Other Notarial Acts or Other Notarial Services

The Notary Office of Magdalena Pacuła-Ziemińska in Mokotów, Warsaw, offers a wide range of notarial services. Do you need a notarized power of attorney, want to establish a mortgage, or perhaps you are interested in a loan for use agreement or a notarial deposit? In this article, you will find concise descriptions of selected notarial acts that you can carry out at our office.

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In addition to typical notarial services, such as drawing up notarial deeds for real estate sale agreements, providing legal services to companies, or handling inheritance matters, the Notary Office of Magdalena Pacuła-Ziemińska in Warsaw’s Mokotów district provides a range of other notarial acts that facilitate everyday life and ensure legal security. Below we present selected ones, along with a brief description.

We provide a fully individualized approach to each case. We treat each client individually, taking into account the specifics of their activity and needs.

depozyt notarialny - notariusz Warszawa Mokotów

Notarized Power of Attorney

A power of attorney is a unilateral legal act by which the principal authorizes the attorney-in-fact to act on their behalf. A notarized power of attorney is drawn up in the form of a notarial deed. This form is required in the case of a power of attorney to perform a legal act for which a notarial deed is required (e.g., sale or donation of an apartment). A notary public also certifies signatures on powers of attorney. Granting a notarized power of attorney provides certainty that the authorized person will be able to effectively represent the principal. At the Notary Office of Magdalena Pacuła-Ziemińska, we will help you precisely define the scope of the power of attorney in order to, on the one hand, provide the attorney-in-fact with freedom of action and, on the other hand, protect your interests.

Submission to Enforcement

Voluntary submission to enforcement (under Article 777 of the Code of Civil Procedure) in a notarial deed is an effective way to secure monetary or non-monetary claims, e.g., arising from a sale, occasional lease, or contractual penalty. In practice, this means that if the obligation is not fulfilled, the creditor can immediately refer the case to a bailiff without the need for lengthy court proceedings for payment or to vacate the premises. A notary at our office will explain in detail the principles of this mechanism and assist you in drawing up a notarial deed containing a declaration of submission to enforcement.

Mortgage

A mortgage is a limited property right that serves to secure a claim against real estate. The creditor for whose benefit the mortgage is established may seek satisfaction of their claim from the real estate, regardless of whose ownership it has become, and with priority over the personal creditors of the owner of the real estate.

In order to establish a mortgage, it is necessary for the owner of the encumbered real estate to make a declaration of intent in the form of a notarial deed and for the mortgage to be entered in the land and mortgage register. The Notary Office of Magdalena Pacuła-Ziemińska offers comprehensive assistance in establishing mortgages, ensuring the correct wording of the declaration and the completion of all formalities.

Loan for Use (Commodatum)

A loan for use is the gratuitous transfer of a thing for use. A loan for use agreement for real estate does not require the form of a notarial deed, but concluding it at a notary public’s office may help to avoid potential disputes in the future and any evidentiary doubts. In such an agreement, the notary precisely defines the object of the loan, the rights and obligations of the parties, and the conditions for returning the thing. Although not legally required, drawing up a loan for use agreement in the form of a notarial deed provides additional security and facilitates the enforcement of claims in the event of a dispute.

Free-of-Charge Use Agreement for Parking Permit in Warsaw

A specific case in which a loan for use takes on particular importance is when applying for a resident’s permit in the Unattended Paid Parking Zone (SPPN) in Warsaw. According to Resolution No. XXXVI/1077/2008 of the Council of the Capital City of Warsaw of June 26, 2008, a person registered in the zone who is not the owner or co-owner of the vehicle may obtain a permit by presenting, among other things, a vehicle loan agreement concluded in the form of a notarial deed.

Learn more about loaning a car for the purpose of obtaining a parking permit in Warsaw

Notarial Deposit

A notarial deposit is a legal institution regulated in Article 108 of the Notary Law. It involves a notary accepting for safekeeping money (in Polish or foreign currency), securities, as well as documents or data carriers. Most often, a notarial deposit is used as a form of securing the payment of a price in sales contracts, e.g., for an apartment or a plot of land.

A notarial deposit is one of the safest forms of securing transactions. A notary public, as a person of public trust, guarantees the proper execution of the terms of the deposit. In addition, funds deposited in a deposit account are protected by the notary’s professional secrecy. In case of non-fulfillment of the terms of the agreement, the notary immediately returns the deposited amount to the depositor.

An alternative to a deposit may be an instant transfer, but a notarial deposit offers a higher level of security, especially for high-value transactions.

How Does a Notarial Deposit Work?

When accepting an item for deposit, the notary draws up a protocol, which specifies in particular the date of acceptance, the details of the depositor and the person authorized to receive it, as well as the conditions for releasing the deposit. In the case of a monetary deposit, the amount paid is deposited in a special, separate bank account of the notary, intended solely for deposit purposes. The party depositing funds into the deposit specifies the conditions for its payment, e.g., after signing the notarial deed of transfer of ownership of the real estate.