The French notary

This is an extract of a document established by the “Conseil Supérieur du Notariat” or in English the “superior council of the profession of notary”. If you want to read the all document click here !

WHAT IS A NOTARY?

A notary is a law specialist to whom the government has delegated the authority to confer the character of authenticity to deeds authored by him for the benefit of his clients. He exercises his functions as an independent professional.

>      The notary, a public officer

The notary is a public official who is called upon to provide legal services in general law including the areas of family, real estate, assets, corporate issues, rural, local authorities… Acting on behalf of the government, appointed by the minister of justice, he confers the character of authenticity and the guarantee of effectiveness to all acts authored by him. This means that prerogative powers are granted to him by the government.

As provided by Article 1 of the order of 2^nd November 1945 concerning the status of the notarial profession, “Notaries are public officials created to receive all acts and contracts to which the parties must or wish to have assigned the character of authenticity attached to acts of public authority”.

>      The notary, a professional who can confer the character of authenticity to deeds

He has the power to confer the character of authenticity to deeds by signing and adding his seal to instruments. By doing so, he officially recognises the wishes of the persons signing and personally guarantees the content and the date which appear on the act. This act is recognised as having the same authority as a court decision.

In certain respects, a notary serves as a mediator among parties in non contentious issues.

>      The notary, an independent professional

Although the notary is granted the status of public official, he performs the duties of a notary as an independent professional, thus guaranteeing a modern form of public service with no cost for the government because he is responsible for the economic viability of his practice. He is an independent professional, compensated by his clients (as opposed to tax-payers) based on a national rate set by the government for the bulk of the notarial services.

>      The notarial profession is present throughout France

Present throughout the country by virtue of a geographical distribution decided by the ministry of justice depending on the population’s needs, the notary ensures a public legal service within everyone’s reach. Indeed, notarial practices are not subject to a specific numerus clausus (which would imply limiting the number of notaries) but the geographical location of practices does depend on the population's needs:

The location of the practices is subject to permanent adaptation under the authority of the chancellor.

It is based on three principles:

-       Providing a public legal service within everyone’s reach,

-       Taking into account the geographical and demographic changes,

-       Making sure the economic conditions required for the notarial profession are available to guarantee a high quality service.

THE NOTARY’S MAIN AREAS OF EXPERTISE  

An order of 2^nd November 1945 defines the mission of the notary as follows: “Notaries are public officials created to receive all acts and contracts to which the parties must or wish to have assigned the character of authenticity attached to acts of public authority, and to ensure the date, maintain the filing and deliver the execution copies thereof” .

Besides the legal mission of authenticating and guaranteeing preservation of official deeds, the notary has a broad range of expertise, and is also recognised as an expert in general law with a global vision of legal issues. Thanks to his capacity in the legal and fiscal aspects of the instruments he drafts, a notary can naturally provide consulting services to his clients.

>      Notaries and family instruments

This is his traditional area of expertise: marriage contracts, gifts between spouses, inter vivos gifts, wills, and successions. The government imposes certain obligations, the legal consumer has expectations.

>      Notaries and real estate

This is an important area of expertise in the duties of the notary: sales negotiation, signing of pre-sale deeds and promises, signing of the sales contract.

>      Notaries and corporate matters

The scope of the notary's activity goes beyond the traditional expertise the public associates with notaries. Thanks to his global vision of the company director's assets, he can propose the appropriate legal and fiscal solutions.

But also,….

>      Notaries, rural and environmental law

Notaries can be found all over the country and are the main legal players in the rural world. Their position enables them to offer tools aimed to encourage farming:

√         Creation of an agricultural fund which enables a farm’s value to be estimated whilst it also simplifies its transfer.

√         Creation of a transferable lease entered in the form of an authenticated deed which allows, under certain conditions, to enter a lease with persons outside the family framework.

√         Conclusion of a « credit transfer plan » in the form of an authenticated deed: under certain conditions, the law enables the sale of the farm in advantageous tax conditions.

>      Notaries and local authorities

Two types of services (often combined) are provided by notaries to the authorities:

√         On the one hand legal advice, in town planning law, planning authority law, environment law, local authority law, etc…i.e., in clarifying the perimeter of public domains, or by providing legal security in transferring goods between authorities.

√         On the other hand, drafting instruments with the related responsibility. For the price of an instrument, the consultation, the liability cover, the legal analyses are all included at a fixed rate. Indeed, in the prolongation of a given council, the deed under seal provides legal security to the Mayor.