Notary

Verified 14 September 2026 - Public Service / (Prime Minister)

Why use a notary? The notary advises his clients, authenticated the deeds they conclude (e.g. marriage contract, will) and keep them for several years. In some cases, the assistance of a notary is mandatory. Each intervention of the notary entails notary fees at the expense of customers. We present you the information to know.

A notary has 4 main missions: he must advise his clients, draft deeds and authenticate acts on their behalf as well as keep them.

Customer advice

The notary has an obligation to advise his clients.

It must thus inform and enlighten them on the scope (what they commit to and the obligations arising from it), the effects and the possible risks (including legal or tax) or adverse consequences of the act they conclude.

It must also offer them the most appropriate means to achieve the desired result.

Example :

Several natural disasters have occurred in a municipality where people want to buy a house. These events gave rise to a arrested and press articles. To fulfill his duty of advice, the notary must inquire and inform his clients that the house they are about to buy is on land that may be affected by a natural disaster.

This duty of advice is exercised throughout the preparation of the act, until its signature and, if necessary, during the subsequent formalities.

Please note

To fulfill his duty of advice, the notary can call on an expert or any legal research organization.

Authentication of acts

The notarial deed is drawn up on an electronic or paper medium. Then, the notary authenticates it by affixing sound seal and his signature.

Authentication by the notary allows:

  • To render the act enforceable against third parties
  • Prove that the parties have consented to the act and that the necessary formalities have been carried out
  • Give a certain date to the act
  • Give enforceability to the act.

The acts drawn up by the notary may have the force of enforceable title, exactly like a judgment handed down by the court. For this, the following two conditions must be met:

  • The act must involve the payment of a sum of money (for example, the repayment of a debt) or the performance of an obligation whose value is determinable in money at the time the proceedings are initiated (for example, the repair of a car)
  • The person who is responsible for making the payment or service must have given his consent for theforced execution immediate.

The parties must be present or represented (e.g. by a lawyer) during the authentication of the act. Thus, the notary can verify their identity and ensure that they consent (give their consent) to the conclusion of the act.

Drafting of acts

Before conclusion of a contract, the notary intervenes to:

  • Advice in the elaboration of the convention
  • Possible negotiation at the request of a party
  • Formalities and prior checks (identity, capacity, urban planning, etc.)

in order to enable it to drafting protocols or preliminary contracts (for example, a promise or compromise of sale) for its customers.

The notary also intervenes to drawing up and drafting the final act desired by its customers (for example deed of sale, marriage contract, donation, will, condominium rules etc.). This act must be in accordance with the law and the will of the parties.

After signing of the act, the notary ensures:

  • The administrative and tax formalities (registration, payment of duties, capital gains, etc.)
  • The formalities for land advertising (deed filing, mortgage audits, third-party effectiveness to third parties).

Preservation of documents

For 75 years (or 100 years if the act concerns a minor), the notary is obliged to keep the notarial deeds he has drawn up.

After this period, the notary hands over the originals to the departmental archives (or national archives for Paris).

The parties may therefore consult the act at the notary for 75 years (100 years if it concerns a minor). Then, they can request the communication of the act to the departmental or national archives.

Who shall I contact

FYI  

For notarial deeds relating to immovable property, other consultation rules shall apply.

It is mandatory to call on a notary to establish the following acts:

Please note

Persons wishing to enter into a civil solidarity pact (Civil partnerships) must register their joint declaration of Civil partnerships by contacting either a registraror to a notary.

The tasks performed by the notary are fee-paying. Each customer must pay notary fees.

These fees include 3 types of sums:

  • The taxes that the notary receives to remit them to the tax administration. They vary according to the nature of the act (e.g. contract of sale) and the nature of the property concerned (e.g. apartment, furniture, etc.).
  • The disbursements (e.g., survey document costs, urban plannings, mortgage statements, etc.)
  • The remuneration of the notary constituted of emoluments and/orfees.

FYI  

There is a list of all acts for which emoluments must be paid. Apart from the strictly tariffed acts, the parties (notary and client) freely agree on a fee for the desired services.

Upon closing the file, the notary must give the person who paid the fees:

  • A statement of account
  • A detailed statement of fees that must show the fees paid to the Treasury, disbursements, emoluments with the reference of the applicable tariff and freely agreed fees.

This discount is mandatory even if the customer does not claim it.

The notary has an obligation to respect the rules ethics of his profession.

The regional or interregional council to which each notary is attached is responsible for ensuring compliance with these professional rules.

Duties of the notary

The notary is a public officer. He must therefore carry out his duties with loyalty, neutrality, impartiality and act honestly (avoiding any conflict of interest or any offense). He cannot perform any act contrary to the law.

He must also fulfill his duty of advice and respect professional secrecy.

The notary is bound by a general and absolute professional secrecy which covers the acts, files and information of which he has knowledge in the exercise of his functions. This means that he cannot reveal or disclose to third parties the information obtained during his mission.

The notary must keep this information secret, except in cases where the law allows it or requires him to reveal certain information (for example: in the context of a judicial procedure or in case of request from the tax or customs authorities).

Prosecution in case of non-compliance by the notary with his professional duties

Failure by a notary to comply with professional duties may result in 3 distinct types of prosecution, which may accumulate:

  • Civil liability: the notary who commits a civil fault (for example, failure to comply with its obligation to authenticate an act, the effectiveness/validity of the act, its duty to provide advice and information, or failure to verify identity or capacity of the parties) may be sued in order to obtain payment of damages and interest to make good the damage suffered
  • Disciplinary liability: any violation of laws and regulations, violation of the rules of the profession or any act contrary to probity or honor may give rise to disciplinary proceedings before the bodies of the profession
  • Criminal liability: the notary who commits a offense (for example, forgery in public or authentic writing, fraud, breach of professional secrecy or destruction or misappropriation of documents and funds) may be prosecuted and sentenced to criminal punishment.

People who meet a litigation with a notary may, in the first place, enter ombudsman of the notariat.

Each notary is competent throughout the national territory except in New Caledonia, French Polynesia and the Wallis and Futuna Islands.

It is possible to choose a notary who is not close to his home.

A client can also change notary before the signature of the act.

The contact details of each notary can be found in the directory of notaries in France.

Who shall I contact

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