Subsection 3: Notaries

Where a deed contains several agreements that derive from or depend on each other, only the fee for the main agreement is charged. If the agreements are independent and give rise to separate duties for registration, land registration tax or value added tax, the emoluments are due for each of them even if they are included in a single deed. The temporary agreement and the final agreement provided for in…

The following are subject to the rules applicable to expert appraisals: 1° The fixing and collection of the remuneration of a notary appointed by the court to carry out an investigative measure or to fulfil an assignment not involving the drafting of a deed for which the fee is regulated; 2° The payment of the deposit and the collection of the remuneration of the notary appointed pursuant to the 10°…

Prior to signing the deeds for which they are responsible, notaries require a deposit sufficient to cover the corresponding fee and, where applicable, costs and disbursements.

If a court-appointed notary is given a period of time in which to carry out a service or series of services of his ministry, the amount of the corresponding emoluments is reduced by half if the mission is not completed within the time limit set, and by three quarters if twice the said time limit is exceeded.

The involvement of several notaries in the drafting or receipt of a deed does not increase the emolument, unless the deed is remunerated according to the number of hours spent. The division of emoluments, excluding discounts, is set by the regulations drawn up pursuant to the article 4 of order no. 45-2590 of 2 November 1945 relating to the status of notaries and articles 25 and 26 of decree no….

No fee is payable for the deed, copy or extract declared invalid or useless through the fault of the notary.

Notaries are prohibited, on pain of disciplinary sanctions, from sharing the price or the regulated tariff of their services with a third party or from accepting that a third party remit to them all or part of the remuneration received by them on the occasion either of the conclusion of a deed, or of the discussions or steps which preceded or accompanied an agreement in which they intervene in any…

Notaries may not collect any revenue duty for the collection or custody of capital and securities deposited for the direct execution of a deed of sale or loan executed in their office. Notaries must, in the event of a compulsory deposit or consignment of funds, pursuant to the article 15 of decree no. 45-0117 of 19 December 1945 taken for the application of the status of notaries, account to their…

The provisions of this Title, with the exception of those of paragraph 1 of sub-section 1 of section 2, are applicable to notaries in the departments of Bas-Rhin, Haut-Rhin and Moselle.

The emoluments for notarial services governed by this title determine the sums due to notaries, when they assist diplomatic and consular agents in the exercise by the latter of their notarial powers.