of action.

I am a notary and a complaint has been filed against me. What now?

Respond on time: you generally have three weeks for a statement of defense. We draft the defense together with you, monitor the deadlines, and assist you up to and including any appeal at the Amsterdam Court of Appeal.