A notary acting in breach of the duty to act with professional diligence is guilty

While performing notarial activities in Bratislava, the disciplinary defendant drew up a minute of receipt of money into notarial custody, in which she stated, among other things, that the deposited amount – representing the entire purchase price of €240,000 – would be released from custody in four parts, with the third part (approximately €180,000) to be transferred to a different account than that of the beneficiary (the seller). However, it has already stated in the next paragraph that the entire amount of €240 000 will be released to the beneficiary (the seller) immediately after the production of the title deed. However, the notary must have known that these conditions contradicted each other. She then presented the bank with an order for the amount of €240 000 to be paid into the seller’s account. At the same time, on the same day, she issued a receipt that she had released the object of the escrow from the notary’s custody in accordance with the notarial deed of receipt of the money into the notary’s custody.

Thus, the disciplinary accused notary acted negligently in violation of the duty to act with professional diligence [Article 36(1) of the Notarial Code] and the duty to take care by her actions to ensure order and certainty in legal relations and the prevention of disputes, as well as in violation of the duty to ensure that the documents she draws up comply with the legal provisions and the legal requirements. By that conduct, she committed a disciplinary offence pursuant to Article 91(1) of the Notarial Code, as in force until 30 November 2021, for which the Disciplinary Panel imposed a disciplinary measure on her – a fine of €1 200.

The decision on the guilty verdict was unanimously adopted and the decision on the disciplinary measure was adopted by a ratio of 3:2. No appeal is admissible against the decision of the Disciplinary Panel.

In the disciplinary case of the President of the Notarial Chamber of the Slovak Republic c/a notary Jarmila Kováčová, the Disciplinary Panel No. 31 was composed of: the President of the Panel Mgr. Michal Novotný (Judge-rapporteur); Judges JUDr. Zdenka Reisenauerová, prof. JUDr. Juraj Vačok, PhD; lay judges JUDr. Juraj Šikuta; JUDr. Mária Zimanová.