Legislator Case Law & Legislation
AU 10 5 • AUK LU AU 10 5 AI generated

Lucerne Lawyer-Notaries Practicing Under Corporate Entity Conditions

Case Number AU 10 5
Court / Authority
Jurisdiction Switzerland · Canton of Lucerne (CH-LU)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The supervisory authority ruled on the permissible conditions under which notaries who are also registered lawyers in the Canton of Lucerne can practice their notarial activities under the umbrella of a corporate entity (AG or GmbH). The court reasoned that this practice is allowed if the company is exclusively controlled by registered lawyer-notaries, the lawyer-notary is employed by or holds an office in the company, and crucially, the notarial activity is performed in the lawyer-notary's own name and at their own risk, ensuring personal liability for all notarial legal relationships, including financial and disciplinary matters, although fee assignment to the company and liability insurance payment by the company are permitted. Furthermore, the company's purpose must not be misleading regarding the provision of notarial services, and the lawyer-notary must maintain absolute independence from the company concerning their notarial duties, especially regarding directives and professional secrecy.

Legislator headnote

AI generated

§ 5 Abs. 1 lit. a BeurkG; Lucerne Lawyer-Notaries Practicing Under Corporate Entity Conditions: The court reasoned that this practice is allowed if the company is exclusively controlled by registered lawyer-notaries, the lawyer-notary is employed by or holds an office in the company, and crucially, the notarial activity is performed in the lawyer-notary's own name and at their own risk, ensuring personal liability for all notarial legal relationships, including financial and disciplinary matters, although fee assignment to the company and liability insurance payment by the company are permitted. Furthermore, the company's purpose must not be misleading regarding the provision of notarial services, and the lawyer-notary must maintain absolute independence from the company concerning their notarial duties, especially regarding directives and professional secrecy.

Keywords

AI generated
notary legal entity provision of services insurance company professional liability insurance financial provisions

Cited Legislation

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Key legal questions extracted by Legislator

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§ 5 Abs. 1 lit. a BeurkG

This provision is cited as the legal basis for the condition that the lawyer-notary must hold an office and/or be permanently employed by the company.

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Full text

Rechtsprechung Luzern

Instanz: · Aufsichtsbehörden und Kommissionen Abteilung: · Aufsichtsbehörde über die Urkundspersonen Rechtsgebiet: · Beurkundungsrecht Entscheiddatum: · 18.01.2012 Fallnummer: · AU 10 5 LGVE: · 2012 I Nr. 23 Leitsatz: · § 5 Abs. 1 lit. a BeurkG. Weisung betreffend Notariatsgesellschaften. Rechtskraft: · Diese Entscheidung ist rechtskräftig.