Language barrier at the notary in Germany - do I need a sworn interpreter?

Do interpreters have to be sworn for a notary appointment in Germany?

The first question you need to ask yourself when choosing an interpreter is whether the interpreter needs to be sworn in to interpret for a notary in Germany. For written documents, it is usually easy to determine when a certified translation from a certified translator is required: If a translated document has to be presented to the authorities in Germany and accepted by them as legally binding, the translator must also be authorised by the court to confirm this. When it comes to the necessity of sworn interpreters for official summonses however, in particular for legal transactions before a notary, the matter is less obvious.

Property contracts, wills, company formations, marriage contracts – the term "legal transaction" covers a wide range of legal matters, all of which require notarisation by a notary. If you want to have a legal transaction notarised by a notary in Germany, but not all of the contracting parties speak German, you will inevitably be confronted with the question of whether to use the services of a sworn interpreter – after all, there is no legal requirement for one.

Legal and professional requirements – Who can and cannot interpret for notaries?

In Germany, it is not mandatory to be sworn in for an interpreting assignment at a notary’s office. According to § 16 of the Notarisation Act (BeurkG), any person not closely related to the contracting parties may act as an interpreter. However, being generally sworn is proof of the interpreter's legal and professional competence. The reason why interpretation by a sworn expert is recommended despite the legal leeway becomes clear as soon as the contractual partners are overwhelmed with obscure or very complex legal vocabulary.

As the BeurkG does not stipulate any official qualifications, many a contracting party has had to rely on friends or distant relatives who speak the relevant languages when it comes to interpreting at notarial appointments. However, it is usually not considered that a contract text cannot be compared with everyday conversations. Even native German speakers have a hard time dealing with the abundance of challenging technical terms and phrases in official contracts, to say nothing of non-native speakers. It is essential that you understand exactly what you are agreeing to, what you are committing yourself to, what rights you have and what rights you do not have, especially in the case of such life-influencing matters. Proper rendition by a qualified and professionally competent interpreter guarantees that all contractual clauses are understood.

In the case of notarisation, communication is also far more complex and demanding than a "mere" interpretation of the contract text, which has been largely agreed to in advance. Rather, every notary appointment also gives rise to questions regarding the subject matter of the contract, which must be answered and explained by the notary with reference to the statutory provisions. This requires immediate, comprehensible interpretation into the foreign language of the respective contracting party using the correct legal terminology.

Is a "qualified" interpreter always also a "sworn" one?

The certification of a sworn interpreter is a reliable, official indicator of his or her professional competence. Nevertheless, a sworn interpreter is not automatically more competent than a non-sworn interpreter with legal-linguistic training and plenty of corresponding practical experience. If an interpreter is not sworn, it is advisable to ask for other proof of qualification, such as his or her degree certificate, letters of recommendation or proof of employment in the legal field.

Why the use of a qualified interpreter is recommended

It may be tempting to think that you can simply ask a relative or acquaintance who speaks the language for help and thus solve the language problem at the notary without incurring any additional costs. However, improper interpretation of a binding contract harbours the risk of far more costly consequences, which sometimes only become apparent years later.

The signing of a contract constitutes legally binding consent to its obligations. If the contractual clauses are unfavourable to one of the contracting parties and said party was unable to obtain a sufficient overview of their rights and obligations due to inadequate interpretation by an unqualified person, this contracting party could unwittingly consent to the waiver of certain rights granted to the other contracting party. However, this is difficult to prove later, as the notary's interpretation is not recorded. Such inadequate interpretations are particularly precarious in the case of maintenance, custody or property agreements, for example.

Professional and unprofessional interpreting at the notary in Germany

The service of a professional interpreter begins with the preparation for the assignment. Professional interpreters ask the German notary in advance for a copy of the contract to be interpreted, in some cases also a translation thereof, and then study it carefully, researching contexts and unfamiliar terms and internalising complicated passages. In the case of shorter contracts, this is usually done without any additional fee being charged. Through this routine preparation and research, professional interpreters can guarantee a complete and correct interpretation of even rare technical terms that even the interpreter had not come across during their training or studies. When interpreting, professional interpreters then use their trained memory, special note-taking and fluency techniques and strategies to ensure a fluent and complete rendition.

Qualified and sworn interpreters at AP Fachübersetzungen - your voice before the notary

Are you looking for competent, professional interpreters or translators for your notary appointment? Our sworn and unsworn specialists will be happy to assist you. Let us be your voice in a foreign language and help you to successfully conclude the legal transactions that are important to you.

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