Notary

Authentication

The notary shall authenticate the documents which he draws up.

By affixing its seal and its own signature, it officially acknowledges the will expressed by the persons who sign them. He commits himself to the content and the date of the act. This act is then imposed with the same force as a final judgment.

In particular, it secures contracts, donations, the recognition of debts or wills.

It can write and save the civil pacts of solidarity (Civil partnerships).

Copies of notarial acts shall be used to carry out a enforcement by a commissioner of justice (formerly bailiff and judicial auctioneer).

Advice

The notary has an obligation to advise his clients. It must provide them with complete information and propose the most appropriate means to achieve the desired result. The notary must be impartial and must put the interests of the client before his own interests.

Preservation

A notary keeps the documents (for example, a will) at the seat of his office.

It is mandatory to use the services of a notary to do the following acts:

• Real Estate Sale
• Marriage contract
• Inheritance pact
• Division of assets of an estate with a will or immovable property
• Donation
• Act of notoriety
• Act of notoriety inherited
• Consent to a medically assisted reproduction

The remuneration paid to a notary is composed of several different elements. Thus, what are commonly called notary's fee include in fact:

• rights,
• disbursements,
• and the remuneration of the notary.

The rights are the taxes due to the State and to the authorities. The fees are collected by the notary and returned to the public treasury. They vary according to the nature of the act and the nature of the property.

The disbursements or disbursed are amounts due to third party (for obtaining documents and documents necessary for the security of the deed - for example: request for formality or deed of surveyor-expert) or travel expenses.

For his actual remuneration, the notary shall receive emoluments. They are not free: they are strictly regulated by law. There are 96 headings of acts, all priced differently. They correspond to the remuneration of the mission itself (for example, a sale of real estate).

However, a notary may also receive fees free, but only for notarial activities not charged by law. In that case, he shall inform his client in writing before the start of that activity of the amount and/or method of calculating the fees he will charge him.

The notary must provide his clients with a detailed account (a statement of the fees due) at the end of his assignment.

It is possible to find a notary by consulting the directory of notaries of France.

The competence of notaries extends over the whole territory: one can choose a notary who is not close to his domicile.

The notary is obliged to respect the law and the ethical rules of his profession.

Each notary is attached to a regional council or an interregional council of notaries.

These professional bodies are responsible for ensuring that notaries comply with ethical rules. They can initiate disciplinary proceedings against notaries who do not respect the professional rules.

In case of dispute with a notary, the customer must first to make a complaint to the president of the regional council or interregional council of notaries on which the notary depends.

The public prosecutor also monitors the conduct and discipline of notaries established within the jurisdiction of the court of appeal to which he is attached.

When informed of the facts that could constitute a notary's non-compliance with the ethical rules, the prosecutor may refer the matter to the investigation services of the disciplinary courts. It may also bring an action before the ordinary criminal justice system if the facts may constitute infringements.