Ordinance on Notarial Fees (BeurkGebV) - Fee (BeurkGebV)

1. The notarial officers charge the fees established in this ordinance for public certifications.

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3. If this regulation establishes a fee framework, the fee is determined based on the required time expenditure.

4. The hourly rate for the certifying officer ranges from CHF 180 to CHF 300. The assessment primarily considers the significance and complexity of the matter as well as the responsibility assumed.

5. Secretarial work is included in the basic rate. The hourly rate for the activities of notary employees (caseworkers, legal assistants) ranges from CHF 70 to CHF 160.

1. The fee is the remuneration for the preparatory work (establishing identity, determining party intentions, drafting and executing the document in copies for the parties involved, official entities, and the notary, reviewing a draft submitted to the notary), for the actual notarization act, and for the registration of transactions that require recording.

2. Not included in the fee are

a. * the remuneration for additional preparatory work, such as parceling (including the settlement of easements), release of pledges, land reallocations through private agreements, drafting of use and administration regulations for condominium or co-ownership communities, corporate statutes, contributions in kind, and merger agreements;

b. the remuneration for subsequent work, such as identifying persons with preemption rights and notifying preemption events, submitting a disposition upon death for official safekeeping, clarifications regarding value limits and the necessity for approval of a transaction, obtaining consent statements, applications for approval of a transaction or for a determination by an authority regarding the necessity of approving a transaction, requests for distribution of appraisals, and trustee functions in the execution of notarized transactions.

2bis. The work not included in the fee as per paragraph 2 is compensated according to the time expended.

3. The notarization based on a document submitted to the notary in its final form does not result in a reduction of the fee.

1. The fee may be reasonably increased,

a. if the notarization involves repeated negotiations or an extraordinary expenditure of time;

b. if the notary is engaged outside of regular business hours or outside of the office.

1. The fee shall be reasonably reduced,

a. if the public notarization does not come to completion;

b. if a notary has to notarize numerous similar legal transactions in the same context.

2. For fees determined by a fee framework, the minimum fee may be undercut in exceptional cases, particularly in cases according to subsection 1b.

1. The fee for the notarization of a preliminary contract is based on that of the main contract. If the main contract is notarized by the same notary, the fee for the main contract is halved.

1. In the case of the extension of a fixed-term contract, the fee shall be CHF 100.- to CHF 1000.-.

1. In the notarization of multiple legal transactions within the same document, the fee is calculated separately for each legal transaction, unless this regulation provides otherwise. However, a separate calculation is not required when simultaneously notarizing legal transactions that do not require notarization, such as in the establishment of limited real rights in a real estate purchase agreement.

2. Reserved remains § 29 paragraph 2.

1. In addition to the fee, the notary is entitled to reimbursement of necessary expenses (postage, telephone charges, travel expenses, etc.) and the value-added tax payable on fees and expenses, insofar as they are subject to value-added tax.

1. The fees established in this regulation shall generally neither be increased nor decreased.

2. As an exception, the notary may, for compelling reasons, which must be expressly stated in their protocol book, wholly or partially waive the remuneration.

1. For the certification of a signature, the fee is CHF 30.

2. For the simultaneous certification of multiple signatures on the same document, the fee for the second and each additional signature is CHF 10.

3. The same applies to the certification of hand signs.

1. In the certification of copies, transcripts, excerpts, and similar documents presented to the public notary, the fee is CHF 20 for the first page and CHF 5 for each additional page.

1. For the certification of copies, transcripts, extracts, and the like, which have been produced by the certifying officer themselves, the fee is CHF 10 for the first page and CHF 2 for each additional page.

2. The production of copies and the like is not included in this fee.

1. Upon certifying a translation, the fee amounts to CHF 30 for the first page and CHF 15 for each additional page.

1bis. Upon certifying a translation for which a translator guarantees accuracy with their signature, the fee amounts to CHF 30.

2. If the translation is produced by the notary themselves, an additional fee may be charged based on the time required and the complexity involved.

1. Upon the establishment of a foundation during one's lifetime (Art. 81 ZGB), the fee amounts to CHF 500.- to CHF 3000.-.

2. For the amendment of a foundation deed, the fee amounts to CHF 100.- to CHF 1000.-.

1. When entering into, amending, or terminating a marriage contract (Art. 184 Swiss Civil Code) or a property contract (Art. 25 Swiss Partnership Law), the fee ranges from CHF 500 to CHF 3,000. If real estate is involved, half of the fee may be calculated according to § 21, provided this amount exceeds CHF 3,000.

