The notary public
A notary is a public officer whose role is to receive all deeds and contracts to which the parties have or want to give the character of authenticity attached to acts of the public authority to ensure the date, keep the deposit, issue binding copies and shipping. But he is also liberal professional. A notary is personally liable for all of his professional activity. As such, he must take out a personal insurance covering his professional civil liability. A case of collective security on which he must also contribute, can occur in addition.
The deeds that he establishes are adapted to the situation and meet the goal according to regulations. As an advisor, he informs you of your rights and obligations, the consequences of the contract and draws your attention to the points likely to be difficult. His obligation to provide information and advice may even lead him to make you abandon the operation or modify the conditions of realization.
The use of a notary public is required in all deeds that affect the family (marriage contract, change of marriage settlement, divorce, gift, succession, wealth management ...). He has the monopoly of formalities regarding to the land ownership (leases, purchase, sale, real estate company, joint ownership ...).
He also competent in corporation law: writing of transfers of businesses or funds handicraft, establishments and transfers of leases and all contracts and agreements on economic activity (leasing contracts, franchise, sales of blocks control ...).
With regard to land ownership, you call a notary in the following cases: if you plan to buy land, a house or apartment new or old, to sell property, to buy shares of a real estate company, to buy or sell land or a life housing, to be an easement, to convey property, make a gift, or to secure a loan by the creation of a mortgage.
For an acquisition, the notary takes place before, after and at the signing of the authenticated act. Before the signing of the act, he collects the information and legal and administrative documents, he operates all the necessary checks including as far as legal, tax, mortgage and town planning are concerned. He makes sure of the payment of the sums necessary to carry out the deed (price, loan costs and rights, fees). Then the deed is signed by the parties and the notary, at the notarial office usually. After the signing of the act, the notary accomplishes all the formalities required by the act that you signed. To do this he provides all administrations documents and papers required. He pays for your account, using the provision that you requested for this purpose, the taxes you owe because of the act.
The documents and deeds that issue you a notary have different forms and don’t have the same legal significance, or the same uses. Minute is the original document signed by the parties and the notary who is obliged to keep it and beyond a hundred years to give to the public records. The minute can be divulged only to persons who have signed the deed, their heirs and assigns. The notary can issue to these persons and only those copies of the minute, there are several types of copies: the authentic copy formerly known as "shipping", the executory copy formerly called "big" and the single copy.
A lawyer can advise you and prepare deeds, in many circumstances where his intervention is not strictly required as in the following cases:
- Different acts: a preliminary contract for the purchase of a home or land, a renting lease of less than twelve years, a loan agreement whose the nature and the small amount do not require mortgage guarantee.
- Legal and tax information: the problem of ownership, tax return ...
- Expertises for the sale of property, a transmission project to their children, a tax return ...
- Management of a property you want to assign: research for tenants, drafting of the leases and inventories of fixtures, fixing and review of the rent, breakdown of charges, tax returns ...
- Transaction: If you sell land, housing or other property, you can assign a lawyer the care giving mandate for this purpose.
These services generate a fee of course. The rates of the notarial deeds are fixed by decree. The notary may not proceed with the signing of an act which you make responsible without having first requested a provision covering his fees. The cost of a notarial deed includes:
- The remuneration of the notary fee consists of basic fees and possibly fees freely agreed between the solicitor and yourself,
- Disbursements (costs and expenses) incurred by the solicitor on your behalf to obtain the papers and documents necessary for the establishing of the deed,
- The various duties and taxes that go to state and local authorities.
At the end of the operation the notary must give you a detailed bill with duties, taxes, fees, expenses, and its emoluments.