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Payments made or received by notaries on behalf of their clients in connection with an authentic instrument subject to land registration formalities must be made by bank transfer where they exceed €3,000 (French Monetary and Financial Code, Articles L.112-6-1 and R.112-5-I). Outside the scope of this rule, other payment methods may be used.
Mandatory payment by bank transfer
A bank transfer is an electronic transfer of money between two accounts, from the payer’s account to the beneficiary’s account. It may be arranged either through a bank or online.
Payments made by clients to notaries, or by notaries to their clients, must be made by bank transfer where:
• the amount exceeds €3,000;
• the instrument is executed in authentic form;
• the instrument is subject to land registration formalities.
This mainly applies to:
• property sales and preparatory instruments;
• gifts and inter vivos distributions of real property (donations-partages);
• certificates of real property ownership;
• the creation or transfer of rights in rem (usufruct, joint ownership, easements, etc.);
• co-ownership regulations or subdivision regulations;
• mortgage loans;
• long-term rural leases.
Other payment methods
For persons who are resident in France for tax purposes, or who are acting for the purposes of a professional activity, payments may also be made as follows (French Monetary and Financial Code, Articles L.112-6 and D.112-3):
• in cash: up to €1,000;
• by bank card/online payment: up to €3,000 (provided that the notary’s office has the necessary payment facilities);
• by cheque: up to €3,000, or above this amount for instruments that are not subject to land registration formalities;
• and, as a reminder: by bank transfer, which is mandatory above €3,000 for authentic instruments subject to land registration formalities (French Monetary and Financial Code, Article L.112-6-1).
For persons who are not resident in France for tax purposes, who are not acting for the purposes of their professional activity, and subject to certain conditions (French Monetary and Financial Code, Article D.112-3):
• in cash (French Monetary and Financial Code, Articles L.112-6 and D.112-3): up to €15,000;
• by bank card/online payment: up to €15,000;
• and, as a reminder, by bank transfer, which is mandatory above €3,000 for authentic instruments subject to land registration formalities (French Monetary and Financial Code, Article L.112-6-1).
Good to note: In principle, cheques may be used for any transactions that do not fall within the scope of Article L.112-6-1 of the French Monetary and Financial Code. In practice, however, they are now used only very rarely and generally for small amounts.
Bank transfers are by far the preferred payment method because they are traceable and secure. A transfer becomes irrevocable once the transfer order has been received by the payer’s bank (French Monetary and Financial Code, Article L.133-8).
To make a bank transfer, the notary must have your IBAN (International Bank Account Number) and BIC (Bank Identifier Code). These details appear on your French bank account details document (Relevé d’identité bancaire - RIB).
A few precautionary measures
To prevent fraud, particularly the fraudulent substitution of bank account details and email hacking, your notary may:
• prefer bank account details to be provided in person or by signed correspondence;
• avoid sending bank details by email or, where appropriate, verify your bank details by telephone using a number for you that is already known to the notary’s office.
Be wary of:
• changes to bank account details or email addresses while a matter is in progress;
• urgent or inconsistent messages;
• spelling mistakes or typographical errors in electronic communications;
• discrepancies between the bank account details and the identity of the bank.
Always check that your notary’s BIC corresponds to that of the Caisse des Dépôts: CDCGFRPPXXX.
If in doubt, contact the notary’s office directly.