Key takeaways
- The notary is a public officer who authenticates acts and advises, in family, real-estate and company law.
- The path: master in law, specialised master in notarial studies, then a three-year notarial traineeship.
- Access is selective: appointment by the King on a vacant post, after a ranking competition.
- A tightly framed profession, with a limited number of posts.
The notary holds a place apart in the Belgian legal landscape: as a public officer, they give acts their authentic force and secure the key moments in the life of people and companies. Becoming a notary in Belgium requires a long and selective path, from law studies to appointment by the King. This article details the role of the notary, the steps to become one, the qualities expected and the framed nature of the profession.
The role of the notary
The notary is both a public officer and a private-law lawyer. Their primary mission is to prevent conflicts: they advise the parties, inform them and authenticate the acts and contracts they conclude. A notarial deed has a particular force, called authentic, which gives it a certain date and probative force.
The notary intervenes in many areas: family law (marriage contracts, successions, donations), real-estate law (sales, mortgages) and business law, notably the incorporation and life of companies. They also ensure the conservation and security of the acts they receive.
The path to becoming a notary
Becoming a notary requires a complete legal course, extended by a specialisation and a long traineeship.
- 1
Obtain a master in law
A three-year bachelier then a two-year master, that is, five years of legal studies after secondary school.
- 2
Follow the specialised master in notarial studies
A complementary training, generally one year, specific to notarial practice.
- 3
Complete the notarial traineeship
A three-year traineeship in an office, to acquire the practical experience of the profession.
- 4
Access the function
The candidate notary is ranked by a competition, then appointed titular notary by the King on a vacant post.
This path, from entering university to appointment, spans around ten years. The last step, appointment, is the most selective: it depends on the availability of a post and a ranking at the competition.
The qualities required
Beyond the diploma, the profession demands precise personal and professional qualities.
The skills expected of a notary
Solid legal knowledge
Mastery of family, real-estate and business law, and constant monitoring of legal developments.
Rigour and a sense of precision
An authentic act allows no approximation: the slightest error can have heavy consequences.
A sense of advice and listening
The notary supports sensitive moments; pedagogy and neutrality are essential.
Integrity and discretion
As a public officer, the notary is bound by strict ethics and professional secrecy.
A regulated profession with limited access
The notarial profession is not one you practise freely. The titular notary is appointed by the King, on the proposal of the Minister of Justice, and practises on a specific post.
This organised scarcity ensures territorial coverage and a high level of requirement, at the cost of access that is harder than for other legal professions.
The notary and the life of companies
While the notary is associated with family law in the collective imagination, they are also a central player in the life of companies. The incorporation of a capital company, SRL, SA or cooperative company, must go through a notarial deed: the notary drafts and authenticates the statutes, then files and publishes them.
Create your company with the right support
From the legal form to the notary appointment and the registered office, Monsiegesocial coordinates the creation of your company in Belgium.
Going further
- Creating a company in Belgium: the steps, where the notary comes in.
- Publication in the Moniteur belge, a formality the notary handles.
- Setting up an SRL in Belgium, the most common form, incorporated by notarial deed.
