A notarial deposit record is a notarial document in which a person (known as the depositor) hands over to the notary an asset, object, sum of money or document for legal safekeeping. The notary keeps the item under their responsibility and only releases it as stated in the record, whether to another person, under specific conditions or at the request of the depositor themselves.
What can be deposited?
- Sums of money
- Private or public documents
- Passwords or access codes (in a sealed envelope)
- Valuables or personal effects
- Any item that can be kept safe physically or digitally
What exactly does the notary do?
- Receives the depositor's request
- Drafts the deposit record, setting out the item, the conditions and the beneficiaries
- Receives and stores the item under their responsibility
- Keeps the item with diligence and confidentiality
- Releases the item to the person named in the record, in accordance with the agreed conditions
What is a deposit record for?
- Protecting documents or assets in the event of death
- Securing evidence or items in legal disputes
- Guaranteeing the fulfilment of contracts or promises
- Delivering documents on a specific date or when a specific condition is met
Important considerations
- The notary cannot open sealed envelopes without authorisation
- The contents of the deposit must be clearly described (unless confidential)
- The deposit may be subject to release conditions, a time limit or a future event
- Illegal or dangerous items, or items that cannot lawfully be held in safekeeping, are not accepted
Legal value
A deposit record is a public instrument with legal and evidential value. The notary is legally responsible for the safekeeping of the item and will release it as agreed in the record. In the event of non-compliance, the document can be used as evidence in court proceedings or a claim.