Validity of Notarized Documents in Greece and Custody of Original Instruments

Under Greek law, a notarized instrument (“συμβολαιογραφική πράξη”) is a public document drafted and executed before a Greek notary public acting as a state-appointed public officer.

The notary verifies the identity and legal capacity of the parties; ensures compliance with mandatory legal formalities; records the declarations and signatures of the parties and maintains the official notarial archive.

Greek notarial acts enjoy enhanced evidentiary value and are presumed authentic unless challenged through judicial proceedings for forgery or nullity.

The notary prepares or reviews the deed in accordance with Greek law and the instructions of the parties.

The document must generally:

• Be drafted in Greek;
• Include complete identification details;
• Reference supporting documentation;
• Contain the full legal declarations of the parties.
• Where foreign-language parties are involved, interpreters may be required.

The parties must appear: a) Personally; or b) Through a duly authorized attorney-in-fact under a valid power of attorney.

At the moment of signature, the document becomes an official public instrument.

Under Greek notarial practice and the provisions of the Greek Code of Notaries, the original notarized deed (“πρωτότυπο” or “minute”) is ordinarily retained permanently in the official archives of the notary.

Accordingly:

• The notary keeps the original executed instrument;
• Parties generally do not receive the original;
• Parties receive officially certified copies or extracts.

This constitutes one of the defining characteristics of the continental civil law notarial system followed in Greece.

Greek notaries are legally obligated to maintain an official archive containing original deeds. The archive constitutes an official public archive subject to strict legal regulation.

The notary issues officially certified copies (“ακριβή αντίγραφα”) of the original deed.

These copies:

• Bear the seal and signature of the notary;
• Confirm conformity with the archived original;
• Possess substantial evidentiary force.

Under Greek law, certified copies issued by the notary carry the same evidentiary value as the archived original unless their authenticity is successfully challenged.

Also, under Greek law, the original notarized instrument is retained permanently in the official archive of the notary who executed the act. Parties typically receive certified copies rather than the original deed itself. These certified copies possess substantial legal and evidentiary force and are routinely used for registration, litigation, banking, corporate, and international purposes.

The retention of originals by the notary is a core feature of the Greek civil-law notarial.

Accordingly, the legal validity of a notarized document in Greece does not depend on a party possessing the original instrument, provided that an official certified copy can be produced from the notarial archive.