Notary Ordinance - I. Subject Matter Jurisdiction of the Notary

1. The notary authorized to exercise their profession (§ 4 Introductory Act to the Civil Code) has the authority to perform non-contentious jurisdictional acts, insofar as such authority is not transferred to other bodies through legislation.

2. In particular, it is incumbent upon them to certify facts and declarations of intent related to legal relationships for which, according to statutory provisions or the will of the parties involved, a public document is to be created.

1. The notary authorized to practice in the canton of Solothurn may perform his functions throughout the entire territory of the canton (§ 7 EG ZGB).

1. Incompatible with the Exercise of the Notarial Office is Holding a Permanent Position or Employment in the Cantonal Public Service.

1. The authorization to practice as a notary is granted by the Cantonal Government. The corresponding application must be submitted in writing to the State Chancellery.

2. The authorization is granted to those who

a) possess the Solothurn notary patent;

b) have provided the security required by this regulation;

c) hold Swiss citizenship;

d) possess civil honorability and are not insolvent;

e) are fully legally competent;

f) are of good repute;

g)* have a business domicile in the Canton of Solothurn.

3. ...

1. The business domicile of the notary must have suitable office premises and be externally identifiable as such.

1. The notary seeking authorization to practice the profession must take the professional oath or pledge before the Council of Government.

2. Thereafter, the authorization to practice the profession is issued to the notary by the Council of Government.

**1. Every practicing notary shall receive, at their own expense, a notary seal in the desired languages from the State Chancellery.**

**2. The notary seal shall be used only in the notarization process and not for other purposes.**

**3. The seal shall bear the cantonal coat of arms, the first name and last name of the notary, and the designation "Public Notary of the Canton of Solothurn."**

1. If several notaries agree to jointly operate an office, each partner shall exercise the notarial office under their own responsibility.

2. Each partner must maintain their own collection of documents and the required registers separately.

1. The notary may use the office infrastructure of a law firm incorporated as a company, where he is employed as a lawyer, provided that the independent and non-directive practice of his profession as a notary is ensured.

1. Revocation of the Authorization to Practice the Profession may occur

a) as a consequence of a court-imposed professional ban according to Article 67 of the Criminal Code (StGB) of December 21, 1937.

b) as a disciplinary measure under § 60 of this regulation;

c) as an administrative measure that must always be applied when one of the prerequisites for the exercise of the notary profession, as stipulated in § 4 of this regulation, ceases to exist. Furthermore, the government council must revoke the authorization to practice the profession from a notary if the notary holds an office or position incompatible with the exercise of the notary profession according to § 3.

2. The debt enforcement and bankruptcy offices must report to the state chancellery if certificates of loss are issued against notaries.

3. If the reason for the revocation subsequently ceases to exist, the notary may petition the government council for the annulment of the measure taken. In the case of revocation due to the absence of the prerequisite according to § 4 paragraph 2 letter f, the authorization to practice the profession may not be reissued until at least five years after the finality of the revocation.

1. Documents, Protocols, and Registers must be delivered to the State Chancellery (§ 19 EG ZGB)

a) if the notary no longer meets the conditions for exercising the notary office;

b) if he has renounced the exercise of the profession;

c) during the period of revocation of the license to practice the profession;

d) if he has passed away; in this case, the heirs are obligated to send them.

2. If the practice is taken over by another notary, the State Chancellery may hand over the documents, protocols, and registers to the successor notary against a receipt. The successor is responsible for their safekeeping.

3. The State Chancellery may request old documents, protocols, and registers for safekeeping.

1. The notary may not refuse to perform a properly requested, legally prescribed professional function that falls within the scope of his responsibilities, unless he is prevented from doing so by important reasons or excluded from doing so by a legal ground for disqualification.

1. The notary must refuse to participate in any legal actions that violate the law, public order, or good morals.

2. He must make every effort to ensure that good faith and fair dealing are upheld in legal matters.

1. The notary shall recuse himself, subject to federal recusal stipulations, in the following cases

a) In matters concerning his own interests;

b)* In matters concerning his wife, fiancée, registered partner, a person with whom he has a factual domestic partnership, relatives, and in-laws in direct ascending and descending lines without limitation, as well as relatives and in-laws in collateral lines up to the third degree of Roman calculation;

c) In matters concerning partnerships and limited partnerships in which he is a participant;

d) In matters concerning a natural or legal person for whom he is the sole legal representative or attorney-in-fact, or in conjunction with others.

