Regulation concerning the Notaries Act (RLN) - Duration and Modalities of the Internship (RNG)

1. The internship consists of a continuous activity and lasts at least twelve months.

2. It is conducted

a) for at least six months in the office of one or more notaries of the canton;

b) * without remuneration, for a minimum of 2 weeks and a maximum of 1 month at a commercial register office, and for a minimum of 2 weeks and a maximum of 2 months at a land registry office.

3. The internship is generally to be performed full-time. The department to which the notaries are subordinate (the Department) may authorize a reduction in working hours for important reasons. However, the reduction must not exceed 20 percent. If the working hours are reduced, the minimum duration of the internship is extended proportionally.

4. The Department is responsible for approving a voluntary internship at a cantonal office.

5. Full-time employment at a land registry office in the canton for a duration of at least three years is equivalent to an internship of six months; the remaining time must be completed according to paragraph 2, letter a.

1. This legal ordinance applies for the first time to all candidates who are registered for the examination session in Spring 2020.

1. To ensure that the employment and training of interns are as well-coordinated as possible, the internship supervisors of the public service and the notary offices shall communicate with each other.

1bis Notaries who have been continuously authorized to practice their profession for 2 years are entitled to train interns.

2. An internship supervisor may train a maximum of two interns at the same time.

1. Notaries who are training interns as of January 1, 2022, may continue to do so until the interns complete their internship, even if they do not meet the professional experience requirement specified in Article 2, Paragraph 1bis.

1. The Internship Master personally trains the intern.

2. He dedicates the necessary time to the training and ensures that the intern receives a comprehensive and as diverse as possible practical training, particularly regarding the preparation and stipulation of public documents. He teaches the professional conduct rules.

3. The Internship Master ensures that the intern fulfills the obligations set forth in Article 5.

4. He provides the necessary facilitation for attending courses and seminars.

1. For circumstances that occurred before the amendment to the amount of securities mentioned in Article 27, Paragraph 1 of the regulations came into force, the old law shall apply.

1. The internship supervisor is required, every six months and under their own responsibility, to complete a form issued by the competent department concerning the progress of the internship.

2. These confirmations address the nature and scope of the intern's activities and provide information about the courses attended by the intern. They mention any interruptions that last more than eight weeks and are not counted towards the required internship period.

1. A notary who already holds a professional practice license in Valais at the time of the amendment's entry into force and whose professional liability insurance does not comply with the condition of retroactive coverage pursuant to Article 26, paragraph 1, must fulfill this requirement by December 31, 2028.

1. The intern shall during their internship

a) work regularly in the service of the internship supervisor;

b) attend training courses and seminars organized for their education, especially those organized by the Valais Notary Association;

c) complete an internship at a land registry or commercial register office.

1. The Notaries Association determines the list of mandatory training courses. The department ensures the administrative compliance towards interns.

2. The Notaries Association calls upon its members to provide one or another instruction. It can appeal to specialized services and offices of the cantonal administration. The intern may be required to attend a course held in another canton.

3. The registration fee shall be borne by the intern.

4. Useful information regarding the date and location of the mandatory courses is accessible on the website of the Canton of Valais.

1. There are two examination sessions held annually, one in the spring and the other in the fall.

2. The written examination is computer-based and takes place in the first half of April and October.

3. The date of the oral examinations is determined by the examination board. Candidates are informed at least one week in advance.

1. The department shall have primary jurisdiction over the decision regarding the admission of a candidate to the examination.

2. Applications for admission must be submitted in writing to the department: by March 1st for the spring session and by September 1st for the fall session.

3. Candidates will only be admitted if it has been verified that, after reviewing the internship confirmations as per Article 4, the conditions have been met and the following fee has been paid

a) * 800 Swiss Francs for the written examinations;

b) * 800 Swiss Francs for the oral examinations.

1. The examination commission is appointed by the State Council for a term of 4 years, upon proposal

a) * by the association, for the professional representatives;

b) * by the cantonal administration, for the representatives of the departments that perform activities directly related to the official duties of the notary.

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It consists of a president and 14 members.

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The appointed commission members must carry out their mandate for the period for which they were appointed; resignations for justified reasons are reserved.

2. Both national languages are represented therein. The commission members who conduct and evaluate the exams must speak the same national language as the candidate.

3. The following cannot serve as members of this commission

a) Relatives and in-laws of the candidate up to and including the fourth degree;

b) the notaries with whom the candidate completed their internship.

1. The provisions of the law concerning administrative procedure and administrative justice pertaining to recusal are applicable to the members of the commission.

2. In the event of the recusal of members or their deputies, the Council of State shall designate the representatives. The commission must be composed as provided for in the current regulations.