2. If the conclusion or amendment of the marriage contract or property contract involves an inventory (Art. 195a Swiss Civil Code), the notary additionally charges the fee according to § 17.

1. In the preparation of an inventory (Art. 195a Swiss Civil Code), the fee is

a. 2 ‰ of the inventory value up to CHF 200,000.-

b. plus 1.5 ‰ of the excess amount over CHF 200,000.- up to CHF 500,000.-

c. plus 1 ‰ of the excess amount over CHF 500,000.- up to CHF 1,500,000.-

d. * no fee is levied on the inventory value exceeding CHF 1.5 million

1. In the Community Property Contract (Art. 336 of the Swiss Civil Code), the fee is calculated as follows

a. for the establishment, according to the rates of § 21;

b. for the modification, from CHF 150.- to CHF 450.-;

c. for the termination, from CHF 100.- to CHF 200.-.

1. In the establishment and amendment of a power of attorney for care (Art. 361 Swiss Civil Code), the fee amounts to CHF 100 to CHF 3000.

1. For the execution of a public last will (Art. 499 Swiss Civil Code) or an inheritance contract (Art. 512 Swiss Civil Code), the fee ranges from CHF 500 to CHF 5000.

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2. For modifications, the fee ranges from CHF 150 to CHF 2000.

3. For revocations, the fee ranges from CHF 150 to CHF 300.

1. Agreement on the exclusion of the termination of co-ownership (Art. 650 para. 2 CC) incurs a fee of CHF 200 to CHF 500.

1. Upon the establishment of a contract for the transfer of real property pursuant to Article 657, paragraph 1 of the Swiss Civil Code (purchase, gift, exchange), the fee amounts to

a. 3 ‰ of the contract sum up to CHF 500,000.-

b. plus 2.5 ‰ of the excess amount over CHF 500,000.- up to CHF 1,000,000.-

c. plus 2 ‰ of the excess amount over CHF 1,000,000.- up to CHF 5,000,000.-

d. plus 1 ‰ of the excess amount over CHF 5,000,000.- up to CHF 10,000,000.-

e. * no fee is levied on the contract sum exceeding 10 million CHF

2. The fee is calculated on the cadastral value, with agricultural properties attracting an additional 300% and non-agricultural properties appraised before 1994 an additional 200%, provided that no or a lower contract sum is stated in the contract.

3. In the case of the transfer of small properties as defined in § 20 of the Notarization Ordinance, the fee amounts to CHF 200.- to CHF 500.-.

4. In the case of an exchange contract, the fee must be calculated separately for each object of exchange.

1. Agreement on the Cancellation or Modification of the Preemptive Right in Co-ownership or Building Rights Relationship (Art. 682 para. 3 CC) The fee amounts to CHF 200.- to CHF 500.-.

1. In the Establishment of Condominium Ownership (Art. 712d Swiss Civil Code), the fee is as follows

a. 3 ‰ of the land value and construction costs up to CHF 500,000.

b. plus 2.5 ‰ of the additional amount exceeding CHF 500,000 up to CHF 1,000,000.

c. plus 2 ‰ of the additional amount exceeding CHF 1,000,000 up to CHF 5,000,000.

d. plus 1 ‰ of the additional amount exceeding CHF 5,000,000 up to CHF 10,000,000.

e. * No fee is charged for the land value and construction costs exceeding CHF 10,000,000.

2. For the Modification and Termination of Condominium Ownership, the fee ranges from CHF 200 to CHF 5,000.

1. Upon the establishment, modification, or termination of an easement, except in the case of independent and permanent building rights, the fee ranges from CHF 200 to CHF 5000.

1. When establishing an independent and permanent building right according to Article 779a of the Swiss Civil Code, the fee is calculated based on the rates set forth in § 21.

2. The contract sum is deemed to be the consideration provided by the holder of the building right. If the holder is obligated to make periodic payments for a specified period, but no longer than 20 years, the total of these payments is definitive. If the holder is obligated to make periodic payments for an indefinite period or for longer than 20 years, twenty times the amount of each individual payment is definitive.

3. In the case of an amendment to an independent and permanent building right, the fee ranges from CHF 200 to CHF 5000.

1. When establishing a ground charge (Art. 783 Swiss Civil Code), the fee is calculated as with a mortgage (§ 29), based on the total value.

