Possibility for a notary to carry out activities after the entry into force of the changes provided for in the governmental Bill on amending the Act – the Notary Public Law and Certain other Acts Cover Image

Możliwość prowadzenia przez notariusza działalności po wejściu w życie zmian przewidzianych w rządowym projekcie ustawy o zmianie ustawy – Prawo o notariacie oraz niektórych innych ustaw
Possibility for a notary to carry out activities after the entry into force of the changes provided for in the governmental Bill on amending the Act – the Notary Public Law and Certain other Acts

Author(s): Agnieszka Tomaszewska
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: Kancelaria Sejmu
Keywords: bill;notary;business activity

Summary/Abstract: The proposed amendment provides for the notary to be granted the status of a public official. The drafters do not address issues related to a notary’s business activities or his “status of entrepreneur”. The draft amendment does not contain a prohibition on running a chancellery or conducting business in genere. The form of the proposed changes does not allow to conclude that the intention of the drafters was to “depart” from the current solutions. Moreover there are no legal regulations establishing a general prohibition on the performance of business activities by public officials. Inclusion of notaries in the category of public officers will not result in the application to them of limitations arising from the Act on Restrictions on Conduct of Business Activities by Persons Performing Public Functions.

  • Issue Year: 76/2022
  • Issue No: 4
  • Page Range: 149-156
  • Page Count: 8
  • Language: Polish