1. The Commission organizes itself independently. In particular, it may

a) divide itself into subcommissions of three members each;

b) assign one of its members to prepare the examination topics;

c) appoint a rapporteur for the evaluation of the written tasks.

2. The Secretariat of the Commission is provided by the Department.

1. The members of the examination commission shall be compensated as follows

a) * 600 francs for the preparation of the topics;

b) * 300 francs per candidate for the correction of written examinations;

c) 300 francs per candidate for the oral examinations;

d) 150 francs for the supervision during the written examinations.

2. Furthermore, the decision regarding commission compensations is applicable.

1. According to the candidate’s preference, the examination will be conducted in either French or German.

2. The candidate who has passed the written examination will be admitted to the oral examination.

3. Furthermore, the commission establishes the examination modalities and informs the candidates accordingly.

1. Each candidate is allotted four hours for every written examination paper.

2. Each examination is conducted without interruption. The supervision is organized by the commission.

3. Each candidate is provided with examination documents on paper and a limited internet access to federal and cantonal legislation.

4. Any candidate who unlawfully influences or attempts to influence the examination results, especially through the use of unauthorized means, shall be excluded from the session and his examinations shall be deemed failed.

1. The oral examination takes place before the commission or the designated sub-commission. All admitted candidates are questioned in succession. The examination lasts two hours.

2. The oral examination is public.

1. Written and oral examinations are graded from 1 to 6. A grade of 4 signifies a passing examination. Grading is done in whole or half grades.

2. The candidate receives four grades for the written examination, one grade for each written exam paper.

3. For the oral examination, the candidate receives four grades: one grade for notarial law, professional ethics, and office management; one grade for federal and cantonal public law; one grade for federal and cantonal civil law; and finally, one grade for debt enforcement and bankruptcy law, private international law, administrative and civil procedure, as well as the general concepts of financial accounting.

1. The candidate has passed the written examination if they achieve an average grade of 4 in the written examination papers and have not received two grades below 4.

1. The examination is deemed passed if an average grade of 4 is achieved in both the written and oral examinations. Conversely, the examination is deemed failed if the candidate has received the following grades in the combined written and oral examinations

a) three times a grade of 3.5 or a weaker grade;

b) twice a grade of 2.5 or a weaker grade;

c) once a grade of 1.

2. Anyone who withdraws from the examination without a valid reason, fails to show up, or abandons it during its course, has not passed the examination. The commission shall decide on the existence of a valid reason.

3. A candidate caught cheating has not passed the examination. The candidate may retake the examination no sooner than one year later.

1. The Commission shall submit a report to the competent department within 15 days after the end of the examination session regarding each candidate, which contains the following information

a) the examination result;

b) the grade received for each examination. Insufficient grades must be briefly justified.

2. The department shall inform each candidate of the Commission's decision regarding the evaluation of the examinations.

3. A candidate who has not passed the oral examination is not required to retake the written examination if they have achieved a sufficient grade in all areas of the written examination.

1. Appeals against decisions of the Department can be made to the State Council, and against those of the Examination Commission to the Cantonal Court.

2. ...

3. Subject to specific provisions of the Notaries Act or these Regulations, the procedure is governed by the Administrative Procedure and Administrative Justice Act.

4. A candidate who wishes to claim the violation of a statutory or regulatory provision that is alleged to have occurred before or during the examination must assert it immediately upon becoming aware of it, under penalty of forfeiture.

1. No additional fee is charged for the issuance of the diploma; this is included in the examination fee pursuant to Article 8, paragraph 3.

1. The Supervisory Chamber prevents or sanctions violations of professional dignity by ensuring compliance with the association's professional rules (statute, code of conduct).

1. The Supervisory Chamber appoints its President. It may only validly convene if at least three members are present.

2. If the Supervisory Chamber cannot validly convene due to the prevention or disqualification of its members, the Valais Notaries' Association shall appoint one or more extraordinary members.

3. The President of the Chamber conducts the investigation. In urgent cases, he may make a decision alone, which will be confirmed or revoked in the next meeting.

4. If circumstances allow or require it, a decision may be made by circulation, unless a member requests deliberation.

5. Any member of the Supervisory Chamber in the minority on a decision may request that their dissent be recorded in the minutes.

6. Moreover, the Supervisory Chamber organizes itself independently.

1. The license to practice, which grants the status of a public official, is issued in a session of the State Council. Upon his selection, the notary shall take the following oath or make a solemn promise, which is read by the President of the State Council

"I swear by God/I promise on my honor to diligently exercise the profession of a notary entrusted to me, to strictly observe the laws, and to perform the duties entrusted to me with all dignity, accuracy, and sincerity."

