Ordinance on Notarial Fees (NotGebV) - Scope of Application (OTNOT)

1. Notarial officers pursuant to Article 1, Paragraph 1 of the Notarial Act are obligated to collect the fees established in this ordinance for their official acts. They may also claim reimbursement for necessary expenses and value-added tax, which must be itemized separately.

2. The fee invoice must reference the provisions of this ordinance that have been applied.

3. The notarial officer may issue their fee invoices in the form of appealable orders.

1. An appeal against the fee decision of the notary public may be lodged by any party liable for payment with the Notary Commission within 30 days of receipt of the decision.

2. At the request of the notary public and the party liable for payment, the President of the Notary Commission shall set the fee definitively.

3. The Law on Administrative Justice shall apply mutatis mutandis to the procedures under paragraphs 1 and 2.

1. The notary public may demand advances to secure their fees and expenses.

1. If the parties to the document do not agree otherwise, they shall be jointly and severally liable for the fees.

2. If the transaction is not notarized, the fees shall be charged to those persons who requested the notary public to initiate the notarization process.

1. The fees shall, unless otherwise specified in this regulation, constitute the remuneration for the instructional discussion, the drafting of the deed, the notarization, and the issuance of the document in the necessary number of copies.

2. If clarifications, consultations, negotiations, or other preparatory actions that require an effort exceeding the usual scope precede the creation and notarization, or if similar execution actions follow, these may be specially charged according to the principles contained in Article 7, paragraph 1. The same applies in the case of significant additional effort due to notarization outside the official premises or due to documents in a foreign language.

3. If a completed document is presented to the notary public in a transaction pursuant to Article 16, the notary may charge a surcharge to the fee for notarization for the review, modification, or supplementation of the document according to the guidelines of Article 7, paragraph 1.

1. If multiple legal transactions requiring public notarization are addressed in a single document, fees must be calculated for each individual legal transaction, unless this regulation stipulates otherwise.

1. If no fees are stipulated for the establishment and notarization of a transaction in this regulation, the fees shall be determined based on the significance and complexity of the transaction, as well as the effort and time required by the notary public.

2. These assessment factors are also applicable where the regulation sets a fee range.

1. If a transaction does not proceed to notarization after its preparation, the portion of the fees designated for the drafting of the document shall be charged. If there is no specific fee for the drafting provided in this regulation, the procedure according to Article 7, Paragraph 1, shall be followed.

1. Fees may be reduced or fully waived for those in need, charitable or benevolent institutions, or on grounds of equity.

1. Certifications

a) Certification of a signature or mark: CHF 30, plus an additional charge of: CHF 10 for each additional signature (mark) on the same document

b) Certification of the conformity of a copy or an extract (book, protocol extract, etc.) or another reproduction (photocopy, etc.) with a document for the first page: CHF 20, for each additional page: CHF 5

c) Certification of a translation for each page: CHF 30 to 100

d) Certification of the securing of a date: CHF 30

2. If certifications of documents in foreign languages are to be conducted, witnesses or translators must be involved, or if a special form must be observed, the fee may be increased up to twice the amount.

a) Establishment of Foundations Inter Vivos: Fr. 500.- to 1000.-, for a foundation value exceeding 200,000 francs, an additional 1‰ on the excess over 200,000 francs

b) If the foundation capital is accumulated through periodic contributions, the foundation value is twenty times the amount of the annual contribution.

c) Amendment of a Foundation Deed: Fr. 500.- to 1000.-

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a) Conclusion, amendment, or termination of a marriage contract: CHF 500, for assets of the spouses covered by the contract exceeding CHF 200,000, an additional 0.1% of the excess value over CHF 200,000, maximum: CHF 15,000.

b) Preparation of an inventory with or without appraisal of the spouses' assets: CHF 300, for an inventory value exceeding CHF 200,000, an additional 0.1% of the excess value over CHF 200,000, maximum: CHF 15,000.

c) Conclusion or amendment of a community property contract: CHF 500, for a contract value exceeding CHF 200,000, an additional 0.1% of the excess value over CHF 200,000, maximum: CHF 15,000.

d) * Establishment or revocation of an advance care directive: CHF 200, with a surcharge according to time spent in cases of special efforts for consultation and establishment.

e) * Items a and b apply mutatis mutandis to the registered partnership.

a) Establishment or Revocation of a Public Will: CHF 300.-, for a disposition value exceeding 200,000 francs, an additional 1‰ of the excess over 200,000 francs, maximum: CHF 15,000.-

b) Establishment or Amendment of an Inheritance Contract: CHF 500.-, for a contract value exceeding 200,000 francs, an additional 1‰ of the excess over 200,000 francs, maximum: CHF 15,000.-

c) Unilateral Termination of an Inheritance Contract: CHF 500.- to 1,000.-

d) Preparation and Public Authentication of a Security Inventory per Hour of Work: CHF 100.- to 200.-. For an estate value exceeding 100,000 francs, an additional charge of 1‰ of the excess, but not exceeding CHF 15,000, may be levied in addition to the fee based on time spent.

e) Preparation and Public Authentication of a Public Inventory: same fee as item d

f) Establishment of an Inheritance Annuity Contract: CHF 500.-, for a contract value exceeding 200,000 francs, an additional 1‰ of the excess over 200,000 francs, maximum: CHF 15,000.-

1. Fees shall be calculated based on the contract sums unless otherwise specified below.

2. If no contract sums are specified, the value for the purpose of fee assessment shall be determined in consultation with the parties. If no agreement is reached, the parties shall each bear the cost of providing a current official market value appraisal.

