Frequently Asked Questions (FAQ)

Notaries are public officers appointed by the Minister of Justice in a particular geographical area, throughout the french territory, so that all citizens can easily access them. However, a notary can notarized deeds concerning property located all over France (overseas Departments as well).

For example, if you wish to sell a real estate property (house, apartment, …) located far from your place of residence (even a residence out of France), you may ask to a notary located near you or easily contactable by phone, visioconferencing or email. This way, exchanges with your notary will be easier and he will handle, in your behalf, all the terms of sale of your property. Naturally, it’s the same in case you wish to buy a french property located away from your home.

Because of his geographical location, your notary has a very precise knowledge of the territory in which he practices, as well as the market (including real estate market) and the contact persons you may need. Your notary’s expertise extends to the following zones: Paris 18 (75018), Paris 17 (75017), Paris 19 (75019), Paris 9 (75009), Paris 10 (75010) and the neighborhoods : Epinettes, Batignolles, Pont Cardinet, Porte de Clichy, Porte de Saint-Ouen, Grandes-Carrières, Clignancourt, Sacré Coeur, Montmartre, Goutte d’Or, Barbès, Rochechouart, Porte de la Chapelle, La Plaine Saint Denis, La Montjoie, Marcadet – Poissoniers, Max Dormoy, Guy Môquet, Jules Joffrin, Lamarck Caulaincourt, Pigalle, Simplon, Château Rouge, Blanche, Anvers, Abbesses, Saint-Georges, Trinité – d’Estiennes d’Orve, Poissonière, Cadet, Auber, Gare du Nord, Havre – Caumartin, Chaussée d’Antin – La Fayette, Opéra, Richelieu – Drouot, Le Peletier, Notre Dame de Lorette, Magenta, Maubeuge, Château-Landon, Louis Blanc, Lariboisière, Haussmann, Saint-Lazare, Rome, Brochant et La Fourche.

For all deeds involving several parties, each of them can appoint their own notary. Then, all appointed notaries run the project and draw the deed up together. The contribution of several notaries may be interesting as it combines multiple expertises. On the other hand, the more the number of notaries involved increases, the more causes for a slowdown may increase as well (especially in case foreigners or non residents are involved). For the easiest projects (for example, buying or purchasing an apartment), the action of a unique notary shall be, most often, totally sufficient.

In any case, total notaries’ fees will keep the same (excluding specific fees), regardless the number of notaries involved in the file (fees are splitted up between notaries involved).

Exchanges with your notary are essentials to ensure the success of your project. However, emerging technologies provide us with multiple communication tools. Thus, according to your constraints, you may exchange with your notary by telephone, videoconferencing or emails.

Therefore, for signing a deed, your physical presence is not mandatory. Indeed, you may appoint an agent with the mission to sign on your behalf (your notary can provide you with a power of attorney model). This agent may be a relative/friend or a notary’s office associate. To guarantee a total legal security, the deed signed by this agent will be in all its aspects compliant with the draft deed you will received previously and after your validation. In some special cases (such as for donations), the appointment of an agent must be made by notarized deed.

Notaries are trained to deal with legally, financially and / or humanly complex projects. Their main purpose is to anticipate and to limit risks over these complex projects in order to ensure the smooth running of the them and to avoid any unforeseen delays and / or costs.

In order to do so, your notary establishes at first a provisional timetable about your project which  should help you to anticipate. Then, your notary goes along with you, step by step, so that this timetable will be respected.

Please remember that you and your notary share the same goal: the safest, fastest and most efficient way to complete your project.

As the proverb goes, the sooner the better. Your notary can advise you before the beginning of your project pointing you out any pitfalls and slip-ups to avoid. A initial exchange will help you to avoid any misunderstandings that might lead you disappointment at the conclusion of your project. If your project is already more precise, your notary may still go along you to finalize it.

For example, in the context of the sale of real estate property (apartment, house, …), it is important to contact your notary as soon as it is listed for sale, even if you do not have identified an acquirer yet (if you pursue a particular objective with this sale, consult your notary before this date). The main purpose of a deed of sale is to inform the purchaser about the main features of the real estate property. Thus, a preliminary analysis work allows us to identify the strengths and weaknesses of your property. On this basis, we will be able to sign a deed in the best possible way, without undue delay.

