Notary Act (NotG) - Notary Public Persons (NOTG)

1. Persons deemed notaries under this law include

a) Licensed female notaries and licensed male notaries;

b) Regional female notaries and regional male notaries;

c) Land registry administrators and their deputies, both female and male.

2. The title "Notary" may only be used by a licensed notary person, and the title "Regional Notary" may only be used by a notary person appointed and serving by the government.

1. Patent Notaries are responsible for all public notarizations. They perform their duties throughout the entire territory of the canton.

2. Regional Notaries are responsible for notarizations within their local jurisdiction, meaning legal transactions involving real estate that is entirely or partially located within their area, and for other transactions, provided that at least one party to the document resides or has their registered office within the jurisdiction. They perform their functions within their designated area. The local jurisdiction is determined by the decision of the government.

3. Land Registry Officers are responsible for notarizations of legal transactions concerning real estate within their land registry district. If these transactions are connected with matters of personal, marriage, family, registered partnership, inheritance, corporate law, or involve a life annuity contract, their responsibility is exempted, except for contracts regarding the assignment in anticipation of future inheritance and the contribution of real estate to partnerships.

4. If a property extends over multiple land registry districts, the Land Registry Officer of the district in which the largest part of the property is located is responsible.

1. Patented notaries are responsible for all notarizations throughout the entire canton area.

2. Regional notaries are responsible for all notarizations within their jurisdiction.

3. Land registry officials are responsible for all notarizations within their land registry district. Subject to official identity certifications according to federal law.

4. Municipal clerks are responsible for all notarizations in their office and must apply Articles 26 et seq. mutatis mutandis.

1. The High Court elects the five members of the Notarial Commission and the three deputies for a term of four years. Replacement elections during the term of office are possible.

2. The Notarial Commission shall generally consist of

a) * Licensed notaries;

b) * At least one licensed land registry administrator;

c) * Three deputies, who are either licensed notaries or licensed land registry administrators.

3. The Notarial Commission constitutes itself. It appoints a secretariat and a clerkship. The President designates the service address for the Notarial Commission and announces it publicly.

3bis Administratively, the Notarial Commission is affiliated with the High Court.

4. The government sets the remuneration and compensation for expenses for the members of the Notarial Commission.

1. The Notarial Commission is the supervisory authority over the entire notarial system.

2. Its responsibilities include, in particular

a) conducting examinations, issuing certificates of competence, and administering oaths to licensed notaries;

b) ordering inspections;

c) granting exemptions from professional confidentiality;

d) deciding on matters of incompatibility and recusal;

e) handling appeals against fee decisions made by notary personnel;

f) addressing reports and complaints against notary personnel;

g) initiating and conducting disciplinary investigations and imposing disciplinary measures;

h) * communicating recommendations and providing information on notarial matters of general importance;

i) * carrying out tasks related to electronic certification and electronic notarization that have not been assigned to another authority.

3. ...

1. The Superior Court exercises supervision over the Notary Commission.

2. It has the same supervisory means and resources with respect to the Notary Commission and its members as it does with respect to the judicial authorities and their members that are under its direct supervision. The provisions of the Court Organization Act concerning judicial supervision apply mutatis mutandis.

3. The Superior Court decides on the release of commission members from their duty of confidentiality for statements before other authorities and for the submission of documents.

1. The notarial commission appoints one or more notarial inspectors and orders periodic inspections of the official conduct of notarial persons.

2. The official conduct of the land registry administrators is generally inspected by the cantonal land registry inspectorate.

3. The notarial persons are obliged to provide the inspecting person with all requested information regarding their official conduct and to present all requested documents.

4. The inspecting persons report to the notarial commission.

5. The government sets the remuneration and expense allowances for the inspecting persons. It may deviate from the rates provided in Article 70 of the Employment Relationship Act for the Employees of the Canton of Graubünden.

1. Notaries and their assistants, the notarial commission, and individuals entrusted with inspections are required to maintain confidentiality regarding their activities and observations in the exercise of their duties.