3. If a property is transferred based on a federally established claim at its income value, the fee shall be assessed based on this value.

4. If a contract for work is included in the document between the same contractual parties, the fee shall also be assessed for the consideration of that legal transaction.

1. The same fees for the issuance of documents shall be charged as for notarization in accordance with Article 16 of this regulation.

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a) Transfer of Ownership (unless deviations are specified below): 1‰, Minimum: Fr. 100.-, Maximum: Fr. 15,000.-. In the case of exchange contracts, the value of only one of the exchange objects and, if the values differ, that of the higher-valued exchange object applies.

b) Transfer or Assignment of Contract: 1‰, Minimum: Fr. 100.-, Maximum: Fr. 15,000.-

c) Establishment of Condominium Ownership of Real Estate and Independent and Permanent Building Rights (Value of Land and Construction Costs or Value of Existing Buildings): 1‰, Minimum: Fr. 100.-, Maximum: Fr. 15,000.-

d) Supplement to the Establishment of Condominium Ownership, taking into account the scope and significance of the supplement: Minimum: Fr. 100.-, Maximum: Fr. 5,000.-

e) Change in Ownership Structure through Partition of Land owned in Co-ownership or Joint Ownership of Several Persons (from the total property value): 1‰, Minimum: Fr. 100.-, Maximum: Fr. 15,000.-

f) Change in Ownership Structure through Conversion of Co-ownership into Joint Ownership and vice versa (from the total property value): 1‰, Minimum: Fr. 100.-, Maximum: Fr. 15,000.-

g) Change of the Co-owner’s Right of Cancellation: Fr. 50.-

h) Agreements on the Credit Value and the Cancellation or Modification of the Right of Allocation in Communal Ownership of Agricultural Enterprises and Properties: Minimum: Fr. 100.-, Maximum: Fr. 1,000.-

i)

1. Mortgage Right (from the pledged sum): 1‰, Minimum: Fr. 100.-, Maximum: Fr. 15,000.-

2. Agreement on the Right of Substitution: Fr. 50.-

3. Conversion of a Real Estate Charge to a Mortgage Certificate and vice versa: 0.5‰, Minimum: Fr. 100.-, Maximum: Fr. 7,500.-

4. Conversion of a Maximum into a Capital Mortgage Charge and vice versa: 0.5‰, Minimum: Fr. 100.-, Maximum: Fr. 7,500.-

5. Separate Renewal of Mortgage Right: 0.5‰, Minimum: Fr. 100.-, Maximum: Fr. 7,500.-

6. * Conversion of a Paper Mortgage Certificate into a Register Mortgage Certificate: 0.5‰, Minimum: Fr. 100.-, Maximum: Fr. 7,500.-

k) Increase of the Maximum Interest Rate: Fr. 50.-

l) Change of Pledge

1. - when exchanging the entire pledge: 0.5‰ of the pledged sum, Minimum: Fr. 100.-, Maximum: Fr. 7,500.-

2. - when exchanging individual parcels: 0.5‰ of the additionally pledged property value, but not more than 0.5‰ of the pledged sum, Minimum: Fr. 100.-, Maximum: Fr. 7,500.-

3. - when exchanging parcel parts (e.g., border adjustments): Fr. 50.-

m) Increase of Pledge: 0.5‰ of the additionally pledged property value, but not more than 0.5‰ of the pledged sum, Minimum: Fr. 100.-, Maximum: Fr. 7,500.-

n) Servitudes and Real Burdens

1. Fee: Fr. 100.- to 1,000.-

2. If a specific contract value is derived from the contract - for building rights, usufruct and residential rights, and real burdens, the contract value is considered to be twenty times the annual use value - the same fee as item a.

o) Pre-emption, Purchase, and Repurchase Rights: 1‰, Minimum: Fr. 100.-, Maximum: Fr. 15,000.-

p) Cancellation and Amendment of a Statutory Pre-emption Right: Fr. 100.- to 1,000.-

q) Preliminary Contract: 1‰, Minimum: Fr. 100.-, Maximum: Fr. 15,000.-

r) Determinations on the Licensing Requirement for the Acquisition of Real Estate by Persons Abroad: Fr. 100.- to 5,000.-

