Frequently asked questions about Le rôle du notaire

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I jointly own a property with my sister following our mother’s death. If we want to draw up a co-ownership agreement, do we need to go to a notary?

Yes. Any co-ownership agreement governing the management arrangements for jointly owned real property must be executed as a notarised deed. Indeed, to make it enforceable against third parties, the agreement is subject to land registration formalities (French Civil Code, Arts. 815-1, 1873-2 and 710-1, para. 1).
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My notary refuses to establish the act for which I requested him, because I have not transferred the advanced costs, he asked me to the office account. Does he have the right?

Yes, because the National Notarial Regulations ( article 9-1) expressly forbids him from receiving an act without having provisioned a sufficient amount, to cover the expenses, rights, emoluments and fees. The notary cannot consent to his client in advance, through any form or capacity.
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I want to sell my business. Am I required to use a notary?

No. No legal provision requires a notary to be involved in the sale of a business. However, the sale must comply with Articles L141-1 to L141-22 of the French Commercial Code, which impose strict formal requirements. It is therefore strongly recommended to use a notary.
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My father has just passed away. He had very little wealth. Am I required to have an act of notoriety to unlock my bank assets?

Everything will depend on the total amount of the deceased's financial assets. To be able to obtain the payment of the funds, you must provide the bank with an affidavit drawn up by a notary if the amount is greater than 5000 euros. On the other hand, if the amount…
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Can we still contact a notary during containment? And if yes, how?

Yes. In accordance with the measures of Decree No. 2020-260 dated March 16, 2020, the approximately 6,000 notarial offices have closed their reception to the public since March 17, 2020. But about 90% of them continue their activity remotely. They can be reached by phone, email and videoconference. Notaries are…
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