Notarisation Act (BeurkG) - Subject Matter (BeurkG)

1. This law governs the public notarization in accordance with Art. 55 of the Final Title of the Swiss Civil Code (ZGB).

1. The following are responsible for public notarization

a) the municipal clerk, with the exception of notarizations in land registry matters;

b) the head of the inheritance office in matters of marital property and inheritance law;

c) the land registry administrator in land registry matters;

d) the commercial register administrator in commercial register matters.

2. Attorneys registered in the attorneys' register of the Canton of Appenzell Ausserrhoden are granted the authority to notarize as per para. 1 lit. a, provided they are registered as public notaries with the supervisory authority.

3. The aforementioned individuals are designated as "Public Notaries."

4. The deputy of the public notary pursuant to para. 1 is also competent to perform public notarizations.

5. The municipal council may transfer the certification authority according to Art. 20 to a qualified secretarial person.

1. The municipal clerk and the head of the inheritance office shall carry out the public authentications within their municipal area. Exceptionally, they may also perform these in another municipality, provided that the president of that municipality grants permission.

2. The commercial register officer and the attorney are responsible for public authentications throughout the entire canton.

3. The land registry officer is responsible for land registry matters in the municipality for which they are elected. Exceptionally, authentications within their own area of responsibility can also be carried out in another municipality.

4. The authentication of contracts concerning multiple properties located in different municipalities can be performed by any land registry officer in whose municipality one of the respective properties is situated.

1. Request for the Execution of a Public Notarization

The public notary must comply with a request for the execution of a public notarization within a reasonable period of time, provided they are competent to do so.

1. The public notary verifies the identity as well as the legal capacity and competence of the parties and the involved persons. They require the presentation of the corresponding identification documents. In cases of representation, they demand a written power of attorney.

2. If there are doubts about the identity, competence, or the power of attorney, the notarization is to be refused.

1. The public notary ascertains the content of the declaration and the existing facts. They ensure that the true intention of the parties is clearly and completely expressed.

2. They inform the parties about the content and legal significance of the document.

1. Authentications must be prepared and executed with the utmost care.

1. The public notary retains a copy of the document they have created in a secure location.

2. They maintain a register where the notarizations they have performed and their dates are evident.

3. Attorneys must submit the register and document collection to the supervisory authority for safekeeping within six months after their notarization authority expires. An exception remains for the handover to a successor.

1. Public notaries, their assistants, supervisory authorities, and all other authorities and individuals involved in the notarization process must maintain confidentiality regarding their activities and observations while performing their duties.

1. The recusal is to be conducted in accordance with federal law and Article 8 of the Administrative Procedure Act.

2. The same grounds for recusal apply to other involved persons as they do to the public notary.

3. Office partnerships and employment relationships within the office of the public notary, as well as an attorney-client relationship between a party and the public notary, do not constitute grounds for recusal.

1. In addition to the declaration being notarized, the document must contain the following elements

a) the precise identification of the parties and the participating individuals;

b) the name and first name of the public notary;

c) place, date, and time of the execution of the document;

d) the signatures of the parties and the participating individuals;

e) the notarization by the public notary.

1. The public notary shall fully inform the parties of the document. They read it aloud to them or present it to them for reading and provide them with explanations.

2. The parties sign the document after they have unconditionally approved its content.

1. Upon signing by the parties, the public notary confirms with their signature that

a) the document reflects the true intentions of the parties;

b) the parties have read the document themselves or it has been read to them;

c) the parties have unconditionally approved the content of the document;

d) the parties are legally competent.

1. The parties must be present throughout the proceedings according to Articles 12 and 13.

2. The government council issues an exception regulation in matters concerning the land register.

1. The public notary, within the scope of their jurisdiction, also conducts a non-mandatory authentication. They shall refuse to authenticate if there is a concern of the document being used abusively.

1. The document must be drafted in a language that all participants understand.

2. If not all participants understand the language, a translator must be involved, who shall sign the document and confirm that the translation has been performed diligently.

1. If a party declares that they are unable to sign their name or make a mark, the public notary must record the reason in the notarization formula.

2. If a party is mute, deaf, or otherwise limited in their sensory perception or ability to express themselves, the public notarization may only proceed if the public notary has ensured that the party is capable of understanding the content of the document.

1. The preceding rules shall apply mutatis mutandis to the public notarization of other legal acts, such as assembly resolutions and similar actions.

2. The public notarization is carried out in such a manner that the public notary, by stating their name on the document, declares that they are certifying it publicly and that the document corresponds to their own observations.

3. The public notary must sign this declaration, indicating the place, date, and time.

1. The Deed for Documenting Existing Facts Must Include

a) Name, first name, function, and business address of the public notary, as well as the personal details of the party requesting the documentation;

b) a precise description of the established facts;

c) the declaration of documentation, the date, and the signature of the public notary.

1. Certification consists in the ascertainment and confirmation by the public notary of

a) the authenticity of a signature or mark;

b) the conformity of a copy, an excerpt, or another written reproduction with a document presented to the public notary.

1. The Public Notaries are authorized to

a) create electronic copies of the documents they draft;

b) certify the conformity of the electronic copies they create with the original paper documents;

c) electronically certify the authenticity of signatures.

1. The public officials charge a fee for their official acts.

2. The fee is determined according to the fee schedule for the municipalities.

1. The supervision of the certification activities of attorneys is carried out by the Attorney Supervision Commission on behalf of the Higher Court.

2. The other public notaries are subject to the supervision of the competent department.

1. The supervisory authorities are responsible for overseeing the activities of public notaries and, if necessary, taking sanctions.

2. The supervisory authorities coordinate their activities.

1. Liability is governed by Articles 262 et seq. of the Act on the Introduction of the Swiss Civil Code.

2. Attorneys are liable for their certification activities in accordance with the provisions of federal civil law. They are required to obtain liability insurance for their activities as public notaries pursuant to Article 12 letter f of the Federal Act on the Free Movement of Attorneys.

1. If a public notary breaches their duty, the supervisory authority may impose the following sanctions

a) Warning;

b) Written reprimand;

c) Fine of up to CHF 20,000;

d) Temporary revocation of notarization authority for a maximum of 2 years;

e) Permanent revocation of notarization authority.

2. For attorneys, the disciplinary measures of the Federal Act on the Free Movement of Lawyers apply mutatis mutandis.

1. Any person who unlawfully refers to themselves as a public notary or uses an equivalent title shall be fined up to CHF 20,000.

1. The Executive Council issues the regulations necessary for enforcement.

1. The following enactments are amended

a) Law of April 27, 1969, on the Introduction of the Swiss Civil Code

b) Law of February 26, 2001, on Municipal Fees

1. This law is subject to the optional referendum.

2. The government council determines the commencement.