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.

Information provided by The Franco British Network is for guidance and does not constitute legal, professional or commercial advice. While every care has been taken to ensure that the information is useful and accurate, The Franco British Network gives no guarantees, undertakings or warranties in this regard, and does not accept any legal liability or responsibility for the content or accuracy of the information so provided, or, for any loss or damage caused arising directly or indirectly in connection with reliance on the use of such information.

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