2. Facts that are publicly known or accessible in public registers are not subject to the duty of confidentiality.

1. A person may not serve as a notary public if

a) they are employed full-time or primarily in the service of the federal government, a canton, a region, or a municipality;

b) they are employed by or have a significant interest in an enterprise subject to the Swiss Banking Act.

2. There are no incompatibilities pursuant to paragraph 1, letter a, for land registry administrators.

3. The Notarial Commission may grant exceptions in individual cases.

1. Insofar as this Act contains no specific provisions, the Law on Administrative Procedure applies to all proceedings before the Notary Commission.

2. Decisions of the Notary Commission may be appealed to the Higher Court within 30 days of the reasoned notification.

3. The Notary Commission may issue decisions on the notarial examination in the operative part. The affected parties may request a reasoned decision in writing from the Notary Commission within ten days of the notification. Article 48 of the Law on Administrative Procedure applies accordingly.

1. Admission to the notary examination is granted to those who hold a certificate of competence for attorneys-at-law.

2. The examination consists of a written and an oral part. It is conducted and assessed by three members of the notary commission, who must themselves hold a certificate of competence for notarial officers.

3. Anyone who fails the examination for the third time may not be admitted to any further examination.

4. Once started, examinations may only be discontinued for important reasons. If an examination is discontinued without sufficient reason, it is considered failed.

5. If a person acts dishonestly during the examination, the notary commission may declare the examination as failed.

1. Whoever has passed the examination shall receive the Graubünden Certificate of Competency for Notarial Personnel in the form of a diploma from the Notarial Commission.

1. The Cantonal Notary Patent is granted by the Notary Commission upon application to a person who

a) possesses the Grisons Certificate of Competence for Notaries;

b) holds Swiss citizenship or a residence permit;

c) has residency in a municipality in the Canton of Grisons;

d) is of good repute and offers assurance of diligent conduct in office;

e) has no grounds for incompatibility.

1. The President of the Notary Commission administers the oath (or solemn affirmation) with the following formula

"As a licensed notary, you swear to God (or affirm) that you will fulfill all the duties of your office to the best of your knowledge and belief."

"I swear (or affirm) it."

2. After the swearing-in, the President of the Notary Commission hands over the licensing decision, stamp, and seal.

1. The notarial patent is terminated by renunciation, death of the holder, or revocation.

2. Notaries holding a patent who no longer fulfill one of the prerequisites mentioned in Article 12 must immediately inform the Notarial Commission.

1. The Notarial Patent may be revoked

a) by judicial order according to the Swiss Criminal Code;

b) by administrative order of the Notarial Commission, if a case under Article 14 paragraph 2 occurs and the notarial person does not wish to relinquish their patent;

c) by disciplinary measure of the Notarial Commission according to Article 46 paragraph 1.

1. The regional committee may submit an application to the government for the election of a regional notary for a specifically designated jurisdiction.

2. The local jurisdiction must be clearly defined in the application.

3. The regional committee must demonstrate that the proposed candidate is professionally and personally qualified.

4. Only individuals who meet the requirements outlined in Article 12, letters b to e, and who are proficient in the official language of the relevant jurisdiction are eligible.

1. The government selects one to three regional notaries, depending on the need, for a specific local jurisdiction within a region.

2. The appointment is made for a term of four years. In the event of a vacancy, the appointment is made for the remaining duration of the current term.

3. The government communicates its decision in writing to the regional committee and the notarial commission. The decision must also be appropriately announced.

1. The compensation of the regional notaries is governed by the fees in accordance with the Ordinance on Notary Fees.

2. If the regional notary is simultaneously elected as a land register administrator, the compensation is provided by the land registry districts. The fees for the official acts of the regional notaries accrue to the land registry districts.

1. The regional notary is sworn in by the president of the Notary Commission. Article 13, paragraph 1, applies mutatis mutandis.

