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Notary tariffs: emoluments and fees

As the notary carries out a function of public interest, the remuneration for the notarial service is strictly regulated and is subject to a tariff. Therefore, the clients retain the guarantee of predictable and transparent remuneration.


Regulation of the notary tariffs

This tariff was set by the decree dated March 8, 1978 and was modified four times:

  • by the decree dared May 16, 2006,
  • by the decree dated March 21, 2007.
  • by the decree dated February 17, 2011
  • last but not least, by the decree dated February 26, 2016, by the decree dated February 26, 2016 and the decree dated October 28, 2016 to meet the objectives of the Macron law of August 6, 2015 (mainly articles 50, 51 and 52 of its initial version under the chapter entitled "Conditions for exercising regulated legal professions").
  • The regulated rates for notaries (known as emoluments) remain stable until February 29, 2020 (Decree of February 27, 2018 setting the regulated rates for notaries).

The new regulation

The decree dated February 26, 2016 revoked the decree dated March 8, 1978 (article 10 3 °) and made certain transitional provisions which are included in the decree of the same day in its article 3.

The decree dated February 26, 2016 sets the regulated prices for notaries by inserting the new provisions into the articles of the Commercial Code that it created.

The decree dated October 28, 2016 corrects several material errors in the decree of February 26, 2016 setting the regulated prices for notaries, completes the list of fees received by notaries and clarifies the prices, which are applicable to those services provided by virtue of the local law in the departments of Bas-Rhin, Haut-Rhin and Moselle.

Transitional provisions: services provided before May 1, 2016, or the performance of which gave rise, before March 1, 2016, to the payment by the customer of a deposit or a provision, or to the commitment by the one of the notaries in terms of costs or disbursements , remain subject to the old tariff.

Priced and non-priced acts

A distinction needs to be made between priced acts (sales, donations, marriage contracts, inheritances, etc.) for which the notary receives a fees , from non-priced acts which undergo free fees.


What do the "notary tariffs” comprise?

The amount paid to the notary, commonly and wrongly known as "notary fees " actually includes:

  • Taxes (around 8/10th of fees ): Amounts that the notary is required to collect and repay which goes to the State and to local communities, on behalf of the client. They vary depending on the nature of the act and the nature of the asset. They represent the essential elements of "notary fees".
  • Disbursements (1/10th of fees): Amounts paid by the notary on behalf of the client and used to pay the various stakeholders and/or to pay the cost of the various documents, but also to pay the exceptional costs incurred at the client's request (e.g. certain travel expenses).
  • Notary’s remuneration (1/10th of fees): Expenses of the notarial office, collaborators and notary (emoluments, fees).

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Fixed and proportional fees

The emoluments are part of the notary’s remuneration. These can be proportional or fixed. In any case, you can know the price of the act you wish to round off. To do so, you must consult table 5 of Appendix 4-7 of the Commercial Code, in order to note the reference number of the act which is concerned, then the decree dated February 26, 2016 which refers to the article of the Code of trade that it created in its article 2 and gives the applicable rates (proportional or fixed) of this act. As the acts are classified in ascending order, it is easy to find the price of the act.

Note: This is the "Orders" part of the Commercial Code, i.e., an article number starting with "A" created by article 2 of the order mentioned above.

Fixed fees

The formality fees are fixed and correspond to the steps taken by the notary before and after signing.

Example 1: notoriety after death, I find the act under number 13 in table 5.

I then consult the decree dated February 26. It provides the regulations for the act numbered 13 in article A 444-66 of the Commercial Code created by Decree dated February 26, 2016 - art. 2

The notoriety (numbers 13 to 15 of table 5) gives rise to the perception: "1 ° A fixed fee of 57.69€, in the case of notoriety after death, noting the transmission of property by inheritance "...

Example 2: donation between spouses, I find the deed under number 22 in table 5.

I then consult the decree dated February 26. It provides the regulations for the act numbered 22 in Article A 444-69 of the Commercial Code created by Decree of February 26, 2016 - art. 2

The acts relating to donations between spouses (numbers 22 and 23) of the table mentioned in article A. 444-53 leads to the collection of the following emoluments:

Cost of the act for a donation between spouses

SERVICE NUMBER

(table 5 of article annex 4-7)

DESIGNATION OF THE SERVICE

EMOLUMENT

22

Donation between spouses, during the marriage

115,39 €


Example 3: posthumous mandate, I find the act under number 35 in table 5.

I then consult the decree dated February 26. It provides the regulations for the act numbered 35 in article A 444-79 of the Commercial Code created by Decree of February 26, 2016 - art. 2

The acts relating to the posthumous mandate (numbers 35 to 38 of table 5) give rise to the collection of the following emoluments:

Cost of the act for a posthumous mandate

SERVICE NUMBER

(table 5 of article annex 4-7)

DESIGNATION OF THE SERVICE

EMOLUMENT

35

Establishment of the posthumous mandate

115,39 €

 


Example 4: Initial or amending Civil union, I find the act under number 40 in table 5.

