Notary Ordinance (NotV) - Examination Announcement (NOTV)

1. The Notarial Commission conducts a notarial examination annually. The examination is announced by the Notarial Commission in the Cantonal Official Gazette.

2. The application for admission to the examination must be submitted to the Notarial Commission within the announced deadline, along with the Grisons Certificate of Competence for Attorneys at Law, for the decision on admission.

1. The written examination takes place first. It lasts a full day and consists of completing tasks (usually in the creation of legal documents). The Notarial Commission announces the permissible aids.

2. The oral examination lasts at least one hour. It consists of answering questions on general notarial law at the federal and cantonal levels, the Swiss Civil Code with related decrees, and the Swiss Code of Obligations with related decrees. No aids are permitted.

1. Anyone who discontinues an examination must immediately notify the Notary Commission and submit the documents required to prove the important reason.

1. An individual acts dishonestly if they complete the notary examination using unauthorized or undeclared aids or with external assistance.

2. The use of an unauthorized aid is especially considered to include carrying unauthorized communication and information devices.

3. If external assistance is used or an unauthorized aid is employed, the examination supervisor shall immediately confiscate the unauthorized aid, secure evidence of the unauthorized conduct, and inform the Notarial Commission thereof.

1. The examination assessment is graded with the following marks: 6 for excellent, 5.5 for very good, 5 for good, 4.5 for satisfactory, 4 for sufficient, 3.5 for inadequate, 3 for poor, and 2.5 and below for very poor.

2. Admission to the oral examination is granted only to those who achieve a minimum grade of 3 in each written exam and an average grade of at least 4.

3. For the final overall assessment, the average grades from both the written and oral examinations are equally weighted. The notary examination is passed if an average grade of at least 4 is achieved in both examinations.

1. Regional Notaries are personally suitable if

a) they meet the requirements set out in Article 16 paragraph 4 of the Notaries Act;

b) they are legally competent;

c) there is no criminal conviction for actions incompatible with the duties of a Regional Notary, unless such conviction no longer appears on the criminal record for private individuals;

d) there are no certificates of loss.

1. Regional Notaries Public are deemed professionally qualified if they possess a recognized degree in the fields of law or fiduciary management.

2. In justified exceptional cases, it is possible to deviate from the requirement of a recognized degree if there is evidence of several years of practical experience in notarial practice.

1. The application for the issuance of the notary patent must be submitted to the President of the Notary Commission with the following attachments

a) Certificate of competence for notary persons from the Canton of Graubünden;

b) Residence confirmation from a municipality in the Canton of Graubünden;

c) Extract from the central criminal register;

d) Proof of payment of the patent fee.

1. The following fees shall be levied

a) * for the examination CHF 1,000

b) * for the issuance of the certificate of proficiency CHF 200

c) * for the patent CHF 1,000

1. Every notary shall submit their signature to the State Chancellery of Graubünden upon taking office. The execution is the responsibility of the person who conducts the swearing-in.

1. Every notary public receives a stamp with their name and a seal. They may also register with the Swiss Register of Document Officials. The costs are borne by them.

2. Stamps and seals are manufactured according to the instructions of the Notary Commission. The manufacturer is obligated to exclusively contact the Notary Commission for orders and deliveries.

3. If the notarial authorization expires or is revoked, the Notary Commission withdraws the stamp and seal and removes the notary public from the Swiss Register of Document Officials.

1. The guarantee sum shall be at least 10,000,000 Swiss Francs per damage event for each notary public. For the notaries of land registry offices, the guarantee sum applies per land registry district and damage event.

2. Within the framework of the contract concluded by the canton, notary publics may choose insurance with a higher guarantee sum. A higher guarantee sum must be selected in any case where the notary's field of activity presents a higher damage potential.

3. Licensed notaries, regional notaries, and land registry districts must bear the costs allocated to them for the insurance concluded by the canton proportionately themselves. The annual billing is carried out by the financial administration.

1. If resolutions to be notarized are passed at meetings or sessions with one or more meeting locations, the notarial person responsible for their notarization is the one situated at a meeting location in the Canton of Graubünden. The notarial person attends these meetings or sessions alongside the chairperson at one of the meeting locations within the Canton of Graubünden.

2. If resolutions to be notarized are passed at meetings or sessions without a specific location, the notarial person responsible for their notarization is the one present in the Canton of Graubünden during the meetings or sessions.