1. Upon the establishment of a mortgage (Art. 799 Swiss Civil Code), the fee amounts to

a. 2 ‰ of the pledge amount up to CHF 500,000

b. plus 1.25 ‰ of the excess amount over CHF 500,000 up to CHF 1,000,000

c. plus 0.75 ‰ of the excess amount over CHF 1,000,000 up to CHF 5,000,000

d. * plus 0.5 ‰ of the excess amount over CHF 5,000,000 up to CHF 10,000,000

e. * no fee is levied on the pledge amount exceeding CHF 10,000,000

2. If multiple mortgages are established in the same public deed, the fee is calculated on the total amount of the pledged sums.

3. In the case of an increase in the pledge amount, the fee is calculated on the increased amount according to the rates in paragraphs 1 and 2.

4. In cases of conversion, division, and relocation of mortgages, and in the case of mortgage renewal, the fee amounts to half of the rates in paragraphs 1 and 2, at least CHF 300.

5. If, in the same public deed, the pledge amount is increased and the mortgage is converted, divided, or relocated with the increased pledge amount, the fee is calculated according to the rates in paragraphs 3 or 4, with the higher fee being applied.

6. For other changes, the fee amounts to CHF 200 to CHF 500, unless fees are simultaneously levied according to the rates in paragraphs 1 to 5.

1. For the notarization as a substitute for a signature (Art. 15 CO), the fee amounts to CHF 100.-.

1. When notarizing a declaration under Article 90 of the Swiss Code of Obligations, the fee amounts to CHF 100.-.

1. In the establishment or transfer of a right of purchase, repurchase, or limited pre-emption, the fee is calculated according to the provisions of § 21 (Transfer of Real Property).

1. Donation of Real Rights in Immovable Property (Art. 243 para. 2 CO): The fee, insofar as §§ 21, 28, and 29 do not apply, amounts to CHF 200.- to CHF 500.-.

1. In the case of a gift upon death (Article 245 paragraph 2 CO), the fee is calculated according to the rates set forth in § 19.

1. Upon the establishment of a suretyship (Art. 493 para. 1 CO), upon increasing the liability amount, and upon converting a simple suretyship into a joint suretyship (Art. 493 para. 5 CO), the fee amounts to 2‰ of the liability amount, with a minimum of CHF 300 and a maximum of CHF 1000.

2. If suretyship declarations concerning the same debt but given separately by the same notary are to be certified individually, a surcharge of 25% of the fee pursuant to paragraph 1, with a minimum of CHF 50, shall be levied from the second certification onward for each additional certification. The total amount of surcharges may not exceed 100% of the basic fee.

3. The fee for a certification pursuant to Article 493 paragraph 6 CO amounts to CHF 300.

1. In the establishment of a lifetime annuity contract (Art. 522 CO), the fee is calculated based on the value of the assets according to the rates specified in § 21.

1. In the establishment of a corporation (Art. 629 CO) or a limited partnership with shares, the fee amounts to

a. 3 ‰ of the share capital up to CHF 500,000.-

b. plus 2.5 ‰ of the amount exceeding CHF 500,000.- up to CHF 1,000,000.-

c. plus 2 ‰ of the amount exceeding CHF 1,000,000.- up to CHF 2,000,000.-

d. plus 1.5 ‰ of the amount exceeding CHF 2,000,000.- up to CHF 5,000,000.-

e. plus 0.5 ‰ of the amount exceeding CHF 5,000,000.- up to CHF 10,000,000.-

f. * no fee is charged on the share capital exceeding CHF 10,000,000.-

1. In the event of an increase in share capital, the fee for the notarization of the general meeting resolution is calculated based on the rates set forth in § 37 and amounts to a minimum of CHF 500.

2. For the notarization of the board of directors' determination resolution, the fee ranges from CHF 300 to CHF 2000.

1. In the case of the reduction of the share capital, the fee for notarizing the resolution and amendment of the statutes (Art. 732 CO) amounts to CHF 500 to CHF 3000. If the reduction is accompanied by a simultaneous replacement with new capital, the fee is calculated according to the rates specified in § 38.

1. For resolutions of a corporation or limited partnership with shares, to which Articles 37-39 do not apply, the fee ranges from CHF 300 to CHF 5000.

1. Upon the formation of a limited liability company (Art. 777 CO) and in the event of an increase of its share capital (Art. 781 CO), the fee is calculated according to the rates in § 37, and for the reduction of the share capital (Art. 782 CO), according to the rates in § 39.

