Notary's mission :"Notaries are the public officers established to receive deeds and contracts to make these authentic, are attached to acts of public authority, and to ensure the date, keep the deposit, issue grosses and expeditions thereof." The Ordinance dated November 2, 1945
The amount that one pays to the notary, which we commonly and improperly call "notary fees" actually includes taxes (approx. 8/10th of fees), disbursement (1/10th of fees) and notary’s compensation (1/10th of fees).
....deed to be in German. Is this correct? Yes. While it is possible to draft a private agreement in a foreign language under certain conditions, documents prepared by a notary must be written in French.
Je devais consentir une donation-partage à mes 3 enfants. Mon notaire a préparé l’acte mais finalement 2 de mes enfants ont refusé de le signer. Le notaire me demande de régler ses émoluments au titre de « l’acte imparfait ». De quoi s’agit-il ? The imperfect deed is the deed…
No, but it is preferable. In accordance with article 1359 of the civil code, a writing is required when the sum lent is greater than 1500 €. The use of a notary is recommended to avoid any dispute, especially between your heirs. Indeed, you are assured that the deed will…
Je devais consentir une donation-partage à mes 3 enfants. Mon notaire a préparé l’acte mais finalement 2 de mes enfants ont refusé de le signer. Le notaire me demande de régler ses émoluments au titre de « l’acte imparfait ». De quoi s’agit-il ? The imperfect deed is the deed…
Yes. In accordance with the measures of Decree No. 2020-260 dated March 16, 2020, the approximately 6,000 notarial offices have closed their reception to the public since March 17, 2020. But about 90% of them continue their activity remotely. They can be reached by phone, email and videoconference. Notaries are…
Sophie Sabot-Barcet, notary, answers Marc's question: should I make an appointment with a notary before getting married? Yes, to find out beforehand and receive advice on the choice of matrimonial property regime. Marriage is a contract between the parties. If you don't go to a notary, you'll be married in…
Do I have the right to change my notary when I have already made a last living gift to him 15 years ago? Do you have to justify this request? Notary David Ambrosiano answers your questions on BFM Business's "Le Club du Droit / Passez-moi le notaire" program. The answer…
Yes. For the fees associated with a gift deed, the notary's fees are calculated based on the full value of the property. This applies even when the donor retains the usufruct of the property (art. A444-67 C. com.).
No, but it is preferable. In accordance with article 1359 of the civil code, a writing is required when the sum lent is greater than 1500 €. The use of a notary is recommended to avoid any dispute, especially between your heirs. Indeed, you are assured that the deed will…
Everything will depend on the total amount of the deceased's financial assets. To be able to obtain the payment of the funds, you must provide the bank with an affidavit drawn up by a notary if the amount is greater than 5000 euros. On the other hand, if the amount…
Acts which do not present any degree of urgency must be postponed. Mentioning a typology of acts here is difficult. The profession is working to establish all the documents, in particular through the means of a remote appearance via Visio conference. Only proven emergency situations could be of a nature…
No. Article 12.1 of the national regulations governing notaries stipulates that " In the interests of the dignity and independence of his functions, the notary may, save in exceptional circumstances, only receive clients and deeds in his office, in ancillary premises and in one or more ancillary offices or in…
No. A municipality can very well decide to pre-empt a property offered for sale at a selling price lower than that desired by the seller. The latter must send the owner its proposal by registered letter with acknowledgment of receipt, within 2 months of receiving the DIA. The seller then…
In such a case, you should approach the territorially competent land registration service. By completing certain formalities (filling out CERFA forms n° 3233SD and n° 3236 SD), you can obtain a copy of your property deed (which will include the name of the notary who drafted the act).
Everything will depend on the total amount of the deceased's financial assets. To be able to obtain the payment of the funds, you must provide the bank with an affidavit drawn up by a notary if the amount is greater than 5000 euros. On the other hand, if the amount…
Yes. In accordance with the measures of Decree No. 2020-260 dated March 16, 2020, the approximately 6,000 notarial offices have closed their reception to the public since March 17, 2020. But about 90% of them continue their activity remotely. They can be reached by phone, email and videoconference. Notaries are…
Yes, because the National Notarial Regulations ( article 9-1) expressly forbids him from receiving an act without having provisioned a sufficient amount, to cover the expenses, rights, emoluments and fees. The notary cannot consent to his client in advance, through any form or capacity.
No. When the mandate is established in authentic form, the law requires the agent to render his accounts and all "useful supporting documents" to the drafting notary of said mandate (article 491 of the Civil Code).
....deed to be in German. Is this correct? Yes. While it is possible to draft a private agreement in a foreign language under certain conditions, documents prepared by a notary must be written in French.
No. A municipality can very well decide to pre-empt a property offered for sale at a selling price lower than that desired by the seller. The latter must send the owner its proposal by registered letter with acknowledgment of receipt, within 2 months of receiving the DIA. The seller then…
Yes. For the fees associated with a gift deed, the notary's fees are calculated based on the full value of the property. This applies even when the donor retains the usufruct of the property (art. A444-67 C. com.).
Yes, because the National Notarial Regulations ( article 9-1) expressly forbids him from receiving an act without having provisioned a sufficient amount, to cover the expenses, rights, emoluments and fees. The notary cannot consent to his client in advance, through any form or capacity.
No. Article 12.1 of the national regulations governing notaries stipulates that " In the interests of the dignity and independence of his functions, the notary may, save in exceptional circumstances, only receive clients and deeds in his office, in ancillary premises and in one or more ancillary offices or in…
Do I have the right to change my notary when I have already made a last living gift to him 15 years ago? Do you have to justify this request? Notary David Ambrosiano answers your questions on BFM Business's "Le Club du Droit / Passez-moi le notaire" program. The answer…
Sophie Sabot-Barcet, notary, answers Marc's question: should I make an appointment with a notary before getting married? Yes, to find out beforehand and receive advice on the choice of matrimonial property regime. Marriage is a contract between the parties. If you don't go to a notary, you'll be married in…
No. When the mandate is established in authentic form, the law requires the agent to render his accounts and all "useful supporting documents" to the drafting notary of said mandate (article 491 of the Civil Code).
In such a case, you should approach the territorially competent land registration service. By completing certain formalities (filling out CERFA forms n° 3233SD and n° 3236 SD), you can obtain a copy of your property deed (which will include the name of the notary who drafted the act).
Acts which do not present any degree of urgency must be postponed. Mentioning a typology of acts here is difficult. The profession is working to establish all the documents, in particular through the means of a remote appearance via Visio conference. Only proven emergency situations could be of a nature…
