Yes. The French Commercial Code (Articles A444-53 et seq.) sets out the notary’s fees, known as emoluments, which represent the notary’s remuneration. However, the total cost of a donation deed includes several other components: Registration duties (droits d’enregistrement) payable to the tax authorities; Value Added Tax (VAT) applicable to certain…
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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.
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.
Do I have the right to change my notary when I have already made a last living gift to him 15 years ago? Do you have to justify this request? Notary David Ambrosiano answers your questions on BFM Business's "Le Club du Droit / Passez-moi le notaire" program. The answer…
Yes. An acknowledgement of debt may be executed as a private deed if it states the amount of the debt in figures and words and bears the signature of the person undertaking the obligation (French Civil Code, Art. 1376). It may also be drawn up as an authentic instrument. A…