2. The same recusal provisions apply correspondingly to witnesses.

3. In voluntary auctions, the recusal stipulations apply only to the relationship between the notary and the auctioneer (§ 8 Civil Code Introductory Act).

4. For the certification of signatures and marks, as well as copies, § 39 of this regulation shall apply.

1. The notary shall preserve the confidences entrusted to him in the course of his professional duties.

2. He shall ensure the confidentiality of his employees.

3. The supervisory authority may, upon request, relieve the notary and his assistants (employees, witnesses, interpreters) from the duty of confidentiality.

1. The notary shall provide impartial advice to those who seek his services, to the best of his knowledge and belief. He shall pay particular attention to ensuring that business and legal laypersons making legal declarations before him receive the necessary information and do not act to their disadvantage out of ignorance of the facts.

1. The notary is required to obtain the most reliable information possible regarding the capacity and authorization of the parties to make legal declarations, as well as regarding the fulfillment of any requirements imposed by law on any participants. Furthermore, the notary must verify the authorization of the parties' representatives.

1. In authenticating declarations of intent, the notary shall carefully ascertain the will of the parties, document it in writing, fully disclose the document to the parties, and, before signing, ensure—if necessary by questioning the parties and explaining the contents—that the wording has been understood and approved, and that, in the case of contracts, there is agreement on all essential points.

1. The identity of the parties, their acting representatives, and any possible contributors must be verified.

1. Matrimonial property regimes must be considered insofar as they are relevant to a legal declaration.

1. In every transaction, it must be examined whether the validity requires the consent of an authority.

2. The necessary consent is to be obtained by the notary; exceptionally, this task may be assigned to the parties.

3. If a public document or a certified copy thereof must be issued before the submission of the declaration of consent, its absence must be mentioned in the document or copy.

1. The notary is obligated to keep records concerning their activities as an official document person.

1. The notary shall hold entrusted or transferred funds, securities, or other valuable items in such a manner that he can return them at any time. He shall provide the client with an account or interim account of his fees, expenses, and collections upon first request and shall transfer amounts received for the client's invoices without delay.

1. The public document must be drafted in one of the three official languages of the Confederation.

1. If not all persons involved in the execution of a public deed are proficient in the language in which the deed is drafted, a translator must be engaged, if the notary cannot provide the translation themselves. The translator must state the reason for their involvement in the deed, sign it, and certify that the translation has been carried out diligently.

2. The translator may also act as a witness, subject to the provisions of § 13 of this regulation.

1. The document shall specify the names of the parties as well as any witnesses, representatives, assistants, agents, translators, and experts.

2. The designation of persons shall include

a) for natural persons: the last name, first names, date of birth, gender, marital status, place of origin or nationality, place of residence and address, and for married persons or those in a registered partnership, the family name or the name they bore before the marriage or registration of the partnership;

b) for legal entities and partnerships such as general and limited partnerships: the company or name, the registered office with address, and the legal form, if this is not evident from the name or company, as well as the UID (Unique Identifier).

1. For the preparation of notarial instruments, which must be kept in the notary's deed register, only paper of standard format and of good and strong quality (weight at least 80 g/m²) may be used. Land registry documents should be submitted to the land registry office in A4 format.

1. Notarial documents may be handwritten, printed, or produced using direct typewriting. Strikethroughs, gaps, uncommon abbreviations, erasures, and overwriting must be avoided.

2. Additions must be specifically signed by the parties and the notary.

1. The public document is drafted by the notary or, upon their instruction, by their staff.

1. If the notary executes multiple copies of a notarial document, the number of copies executed simultaneously must be specified in each.

1. A public deed must bear the signatures of all involved parties where the signature of the notary alone is not sufficient under federal law.

2. Before signing, the deed must be read aloud to the parties involved or read by them personally. They must sign the deed and declare that the content corresponds to their wishes. Multi-page deeds must be initialed by the parties involved.