3. The notarial person ensures they can personally and without interruption observe the proceedings at the meetings or sessions as well as the determinations made by the chairperson.

1. Every notary public shall maintain a Protocol Book A for certifications and a Protocol Book B for notarizations.

2. Both protocol books shall be produced according to the instructions of the Notarial Commission. They must be obtained by the notary public at their own expense from the cantonal printing and materials center.

3. The Notarial Commission may allow electronic recordings in place of bookkeeping and may issue instructions for this purpose.

1. In Protocol Book A, all notarizations shall be recorded immediately in chronological order with the following

a) consecutive register number;

b) date of notarization (year, month, and day);

c) name, first name, and residence of the applicant;

d) subject of the notarization;

e) in the case of signature notarization: name, first name, and residence of the individual concerned;

f) notarization fee.

2. The document containing the notarization formula must be marked with the book symbol, year, and number.

1. In Protocol Book B, all executed notarial acts are immediately recorded in chronological order with

a) consecutive register number;

b) date of execution (year, month, and day);

c) name, first name, and residence of the parties involved;

d) subject matter of the notarization;

e) number of original documents produced and identification of their recipient, insofar as this information is not contained within the document itself.

2. Protocol Book B must be supplemented with a separate name index of the parties involved.

3. The document containing the notarization formula must be marked with a bookmark, year, and number.

1. The notary public shall keep an originally signed copy of each deed with its annexes, arranged in chronological order.

2. Annexes are deemed to be those documents that form integral parts of the deed and are attached to it.

1. The notary public must take and keep in an orderly fashion the documents used, either in original or as copies.

2. Documents are considered to be those that were presented for individual notarizations and are not annexes (e.g., powers of attorney, register excerpts, certificates, approvals from authorities or official agencies).

1. Protocol Books A and B, original documents with their attachments and vouchers, as well as stamps and seals, must be securely stored by the notary for an indefinite period. They are subject to professional secrecy.

1. The notary public or their heirs must deposit all items required to be preserved in the presence of a member of the Notary Commission at the State Archive of Graubünden.

2. The Notary Commission may relieve the notary public or their heirs from this obligation if another licensed notary public assumes responsibility for the custody of all items required to be deposited.

3. In every case, a handover protocol must be prepared and submitted to the Notary Commission.

1. The regional notary, their successor, or their heirs must either deposit all items that require safekeeping with the relevant region or deliver them to the successor, in the presence of a member of the Notarial Commission.

2. Article 15 paragraph 3 shall apply mutatis mutandis.

1. All items required to be kept shall remain with the relevant land registry office.

1. If the parties to the document wish to make changes or corrections to the document presented to them, such changes or corrections must be made clearly legible and included in the notarization.

2. The notary must affix their seal, sign, and date the changes.

1. If, following the completed notarization, details are missing that are neither validity requirements nor essential components according to the provisions of the Civil Code, or if such details prove to be incorrect, the supplementation or amendment requires a written declaration by the affected party stating that they have become aware of it and, if registration in a register is necessary, that they have consented to it despite the new circumstances.

2. The supplements or amendments must be communicated to all parties.

1. If, following the completion of the notarization, details that are merely administrative in nature, such as the specification of the place of origin, date of birth, or designation of the acquisition title, are missing or prove to be incorrect, the notary public may independently make the necessary additions or corrections on the public document and certify them with a seal, signature, and the date of execution.

1. The Notary Commission invoices notaries based on the effort required for the inspections.

2. The inspection work is to be compensated according to the time spent at an hourly rate of 200 francs.

3. ...

1. Insofar as this regulation does not contain any provisions regarding fees, the procedural costs for official acts and orders of the Notary Commission shall be governed by the general provisions applicable to cantonal administrative authorities.

2. The maximum fee amount is governed by the Notary Act.

1. Members of the Notary Commission shall receive a daily allowance of 500 francs. If the service duration, including travel time, is less than four hours, only half of the daily allowance shall be paid.

2. The government may grant a workload-related presidential allowance to the President of the Notary Commission.

2bis. The activities of the Notary Inspector shall be compensated at an hourly rate of 150 francs.

3. In all other respects, the provisions of the Ordinance for the part-time employees of the Canton of Graubünden shall apply mutatis mutandis.

1. This regulation is enacted by the government.

2. As of this time, the implementing provisions of the Notarial Ordinance of April 3, 1959, are repealed.