Advertising for notaries in Germany: which channels are allowed and where the office sets limits

All channels at a glance

The Bundesnotarkammer revised section VII of its guideline recommendations for the digital age and explained the new version in detail in its circular 03/2020. From this, you can tell how almost every channel is to be classified. The overview summarises it; your chamber's guidelines remain authoritative.

The reason for the ban on search ads is important: under No. 3 of the guideline recommendations, a notary may only be included in directories that are equally open to all notaries, and this applies to search engines accordingly. Paid ad slots are limited and go to the highest bidders. Organic visibility through a good website, by contrast, is expressly permitted; see Local SEO for professional firms.

The rules behind the overview

The law itself is brief. § 29 Abs. 1 BNotO requires notaries “jedes gewerbliche Verhalten, insbesondere eine dem öffentlichen Amt widersprechende Werbung zu unterlassen” (to refrain from any commercial conduct, in particular advertising that contradicts the public office). § 17 Abs. 1 BNotO adds that benefits in connection with official business and third-party participation in fees are not permitted. The details are in the guidelines of the Notarkammern, which are binding under § 67 Abs. 2 BNotO.

• Permitted (VII No. 1.1): information about tasks, powers and fields of activity, offline and online, including through publications, talks and the media.
• Prohibited (VII No. 1.2): advertising that raises doubts about independence or impartiality or is incompatible with the office.
• Incompatible in particular (VII No. 1.3): advertising that is aimed at a specific instruction or client, creates the impression of commercial activity, is evaluative, approaches people seeking legal advice without cause or is misleading.
• Third-party advertising (VII No. 1.4): you must work towards ensuring that third parties do not advertise for you in a manner contrary to the office.

Evaluative self-presentation: what must not appear on your website

The core of section VII is the ban on evaluative self-presentation. The Bundesnotarkammer's explanatory notes give examples: references to final grades, rankings, scholarships or the label “Jahrgangsbester” (top of the year) have no place on the website. Terms such as “specialist”, “expert” or “leading” are not expressly mentioned, but they are just as evaluative and therefore do not belong in notary copy either.

In addition to the official title, academic degrees, the honorary title “Justizrat” and professorial titles are permitted (VII No. 2.1). A CV on the website may also mention secondary activities and honorary positions, such as teaching or a role as examiner. Such references do not, however, belong on deeds, letterheads, email signatures or the seal (VII No. 2.2).

Reviews, rankings and “our in-house notary”

According to the Bundesnotarkammer's explanatory notes, subjective reviews left by third parties, for example on Google Maps, must be accepted as expressions of opinion. The guidelines draw a line elsewhere: you may not encourage your clients to leave positive reviews, because this amounts to evaluative self-presentation. Review cards at reception, QR codes to the review form or follow-up emails after the appointment, as used by other firms, are therefore not an option for notaries.

• No rating widgets on your own website: presenting stars or quotes yourself is evaluative self-presentation. There is no express statement on widgets, but the assessment follows from VII No. 1.3.
• No rankings: being entered in directories with rankings is not permitted; notaries should take reasonable action against “notary rankings” in the media.
• No third-party endorsements: if a property developer names you as “our in-house notary”, you must work towards stopping this. In individual cases, this can even raise questions of impartiality (§ 14 Abs. 3 BNotO, § 4 BeurkG).
• Confidentiality in replies: if you reply to a review, confirm neither that the person came to you nor anything about the matter (§ 18 BNotO). The review reply generator provides neutral suggestions.

A Google Business Profile with address, opening hours, photos of the premises and accessibility information is factual information and expressly permitted. How to set it up is shown in the article Google Business Profile for professional firms.

Costs: inform yes, advertise no

Notary fees are set by law. Agreements on fees are invalid (§ 125 GNotKG), fees must be charged, and waiving them is only possible in exceptional cases and with the consent of the Notarkammer or the Notarkasse (notaries' fund) (§ 17 Abs. 1 BNotO). Advertising claims such as “free initial consultation”, “low-cost notarisation” or “fixed price for your GmbH formation” do not fit with this: they suggest room for manoeuvre that does not exist, or an advantage over other notaries.

A factual costs page is permitted and very useful for visitors. It explains that fees are based on the transaction value and Table B of the GNotKG, and can give examples: under No. 25100 KV GNotKG, certifying a signature costs a 0.2 fee, at least 20 and at most 70 euros. For notarising a property purchase contract of 300,000 euros, a 2.0 fee of 1,270 euros is charged, usually plus completion and supervision fees. All amounts are plus expenses and 19 % VAT, with the land registry's costs added separately. A link to the Bundesnotarkammer's cost information on notar.de rounds this off.

Domain, name and the lawyer-notary system

The domain is regulated too (VII No. 6): generic notary terms without an individualising addition are not permitted, and the place name alone only if it does not apply to any other notary in the official district. An address such as “notar-hamburg.de” is therefore practically ruled out, while “notarin-beispiel.de” or “notare-beispiel-muster.de” are unproblematic.

Anwaltsnotar:innen (lawyer-notaries) appear as “Rechtsanwältin und Notarin” or “Rechtsanwalt und Notar” (VII No. 7). The more generous rules of lawyers' professional law apply to their legal practice, as described in the article Advertising for lawyers in Germany. The website must, however, keep things separate: Fachanwalt titles, client testimonials or ads for the law firm must not rub off on the notarial office (§ 29 Abs. 2 BNotO). In practice, this means separate sections for legal and notarial work, and the firm's advertising without the official title.

Direct approaches, newsletters and events

Approaching people seeking legal advice without cause is not permitted (VII No. 1.3). This rules out cold outreach by phone, email or letter to businesses, as well as targeted letters to heirs after a death. You may keep brochures and leaflets available in the office and on the internet; you may only send them unsolicited to previous clients and only with a factual reason (VII No. 5), for example after a change in the law that affects their will.

Information events in person or online are permitted (VII No. 4). A talk on lasting powers of attorney at a senior citizens' centre or a webinar on forming a GmbH at the local start-up initiative is classic, permitted public relations. If you send out a circular, remember the person responsible under § 18 Abs. 2 MStV in your imprint.