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a) Public Deed on the Establishment of a Corporation (also Limited Partnership with Shares): CHF 1000.-, for share capital exceeding 200,000 Swiss Francs, on the increased value over 200,000 Swiss Francs additionally: 1‰

b) Establishment and Certification of a Contribution in-kind Agreement: same fee as Articles 15 and 16 Letter a of this Ordinance

c) Public Deeds concerning the Resolutions of the General Meeting and the Board of Directors on the Increase of the Share Capital of Corporations, each: CHF 500.-, for an increase over 200,000 Swiss Francs on the increased value over 200,000 Swiss Francs additionally each: 1‰

d) Public Deeds on the Reduction of the Share Capital of Corporations: same fee as for the resolutions according to Letter c. In the case of a reduction and simultaneous re-increase of the share capital, the fee is to be calculated only once, possibly from the higher amount.

e) Certificate of Completion of the Procedure concerning the Invitation to Creditors in the Event of Capital Reduction: CHF 500.- to 2000.-

f) Public Deed on Resolutions of a Corporation (bylaws revision, additional payments, dissolution, etc.), if not falling under Letters a, c, d, or h: CHF 500.- to 2000.-

g) * ...

h) * ...

a) Public deed for the establishment of a limited liability company: CHF 500.-; for a share capital over CHF 100,000, an additional fee: 1‰ of the excess over CHF 100,000.

b) Incorporation and notarization of a contribution in-kind agreement: same fee as Article 15 and 16 letter a of this regulation.

c) Public deed regarding the increase or reduction of the share capital of a limited liability company: fee according to letter a.

d) Declaration deed regarding the procedure conducted concerning the creditor call in the event of capital reduction: CHF 500.- to 1,000.-.

e) Public deed regarding resolutions of a limited liability company (amendment of the articles of association, dissolution, etc.), unless letter a, c, or g apply: CHF 500.- to 1,000.-.

f) * ...

g) * ...

a) Public Deed on a Merger Resolution: CHF 500.- to 2000.-

b) Public Deed on a Split Resolution: CHF 500.- to 2000.-

c) Public Deed on a Conversion Resolution: CHF 500.- to 2000.-

d) Creation and Notarization of an Asset Transfer Agreement: same fee as Articles 15 and 16 (a) of this Regulation, Minimum: CHF 500.-

e) Public Deed on the Merger Agreement of Family and Ecclesiastical Foundations: CHF 500.- to 1000.-, for a foundation value exceeding 200,000 Francs, additionally on the excess over 200,000 Francs: 1‰

f) Public Deed on the Certification concerning a Property Transfer: CHF 200.- to 2000.-

a) Public Deed for the Establishment of a Cooperative: CHF 1000.-

b) Establishment and Certification of a Contribution-in-kind Agreement: same fee as Article 15 and Article 16 Letter a

c) Public Deed for a Resolution to Amend the Statutes: CHF 500.- to CHF 2000.-

a) Certification of the Replacement of a Signature according to Article 15 of the Code of Obligations: CHF 100.- to 300.-

b) Certification of a Declaration according to Article 90 of the Code of Obligations: CHF 100.- to 300.-

c) Certification of Surety Declarations, Authorization to Enter into Suretyship, Increase of the Liability Amount, Conversion from Simple to Joint Suretyship: CHF 100.-; for a liability amount exceeding 50,000 Swiss Francs, an additional 1‰ of the amount exceeding 50,000 Swiss Francs is charged, maximum: CHF 5000.-; if separately declared surety declarations by two or more sureties liable for the same debt are to be certified individually by the same certifying official, a surcharge of 10 percent on the fee is levied for the second and each subsequent certification: minimum CHF 100.-, maximum CHF 1000.-

d) Formation of a Life Annuity Contract: CHF 500.-, for a contract value exceeding 200,000 Swiss Francs, an additional 1‰ of the amount exceeding 200,000 Swiss Francs is charged, maximum: CHF 15,000.-

e) Protest for Bill of Exchange or Check for the Drafting of the Document: CHF 200.-, for a bill of exchange or check value exceeding 100,000 Swiss Francs, an additional 1‰ of the amount exceeding 100,000 Swiss Francs is charged, maximum CHF 1000.-; for the presentation of the bill of exchange or check without a protest document: CHF 100.-; if the bill of exchange must be presented to more than one person, the fee for each additional person residing at the same location is 50 percent of the above rates. If the bill of exchange or check must be presented outside the local radius, travel compensation of CHF 5.- per kilometer or taxi expenses may be charged.

f) Certification of a Lottery: CHF 100.- to 1000.-

g) Certification of a Statutory Declaration: CHF 100.- to 300.-

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a) Creation of an Enforceable Public Deed: Fr. 200.-

b) Delivery of an Enforceable Public Deed, including its Certification, by the Notary who Created the Deed to be Delivered: Fr. 100.-

c) Delivery of an Enforceable Public Deed by a Notary who Did Not Create the Deed to be Delivered: Fr. 100.- to Fr. 200.-

1. This regulation shall enter into force on January 1, 2001. At this time, the Regulation on Notary Fees dated February 8, 1982, shall be repealed.