Act on Public Deeds (Public Deeds Act, BeurkG) (Beurkundungsgesetz, BeurkG) - Definitions (BeurkG)

1. For the purposes of this Act, the following definitions apply

a. Document attesters are notaries, certification officers, and protest officers.

b. A public document is a document executed by a document attester in the prescribed procedure.

c. Public notarization is the procedure in which a public document is executed.

d. A party is one who has a public notarization concerning him or her carried out.

e. A document party is the party participating in the public notarization or the representative of a party.

f. Auxiliary persons are witnesses, experts, and translators.

g. Notarization authority means the authority to perform public notarizations pursuant to § 2 subsection 1.

h. Certification authority means the authority to perform official certifications pursuant to § 2 subsection 1c.

i. Protest authority means the authority to record the protest in cases of bills of exchange and checks.

1. The Law is applicable to

a. Transactions for which federal law prescribes public notarization;

b. Transactions for which the parties, without legal regulation, require the form of public notarization;

c. The official certification of a signature, a copy, an excerpt, another reproduction of a document or a translation (§§ 42 to 44);

d. The issuance of a public document concerning the drawing of lottery bonds and lotteries, concerning other drawings, and concerning competitions (§ 45);

e. The administration of an oath and the declaration under oath (§ 46);

f. The issuance of a public document concerning further events and conditions and the legal situation that may mandatorily arise therefrom (§ 46a).

2. The Law does not apply to

a. Public documents issued by authorities or officials in an official capacity;

b. The legalization of the signature of Lucerne authorities, officials, and notaries by the State Chancellery.

1. The authority to perform public notarizations in the Canton of Lucerne is vested in the Lucerne notaries.

2. Legal transactions that involve the granting of a real right to a property located in the Canton of Lucerne can only be publicly notarized by a Lucerne notary.

1. Notaries are authorized to perform all public notarizations in accordance with Section 2 Paragraph 1.

2. Certification officers are authorized to perform official certifications in accordance with Section 2 Paragraph 1c.

3. Protest officers are authorized to record protests with bills of exchange and checks.

**1. The following shall be appointed as notaries by the president of the supervisory authority:**

a. Lawyers who run a law office or are permanently employed in one in the canton of Lucerne;

b. Licensed municipal clerks in office and their full-time or main job licensed deputies;

c. Other employees with municipal clerk functions with full or partial authority for certification, provided there is a need.

**2. Requirements are:**

a. An examination passed by the applicant regarding their qualification;

b. The provision of the prescribed security;

c. Taking the oath as notary; and

d. Residency in Switzerland.

1. The examination consists of a written and an oral part.

2. Holders of a cantonal lawyer's license or the Lucerne certificate of competence as a municipal clerk are admitted.

3. The Cantonal Court appoints an examination commission for a term of office of four years, consisting of five members, including at least two notaries, as well as substitute members.

4. The Cantonal Court determines further details by ordinance.

1. Notaries are required to obtain liability insurance as security for the coverage of damages arising from the execution of notarization activities.

2. The liability insurance must meet the requirements, which are to be established by regulation.

1. Notaries are required to take the oath or affirmation before the Cantonal Court.

2. The Cantonal Council establishes the form of the oath and affirmation by regulation.

3. Whoever fails to take the oath or affirmation forfeits the office.

1. The appointment as a notary shall be published in the Cantonal Gazette.

2. The Canton Court shall maintain a register of notaries.

1. Certification Officers are

a. * The State Recorder and the officials of the State Chancellery designated by the Government Council;

b. the Court Clerks and their full-time deputies;

c. * the current Municipal Clerks and the employees of the municipal administration designated by the municipality.

1. Protest Officers are

a. * ...

b. * the municipal clerks currently in office and the employees designated by the municipality of the municipal administration.

1. Notaries use a seal or stamp, which are to be obtained from the Cantonal Court.

2. Certification officers and protest officers use the official seal or official stamp.

1. Termination of Notarization Authority

a. upon resignation;

b. upon the loss of the necessary skills required for its exercise;

c.* ...

d. upon its permanent revocation according to § 58 para. 2d;

e. upon insolvency;

f. upon relinquishing residence in the Canton of Lucerne;

g. upon the lapse of sufficient security provision according to § 7;

h. for officials, additionally upon leaving office;

i.* for lawyers, additionally upon the lapse of conditions according to § 5 para. 1a.

