Are sworn interpreters necessary for notary appointments?

When and why is an interpreter called upon for a notary appointment?

The notarization confirms the validity of legal transactions, be it a company formation, a will, a marriage contract or a real estate purchase contract. If one of the parties to the legal transaction is not sufficiently conversant with German from their or the notary's point of view, an interpreter should be attended in accordance with Section 16 of the Beurkundungsgesetz (German Notarisation Act). The procedure for notarization is strictly prescribed: the notary reads the document out section by section and the interpreter then renders what has been read out consecutively or simultaneously into the client’s language.

Unlike with a certified translation, an interpreter at the notary's office is required to ensure that the client is informed on the content and legal consequences of the document. For this purpose, not only the deed but also the communication between the parties and the notary is interpreted.

Who is permitted to act as an interpreter at the notary’s office?

Many clients who bring an interpreter to their appointment with the notary wonder whether a sworn interpreter is required. According to Section 16 of the German Notarisation Act (BeurkG), in theory any person may be called upon to act as an interpreter provided they have a sufficient command of the foreign language and German and are not primarily related to the parties involved in the legal transaction (spouses, children, etc.). The person called upon may be sworn in by the notary on an ad hoc basis for the duration of the transaction – unless all parties waive this requirement. Furthermore, the notary himself may, if he has sufficient command of the language, take on the role of interpreter.

Thus, a professional interpreter is not legally required at the notary’s office, which some notary clients use as a pretext to involve their acquaintances or relatives, who have no proof of qualifications, as interpreters. However, in the hope of avoiding the interpreter’s fee, clients sometimes end up losing even more money and time.

Consequences of not using professional interpreters

It is no secret that notarial contracts are quite complicated and sometimes incomprehensible even to native speakers. The notarization of notarial contracts is subject to certain formal requirements. The legal contents are usually not obvious to non-lawyers and call for a detailed explanation. Unfortunately, when lay interpreters are involved, it frequently happens that the content is not conveyed accurately or is incomplete. Yet it is particularly important for clients at the notary’s office to be informed about the legal consequences of the notarisation in order to avoid costs arising from a potential legal dispute as well as other serious complications.

Let us imagine a hypothetical situation in which a non-German-speaking woman is taken to the notary by her new husband to sign a marriage contract. The husband decides against using a professional interpreter and invites an acquaintance who claims to be fluent in both languages. The wife, who is unfamiliar with the German legal system and German customs, is unaware that the marriage contract is not a mere formality, but a legally binding document.

Suppose the wife was unable to fully understand the implications of terms such as matrimonial property regime, maintenance for the spouse’s support, or post-marital maintenance, and the consequences that altering these in the marriage contract might have for her future, perhaps because the acquaintance omitted certain details in the interpretation in order to get through the highly complex text more quickly. Perhaps the wife was also more preoccupied with thoughts of the upcoming honeymoon and did not pay proper attention.

A few years later, disputes arise between the spouses and the wife wishes to divorce her husband. During a consultation with her solicitor, she realises that the signed marriage contract places her at a significant financial disadvantage. She therefore attempts to challenge the contract by arguing that the interpreter engaged was incompetent: The acquaintance was not a professional interpreter and had rendered the legal terms incorrectly and incompletely. The court rejects the action to set aside the contract on this point, as the law does not specify precise requirements for an interpreter’s profile and clients are not protected from the consequences of poor interpreting.

Unfortunately, the same applies to other contracts: it is extremely difficult (in practice, almost impossible) to prove an interpreter’s incompetence or lack of professional suitability retrospectively in order to have the notarial deed declared null and void.

The role of a professional interpreter

As a client or for the notary, it is largely impossible to objectively assess an interpreter’s language skills in both languages. Their diploma, degree certificate or swearing-in certificate serves as proof of professional competence and interpreting quality.

Apart from proven linguistic competence, professional interpreters prepare conscientiously for every single assignment, although preparation time is not always remunerated separately. Furthermore, professional interpreters are bound by data protection regulations and are obliged to provide a faithful and conscientious interpretation.

In the case mentioned above, a professional interpreter would play a key role in ensuring that the client is not disadvantaged in the legal transaction due to her language skills, level of education, cultural differences or variations in legal systems. A professional interpreter would ensure that all information communicated is conveyed fully and accurately and is understood by the client. A simple question such as “Do you understand exactly what waiving post-marital maintenance entails?” could encourage the client to engage more actively in the process and perhaps even ask the notary for simplified explanations of her own accord.

What should be borne in mind about notary interpreting?

Even the most experienced interpreters require preparatory materials to provide a high-quality interpreting service. To assist them, it is best to provide your interpreter with a draft of the deed before the notary appointment. Alternatively, your interpreter could contact the notary directly to obtain the draft and clarify the details of the interpreting procedure.

Notaries and professional interpreters aim to help you understand the complex legal content contained in the deed. You should therefore not hesitate to ask questions if necessary, to avoid misunderstandings and ambiguities.

When using an interpreter at the notary’s office, you should allow plenty of time. Notaries read out their deeds extremely quickly; very few people can keep up with their speed. Assuming they can read out one page per minute, you should expect the process to take significantly longer when using an interpreter. A rough guide is approximately one and a half to two hours per 10 pages of the notarial contract. This is by no means due to the interpretation being slow. Rather, the notary voluntarily explains certain sections of the contract. Furthermore, in most cases, the contracting parties have questions which must be answered by the notary and conveyed by the interpreter at a pace acceptable to the clients.

Hiring competent and reliable professional interpreters

As a client, you are entitled to the best possible support from a trained and qualified interpreter whose interpreting services do not result in any unpleasant surprises or associated costs.

At AP Fachübersetzungen, publicly appointed and sworn interpreters are available for any language combination; they have completed a degree in interpreting and possess many years of experience in the legal field. Read our numerous letters of recommendation to see how satisfied our clients are with the interpreting services provided by our interpreting and translation agency, and how impressed they are by our commitment and reliability.

Image: Claudio Schwarz, unsplash.com