Supervisory Directive on Notary Prohibition of Commercial Real Estate Brokerage

The supervisory authority for notaries issued a directive clarifying that the prohibition on commercial real estate brokerage under $\S 18$ Abs. 4 of the Notarization Act applies to brokerage activities conducted on behalf of or in the interest of third parties, usually for a commission, as defined under contract law concerning mandates, agency, and brokerage contracts, and that commercial activity is present when undertaken professionally or systematically to generate profit from real estate market developments. The court reasoned that this prohibition extends to both direct and indirect brokerage, including through affiliated companies, but explicitly excludes notaries engaging in real estate trading in their own name and at their own risk, although such self-dealing is subject to conflict of interest scrutiny and potential disciplinary action or loss of authorization if it compromises professional duties or trustworthiness.