Ordinance on the Training of Public Registry Professionals - Purpose

1. The regulation governs the training of employees of the chancery offices to become specialists (male or female) in the field of chancery work.

1. Anyone who wishes to be trained as an expert in a specific field must complete a basic legal education (§ 3) and subsequently attend seminar courses (§ 4).

1. The required basic training is regulated in the Ordinance on Legal Basic Training of June 7, 2005. The following restrictions must be taken into account.

2. Employees of the Land Registry Office undergo basic training in Property Law and Contract Law (excluding Corporate Law).

3. Employees of the Inheritance Office undergo basic training in Property and Inheritance Law as well as Property Law.

4. Employees of the Debt Enforcement Office undergo basic training in Debt Enforcement and Bankruptcy Law as well as Property Law.

5. Employees of the Bankruptcy Office undergo basic training in Debt Enforcement and Bankruptcy Law as well as Contract Law (excluding Corporate Law).

6. Employees of the Commercial Registry Office undergo basic training in Contract Law.

1. The seminar courses are governed by the Ordinance on Seminar Courses for Clerical Office Employees dated June 7, 2005, for preparation for the Solothurn Notary Examination.

2. Seminar courses must only be attended in the legal areas prescribed for basic training according to § 3. Admission to seminar courses is granted to those who have successfully completed the basic training prescribed in § 3.

1. The application for the examination must be submitted in writing to the Financial Department.

2. The application must include the following

a) Confirmation of the required practical experience (§ 6 letter a);

b) Confirmation of successful completion of basic legal education or an equivalent qualification (§ 6 letter b);

c) Confirmation of attendance at seminar courses (§ 6 letter c);

d) Specification of the legal area to be examined (§ 9 para. 1).

1. An individual is eligible for the examination who

a) has worked for six years in a district attorney's office, with at least three years in the chosen legal field (§ 9 para. 1),

b) has successfully completed basic legal training or an equivalent education in accordance with § 3, and

c) has attended seminar courses pursuant to § 4.

1. The Finance Department decides on the admission to the examination.

1. The examination consists of a written and an oral part.

1. The written examination consists, at the choice of the candidate, of one of the following areas of law

a) Property and Inheritance Law;

b) Law of Property;

c) Corporate, Company, and Commercial Register Law;

d) Debt Collection Law;

e) Bankruptcy Law.

2. Multiple tasks may be set in the same subject.

1. To complete the written exam, 8 hours are available. Multiple candidates may simultaneously be tasked with solving the same assignment.

2. The exam is supervised by the Department of Finance.

1. The candidates are permitted to use the statutory texts and other resources approved by the task setter.

1. Examinations in which unauthorized aids are used or other dishonest actions are committed are invalid.

2. The candidate may be readmitted to the examination no sooner than after a waiting period of two years.

3. In severe cases, the Department of Finance, in consultation with the examination committee, may impose longer waiting periods or exclude the candidate from the examination.

1. The examination is passed if the candidate achieves a minimum grade of 4.0.

2. An examination that is not passed may be retaken once. The commission may attach special conditions to the retake and impose a waiting period of up to one year.

1. Any person who has passed the written examination shall be admitted to the oral examination.

2. The oral examination must be taken no later than one year after the written examination has been passed.

1. Subjects of the Oral Examination are

a) the areas of law mentioned in § 9 paragraph 1;

b) Ancillary Tax and Fee Law.

1. The oral examination lasts 30 minutes in the subject in which the written examination was taken, and 15 minutes in the other subjects.

1. The examination is passed if the candidate achieves at least the grade 4.0 in the legal field chosen for the written examination and on average in all orally examined subjects.

2. The failed oral examination can be repeated once. The commission may attach special conditions to the repetition and set a waiting period of up to one year.

1. In assessing the performance in the individual subjects, the following grade levels are distinguished

a) 6 = very good

b) 5 = good

c) 4 = sufficient

d) 3 = insufficient

e) 2 = poor

f) 1 = very poor

2. Half grades are possible.

1. The final grade is the arithmetic mean of the result of the written examination and the averaged result of the oral examination.

1. Anyone who has successfully passed the examination may refer to themselves as a "Certified Clerk Office Specialist" and will receive, depending on the chosen written examination subject, one of the following certificates

a) Certificate in Property and Inheritance Law;

b) Certificate in Property Law;

c) Certificate in Company, Commercial, and Trade Register Law;

d) Certificate in Debt Collection Law;

e) Certificate in Bankruptcy Law.

1. The examination committee consists of five members. The government council appoints the members of the examination committee after consulting with the Registrar Inspector or the Registrar Inspector and designates the president.

2. The Department of Finance may designate substitutes.

3. The Department of Finance establishes the connection between the committee and the candidates and performs the administrative tasks.

1. Appeals against decisions of the Department of Finance and the Examination Commission can be lodged with the Government Council within 10 days.

2. Appeals against decisions of the Government Council can be lodged with the Administrative Court within 10 days.

1. **Anyone who has attended a legal course of at least two years in accordance with Section 2, Paragraph 1, Letter c of the Ordinance on the Examination for Administrative Officials of the Office Registrar's Offices dated March 4, 1991, pursuant to the Ordinance on Legal Courses dated July 13, 1971, or an equivalent instruction at foreign educational institutions of the same duration, may register for seminar courses within one year of the commencement of this ordinance without having to complete the basic training as per Section 3.**

2. **Anyone who has attended courses in the last five years before the commencement of this ordinance according to the Ordinance on Legal Courses dated July 13, 1971, may have these courses credited towards the basic training pursuant to Section 3 for admission to seminar courses as per Section 4.**

3. **Anyone who has attended a legal course of at least two years in accordance with Section 2, Paragraph 1, Letter c of the Ordinance on the Examination for Administrative Officials of the Office Registrar's Offices dated March 4, 1991, pursuant to the Ordinance on Legal Courses dated July 13, 1971, or an equivalent instruction at foreign educational institutions of the same duration, as well as attending the notary seminar according to the regulation dated February 20, 1970, on the conduct of seminar courses for preparation for the Solothurn notary examination as per Section 2, Paragraph 1, Letter d of the Ordinance on the Examination for Administrative Officials of the Office Registrar's Offices dated March 4, 1991, may register for the examinations under the Ordinance on the Examination for Administrative Officials of the Office Registrar's Offices dated March 4, 1991, within one year of the commencement of this ordinance.**

4. **Anyone who has completed the examination for Administrative Officials of the Office Registrar's Offices under the Ordinance on the Examination for Administrative Officials of the Office Registrar's Offices dated March 4, 1991, has the opportunity to refer to themselves as "Specialist in Office Registration."**

1. The Regulation on the Examination for Administrative Officers of the Office Registries dated March 4, 1991, is repealed.

1. This regulation shall enter into force on January 1, 2006.

2. The right of objection by the Cantonal Council remains reserved.