According to Article 92 paragraph 4 of the Constitution of Greece, a Notary Public is an unpaid public servant to whom the State has assigned part of the public authorities and subjects to judicial power. A plurality of Code provisions proves the public nature of the Notary’s profession. For example if a Notary Public is not available, then he/she can be substituted only by the competent Senior District Judge (Article 3 para. 1). A Notary may not be absent from his/her duties, with the exception of a prior authorization of the President of the Court (Article 29). He/she is appointed by decision of the Minister of Justice, published in the Official Government Gazette (Article 26). Notaries subject to inspection while practicing their duties by the competent Public Prosecutor, in accordance with the applicable provisions of inspection of courts and judicial officers (Article 41). The disciplinary jurisdiction of Notaries is exercised by courts and disciplinary councils (Articles 57 et seq.).
The Notary is a public officer charged with tasks of public authority, which he/she implements in drafting and executing notarial acts. He/she is assigned with a plethora of duties, designed to either protect the public interest and safety or to apply an economic, fiscal and social policy.
Indicatively, part of a Notary’s duties include:
The collection and proper attribution of inheritance taxes, donations, parental benefits, income taxes, property taxes, capital gains tax.
The control and determination of the legal conditions for the transfer of forests, woodland or farmland and allotment land.
The control and verification of the proper implementation of urban planning legislation in real estate transfer, the control of resource efficiency of the Land Reclamation Organization and also the control and confirmation of the legal conditions for the transfer of real estate in border regions, islands, coastlines, beach areas, natural habitats and archaeological sites.
A Notary also performs public service under the principle of civil equality regarding any public service provided and accordingly never acknowledges somebody as a customer; he/she treats equally all those who request notarial support and equally protects their interests.