2. The notary responds to this reading with an uplifted hand by saying: "I swear" or "I promise."

1. Every notary who holds the status of a public official shall receive a seal from the State Chancellery at their own expense. This seal must be affixed beside the notary’s signature on all original documents handed over to the parties involved, on all official copies of original documents, as well as on all filings that must be made in the course of their professional duties.

2. The seal shall bear the cantonal coat of arms, the name and first name of the notary, the designation "Notary," and the seat of the notarial office.

3. The notary is prohibited from using the seal for other purposes.

1. The notary applying for the professional practice license must obtain professional liability insurance with a minimum coverage amount of 2 million Swiss francs, covering damages caused by the notary in the exercise of his profession. The insurance coverage also extends to claims for damages that occurred during the contract period but are only brought after the insurance has expired and within the statutory limitation period (run-off insurance coverage).

2. Furthermore, the contract must stipulate that the insurer informs the department of any interruption or termination of the insurance no later than the expiration of the grace period in accordance with Article 20 of the Federal Insurance Contract Act. If the insurer independently interrupts or terminates the contract, it must alert the policyholder to the consequences arising from the notification to the department.

1. For the damage not covered by professional liability insurance, the association provides securities on behalf of its members up to a maximum amount of 500,000 Swiss francs per claim and per notary in the form of a surety bond or a guarantee in accordance with Article 492 and the following of the Swiss Code of Obligations. For this purpose, the association collects an annual contribution from its members based on the cost coverage and equivalence principle.

2. By joining the association, the notary fulfills their obligation to provide security in accordance with Article 19, paragraph 1, letter b of the Notary Act.

3. If the damage suffered by several exceeds the maximum amount, the claims of the individual are reduced in proportion to their claims agreed upon by judgment or agreement.

1. The opening of a secondary office is subject to approval by the department. Before granting approval, the department consults the supervisory chamber for notaries, which comments particularly on the public interest of the application.

2. The secondary office must meet the requirements of Article 18, Paragraph 1 of the Notaries Act.

3. The approval for opening a secondary office does not entitle the holder to receive a second seal. The approval will be published in the official gazette.

4. The permissible advertisements referred to in Article 33, Paragraph 1, Letter a of the Notaries Act also apply to the opening of a secondary office.

5. The address of the secondary office may be listed on the notary's letterhead.

6. The inspector of the district where the main office is located conducts the inspection of the secondary office.

7. The act authenticated at the secondary office must be recorded in the registers at the main office and according to the modalities provided for in the Notaries Act and the present regulations.

1. Upon request of the department, the notary must submit, among other things, the shareholders' agreement, the partnership agreement, and the transfer agreement concerning the company shares.

1. The bookkeeping in commercial form must be kept up to date continuously. It must at all times provide information on the exact amount of third-party credits held in trust by the notary, as well as the professional obligations towards his clients or third parties.

2. The accounting records are kept and updated in the office. They may be recorded using electronic data processing.

3. The notary suitably and separately files the accounting documents, the receipts of the securities, as well as the receipts or payment proof for amounts transferred in cash.

1. The limited audit must be conducted according to the Swiss Standard for Limited Audit (SER) pursuant to Article 42 paragraph 5 of the Notaries Act.

1. The canton is divided into six inspection districts, which coincide with the land registry districts.

2. The land registrar or his deputy conducts the inspection of the offices and the notaries' original documents in his district. In case of inability, the head of the cantonal office for the land registry agencies appoints an ad hoc inspector.

3. The regular inspection report must be submitted to the department within 30 days after the inspection.

1. The inspectors may conduct additional inspections at any time in accordance with Article 63, Paragraph 2 of the Notarial Act.

2. The inspector shall submit the extraordinary inspection report to the department and the affected notary no later than 30 days after the inspection has taken place.

3. The costs for the extraordinary inspection shall be borne by the notary.

1. The notary certifies the origin of each property in the document through the reference number.

1. The notary certifies in the document that he has informed the parties about the existence and implications of any possible statutory liens related to the drafted document.

1. The notary records in the deed the parties' confirmation that the property purchase agreement is not related to a construction contract or pertains to a purchase agreement for future construction concluded with the seller or a third party.

2. In other cases, the deed lists the elements of the property that are subjectively important in connection with the purchase agreement and the value of its components.

1. The notary is obligated to notify the pre-emption right holders of any statutory or contractual pre-emption case that has been registered, as well as to receive related declarations of exercise or waiver.

1. The declaration under oath provided for in Article 91 of the Notary Act shall be made in the following form

The notary says to the declarant: "Do you swear (promise) that the statement you have signed is completely true, and do you hereby certify that you have been informed of the civil and criminal consequences of making a false statement in a document?"

