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.
This means that when a party does not sufficiently understand Dutch, an interpreter must be engaged who can convey the content of the deed in an understandable way.
Role of the notary
The notary has a duty to establish the identity of the parties, explain the content of the deed, and satisfy themselves that the parties understand that content.
If the notary cannot determine with sufficient certainty that a party understands the deed, the notary will require an interpreter to be present.
Sworn interpreter
In practice, a sworn interpreter is used in almost all cases. This aligns with the level of care required in notarial matters.
A sworn interpreter is registered in the Dutch Register of Sworn Interpreters and Translators, has taken an oath or affirmation, and is bound by professional rules of conduct. This helps safeguard the reliability of the interpretation.
When is an interpreter needed?
An interpreter is generally required where a party does not understand Dutch, where the legal content is complex, or where there is doubt about whether the deed is properly understood.
This occurs, for example, in the purchase of real estate, mortgage deeds, deeds of incorporation, and powers of attorney.
Consequences of proceeding without an interpreter
If an interpreter is required but not used, the notary may refuse to pass the deed, doubt may arise about the legal validity of the deed, and the legal risk increases.
Practical implementation
In practice, the interpreter is arranged before the appointment and informed about the nature of the deed. During the signing process, the interpreter translates the substantive content for the relevant party.
Arrange it in advance
If an interpreter is required for your notary appointment, this can be arranged before the appointment so the deed can be passed without delay.