Legal framework
Under article 42, paragraph 1, of the Dutch Notaries Act, if a party appearing before the notary does not sufficiently understand the language of the deed, an interpreter must also appear to translate the substantive content of the deed.
So if a party does not sufficiently understand Dutch, an interpreter must be present. In practice, a sworn interpreter is usually used for this purpose.
Common situations
The use of an English interpreter regularly arises in the purchase of real estate by foreign parties, mortgage deeds, company incorporations involving international participants, and powers of attorney or other notarial deeds.
In all of these situations, the content of the deed must be understandable for everyone involved.
Sworn English interpreter
For notarial deeds, a sworn English interpreter is generally used. Such an interpreter is registered in the Dutch Register of Sworn Interpreters and Translators, has taken an oath or affirmation, and is familiar with legal terminology.
This helps ensure that the content of the deed is conveyed accurately and carefully.
Practical execution
The interpreter attends the notary appointment and translates the substantive content of the deed for the English-speaking party. This enables that party to understand the content and to give informed consent.
Additional option: written translation
If desired, a written sworn translation of the deed, or parts of it, can also be arranged in addition to the spoken interpretation, for example for use outside the Netherlands.
Arrange it in advance
For notary appointments involving English-speaking parties, a suitable sworn interpreter can be scheduled in advance so the appointment can proceed without delay.