I then consult the decree dated February 26. It provides the regulations for the act numbered 40 in article A 444-81 of the Commercial Code created by Decree of February 26, 2016 - art. 2

The initial or amending civil solidarity pact (number 40 in table 5) gives rise to the collection of a fixed fee of 192.31€.

Example 5: the elements of formality which often accompanies the carrying out of an act also varies for each act and the amount is specified in the same way in the article of the Commercial Code created by the decree of February 26, 2016 for the number act concerned.

I consult Article A 444-173 of the Commercial Code amended by Decree of October 28, 2016 - art. 11 Paragraph 3: Other miscellaneous formalities .

The services listed in numbers 212 to 219 of table 5 lead to the collection of the following fees:

Cost of formality elements

SERVICE NUMBER

(table 5 of article annex 4-7)

DESIGNATION OF THE SERVICE

EMOLUMENT

212

Executory copy, authentic, through extract

1.15 €

213

Copy on plain paper

0.38 €

 

The proportional fees

The drafting fees are proportional to the value to which the act relates; their amount and the method of calculation are set by law. Therefore, all clients pay the same amount for the same transaction, regardless of how complex the file may be or the notary’s location.

Example 1: donation accepted regardless of the distinction of line; I find the act under number 16 in table 5. It gives the regulations of the act with the number 16 in article A 444-67 of the Commercial Code created by Decree of February 26, 2016 - art. 2.

Acts relating to a donation inter vivos (numbers 16 to 19 of table 5) lead to the collection of a fee which is proportional to the value in full ownership (including in the event of a usufruct reserve) of the assets donated by each donor:

1 ° According to the following scale, with regard to inter vivos donation accepted without distinction of line:

Rate applicable for a donation inter vivos

INSTALLMENT DIVISION

APPLICABLE RATE

From 0 till 6 500 €

4,931 %

From 6 500 € till 17 000 €

2,034 %

From 17 000 € till 60 000 €

1,356 %

More than 60 000 €

1,017 %


Example 2: Sale or transfer through mutual agreement of classic real estate, I find the act under number 54 in Table 5.

I then consult the decree dated February 26. It provides the regulations for the act numbered 54 in article A 444-91 of the Commercial Code created by the sale or transfer through mutual agreement (number 54 of table 5) leading to the collection of a proportional fee, according to the following scale:

Rate applicable for a conventional sale or transfer of real estate

INSTALLMENT DIVISION

APPLICABLE RATE

From 0 till 6 500 €

3,945 %

From 6 500 € till 17 000 €

1,627 %

From 17 000 € till 60 000 €

1,085 %

More than 60 000 €

0,814 %


Note: "The sum of the emoluments received by the notary for services related to the transfer of a property or a real estate right shall not exceed 10% of the value of this property or right" without being able to be less than a minimum from 90 €. (Article R444-9 of the French Commercial Code in its regulatory section). This limit mainly concerns low-value real estate transactions such as land or property located in rural areas, or common areas, cellars, and parking lots in urban areas.

Get access to all the information on real estate purchase costs.


Discount on notary fees

These are strictly set by article A444-174 of the Commercial Code created by article 2 of the decree of February 26, 2016.

When can one get a discount?

It is only possible for services that are subject to proportional tariff remuneration, when these services relate to acts above 150,000 euros.

What is the discount rate and the calculation basis?

A maximum of 10% applicable to the part of the fee calculated on the installment division, greater than or equal to 150,000 euros.

In some cases (offices, industrial estates, social housing, Dutreil agreements, etc.), 40% maximum is applicable to the portion of the fee which is calculated on the base installments that are greater than or equal to 10 million euros.

Who decides to apply the discount?

Subject to observing these regulations, it is up to the notary to decide per category of services whether or not a discount needs to be applied to the rate and in the areas he shall choose. This rate will be guaranteed to all clients of the office for any service of the same category. On the other hand, a discount cannot be negotiated between a notary and his client. The notary must display and publish the discount rates applied by category of acts and range of installments, in its office and website. As long as the latter complies with this obligatory information, the notary can modify the discount rates it practices for new cases.

What if several notaries offer the same service?

Each notary applies to the client its discount on the emoluments which are due to the latter.


For which acts does the notary receive fees?

Services for acts that do not appear in table 5 of the decree dated February 26, 2016 give rise to remuneration which are freely agreed between the notary and the client. This concerns fees (Article R444-16 of the Commercial Code created by Article 2 of the Decree dated February 28, 2016); (Examples: sale of business assets , commercial leases, company acts, legal advice).

Note: since March 1, 2016, real estate negotiation and transaction activities now give rise to fees . The same applies to client consultations which are related to services that are separable from the preparation, drafting or carrying out the act.

Obligation : Setting these fees gives rise to an agreement signed between the notary and its client.