A Notary Public Affidavit (Eidesstattliche Versicherung) is a crucial legal instrument in the German legal system, used when formal verification of facts or statements is required. This document is commonly needed for various purposes, including legal proceedings, administrative matters, business transactions, and personal affairs where sworn statements carry significant weight. The affidavit must be executed before a German notary public, who verifies the identity of the affiant and ensures compliance with all legal requirements under the Bundesnotarordnung and Beurkundungsgesetz. The document can be used both domestically and internationally (often with apostille), making it valuable for cross-border matters. It includes detailed personal information, sworn statements, and carries potential criminal penalties for false declarations.
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1. Notarial Introduction: Formal introduction including date, place, and notary's details as required by §9 BeurkG
2. Appearance and Identification: Details of the affiant(s) appearing before the notary, including full legal name, date of birth, address, and identification verification method
3. Legal Capacity Declaration: Notary's confirmation of the affiant's legal capacity to make declarations
4. Purpose of Affidavit: Clear statement of the affidavit's intended use and purpose
5. Factual Declarations: The main substance of the affidavit containing the sworn statements
6. Oath Declaration: Formal declaration that the statements are true and made under oath or affirmation
7. Warnings and Acknowledgments: Standard legal warnings about false statements and acknowledgment of criminal penalties
8. Notarial Certification: Formal closing certification by the notary including signatures and seal
1. Language Confirmation: Required when the affiant is not fluent in German, confirming that the document was translated or explained in a language the affiant understands
2. Power of Attorney: Included when the affiant is representing another party
3. Prior Documents Reference: When the affidavit relates to or references other legal documents
4. Witness Statements: When additional witnesses are present to corroborate the declarations
5. Religious Alternative: Alternative affirmation format for those who object to swearing oaths on religious grounds
1. Identity Documents: Certified copies of identification documents presented to the notary
2. Supporting Documents: Copies of documents referenced in or relevant to the affidavit statements
3. Translations: Certified translations if the affidavit needs to be used in non-German jurisdictions
4. Power of Attorney Documentation: If applicable, documents proving authority to act on behalf of another
5. Expert Certifications: Any relevant expert opinions or certifications supporting the affidavit statements
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