A selection of specialisations
Electronic transactions Dutch notaries are taking an increasing interest in information technology (IT) and a special association was set up to cater to this need in the spring of 1999. The association offers KNB members the opportunity to specialise in notarial IT services, develop new products and explore new markets. It provides two kinds of service: namely trusted third party services (e.g. arranging the kind of legalisation necessary for electronic legal transactions) and depositing source codes for software programs (escrow).
Mediation Legal conflicts often arise between individuals, within families (for instance regarding the distribution of an estate or access to children after a divorce) or between business partners, who must continue doing business together even if tensions have escalated to the point where this has virtually become impossible. Some notaries have been specially trained to conduct mediation processes. If mediation is successful, the parties sign a legally binding document recording their agreements. As this requires both impartiality and the ability to head off legal disputes, mediation is a service ideally suited for notaries.
Estate planning The purpose of estate planning, which is a subject that originated in the United States, is to provide legal and tax assistance with the transmission and preservation of assets and to ensure that assets such as family estates are not broken up. To achieve this an estate should be transferred as advantageously as possible. This can be accomplished by minimising the future estate and thus restricting the total amount of inheritance tax. When doing so, the parties can encounter problems relating to gifts, the law of succession, matrimonial property law and tax law. These are all fields in which a notary has expertise as an all-round legal adviser. A notary’s ability to combine legal and tax advice can make an invaluable contribution.
Agricultural businesses The Netherlands has traditionally had many agricultural businesses. Nowadays these businesses are increasingly confronted by complex legislation, including of course environmental legislation. By extension, however, there are many other rules specifically governing the actions of these businesses. In carrying on their businesses farmers are well advised to obtain the assistance of a specialist. In the Netherlands there are sufficient notaries who have specialised in this subject. A specialised notary of this kind can, for example, assist in the transfer of agricultural land, which often involves the transfer of milk and fertiliser quotas. |