3. If multiple persons are required to sign a deed, the signing does not need to occur simultaneously. Until all have signed, each signature may be revoked (§ 15 Introductory Act to the Civil Code).

1. If a party is unable to sign, they must affix their mark.

2. If they are also unable to do this, it must be recorded by the notary.

1. If one of the participating persons is deaf and thus unable to hear the reading of the document, they must personally read the document and attest both to this circumstance and to their agreement with the content of the document by their signature.

2. If they are unable to read the document themselves, it must be clearly communicated to them by an expert, whereupon they must attest both to this circumstance and to their agreement with the content of the document by their signature.

3. The expert must attest by their signature that they have conscientiously communicated the content of the document to the concerned party and that it has been understood by them.

1. A person who can hear the reading but is unable, due to muteness or other reasons, to verbally express their consent to the content, must confirm their consent through a written declaration signed by them.

1. If a blind person is involved in the notarization, the notary must read the document aloud to them and authenticate the signature.

1. The parties may, insofar as representation is permissible, be represented by capable third parties.

2. The representative must provide a written power of attorney, notarized upon the notary's request.

1. When the document is signed by all parties involved, the certifying officer adds their signature along with the place and date (§ 17 Introductory Act to the Civil Code). For the sake of order, the notary's signature must be accompanied by the notarial seal.

2. The notarial seal must be affixed wherever the law mandates the seal impression.

1. A signature may only be authenticated by the notary if it has been affixed in his presence, if the signatory personally acknowledges it as his own, or if the authenticity is otherwise beyond doubt (§ 29 Introductory Act to the German Civil Code).

2. This also applies to the authentication of a handwritten mark.

1. The notarization of an affidavit may only be carried out if the notary has personally received it.

2. For declarations in a language not known to the notary, § 24 of this regulation is applicable.

1. The certification of a copy, a photocopy, or a photostatic copy, and the like, consists in the declaration that it conforms with the original.

2. The notary may only perform the certification if he has reviewed and compared the original document (§ 29 Introductory Act to the German Civil Code).

1. The notary can electronically certify the compliance of electronic copies he has created with the original paper documents as well as the authenticity of signatures, provided he is registered in the Swiss Register of Public Notaries.

2. The procedure and technical requirements are governed by federal law.

1. Certification is inadmissible

a) in one's own matter;

b) in matters concerning the wife, fiancée, registered partner, a person with whom the certifier is in a de facto cohabitation, the children, and the parents (§ 27 Introductory Act to the Civil Code).

1. The verification of the date on a private document is accomplished through a certificate issued by the notary, indicating when and by whom it was presented to them.

1. The notary may only certify states and processes based on his own observations.

2. He must draft an accurate description of the state or process as he has perceived it and mention by whom he was requested to make the determination.

1. For the certification of association resolutions, the notary must be personally present at the meeting and must record a protocol of the resolutions passed. This protocol must reference the location and time of the meeting as well as the adoption of each individual resolution. Upon the request of the applicants, motions that were rejected must also be explicitly mentioned in the protocol. The protocol is to be signed by the chairperson and the secretary of the meeting, as well as by the notary.

1. For the notarization of suretyships, the specific provisions of the Introductory Act to the Civil Code apply.

1. Subject to Article 1040 of the Swiss Code of Obligations and § 348 of the Act on the Introduction of the Swiss Civil Code, the notary is obliged to keep the original documents in an orderly manner. The documents must be numbered and paginated and compiled into protocol volumes at appropriate intervals. The provisions concerning the commercial register remain reserved (§ 18 EG ZGB).

2. If the attachments (powers of attorney, consent declarations, etc.) are not incorporated into the original document, they must be marked with the number of the original document and properly stored. They are to be bound at appropriate intervals (§ 18 EG ZGB).

3. The notary is not required to record certifications of signatures and marks, as well as copies and notarizations according to §§ 37, 38, and 40 of this ordinance, in the original documents protocol. He is also not required to enter them in a register.

1. The originals of dispositions upon death are to be stored separately. A special record must be maintained for this purpose. A notification indicating that a disposition has been drafted must be sent to the competent clerk of the court at the testator’s place of residence. Upon the death of the testator, the notary must deliver a certified copy to the clerk of the court at the last place of residence (§ 18 EG ZGB).

