Meeting the Notaires

Interior of the Chambre de Notaires, ParisMeet Les Notaires

No property transaction happens in France without the “Notaire.” A Notaire is not equivalent to a “notary” in the U.S. He (and now many she’s) is a self-employed “legal specialist with a public authority mission who draws up authenticated contracts on behalf of his clients.” He is also a public officer who operates in every area of law (including family, property inheritance, asset, company law, countryside law, local authorities, etc.) and acts on behalf of the State (appointed by the Minister of Justice), to guarantee the legality and authenticity of all transactions, including the tax collection attached to those transactions.

The directory of Notaires contains approximately 9,000 practicing Notaires and more than 4,500 practices spread over all the territorial départements of France (including the overseas départements). There are more than 600 in Paris alone.

Now’s your chance to meet with the Notaires of France during an ‘open house’ offered by the Chambre de Notaires this coming October 1, 2 and 3. Here in Paris, it takes place at the Chambre de Notaires, 12 Avenue Victoria, 75001 Paris. Three conferences are open to the public and will be broadcast live on the Web site of the Superior Council of Notaires. http://www.notaires.fr/fr

Free consultations will be provided by the participating Notaires in person. You can schedule your appointment online. If you wish to make your appointment by phone instead, call +33 (0) 1 44 82 24 44. Telephone consultations will also be given by phone on Thursday, October 1st, from 6 p.m. to 9 p.m. Dial “3620” and say “Notaire.”

To attend the various conferences, see the list below and click on the link to register at those of your choosing or call +33 (0) 1 44 82 24 44:

***Panel discussion: Purchase by a couple (common law, civil partnerships, SCI, undivided…)
Thursday, October 1, 2015 6:15 p.m. – 7:15 p.m.
Registration required online

***Panel discussion: Planning for inheritance
Thursday, October 1, 2015 7:30 p.m. – 8:30 p.m.
Registration required online

***Panel discussion: Mixed families (union, donation,
succession, adoption…) Friday, October 2, 2015 11: 30 a.m. – 12:30 p.m.
Registration required online

Notaries will also answer your questions online during five chats open on October 1 and 2. You are invited to ask questions today by clicking on the links below:

Theme 1: PACS and wills

Theme 2: Donations: helping your children

Theme 3: Investing in real estate

Theme 4: Anticipating inheritance

Theme 5: Business

Saturday, October 3, Notaires will be available at cafés all over France. For notarial meetings outside of Paris, see the map. or the list at conseilducoin.fr/evenements/.

See more at: paris.notaires.fr/actualites/

THE ROLE OF THE NOTAIRE (text taken from article published at notaires.fr/)

A Notaire is a legal specialist with a public authority mission who draws up authenticated contracts on behalf of his clients. He is self-employed.­

A Notaire is a public officer who operates in every area of law including family, property inheritance, asset, company law, countryside law, local authorities, etc.

He acts on behalf of the State and is appointed by the Minister of Justice, and the fact that an instrument is drawn up by a Notaire is a guarantee of its legality and authenticity. All this means that the Notaires are vested with prerogatives of official authority which they receive from the State.

Under the terms of Article 1 of the Order dated 2 November 1945 regarding the status of Notaires, “Notaires are public officers authorized to record any instrument or contract the parties to which are obliged, or may wish, to invest with the type of authenticity associated with public authority instruments”.

The Notaire is empowered to authenticate instruments by affixing his seal and signature. By so doing he officially witnesses the wishes expressed by the signatories and gives his personal guarantee regarding the content and date of the instrument. Such instruments then have the legal status of a final judgment. As such, the Notaire is an amicable judge and dispensers of out-of-court justice.

Although he has a public authority, the Notaire operates on a self-employed basis and is responsible for his own office, thereby providing a modern type of public service that costs nothing to the State. He isa self-employed professional who is paid by his clients (and not the taxpayers) on the basis of a rate fixed by the State for the services he provides.
See the page dedicated to the notaire’s fee.

The Notaire is present throughout the country according to a zoning system worked out by the Minister of Justice to best serve the needs of the population. The Notaire is therefore able to provide a locally-accessible public service focused on legal matters. His office is not subject to “numerus clausus” restrictions which would limit the number of notaires operating at any one time. Instead they are subject to a zoning system which ensures in order to cater to the needs of the population in any given area.

The location of Civil Law Notary offices is reviewed on an ongoing basis under the supervision of the Central Administration of the Ministry of Justice, known as the chancellerie.

This location review has three objectives:

– to maintain a locally-accessible public service focused on legal matters,
– to take account of geographical and population change,
– to oversee the financial conditions under which the profession is carried out with a view to ensuring quality of service.

Note: When seeking a Notaire to handle your real estate transaction or other family-related issue, we highly recommend finding an Notaire who can speak English to avoid expensive translations of documents. If you consult the directory of Notaires and select “English” next to “Language,” more than 1,500 in France will be at your disposal.

A bientôt ,

 Adrian Leeds
The Adrian Leeds Group

Respond to Adrian: [email protected]

 

 

 

 

 

P.S. Come hear me speak Monday, September 28th at the LeWIC Conference (The Women’s International Club of Paris), about why living in France is like Dorothy said, “Toto, I have a feeling we’re not in Kansas anymore!” The Women’s International Club of Paris is a private English-speaking association dedicated to cultural sharing and friendship amongst International women. Come to the conference, meet the diverse LeWic membership — you might want to join LeWic too! Registration is required in advance by emailing Chantal Carlin: [email protected]