Official website of Notaires de France

The Notarised Authentic or Administrative Instrument

  • Instrument with public entities

    • The law allows instruments with public entities to be recorded by notaires in their capacity as public officers and by mayors, presidents of département Councils or Prefects who are also public officers.­

    • Clearly mayors, presidents of département Councils or Prefects can only record instruments that make an undertaking on behalf of their community.

    • They can therefore not carry out the releases after the administration of their instruments.

  • The advantage of notarised instruments for communities

    • In addition to the impartiality guaranteed by notaires, the primary advantage of notarised instruments is the great technical and financial guarantee they give the contracting parties.

    • Mayors are aware of this and we are seeing an increasing number of instruments being recorded by notaires and a marked decrease in administrative instruments. The only exception is for certain types of specific instruments relating particularly to highways and unused street/road areas.

    • notarised instrument is the only document that can guarantee and limit liabilities of mayors in both civil and criminal matters.­

See also


The role of the Notaire