Execution of notarial deeds
Since we aim to avoid face-to-face meetings while the COVID-19 measures are in place, notarial deeds will in principle be executed, during this period, on the basis of a power of attorney granted to a NautaDutilh employee. In principle, a power of attorney must be legalised by a notary (and if legalised by a non-Dutch notary, an apostille from the relevant court must be affixed). If due to the COVID-19 measures, a person is unable to have a power of attorney legalised by a local notary, identification can be achieved through video conferencing (including FaceTime). Under circumstances, the apostille requirement can be waived. Please note that for powers of attorney granted by foreign entities, an authority statement from a local expert, such as a qualified notary or a lawyer, is always required.
On 21 April 2020, the Senate approved an emergency bill to allow notaries to temporarily execute deeds through an audiovisual connection, if a person, located in the Netherlands, is unable to appear before the notary and the law does not allow the deed in question to be executed on the basis of a (non-notarial) power of attorney, e.g. a final will or a mortgage deed.
The Royal Association of Notaries (Koninklijke Notariële Beroepsorganisatie) has provided for the possibility to identify clients through video conferencing (including FaceTime). During the video conference, the client shows his/her original identification document and signs a photocopy of the document on camera, along with any other documents required for the transaction. NautaDutilh will record the meeting or make a screenshot of the video conference. The original signed copy of the identification document and the other documents, if any, should be sent to NautaDutilh by courier.
Legalisation & apostilles
NautaDutilh's legalisation department is still doing business as usual. However, due to the limited availability of the Dutch courts, it may take longer than usual to obtain an apostille.
Declarations of no objection from the Dutch courts
If a declaration of no objection is required for, for instance, a merger or liquidation, it should be taken into account that the declaration may be issued with delay. Each court in the Netherlands is dealing with the COVID-19 measures differently, but most are still providing basic services, including the issuance of declarations of no objection.
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