Did you know ? What does a civil law notary do ?
The civil law notaries’ main activity is drawing up authentic deeds. By authenticating agreements, the civil law notary gives them a special value that private contracts do not have: as an authentic form of evidence and as regards their enforceability.
An authentic deed is compulsory for some transactions.
- First, the civil law notary receives the individuals or companies who consult him, he advises them and suggests solutions, guides the parties in their choices, analyses with them the civil and tax-related consequences of the different solutions, and estimates the costs inherent in the operation.
- When the parties have reached their decision, the civil law notary gathers together the information needed for the deed and collects the necessary administrative data.
- The civil law notary draws up the deed and sends a draft to the parties.
- The civil law notary executes the deed and explains it to the parties, he certifies any additional statements and collects their signatures before personally signing the deed. The civil law notary commits his or her responsibility by executing the deed.
- The civil law notary ensures that the subsequent formalities are accomplished (transfer to the public registers, etc.)
- The civil law notary keeps the original of the deed in his archive.
An authentic deed is not always necessary. Sometimes, at the parties’ request, the civil law notary draws up a document but does not sign it personally: for example, a simple loan contract between private individuals. Such an agreement remains a private contract and does not afford the same guarantees as an authentic deed. By contrast, it will not be subject to the same formalities, and will not incur the same costs.