As a certified interpreter for English, I have been regularly working in notary offices in the greater Stuttgart area for 12 years, after being commissioned to do so by my foreign clients from India, China, the USA, South Korea, etc. Today, I would like to address some typical questions in more detail:

Why does an interpreter have to be sworn in when it comes to notarizations?

I am often asked this question, and I have compiled a few answers:

An important answer up front: A “good, trustworthy friend” is usually not enough. Here are the reasons:

• The friend often lacks the specific vocabulary knowledge; this prolongs the interpreting process by up to three times; however, the notary, who works to a tight schedule, is already waiting for the next notarization.
• The friend is involved in the matter themselves and may have an economic or personal interest in the notarization, i.e., their neutrality is not guaranteed.
• Even if the friend speaks the language perfectly, the notary can refuse him in order not to jeopardize the validity of the document.

The interpreter must therefore be suitable and committed to impartiality; for this reason, a publicly appointed and generally sworn interpreter is often required or at least strongly preferred.

The law stipulates the following in this regard:

The decisive factor is § 16 of the Notarization Act (BeurkG).

• If a party involved does not understand the German language sufficiently, the notary must call in an interpreter(however, the interpreter is paid by the client).
• The notary is responsible for the proper notarization and must ensure that the content is fully and correctly understood.

Does the interpreter have to be sworn in?

This is not always and mandatorily required by law, but:

• The interpreter must be suitable (in terms of foreign language skills and personal qualities).
• He must be independent and impartial.
• He will either already be generally sworn in or be sworn in by the notary for this specific appointment to provide conscientious and impartial translation.

In practice, many notaries require publicly appointed and generally sworn interpreters because this minimizes liability and contestation risks.

What is theoretically possible?

In exceptional cases:

• The notary may admit a person who is not generally sworn in, then swear them in ad hoc for the appointment, and determine that there is no conflict of interest. However, this is at the discretion of the notary—there is no entitlement to this.

My practical advice to all buyers and sellers of real estate in Baden-Württemberg is therefore:

• Clarify with the notary’s office in advance.
• If possible, publicly appoint a certified and generally sworn interpreter. This applies in particular to real estate purchase agreements, partnership agreements, or marriage contracts.

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