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3. In the case of the assignment or division of a share, as well as the obligation to assign, the fee amounts to

a. 2 ‰ of the contract sum or, in the absence thereof, the estimated value of interest up to CHF 200,000.

b. plus 1.5 ‰ on the excess amount over CHF 200,000 up to CHF 500,000.

c. plus 1 ‰ on the excess amount over CHF 500,000 up to CHF 2,500,000.

d. plus 0.3 ‰ on the excess amount over CHF 2,500,000 up to CHF 5,000,000.

e. * plus 0.2 ‰ on the excess amount over CHF 5,000,000 up to CHF 10,000,000.

f. * No fee is levied on the portion of the contract sum exceeding CHF 10,000,000.

4. In the conversion of a corporation into a limited liability company, the fee is calculated based on the new capital at the rates of § 37.

5. For other resolutions, the fee ranges from CHF 300 to CHF 2000.

1. The Fee for the Certification of Corporate Law Determinations (Art. 734, 764 para. 2, 782 para. 4, and 874 para. 2 of the Swiss Code of Obligations) is CHF 200 to CHF 1000.

1. In the case of protesting a bill of exchange or check, the fee is as follows

a. For drafting the document (Art. 1037 OR), including a copy and its retention according to Article 1040 OR, 2 ‰ of the bill of exchange or check amount, with a minimum of CHF 50.-;

b. For presentation without drafting a protest for one person CHF 20.-, and for additional persons residing in the same location, CHF 10.- each.

2. Furthermore, if the bill of exchange or check needs to be presented more than one kilometer from the office, a travel allowance of 50 Rappen per kilometer may be charged for the round trip.

1. For resolutions passed at meetings of bondholders (Article 6 of the Ordinance on Bondholder Associations), the fee ranges from CHF 500 to CHF 3000.

1. The fee for the resolution of dissolution is calculated based on the provisions of § 37.

2. The fee for the resolution of capital reduction is calculated based on the provisions of § 39.

3. For resolutions under the Merger Act to which paragraphs 1 and 2 do not apply, the fee is calculated based on the provisions of § 41.

4. When certifying multiple legal transactions requiring notarization in the same public deed, the fee is calculated based on the provisions of paragraph 1, 2, or 3, with the highest fee being applicable.

1. The fee for the establishment of a new company is calculated according to the provisions of § 37.

2. In the event of a capital increase, the fee is calculated according to the provisions of § 38.

3. For resolutions under the Merger Act to which paragraphs 1 and 2 do not apply, the fee is calculated according to the provisions of § 41.

4. When certifying multiple legal transactions requiring notarization in the same public document, the fee is calculated according to the provisions of paragraphs 1, 2, or 3, with the highest fee being applicable.

1. In the notarization of a transfer agreement pursuant to Article 70 paragraph 2 of the Merger Act, the fee is calculated according to the rates of § 21.

2. In the notarization of a merger agreement for family foundations and church foundations pursuant to Article 79 paragraph 3 of the Merger Act, the fee is between CHF 500 and CHF 2000.

3. The fee for a public deed regarding the determination concerning a property transfer pursuant to Article 104 paragraph 3 of the Merger Act is between CHF 500 and CHF 2000.

1. The fee for a public deed regarding the drawing of premium bonds and lotteries, other drawings, and competitions ranges from CHF 150 to CHF 1000.

1. The fee for the notarization of the administration of an oath or a declaration in lieu of an oath ranges from CHF 100 to CHF 1000.

1. For the documentary authentication pursuant to § 2 paragraph 1f of the Documentation Act, the fee amounts to CHF 100 to CHF 1000.

1. In the notarization of transactions requiring notarization for which no other fee is prescribed, the fee is between CHF 100 and CHF 1000.

1. In the case of a notarization requested by the parties for legal transactions that do not require notarization, the fee is

a. 2 ‰ of the contract sum or, in the absence of such, of the presumed value of interest up to CHF 200,000.-

b. plus 1.5 ‰ of the excess amount over CHF 200,000.- up to CHF 500,000.-

c. plus 1 ‰ of the excess amount over CHF 500,000.- up to CHF 2,500,000.-

d. plus 0.3 ‰ of the excess amount over CHF 2,500,000.- up to CHF 5,000,000.-

e. * no fee is charged on the contract sum or, in the absence of such, on the presumed value of interest for the portion exceeding CHF 5,000,000.-

2. If there is no presumed value of interest, the calculation of the fee is based on the significance and complexity of the matter, the amount of work involved, and the duration of time required.

1. Upon the entry into force of this regulation, the Regulation on Notarization Fees dated December 16, 1964, with amendments from May 3, 1967, and July 10, 1972, is repealed.

1. The regulation shall come into force on January 1, 1974. It is to be published.