There are significant differences between the roles and functions of an English solicitor and a French notaire. Understanding this difference may help you understand how this part of the French legal system works. If you want to know more read on.
In France, notaires are not only qualified lawyers, such as English Solicitors, but also public officers. Appointed by the Minister of Justice to act on behalf of the State, their duty is to the ‘transaction’ involved and to ensure everything is done legally and registered properly.
Notaires are empowered to authenticate deeds with their seal and signature, officially witnessing the wishes expressed by the parties involved and providing a personal guarantee of the deed’s contents and date. This action gives a deed the legal status of a final judgment which cannot be challenged in court without involving a highly complex procedure, thus ensuring robust legal security.
Notaires are directly responsible for the deeds they receive and for any monies entrusted to them, and the Chambre des Notaires guarantees their services.
Notaires can operate in almost every area of law. They have a monopoly in matters relating to purchases, sales, exchanges, co-ownerships, land plots, leases, mortgages and inheritance. Their remit also covers company law, countryside law, local authorities, etc.
The key role of a notaire is to ensure every client fully understands their rights and obligations under the deed, authenticate the deed and the transfer of funds, and register the deed with the various public authorities and land registry. Upon completion of a transaction, they have an obligation to collect all taxes and pay them to the relevant authorities. Finally, they deliver authentic copies of the deeds and retain the original document for 75 years.