As a public officer, a notary is not free to set himself his own tariffs. Those tariffs are sat by law, either at a fixed tariff per deed, or at a proportional tariff based on the transaction price. Tariffs are the the same for all notaries, wherever the place they are located.

The notary’s remuneration is included in the so-called « notary’s fees”, which depend on the amount and the nature of the deed concluded. The notary’s remuneration represents a small part of it (the main part is attributed to the public purse). In any case, notary’s fees are estimated by your notary at the beginning of your project.

By law the notary intervention is mandatory for projects in which interests at stake are very important for the contracting parties. The purpose of this obligation is to ensure legal safety by providing contracting parties with the notary’s advice and expertise. Plus, notary intervention protects third parties’ safety by ensuring the proper and legal publicity of some deeds.

The notary intervention is mandatory mainly in the following cases: real estate sale / acquisition, real estate succession, donation / gift, anticiped renunciation of a forced share (RAAR), marriage contract, inter-vivos distribution, future protection mandate,…

Furthermore, in every complex project (legally and / or humanely) or with high financial issues, a notary intervention is highly recommended. His intervention will notably increases the legal quality of the deed, its speed of execution and the legal certainty of its effects in a short-term, mid-term or long-term basis (your notary is guarantor of the legal security of deeds he notarizes).

Your notary is a legal expert in many fields of law (civil law, family law, property law, wealth management, private international law, international tax law, inheritance law, real estate law, company law, commercial law, public law, town planning law, lease law, …), his remuneration is sat by law and  his accomplishes his mission in compliance with the very strict public officers deontological rules. Therefore, he is a privileged counsellor for all your projects.

If some constituent parts of your project are located outside France (real estate property, deceased person, taxpayer,…), your notary may help you to deal with these specific issues. Your notary is an expert about private international law and international tax law (including international tax treaties), therefore he can advise you and notarizes deeds with international aspects. Besides, your notary stays in touch in with many foreign notaries and lawyers (especially in Germany, Belgium, Netherlands, Luxembourg, Switzerland, Italy, Spain, Portugal, United Kingdom, United States, Canada, Algeria, Morocco, Tunisia , Mali, Gabon, …) in order to complete and update his knowledge over the different foreign laws.

For acquisition (or sale) of a property in France by a foreigner, for international succession, for a non residents inheritance tax report (déclaration de succession), for a marriage contract between people living abroad, … it is highly recommended to ask your notary for advice over potential international issues about these projects? Thus you will avoid some unknown adverse effects.

Furthermore, it is recommended to the persons wishing to expatriate themselves, to ask a notary for advice to anticipate consequences of changing of residence, abroad or in France, and consequences on their personal and / or patrimonial situation. Plus, if you foresee to be an expatriate for a long time, your notary can help you on your estate planning.

With respect to your company activity, your notary cannot substitute your usual professional partners (especially your accountant). However, as about personal life, your notary can help and advise you along the big steps of the life of your company.

Your notary can help you during the incorporation process of your company, by presenting you the most suitable social form and by notarizing your articles of association (and shareholders agreements) in adequacy with the position and the objectives of each partner in the company. During the lifetime of your company, by advising you, especially over the management of your professional real estate properties, your commercial or professional leases or your assets of your company. During liquidation, at the end of your business, by anticipating the sale of it (Dutreil pact, donation, sale of shares, retention or sale of real estate assets, Leverage Buy Out, Owner Buy Out, …) to prepare your future and that of your loved ones.

Complexification and multiplication of laws makes individuals and professionals reflections about their projects more and more difficult. At the same time, nowadays, anticipation is mandatory in order to protect yourself, your family, your company or simply to conduct your projects successfully.

Your notary can help you from the beginning of your reflections by offering you different strategies (estate planning, business strategy, family protection, …) in order to achieve your goals. As an impartial expert, your notary will present you possible alternatives as well as a timetable to implement them. Then, you will compare advantages and the disadvantages of each solution to make your choice and set your own timetable. 

These reflections will not necessarily lead you to the realization of a project or to the conclusion of a deed but they will give you a clearer view of your situation and opportunities on a short-term, mid-term and long-term basis.