2. The testator has the right at any time to demand the original document of the last will from the notary against a receipt. In such a case, the receipt of acknowledgment must be kept in place of the original document. As a result, the notary is released from the obligation to deliver a copy to the competent clerk of the court upon the death of the testator.

3. Inheritance contracts may not be released to the parties.

1. The originals of the healthcare directives must be kept separately. A special record must be maintained about this. At the request of the principal, a notification that a healthcare directive has been established must be submitted to the competent civil registry office. Upon the occurrence of the contingency for which the directive was prepared, the notary must, upon request of the adult protection authority, provide a certified copy.

2. The principal has the right at any time to request the original document of the healthcare directive from the notary in exchange for a receipt. In this case, the receipt of acknowledgment is to be kept in place of the original document. This relieves the notary of the obligation to provide a copy of the document to the adult protection authority upon the occurrence of the contingency.

1. Copies of bill protests within the meaning of Article 1040 of the Federal Act on the Amendment of the Swiss Civil Code of Obligations dated March 30, 1911, must be assigned a special serial number; they must be bound at appropriate intervals.

2. The copy may consist of a carbon copy made by typewriter.

3. As long as the copies are not bound, the notary is responsible for ensuring that they are stored in numerical order.

1. Anyone who demonstrates a legitimate interest may inspect the original document at the notary, provided that it is not by its nature and intended purpose meant to be kept confidential.

2. ...

1. Original documents may only be issued based on a judgment or a judicial or administrative order.

2. Subject to § 45 paragraph 2 of this regulation.

1. Each contracting party and any entitled interested parties may request certified copies or extracts from the notary.

2. The original document must note, along with the time of delivery, for whom the execution was made.

3. ...

1. The notary may produce electronic copies of the public deeds executed by him if he is registered in the Swiss register of authenticating officials.

2. The procedure and technical requirements are governed by federal law.

1. The notary must enter all original documents, which must be kept by him in an orderly manner according to this regulation, into a register immediately after their creation.

2. The register must contain

a) the sequential number of the transaction in chronological order;

b) name, residence, and domicile of the parties involved in the notarization;

c) description of the subject of notarization;

d) date of notarization;

e) date of issuance of the execution.

1. Publicly authenticated dispositions upon death are to be specially numbered and entered into the register of dispositions upon death.

2. The register of dispositions upon death must contain

a) Serial number;

b) Name, residence, and domicile of the testator or the parties involved in the authentication;

c) Date of authentication;

d) Date of notification to the competent public notary;

e) Date of delivery of the copy;

f) Date of delivery of the copy to the competent public notary or the handing over of the original testamentary disposition to the testator;

g) Note on the binding of the original document.

1. Publicly notarized advance directives must be specially numbered and recorded in the register of advance directives.

2. The register of advance directives must contain

a) Reference number;

b) Name, place of residence, and place of origin of the principal;

c) Date of notarization;

d) Date of notification to the competent civil registry office;

e) Date of delivery of the copy to the principal;

f) Date of delivery of the copy to the adult protection authority or of the delivery of the original to the principal.

1. The essential content of a guarantee declaration is to be entered in the guarantee register.

2. This register must contain at least the following information

a) Date of notarization;

b) Creditor;

c) Debtor;

d) All guarantors, specifying whose guarantee declaration was notarized;

e) Debt or credit amount and maximum liability;

f)* Consent of the spouse or the registered partner.

3. Each entry is to be concluded individually and signed by the notary (§§ 349 and 350 EG BGB).

1. Recorded bill protests must be registered in a special register.

2. The register must contain

a) Serial number of the copy of the protest document;

b) Name of the principal;

c) Name of the party against whom the protest was made;

d) Date of the notarization of the protest.

1. The notary is required to maintain all registers that are to be kept by them, such as the notarial protocol.

1. The notary is entitled to demand compensation for his efforts and full reimbursement of the expenses incurred. He may request an appropriate advance payment before undertaking the assignment.

2. The amount of fees to be charged by the notary is determined by a fee schedule approved by the Government Council.

3. For efforts not covered in the fee schedule, the notary calculates compensation, wherein the workload, significance of the document, and the client's economic situation can be considered.

