The Role of the Notaire in France – Part 2

Following on from the first article about Notaire’s in France

that deals with how the role is different from (but is in some respects similar to) that of a solicitor in the UK, this article lists the specific areas in which a French Notaire operates.

REAL ESTATE

  • When you buy or sell a house in France, you are bound legally to do the paperwork through a Notaire.
  • Notaires advise the best way to buy property according to your wishes; such as a clause of ‘tontine’, a contract of ‘communauté universelle’, buying simply in your own name or in the name of a Company (SCI)
  • Notaires makes the sale legally secure: he writes the sales agreement, the final deed. He or she guarantees proper execution of the contract.
  • They perform all the legal formalities with the land registry after the signature of the final deed.
  • If you sell a house, the Notaire will calculate the capital gains tax, and do the declaration to the tax office.

RURAL ECONOMY

  • Notaires are also specialists in rural laws and can assist farmers in all their transactions: rural leases, sale of rural properties, founding of rural companies.
  • Notaires handle all aspects of business law; choosing the business style that is best suited to you, founding the company and drawing up draft commercial contracts such as transfer of trade business, commercial or professional leases.
  • They also perform all the formalities after the transfer of the business.

FAMILY

  • They also draw up deeds after a death for the transfer of real estate property to the heirs or legatees and undertake the formalities with the banks and various administrations.
  • Notaires advise about family questions: pre-nuptial agreements, gifts, wills, estate planning, divorce.

BUSINESS

  • Notaires handle all aspects of business law; choosing the business style that is best suited to you, founding the company and drawing up draft commercial contracts such as transfer of trade business, commercial or professional leases.
  • They also perform all the formalities after the transfer of the business.

For more information you can consult the website: www.notaires.fr or contact the Chambre Départementale des Notaires.

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