Thursday, October 2, 2014

Notary vs ‘Hema Notary’ in disciplinary – Financieel Dagblad (Registration)

Notary vs 'Hema Notary' in disciplinary – Financieel Dagblad (Registration)

Notaries fought each Thursday before the disciplinary room in Amsterdam about whether they should join the Hema-notary service

De professional association KNB find that notaries their care and confidentiality can not deliver on this Hema service and therefore wants notaries do this anymore. Hema notary against whom the complaint is made by way of example, Frank Sterel, denied that he was unable to perform in the Hema service. Notarial duties “I had myself some reservations in advance, but it works very well in practice,” says Sterel.

Hema-site

Hema offers the possibility for almost a year, customers at a relatively low rate of € 125 a exit. cohabitation agreement or testament The instruments are made digitally using a Hema-site and notary offices then joined a group can be signed. The site is intended for standard situations of young people who move in together. Once there are exceptions, for example if there are children from previous relationships, the site gives to that customization is required.

Objection

The big drawback of the KNB is that the notary in the first phase of the process, if the information is completed and the default document is drawn up, is not involved. As a result, the notary would not have the “direction and control” required function, said Willem Heemskerk, lawyer of the KNB yesterday. Clients should not be stressed unduly personal choices such as whether they want in case they break up. Alimony Also, people might be to choose not really suit them, for business, otherwise they are not eligible for the cheap standard.

Sterel and his lawyer were disagreed. The notary has sufficient influence in their advance. “Once we get the deed we take that first by telephone with the client to see if this is exactly what he wants. Then I pull out an hour before the signing of the deed to another by taking everything and may still change, “says business Sterel.

He also stressed that the service is intended for a specific group of young people with few assets, which can be relatively standard. acted “It is known in the industry.”

Secrecy at issue

According KNB is also the confidentiality of the Hema-notary in the proceedings because the information on the Hema-Site. However Sterel did not understand where this differed from the data store the notaries themselves for instance in the cloud. “That can also go wrong.”

in their defense Sterel and his lawyer pointed out that a site like Doehetzelfnotaris.nl even working since 2009 with Internet forms and that the KVB never has been. questions about The KVB said yesterday that steps will be against doehetzelfnotaris.nl website.

Topdeal

Critics in the industry have wondered whether notaries still earn something with the low Hema rates. According Sterel However, it was a “topdeal. “These acts relatively little time and you do not have to do yourself. The collection

The disciplinary chamber after 2 October ruling.

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