2. After the swearing-in, the president of the Notary Commission hands over the patenting decision, stamp, and seal.

3. The Notary Commission conducts periodic training courses for regional notaries. Attendance at these courses is mandatory for all regional notaries who are not licensed notaries.

1. The office of the regional notary ends

a) through resignation or death of the officeholder;

b) upon expiration of the term of office;

c) through revocation of notary authorization in analogous application of Article 15.

2. The department shall notify the notary commission in writing of cases under paragraph 1, litera a and b.

3. In cases under paragraph 1, litera c, the notary commission shall notify the government and the respective region of its initiation decisions and resolutions.

4. Upon termination of office, the records must be delivered to the respective region.

1. Any person assuming the duties of a land registry administrator shall be a notarial officer in the sense of Article 1, paragraphs 1 and 2.

2. The land registry administrator shall be sworn in as a notarial officer by the cantonal land registry inspector. Article 13, paragraph 1 shall apply mutatis mutandis.

3. The cantonal land registry inspectorate shall report the election to the Notarial Commission.

1. The Office of the Land Registry Administrator as a Notarial Person ends

a) upon departure from office;

b) through the withdrawal of the notarization authorization in analogous application of Article 15. Furthermore, Article 18 paragraphs 3 and 4 apply by analogy.

1. The notarial officer must assess their jurisdiction in each official transaction. The officer is obligated to undertake an official transaction that falls within their jurisdiction.

2. The notarial officer must refuse an official transaction if

a) a conflict of interest as described in Article 22 is present;

b) an illegal, immoral, or impossible transaction is to be performed.

3. The notarial officer may refuse an official transaction if

a) timely execution is burdensome and can be otherwise ensured;

b) a requested and justified advance payment of costs is not provided.

1. The notary public must refrain from participating in the execution of a public deed if they are involved either actively or passively, particularly when

a) they themselves, their spouse, registered partner, or a person with whom they have a de facto domestic partnership, their direct relatives, their siblings, or the spouses and registered partners of these individuals are directly involved or represented, or if a disposition is made in favor of them or these individuals;

b) a general or limited partnership to which they belong as a member is involved or if a disposition is made in its favor;

c) a corporate body or institution of private or public law, of which they are a member, is involved;

d) they are hostile to a party or otherwise interested due to a membership or dependency relationship;

e) there are other circumstances that establish a direct or indirect interest of the notary public in the certification transaction or no longer ensure objective fulfillment of duties.

2. The procedural provisions of the Court Organization Act apply mutatis mutandis to the invocation or contestation of a ground for disqualification.

1. The notary public may only record facts or events which they have personally observed. They must draft certification formulas and public documents unambiguously according to their observations.

2. The notary public may allow a protest of a bill of exchange or check to be accepted by an assistant.

1. The notary has the duty to prepare and execute their official acts diligently. They must not assist in transactions that are not compatible with law or good morals.

2. They are required to safeguard the interests of the parties equally and objectively. They must ensure the observance of good faith.

3. They must ascertain the intentions and objectives of the parties, inform them about the content and apparent implications of the transaction, and strive to eliminate contradictions or ambiguities. They must not influence the parties' free decision-making.

1. Every notary shall maintain registers in which all their authenticatings and notarizations are to be entered consecutively.

2. They must keep an originally signed copy of each public document as well as the associated annexes and evidence.

1. The certification formula shall be affixed to the document to which it pertains. The notary public may also create an attachment and appropriately connect it to the relevant document.

2. The notary public shall append the place, date, their signature, and their seal to each certification formula.

3. The certification formula is permitted in any language sufficiently mastered by the notary public.

4. The notary public may execute electronic certifications in accordance with federal law provisions.

1. By certification, the notarial officer attests that a signature or a mark has been made or acknowledged by the person in question in their presence, or that its authenticity is established for them in another unequivocal manner.

2. The notarial officer records in the certification clause that the person in question is either already known to them or has proven their identity.

3. In the case of a mark, the notarial officer also records in the certification clause the reason why the person in question cannot sign.

