2 Zivilrecht, Strafrecht, Administration of Justice » 21 Civil Law » 213 Property Law (PREGLN)

1 The examination for notaries provided for in the Introduction Act to the Civil Code (EGzZGB) shall be administered by the Bar Examination Commission, with the involvement of the Land Register Inspector.

2 The President of the Examination Commission shall receive the applications for the examination, determine the examiner for the written examination, and allocate the subjects for the oral examination among the members of the Commission.

Admission to the examination requires

a) Legal capacity, a criminal record extract without entries, and an extract from the debt collection register without certificates of loss;

b) A legal study of four semesters in the examination subjects at a Swiss university;

c) Practical experience of one year at a Schwyz notary's office after completing the notary apprenticeship, or an out-of-canton patent as a lawyer, notary, or land registry administrator.

1 Upon registration for the examination, the applicant must provide proof of fulfillment of the admission requirements prescribed in § 2. This proof is generally to be provided through certificates from the municipality of residence, as well as examination and work certificates.

2 Furthermore, a short curriculum vitae must be submitted with the registration.

The President of the Examination Board has the authority to grant admission to the examination.

The applicant pays a state fee and the office costs for the examination; these must be advanced.

The examination shall determine whether the applicant possesses the knowledge and skills necessary for the practice of the profession. It consists of a written and an oral part. Each of the two parts of the examination shall be assessed independently by the examination committee.

1 The written examination comprises the solution of three tasks. As a rule,

one task each shall be set from Notarial Law, Land Register Law, and

Bankruptcy Law.

2 The examiner determines the duration of the examination and the aids

available to the candidate for solving the tasks.

3 The examiner circulates the written work, accompanied by their assessment,

among the other members of the examination committee, who in turn submit

their assessment in writing.

4 The examination is deemed passed if the majority of the examination committee

considers the written work to be sufficient. If the examination is insufficient, the

examination committee determines the earliest date on which the candidate may

retake the written examination.

1 Candidates who have successfully passed the written examination will be admitted to the oral examination.

2 The oral examination essentially covers the following subjects

a) Fundamental Principles of General Contract Law

b) Law of Persons

c) Matrimonial Property Law

d) Law of Succession

e) Property Law

f) Bankruptcy Law

g) Company Law

h) Cantonal Law, particularly that relating to Notarisation and Land Registry.

3 The Examination Commission determines the duration of the examination.

1 If the majority of the examination board assesses the applicant's performance

in each individual subject as sufficient, the examination is considered passed.

If the applicant's performance is insufficient in even a single subject,

the entire oral examination must be repeated.

2 The examination board determines the earliest date on which the applicant

may repeat the examination.

1. The examination board issues the cantonal certificate of eligibility for notaries (notary’s patent) after the successful completion of the examination.

2. Persons holding an extra-cantonal lawyer’s, notary’s, or land registrar’s patent may be issued a certificate of eligibility, limited to the duration of their activity at a Schwyz notary’s office, based on an interview whose subject matter and scope are determined by the commission within the framework of § 8 para. 2.

With the entry into force of these regulations, the examination regulations for notaries of November 9, 1961, are repealed.

This regulation shall be published in the Official Gazette and included in the Collection of Laws. It shall enter into force on January 1, 1981.

1 OJ 17-269 with amendments of January 14, 2003 (Regulation on the Lawyers Ordinance, OJ 20-387) and of July 1, 2008 (OJ 22-21).

2 Version of July 1, 2008.

3 SRSZ 210.100.

4 Para. 2 in the version of January 14, 2003.

5 Version of July 1, 2008; previous subpara. d – g repealed.

6 Version of July 1, 2008 (new para. 2).

7 OJ 14-556.

8 Amendments of January 14, 2003, entered into force on February 5, 2003, and those of July 1, 2008, on July 1, 2008 (OG 2008 1379).