1. The notary is responsible for the accuracy of the facts he attests and for the observance of legal forms under the same civil liability as the officials and employees of the state.

2. The state is not liable for damage caused by a notary who is not in state service (§ 9 Introductory Act to the Civil Code).

1. If a notary violates the duties incumbent upon him or acts against the dignity, honor, and trust essential for the exercise of the notarial office, the government council shall, at the request of an interested party or ex officio, take disciplinary measures. If necessary, the professional license can be withdrawn provisionally.

2. Depending on the nature and severity of the case, the following disciplinary measures may be applied

a) Reprimand;

b)* Fine up to 20,000 francs;

c) Suspension from profession for up to one year;

d) Revocation of the professional license.

3. Multiple disciplinary measures may be combined.

1. The disciplinary prosecution of the notary becomes time-barred five years after the breach of duty.

2. The limitation period is interrupted by any investigative or procedural action.

3. The disciplinary prosecution is time-barred in any case if the relevant limitation period is exceeded by half.

4. If the breach of duty constitutes a criminal offense, the longer limitation period provided for by criminal law applies. Paragraphs 2 and 3 are applicable.

1. As a security measure, the notary must obtain liability insurance to cover damages arising from the exercise of their profession.

2. The liability insurance must meet the following requirements

a) The insurer must be an insurance institution subject to federal supervision;

b) The insurance amount must be at least 1 million francs per damage event, or at least 2 million francs per year; if multiple notaries are insured together (law office insurance), the insurance amount per year must be at least 2 million francs multiplied by their number; for law office insurance with more than 5 co-insured notaries, the insurance amount per year must be at least 10 million francs;

c) Any agreed deductible for financial losses cannot be claimed by the insurer against the injured party;

d) The insurance coverage exists for damages caused during the duration of the professional practice, even if they become known and are reported only after its termination;

e) The insurer undertakes to inform the state chancellery of any suspension or cessation of the insurance coverage.

1. Supervisory Authority over All Notaries Practicing in the Canton of Solothurn is the Cantonal Government. It exercises supervision through the State Chancellery.

1. Responsibilities of the Government Council

a) the revocation of the license to practice as an administrative measure in accordance with § 9 of this regulation;

b) the application of disciplinary measures pursuant to § 60 of this regulation;

c) decision-making on complaints.

1. Any party or third person who has a complaint regarding the manner in which a notary exercises their profession may file a complaint against them with the Government Council.

2. The complaint must be submitted in writing, accompanied by any evidence in the complainant's possession, to the State Chancellery.

1. The State Chancellery is responsible for the preparation of all matters relating to the notary. The State Chancellery submits the necessary applications to the Government Council.

1. The State Chancellery registers notaries and other authorized persons in the Swiss Register of Authorized Persons upon application and makes the necessary amendments.

1. The State Chancellery is obliged to intervene, on behalf of the Executive Council, in all cases that come to its attention where administrative or disciplinary action must be taken against a notary, by ensuring the investigation of the matter, the removal of existing grievances, and, if necessary, the implementation of disciplinary measures.

1. Inspections ordered by the Government Council shall be conducted periodically every 6 years. They shall not extend to accounting records.

2. The notary must be informed about the timing of the inspection.

3. The costs of the inspection shall be borne by the state.

1. A complete report on the inspection must be submitted in duplicate to the State Chancellery for the attention of the Government Council.

1. The inspection authorities are obligated to maintain the strictest confidentiality regarding their observations.

1. Notaries who have provided security under the previous provisions are required to submit their professional liability insurance in accordance with § 61 to the Department of Justice for approval before January 1, 1993.

2. The provided securities are retained by the Department of Justice; once the liability insurance is approved, they are returned to the notary.

3. If such a notary ceases to practice before January 1, 1993, the provided securities will be returned to them after one year, unless a lawsuit or disciplinary proceeding is pending.

1. Applications for the granting of a license to practice a profession that are pending at the time of the amendment of § 9 paragraph 3 coming into force are subject to the new law.

1. The delegations of competence in §§ 63 and 66-69 shall be submitted to the Cantonal Council for approval.

1. This regulation shall enter into force upon approval of the delegation of powers by the Cantonal Council with its publication in the Official Gazette.