1. By certification, the notary public attests that a copy, transcript, or specific excerpt accurately and completely reflects the content of a document presented to them.

2. The transcript and excerpt must reproduce the spelling errors, deletions, insertions, and the like contained in the presented document.

3. In the certification clause, the notary public records whether the presented document is an original or not.

1. By means of the certification, the notary attests to when and by whom a document is presented to them.

2. In all other respects, Article 27, paragraph 2, and Article 28, paragraph 3, shall apply.

1. If representation is permissible under federal law, the representative must present a proper written power of attorney. The validity of the power of attorney is determined by the notarial officer.

2. The notarial officer must record the representation in the notarization formula and take the power of attorney as evidence.

1. The creditor may, in all dealings related to mortgage rights that do not obligate them, declare in advance with simple written form that they consent to the content of the public deed.

**1. The Notary Public must verify the identity of the appearing parties and record the result in the notarization formula.**

**2. If the Notary Public deems a person, who is to make a legally significant statement, as lacking capacity, they must refuse further participation. In cases of doubt, they may proceed with the notarization and include a reservation in the notarization formula regarding their observations and assessments.**

1. During the notarization of declarations of intent, all participating persons must be present. The procedure must be conducted without substantial interruption.

2. The participating persons must either read the public document themselves or have it read to them by the notary and then expressly approve it and sign it by hand.

3. Reserved are special forms of notarization according to federal law and other provisions of this Act.

1. The attestation clause consists of the notary public formally confirming at the end of the public deed that it has been brought to the attention of the parties, contains the will of the parties as communicated to the notary, and has been signed by them. The notary public appends the location, date, their signature, and their seal to this confirmation.

2. ...

1. The notary shall authenticate resolutions of meetings or sessions by preparing minutes as a public deed. They are required to attend the authenticated meetings or sessions.

1a. The notary may authenticate resolutions of meetings or sessions made in writing or using electronic means, provided that their participation is ensured and federal law permits this form of decision-making.

2. The minutes must contain at least the information required by federal law, as well as the determinations of the chairperson regarding convening, attendance, and quorum, along with any objections raised concerning the proceedings.

a) * ...

b) * ...

c) * ...

d) * ...

3. The notary shall append the location, date, their signature, and their seal to these minutes.

4. They are entitled to prepare and sign the public deed only after the meeting or session has concluded.

1. The notary public shall record the transaction or condition to be notarized as precisely as possible in a protocol as a public document.

2. The protocol must include at least

a) Identification of the client and the official act;

b) Specification of place and date;

c) Description of the transaction or condition.

3. Additionally, Articles 35 paragraphs 3 and 4 shall apply.

1. The parties may either present the document to be notarized already drafted to the notarial person or commission its drafting.

2. Every public document must be prepared in a clean manner with easily legible writing. The paper used and the writing materials employed must be of good and durable quality. Erasures or cut-outs are prohibited.

3. Documents declared to be integral parts of a public document (plans, lists, statements, etc.) must be suitably attached to it, dated at their end, initialed by the parties, and provided with the signature and stamp of the notarial person.

1. The public document is permissible in any language that the notary sufficiently masters.

2. The notary shall engage a reliable translator at the expense of the concerned party if the party does not adequately understand the language used in the public document, or if the document is drawn up in a foreign language or in a language not customary in the canton, and the notary cannot adequately translate themselves.

3. The translator must sign the public document to confirm that the translations were made completely and to the best of their knowledge. The same grounds for disqualification apply to translators as to notaries.

4. The notary must record the translator and the performance of the translations in the notarization clause.

1. If a party declares that they cannot sign with their name nor affix a mark, the notary must record the reason in the certification formula.

2. If a party is deaf, they must read the public document themselves.

3. If a party is mute, they must confirm with their signature on the public document that it aligns with their will.

4. If a person is deaf-mute, both paragraphs 2 and 3 apply cumulatively.

5. If a party is blind, before signing, they must explicitly declare to the notary that they have fully understood the contents of the public document read to them.

