Seminar in Berlin on legal interpreting in notarisations

Even though I have been working as a legal interpreter and translator in notarisations for more than 20 years, there is always something to learn in this field of work. Additionally, it is advisable for language professionals to exchange thoughts with colleagues about best practices and current developments. For these two reasons, I decided to attend, on 18 June 2022, a seminar for translators in Berlin about legal interpreting in notarisations. Below you will find my personal report of the seminar.

Unique opportunity for interpreters and translators in Berlin

The seminar was organised by the Berlin-Brandenburg chapter of the German Federation of Translators and Interpreters (BDÜ). First of all, congratulations to the members of BDÜ Berlin-Brandenburg in charge of planning CPD events for the very well organised seminar and for deciding to hold it in spite of the small number of people who had registered.

The presenter, Mr Evangelos Doumanidis, is a lawyer, a sworn Greek translator and interpreter in Stuttgart and the president of the Association of Sworn Translators and Interpreters in the State of Baden-Württemberg (VVU). I had already attended a presentation by Mr Doumanidis at a translation conference in Bonn, so I knew what to expect.

I had registered for the seminar back in 2020 (it was to take place in Karlsruhe), but it was cancelled due to the coronavirus pandemic. I’m glad it did succeed in the second try, in Berlin, because the seminar was a unique opportunity for interpreters and translators in Berlin to get familiarised with the subject of legal interpreting in notarisations, to update already acquired specialised knowledge and to exchange ideas with colleagues about industry best practices.

Basic knowledge tools for successful notarial interpreting

Mr Doumanidis explained that notarial deeds have their own specialised language. That’s why we, translators and interpreters, should familiarise ourselves with authentic notarial deeds in both our working languages in order to develop a sense of their differences and similarities when it comes to language style and contents.

However, that doesn’t mean we have to explain legal terms during a notarial interpreting assignment. Instead, we should allow for the parties to state their own questions, which can then be answered by the officiating notary public.

This was followed by an overview of notarial functions, including the warning function (about the consequences of a notarial deed for the parties concerned) and the probative function (the notarial deed as proof of a declaration of intent). And then there was a discussion on the German Law on Public Records as well as on the grounds for exclusion, which may turn a deed legally invalid if the interpreter doesn’t fulfil certain requirements – for instance, the interpreter must not be related by blood or affinity to the parties concerned.

Despite the fact that we, notarial interpreters, contribute a great deal for an understanding between the parties of a notarisation, we – unlike court interpreters – do not necessarily need to be sworn before nor during the notarisation. But we do need language qualification if the principle of due process is to be observed.

Change in the legal status for sworn interpreters in Germany

The introduction was followed by a discussion on the upcoming change in the legal status of sworn interpreters in Germany. A new Court Interpreting Law will enter into effect on 1st January 2023, which introduces a new national regulation for the profession of court interpreter as well as several nationally standardised requirements, including having passed an interpreting exam. There will be no protection of acquired rights of existing court interpreters who don’t have a degree in interpreting and will therefore loose their jobs (contrasting with the situation in Brazil, where a new federal law protects acquired rights of existing sworn interpreters).

However, the new law is highly controversial, because, in practice, it creates a division: court interpreters (who will be federally regulated) on the one hand, and notarial and official interpreters and translators (who will maintain their state-regulated status). Therefore, a great amount of bureaucracy will be due in the area of legal interpreting in the coming years: each German state parliament will have to pass a new court interpreting law, interpreters will have to be sworn in again according to the new law, interpreters who not yet fulfil the new requirements will have to obtain qualifications (state exams), and so on.

Most common bilingual notarisation situations

The core part of the seminar focused on the most common notarisation situations in which legal interpreters are needed, all the while using several text samples as the basis of a very in-depth discussion:

Notarised Purchase Agreement

Here, the presenter focused first on explaining the structure of a land registry book and then showed how the elements of a land registry entry influences the wording of a notarised purchase agreement. He also clarified fundamental technical terms of sales transactions law such as Auflassung (conveyance of property titles) and Grundschuld (land charge).

Notarised Health Care Power of Attorney

Two additional types of notarial deeds in which legal interpreters are needed are the notarised Health Care Power of Attorney (general-purpose, includes a general power of attorney to enter into effect when the principal becomes physically and/or mentally incapacitated) and the living will (includes no general power of attorney and is more detailed as to what should happen in the case of medical treatment). In Germany, only the former has to be notarised.

Notarised Divorce Agreement

In this type of notarisation, especially when it’s about post-separation and/or post-divorce spousal maintenance, a great deal of importance falls not only on the complex family law regulations but also on emotions of the parties concerned. This is one more reason for legal interpreters to maintain calm in order to secure impartiality.

Notarised Articles of Association

Legal interpreters are also needed in notarising articles of association for German companies. Here, of course, specialised company law terms lay a key role. Therefore, before the assignment, it is advisable for interpreters to intensively study the legal culture of the countries the parties come from.

Berliner Testament

The last part of the seminar focused on the so-called Berliner Testament – a variant of a will in which the spouses or domestic partners name each other as the sole heir. Actually, the Berliner Testament doesn’t require notarisation, but it is usually notarised all the same (as additional security for the parties). It frequently includes succession law terms such as Pflichtteilsansprüche (statutory spousal share) and Ausschlagungsfrist (deadline to waive one’s succession rights).

Conclusion

It did pay to wait two years for the seminar with Mr Doumanidis on legal interpreting in notarisations to finally take place. We had plenty of opportunity to benefit from the presenter’s great expertise – not only during his presentation but also in the answers he gave to our questions. In addition, of course, it was nice to meet colleagues once again and discuss topics regarding the practice of legal interpreting.

After the seminar, I feel well-prepared for new challenges as a Brazilian Portuguese legal notarial interpreter.

Unfortunately, though, only a few colleagues registered for such an excellent CPD opportunity – despite the fact that the event was well advertised by BDÜ, and the registration fee wasn’t high at all. Apparently, notarial interpreters based in Germany already have an over-abundance of specialised knowledge and therefore think there is no need to learn anything more about their own field of work…

Event details