Becoming A Notary Public: Austria's Essential Guide

In Austria, notary publics are top lawyers who have graduated from top universities and undergone several years of additional training. The profession is strictly regulated and challenging, and those who pursue it are entrusted with significant responsibility. The duties of a notary public in Austria include providing independent and neutral legal advice and drawing up public deeds, which is a central task of their office. In contrast, a notary public in the USA typically performs work as a sideline to their actual profession and does not give legal advice or have the same level of legal training or position of trust. To become a notary public in Austria, one must be a qualified lawyer, which makes finding someone with the necessary qualifications challenging.

Notary public profession in Austria vs. the USA

The profession of a notary public in Austria differs significantly from that in the USA. Austrian notaries are top lawyers who practice a challenging and demanding profession, which is one of the core legal professions and is accordingly strictly regulated. In contrast, a notary public in the USA is not even a lawyer and does not require a law degree.

Only the best university graduates receive offers for positions as notary public candidates in Austria, and they undergo several years of additional training. The profession is, therefore, highly respected and trusted. Austrian notaries are responsible for providing independent and neutral legal advice and drawing up public deeds, which are central tasks of the notary's office.

In the USA, the task of a notary public is limited to the certification of documents or the confirmation of a person's identity. They are expressly prohibited from giving legal advice or opinions. The collection and forwarding of payments are also not part of a notary public's duties in the USA.

The differences in responsibilities and training between the two countries mean that the notary public profession in the USA cannot be compared with Austrian notary professionals. The legal training and position of trust that Austrian notaries hold confer a special responsibility that fundamentally distinguishes the two professions.

Additionally, it is worth noting that in Austria, notarial services are provided by local notaries, and embassies will only provide such services if evidence can be provided that no other alternative is acceptable. In the USA, notarial services can be performed by various professionals, including real estate agents, post office employees, and UPS or copy store staff, often as an additional service. This further highlights the differences in the perception and responsibilities of notary publics between the two countries.

Qualifications and training

In Austria, notaries are top lawyers who practice a challenging and demanding profession, which is one of the core legal professions and is accordingly strictly regulated.

To become a notary public in Austria, one must be one of the best university graduates to receive an offer for a position as a notary public candidate and pursue this career path. These candidates then undergo several years of additional training.

The profession of a notary public in Austria differs significantly from that in the USA. In terms of training, qualifications, powers, and competence, the notary public in the USA is not comparable to Austrian or other European notaries. A key difference is that a notary public is not a lawyer, whereas Austrian notaries are top lawyers with extensive legal training and qualifications.

The tasks performed by a notary public in the USA are also more limited in scope compared to Austrian notaries. A notary public typically certifies documents or confirms a person's identity, and they are expressly prohibited from giving legal advice or opinions. In contrast, independent and neutral legal advice, as well as the drafting of public deeds, is a central task for Austrian notaries.

The level of responsibility and trust conferred upon Austrian notaries due to their legal training and qualifications further distinguishes them from notary publics in the USA.

Roles and responsibilities

The role of a notary public in Austria is significantly different from that of a notary public in the USA. Austrian notaries are top lawyers who have graduated from the best universities and undergone several years of additional training. They practice a challenging and demanding profession, which is one of the core legal professions and is accordingly strictly regulated.

The tasks of a notary public in Austria include the certification of documents and the confirmation of a person's identity. However, a notary public in Austria does not give legal advice, certify legal transactions, or give legal opinions. In contrast, a notary public in the USA is not even a lawyer and is expressly prohibited from giving legal advice.

One of the central tasks of a notary's office in Austria is to provide independent and neutral legal advice and draw up public deeds. They can also be entrusted with funds in third-party or escrow accounts, which is not a duty of a notary public in the USA. As a result, Austrian notaries hold a position of trust and have special responsibilities due to their legal training.

The notary public profession in Austria requires a high level of expertise and trustworthiness, making it a highly respected and valued profession in the country. The role and responsibilities of a notary public in Austria are, therefore, quite distinct from those in the USA, with Austrian notaries holding a more prestigious and trusted position.

Services provided by the British embassy

The British Embassy in Vienna is the only British diplomatic mission in Austria. It maintains and develops relations between the UK and Austria. The embassy provides a range of consular services to local, British, and international citizens in Austria.

• Notarial services: The embassy provides a limited range of notarial services for British nationals in Austria. This includes witnessing a signature. However, it is important to note that the embassy will not provide notarial services if local notary publics can provide them. Additionally, the embassy does not handle wills, probate, power of attorneys, or witness deed polls.
• Passport and visa services: The embassy issues British passports and visas only to citizens whose main residence is in the United Kingdom and Austria. The process of obtaining a British visa and passport can take several weeks.
• Information services: The embassy provides information and support to Austrian citizens interested in learning more about the United Kingdom. This includes details about the British economy, culture, sports, and education. They also provide guidance on obtaining British citizenship.
• Emergency assistance: The embassy provides emergency assistance to British citizens in Austria. This includes helping British citizens who are victims of crime or in need of urgent medical help. They also assist with emergency travel documents for those who need to travel urgently and cannot use their passport due to loss, theft, or damage.
• Trade and investment support: The embassy, along with the Department for International Trade (DIT), offers practical support to UK companies doing business in Austria and Austrian companies investing in the UK. This includes information on key security and political risks that UK businesses may face when operating in Austria.
• Voting assistance: The embassy provides information to British citizens living in Austria on how to register and vote in UK elections.
• Healthcare guidance: The embassy offers guidance on obtaining state healthcare for British citizens living, working, or studying in Austria.
• Referrals to English-speaking professionals: The embassy provides referrals to English-speaking professionals in Austria, including lawyers, doctors, medical facilities, translators, interpreters, and funeral directors.

Please note that the services provided by the British Embassy may change, and it is always advisable to check the official website or contact the embassy directly for the most up-to-date information.

Online notarization

Austria has the most modern notaries in Europe. Austrian notaries have been pioneers in digitalisation, offering almost all notarial services online and digitally. This makes Austria a leader in this field, with hardly any other European country offering notarial services online as extensively as Austria.

The process of online notarization in Austria is simple and secure. You can upload your documents, verify your identity, and connect with a notary public via an online meeting. This can be done through various platforms, such as Notarize, which offer forensic analysis of ID verification and a full audit trail of the transaction. All transactions through the platform undergo a dynamic, multi-factor authentication process, ensuring the security of the process.

To complete an online notarization, you will need the following:

• An original, unsigned document (you must sign with the notary public during the meeting)
• A computer or smartphone with audio and video capabilities
• A valid government-issued photo ID
• A U.S. social security number for secure identity verification

The cost for online notarization services varies, with a single document typically costing $25, and each additional notary seal costing $10.

Frequently asked questions