All notaries and deputy (civil law) notaries have obtained a degree in notarial law from a Dutch university. However, notaries have been appointed to their office and thus have the power to sign notarial acts and to own their own office. An assigned notary is entitled to sign notarial acts, but he is not an entrepreneur.
A notary-entrepreneur has established his own office for which he bears the managementrisks. He may decide on the fees for his notarial services. Under various conditions a notary is entitled to free establishment.
Deputy (civil law) notary
A deputy (civil law) notary is not necessarily a person training to become a notary. A deputy (civil law) notary may also choose to continue working under a notary and thus retain his existing deputy capacity.
Since 1999, a notary is not only a sworn official but also an entrepreneur. As of 1 January 2013 it is also possible to become a public official without being an entrepreneur: the assigned notary. To become an assigned notary may be an alternative for deputy (civil law) notaries who do not have entrepreneurial ambition. Other than that the assigned notary has the same competences as the notary entrepreneur. An assigned notary:
- has an employment contract with the notary to whom he is assigned and thus he is not an entrepreneur;
- is entitled to sign notarial acts within the protocol of the notary to whom he is assigned;
- acts under the authority of the notary to whom he is assigned;
- is by law the regular replacement of the notary to whom he is assigned.
Unless explicitely indicated otherwise, each time this website refers to 'notary', this includes assigned notaries.