Ordinance on Public Certification

1. Public Notaries are

a) the land registry officers and their deputies;

b) * the head of the office responsible for inheritance matters and their deputies;

c) * the head of the office responsible for the commercial register and their deputies;

d) the persons authorized by the civil status commission.

1. The Cantonal Commission authorizes a lawyer to conduct public notarizations upon application if they are registered in a cantonal attorney's register, hold an Inner Rhodes attorney's license, and reside in the Canton of Appenzell I.Rh.

2. The Cantonal Commission may authorize a lawyer to conduct public notarizations upon application if they hold a lawyer's license from another Swiss canton and are registered in a cantonal attorney’s register, provided they reside in the canton and demonstrate sufficient competence in notarization.

3. Authorized lawyers refer to themselves in business dealings as "Public Notary."

4. The Cantonal Commission may authorize professionally qualified employees of the cantonal administration to conduct public notarizations.

1. The authorization granted by the Commission of Standards, as well as any amendments or revocations, shall be published in the official publication organ and on the website of the canton.

2. The name, first name, year of birth, and business address of the notaries shall be listed in the state calendar.

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**1. The following are authorized for public notarization:**

a) the land registry officials and their deputies in all civil law matters;

b) the head of the office responsible for inheritance affairs and their deputies in matters of matrimonial property law and inheritance law, the property law of registered partners, adult protection law, and for pre-inheritance contracts;

c) the head of the office responsible for the commercial register and their deputies in commercial register matters;

d) authorized attorneys in all civil law matters, except in land registry matters;

e) the employees of the cantonal administration within their area of activity pursuant to the authorization decision of the state commission.

1. For certifications, such as the certification of a signature, a copy, or the translation of a document, all notarial officers according to Article 1 are competent.

2. The Council Chancellery certifies the signatures of the notarial officers. It performs certifications when an international treaty provides for it or when the certification is for the purpose of a diplomatic or consular representation of another state.

1. The public notarization of legal transactions concerning real rights in a single parcel of land, or in multiple parcels of land located separately in two cantons, is carried out according to inter-cantonal agreements.

2. In the absence of such agreements, the public notarization is conducted in each canton for the parcels of land that lie entirely or with the greater area therein (multiple notarization).

1. The document is to either be drawn up by the notary or to be arranged to be drawn up or to be presented by the parties. Documents concerning legal transactions for the establishment and modification of real rights in real estate, as well as for the establishment and modification of registrable personal rights, insofar as they require public notarization, and documents regarding dispositions upon death, marital agreements, and property agreements between registered partners are to be exclusively drawn up by the notary or arranged to be drawn up by the notary.

1. The certifying officer shall inform the parties to the best of their knowledge about the legal content and significance of the document and shall draw their attention to defects, factual inaccuracies, and inconsistencies with statutory provisions.

2. The certifying officer must diligently verify the identity of the parties and involved persons, the representative authority of representatives, and the legal and contractual capacity of the involved natural and legal persons, and request the presentation of the necessary identification documents.

3. As long as a party's declaration requires the consent of their spouse or registered partner under matrimonial property law or the provisions of the Federal Act on the Registered Partnership of Same-Sex Couples (Partnership Act, PartG) of June 18, 2004, or in legal transactions requiring the consent of adult protection agencies or other competent authorities, the certifying officer must ensure that the necessary conditions under matrimonial property law or the Partnership Act are fulfilled.

4. The certifying officer must refuse the notarization if they do not consider a party to be capable of judgment. If doubts arise concerning a party's capability of judgment and the issuance is still requested, the certifying officer must make an appropriate remark on the document, informing the parties.

1. In the absence of the documents required under Article 4 Paragraphs 2 and 3 concerning the power of representation, legal and operational capacity, or the necessary documents, the public notarization may nonetheless be carried out if the parties request it.

2. However, the deficiency must be mentioned in the document, and the missing documents must be specified.

3. Public notarization must not take place until the necessary documents regarding the identity of the parties and their representatives have been provided.

4. The documents should generally be presented in their original form. The notary may, at their discretion, require the official certification of the signatures.

5. Copies and photocopies of documents may be used if the originals are in official custody and the accuracy of the copies is officially certified. The copy must indicate the custodial office and its file number.

**1. The document may be prepared in handwriting, typewriting, or print.**

**2. It must contain:**

1. the exact designation of the parties, their representatives acting on their behalf, and any necessary participating individuals (witnesses, experts, translators);

2. the expression of intent by the parties;

3. the location and date of the negotiation and the conclusion of the legal transaction;

4. the signatures of the parties and the participating individuals;

5. the official certification by the notary.

**3. If the document refers to any exhibits, these form part of the document and must be attached to it.**

1. The certifying official reads the document to the parties and obtains their confirmation that the document reflects their intentions. If requested, the document must also be presented to the parties for reading. Parties who read the document themselves can expressly waive the reading.

2. The public certification occurs in such a way that the certifying official certifies with their signature on the document that it has been read to the parties or has been read by them and contains their intentions.

3. The corresponding certification formula may appear before or after the parties' signatures.

4. The certifying official may delegate the recording of the document to an employee and may also instruct the employee to read documents relating to legal transactions involving real property rights and contracts for the establishment or modification of land charges (Art. 8 para. 2 and para. 3).

1. The parties and any potentially involved persons must be present throughout the entire proceedings, and the process should be completed without significant interruption.

2. In the public notarization of legal transactions involving real rights and rights with real effect on immovable property, the simultaneous presence of the parties is not a validity requirement. If the parties do not appear simultaneously before the notary in this case, the procedure must be conducted separately with each party, and each party's declaration must be notarized individually. As long as all parties have not signed the document, those who have already signed can withdraw their declaration in writing or orally with the notary.

3. The oral withdrawal must be immediately confirmed in writing.

4. For the notarization of contracts or alterations to a mortgage right, the presence of the property owner is generally sufficient. The involvement of the creditor can be replaced by a written declaration.

1. Subject to the special forms for individual legal transactions.

1. For illiterate persons, the notarization is governed by Article 13 of the Introductory Act to the Swiss Civil Code (EG ZGB) of April 29, 2012.

2. In the public notarization, the reason why the person does not sign or replaces their signature with the public notarization must be stated.

1. For persons lacking proficiency in the language, notarization is governed by Art. 14 of the Swiss Code of Obligations.

2. The reason for involving a translator must be stated in the public deed.

3. If a person (party) is mute or deaf, public notarization may only be performed if the notary has ensured that the person (party) in question is capable of comprehending the content of the document. If necessary, an expert (teacher for the deaf and mute) must be consulted.

4. The public deed must specify the manner in which and by whom the content of the document was communicated to the person (party).

1. The recording of the document is generally done on loose sheets; it can also be carried out in books. If the document recording is done on multiple loose sheets, they must be securely fastened together, and each sheet must bear the stamp of the certifying authority.

2. The certifying officer must include a copy of each document in their official records.

3. For the certification of surety declarations, maintaining a special register is sufficient.

4. The specific provisions regarding the preservation of wills and the public certification, order, and preservation of land registry documents remain reserved.

1. The recusal is governed by Art. 12 para. 3 of the Introductory Act to the Civil Code (EG ZGB).

1. The fees for public notarizations are specified in the Ordinance on the Fees of the Cantonal Administration.

1. This ordinance was adopted by the Grand Council on June 1, 1951, and shall enter into force immediately upon its approval by the Federal Council. All orders conflicting with it shall be repealed.