3. Subsequently, the declarant shall respond with their right hand raised: "I swear" or "I promise."

1. Under the applicable federal law, the minutes of a general meeting or a board meeting can be legally established as an official public document through remote notarization.

1. Each original document shall be paginated and the number of pages indicated.

2. This also applies to copies of documents that have been handed out in the original.

1. The amounts of the fees shall be entered under separate headings for each type of fee.

2. Furthermore, the notaries' minute inspection authority shall determine the form of the registers. This form shall be mandatory.

1. The register of original documents and that of the documents handed over in the original shall be organized chronologically each year.

2. The register of wills shall be organized chronologically continuously, independent of the year of receipt.

1. The registers maintained in electronic form must be capable of being made readable at any time.

2. They must be stored and protected in such a way that their existence and quality are ensured. Data protection must be guaranteed in accordance with recognized standards. The technical methods used must ensure the integrity of the registered information.

3. The content of the electronically maintained registers must also be stored on paper separate from the data carrier.

1. Subject to paragraph 2, the original documents and copies of documents handed over in original form need not be bound but must be classified chronologically in archive boxes.

2. Wills and inheritance contracts must be classified separately in archive boxes chronologically.

3. Each archive box must indicate the numbers of the indexes and documents contained therein.

4. The documents, handwritten wills, or other entrusted documents must be preserved. Copies of the documents handed over in original form, all receipts mentioned in these documents, as well as the indexes, are protected by the notary against damage, theft, and indiscretion.

5. Upon termination of professional activity, the notary must hand over the indexes, documents, and the documents mentioned in Article 26 paragraph 2 of the Notarial Act to the State Archives of Wallis within 60 days under the supervision of the inspector.

**1. Upon the termination of a notary's professional practice, the cantonal archivist, under the supervision of the land registry officer, is responsible for the archiving of registers, original documents, handwritten wills, other entrusted documents, copies of deeds handed out in original, as well as all vouchers mentioned in these deeds.**

**2. They authenticate the copies under the supervision of the land registry officer.**

**3. If an original document deposited in the archive needs to be submitted to the court, or if a testator requests the return of their will, the procedures outlined in Article 105 of the Notarial Act shall be followed.**

**4. ...**

1. The notary, in compliance with the legal provisions on data protection, reports all dispositions of property upon death that he receives or possesses, on one hand, to the Wallis Will Registry and, on the other hand, to the central will register.

2. The notary is obliged to appropriately verify whether the individuals whose dispositions of property upon death he has created or which were entrusted to him for safekeeping are still alive.

3. As soon as he becomes aware of the death of the testator or a party to the document, he informs the competent authority in this regard in accordance with the provisions of federal law.

1. The office responsible for civil status matters shall immediately communicate all death certificates issued by or reported to it by the civil status officers to the Valais Will Registry Center.

2. The Valais Will Registry Center shall inform the notary and the concerned municipal judge that a disposition upon death exists.

3. A fee of 20 Swiss francs shall be charged for each entry or extract from the Valais Will Registry Center.

4. The cantonal office responsible for land registry offices is accountable for the Valais Will Registry Center. It may issue directives in this area.

1. The registration made by the notary includes

a) the name, first name, lineage, date of birth, place of origin, and address of the testator, and if it concerns a foreigner, the place of birth;

b) the date of certification or deposit as well as the register number;

c) the name and location of the notary office.

1. The head of the central office maintains an electronic register of testators and classifies the registrations chronologically.

2. This register is not public and the head is subject to confidentiality obligations.

3. If a will is reclaimed, the entry is deleted and the registration is destroyed.

1. Municipal judges, notaries, and all individuals asserting a legitimate interest may request from the central registry, upon presentation of a death certificate, whether a will has been registered.

1. In the absence of contrary provisions, the present regulation is applicable without reservation upon its entry into force.

2. Securities provided under the old law will be returned after the expiration of the statute of limitations for liability claims.

3. The management of the registers and the preservation of documents received before the entry into force of this regulation remain subject to the old law.

4. In the year in which this regulation enters into force, all permits granted under the old law for the opening of a secondary office shall lapse, unless a different decision is issued by the department at the request of the interested party.

1. All provisions conflicting with the present regulation are repealed, especially the implementing regulation to the Law on Notaries of December 9, 1942.

2. Articles 10 paragraph 3 and 12 of the Regulation concerning the Law on the Legal Profession of February 20, 2002, are amended.

3. Article 2 of the Ordinance concerning the Maintenance of the Cantonal Land Register of April 17, 1920, is amended.

1. This regulation shall come into effect on the same date as the Notaries Act.