6. If a party has multiple aforementioned disabilities, the notary must proceed in an appropriate manner and, if necessary, consult reliable experts. For such experts, Article 38 paragraphs 3 and 4 apply accordingly.

1. No public deed is created if

a) the notary is not competent to authenticate the document;

b) the notary violates the duty of recusal pursuant to Article 22, Paragraph 1, Letters a to c;

c) the notary has not personally witnessed the declarations of intent, processes, or conditions being certified;

d) a party has not received notice or consented in the prescribed manner;

e) the place, date, or signature of the notary is missing in the authentication formula.

2. Federal legal provisions remain reserved.

1. Any amendments requested by the parties to the deed during the notarization process must be made immediately by the notary, affixed with their seal, dated, and signed.

2. If technical details pertaining to registration need to be recorded or amended after the notarization has been conducted, the notary may proceed in accordance with paragraph 1 without involving the parties.

3. If other details, not subject to notarization, are to be recorded or amended after the notarization has been conducted, a written declaration of consent from the affected party is required, along with notification to all parties to the deed.

1. The Criminal Liability of the Notary Public is Governed by the Provisions of the Swiss Criminal Code.

1. Liability for damages wrongfully caused in the course of notarial activities rests with

1. the canton for licensed notaries and land registry officials;

2. * the canton for regional notaries;

3. the municipality for municipal clerks.

2. In other cases, financial liability is governed by the provisions of the cantonal state liability law.

3. The canton insures itself against claims for damages that are brought against it due to the notarial activities of notaries. The personal liability of the notaries is co-insured.

4. The government sets the minimum insurance requirements applicable to all notaries in the implementing ordinance.

1. Everyone is entitled to inform the Notarial Commission of breaches of official duty by notaries.

1. Any notary who culpably violates official duties or acts against the reputation of the notarial profession shall be subject to disciplinary action.

1. Disciplinary Measures are

a) Reprimand;

b) Fine up to 20,000 Swiss Francs;

c) Revocation of license or suspension from office for up to four years;

d) Permanent revocation of license or removal from office.

2. Individual disciplinary measures can be combined.

3. The Notarial Commission takes into account, in particular, the severity of the breach of official duty and the resulting risk, as well as the degree of fault and the notarial person's previous conduct in office.

1. Disciplinary prosecution becomes time-barred one year after the supervisory authority becomes aware of the questioned incident.

2. The limitation period is interrupted by any investigative action taken by the supervisory authority.

3. In any case, disciplinary prosecution becomes time-barred five years after the questioned incident.

4. If the breach of official duty constitutes a criminal offense, the longer limitation period provided for by criminal law applies.

1. Any person who unlawfully uses the title "Notary" or "Regional Notary" or engages in notarial activities without authorization shall be subject to a fine of up to 5,000 Swiss Francs imposed by the Notaries Commission.

1. The government establishes the fees for official acts, inspections, and orders carried out or issued based on notarial legislation. These fees may amount to a maximum of 30,000 Swiss Francs in individual cases, depending on the effort and complexity of the matter, and are to be borne by the recipients of the services or those affected.

1. The government issues the necessary implementing provisions and, upon request by the Notarial Commission, an ordinance regarding the notarial examination.

**1. Upon the dissolution of the district notary office, district notaries are required to deposit all items subject to safekeeping in the presence of a member of the notarial commission at the respective region.**

2. This requirement can be waived if a regional notary undertakes to retain all items subject to deposit for their own safekeeping.

3. In every case, a transfer protocol must be prepared and handed over to the notarial commission.

4. The new financial supervisory regulations shall apply from the first fiscal year that begins after this law's amendment comes into effect.

1. This law is subject to an optional referendum.

2. The government determines the date of entry into force of this law.

3. New law shall be applied to pending proceedings before the Notary Commission. Disciplinary proceedings are excluded from this, insofar as the old law is more favorable to the affected parties.