Notarial activities involving foreign nationals require exceptional precision. Knowing the language is not enough because each party must fully understand the legal consequences of the decisions they are making. For this reason, the presence of a sworn translator at a notary’s office is often necessary. But when is their participation required? What does the procedure involve? Who is responsible for arranging a translator and what are the consequences of omitting this step?
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Notarial Deeds Involving Foreigners – Polish Law
Under Polish law, notarial deeds involving foreigners must follow specific rules. A notary is required to ensure that everyone participating in the procedure completely understands its content and legal implications. If one of the parties does not speak Polish, appropriate translation must be provided. In such cases, a sworn translator serves as a bridge between the participant and the institution. Their presence guarantees that every party signs the document consciously and with full understanding of the consequences.
The Role of a Sworn Translator During Notarial Acts
A sworn translator not only translates the document itself but also interprets the entire procedure, including the notary’s statements, questions, answers, clarifications, and any reservations raised during the meeting.
Notarial activities involving a sworn translator constitute official and formal interpreting with legal effect. The notarial protocol records the translator’s name and confirms their participation in the act.
If written documents also need to be provided in translated form, sworn translation services can be used.
Is the Presence of a Sworn Translator Mandatory?
In most notarial activities the presence of a translator is mandatory. If a person does not know Polish well enough to participate freely in the procedure, the notary must request the presence of a sworn translator. Translation provided by a friend or family member does not meet legal requirements. A sworn translator works under statutory provisions, and their involvement grants full legal validity to the documents.
Possible Legal Consequences of Not Having a Translator
Failure to involve a sworn translator during notarial acts can lead to serious complications. In extreme cases, the document may even be declared invalid. If a court determines that one of the parties did not understand the content of the procedure, the legal effects can be challenged. Having a translator protects both the foreign national and the Polish-speaking party from potential claims and legal disputes.
Documents Requiring a Sworn Translator
The most common documents that require a translator’s presence include notarial deeds related to real estate sales, powers of attorney, declarations of intent, company agreements and wills. In each of these cases it is crucial that the content be fully understood.
It is also worth remembering that certain notary offices require previously translated documentation, which may involve additional sworn written translation.
How Does a Notarial Act with a Translator Proceed?
During the procedure, the notary reads the content of the deed, and the translator interprets it orally into the foreign language. The entire conversation is conducted formally, and the translation must be accurate and impartial. The notary may ask questions, which the translator relays to the foreign-speaking party. Finally, after confirming that everything is clear, the deed is signed. This is a classic example of interpreting services performed in a legal setting.
Who Provides the Translator – the Client or the Notary?
The responsibility for arranging a translator lies with the client. The person who does not speak Polish must organize the participation of a sworn translator. The notary may recommend an agency or a suitable specialist, but the obligation to invite and cover the cost rests with the foreign-speaking party. It is advisable to contact a translation agency in advance to confirm the translator’s availability and service pricing.
How to Prepare for a Notarial Visit with a Translator?
When preparing for a notarial appointment with a translator, it is essential to schedule the date with both the notary and the translator. Sending the documents to be signed in advance allows the translator to review the content and avoid surprises. It is also important to bring identification documents and verify all arrangements with the notary’s office. Clear communication between the parties, the translator and the notary shortens the duration of the notarial act and reduces stress.
How to Choose a Translation Agency for Notarial Acts?
When selecting a translation agency, it is best to choose one with proven experience in legal translations. Key factors include the availability of sworn translators in the required language, response time and familiarity with notarial procedures. A good agency will not only manage the translation but also provide organizational support and ensure the entire procedure complies with legal requirements.
Summary
The presence of a sworn translator at a notary’s office is not just a formality but a key element in ensuring the legality and safety of legal acts involving foreign nationals. It guarantees that all parties fully understand the document and its legal consequences.
Arranging the right translator in advance and properly preparing for the notarial appointment ensures that the process runs smoothly and minimizes the risk of misunderstandings.