Notary

A notary has 3 main missions: he must advise his clients, authenticate acts on their behalf and keep them.

Customer advice

The notary has an obligation to advise his clients. It must provide them with full information on the importance and consequences (risks) of the act they conclude (e.g. sales contract, donation).

It must also offer them the most appropriate means to achieve the desired result.

Authentication of documents

The document shall be drawn up in electronic or paper form. Then the notary authenticates it by attaching its own seal and his signature.

Authentication by the notary allows:

• Return the document enforceable against third parties
• Prove that the parties have consented to the act and that the necessary formalities have been carried out
• Give a certain date to the act
• Give enforceability to the deed.

The parties must be present or represented (e.g. by a lawyer) when authenticating the document. Thus, the notary can verify their identity and ensure that they consent to the conclusion of the act.

Preservation of documents

For 75 years (or 100 years if the act concerns a minor), the notary is obliged to keep the notarial acts he has drawn up.

After this period, the notary delivers the originals to the departmental archives (or national archives for Paris).

The parties may therefore to consult the document for 75 years (100 years if it concerns a minor). They may then request the document to be communicated to the departmental or national archives.

It is mandatory to call on a notary to establish the following acts:

• Real Estate Sale
• Marriage contract
• Inheritance pact
• Division of assets of an estate with a will or immovable property
• Certain donations (for example, a gift of real estate or a gift between spouses)
• Act of notoriety in succession
• Act of notoriety inherited
• Consent to a Assisted Human Reproduction (MAP).

The tasks performed by the notary are paying. Each customer must pay notary's fee.

These fees include 3 types of amounts:

• The taxes that the notary receives to remit them to the tax administration. They vary according to the nature of the deed (e.g. sales contract) and the nature of the property (e.g. apartment, furniture, etc.).
• The disbursements
• The remuneration of the notary appointed of emoluments and/or fees.

The notary has an obligation to respect the rules ethics of his profession.

The regional or interregional council to which each notary is attached is responsible for ensuring compliance with these professional rules.

Duties of notary

The notary must be neutral towards the parties and act honestly (avoiding any conflict of interest or any infringement).

He must also fulfill his duty of advice and respect professional secrecy.

Prosecution in case of non-compliance by the notary with his professional duties

The regional or interregional notary council may initiate disciplinary proceedings against a notary who does not respect the rules of ethics.

In particular, it may refer the matter to the Notaries' Disciplinary Chamber competent to impose a disciplinary penalty on the notary.

The notary who commits a civil fault or a infringement may also be prosecuted and ordered to pay damages and, possibly, a criminal sanction.

Each notary is competent throughout the national territory except in New Caledonia, French Polynesia and the Wallis and Futuna Islands.

It is possible to choose a notary who is not close to his home.

A client can also change notaries front the signature of the document.

The contact details of each notary can be found in the directory of notaries in France.