2. The Notarization Authority is suspended

a. upon its revocation for a limited time according to § 58 para. 2c;

b.* ...

c.* ...

1. The supervisory authority issues a disciplinary decision in cases pursuant to § 13 subsections 1d and 2a, and a declaratory decision in all other cases.

2. The revocation or suspension of the notarization authority must be published in the cantonal bulletin.

3. The decision becomes effective upon notification, but for bona fide parties and third parties, it is only effective from the day following the publication.

1. The Cantonal Court shall regulate by ordinance the procedure for the termination, suspension, and reissuance of the certification authority.

2. If authorities and officials of the canton or the municipalities ascertain facts in the course of their official duties that are significant for the termination or suspension of the certification authority, they shall report this without delay to the supervisory authority for the notaries.

1. The notary is obliged to duly preserve the protocol book and the collection of documents even after the expiration of the certification authority. If necessary, the supervisory authority may order the delivery to the Cantonal Court.

2. If the certification authority expires or is suspended, the notary must deliver the seal or stamp to the Cantonal Court.

3. The same obligations apply to the heirs of a deceased notary.

1. The authentication and protest authority expires

a. upon the loss of the abilities required for its exercise;

b. upon departure from office;

c. upon its permanent revocation pursuant to § 58 paragraph 2d.

2. The authentication and protest authority is suspended

a. upon its revocation for a limited time pursuant to § 58 paragraph 2c;

b. * ...

3. Sections 15 and 16 apply mutatis mutandis.

1. Notaries employed by the cantonal land registry are prohibited from certifying legal transactions involving real estate.

2. The commercial register officer and their deputy are prohibited from certifying legal transactions, even if they are notaries, for which an entry in the commercial register is required.

3. The marital property register officer and their deputy are prohibited from certifying legal transactions, even if they are notaries, that concern marital property relations.

4. Notaries are prohibited from engaging in commercial brokerage in real estate transactions.

1. The notary and their assistants are obliged to maintain confidentiality regarding their activities and any observations they make during said activities.

2. Public documents prepared by the notary, as well as copies, excerpts, and other reproductions of public documents, may only be issued to authorized individuals; documents belonging to the file collection may only be issued in copy form.

3. Exceptions remain for the duty to produce documents and the duty to testify in an official proceeding.

1. The certifying officer may only perform their duties if they are commissioned by a party to the document with a public certification.

2. They may only refuse a request for public certification for justifiable reasons. In particular, refusal is justified if the certification of a legally irrelevant fact is requested or if there is no justifiable interest in certification.

3. The certifying officer must refuse certification

a. if there is a statutory ground for exclusion;

b. if they feel biased for any other objectively justifiable reason;

c. if that which is to be certified is legally impossible, unlawful, or against public policy;

d. if doubts exist as per § 26.

1. The notary public is prohibited from officiating when involved in a document authentication or directly interested are

a. the notary public themselves;

b. a person whom the notary public represents;

c. * any of the following relatives

1. Spouse, registered partner, or fiancé(e);

2. Relatives in the direct line; stepparents or stepchildren, as well as registered partners of the parents or children of the registered partner; parents-in-law or parents of the registered partner, son-in-law, or daughter-in-law;

3. Brother-in-law and sister-in-law, siblings of the registered partner, as well as the following collateral relatives: siblings, uncle and aunt, niece and nephew, cousin (first cousin);

4. Spouses or registered partners of siblings of one's own spouse or registered partner;

5. Adoptive parents or adoptive children; foster parents or foster children;

d. their employer;

e. a private legal entity, whose leading body (board of trustees, executive board, management, etc.) or supervisory body includes one of the persons mentioned in this paragraph;

f. a public legal entity, whose administrative body or supervisory body includes one of the persons mentioned in this paragraph;

g. a general or limited partnership, to which one of the persons mentioned in this paragraph belongs.

2. The ground for exclusion based on marriage or registered partnership continues to apply even after its dissolution.

3. Deviating provisions of federal law and this statute remain reserved.

4. No grounds for exclusion exist if the notary public or a person represented by them or one of the other persons mentioned in paragraph 1 is a creditor of a claim regarding which assumption of debt is agreed upon in a contract for the transfer of real estate.

1. The notary is not permitted to officiate at notarizations according to §§ 40 and 41

a. if the following are involved or directly interested in the notarization: the notary himself or a person whom he represents in the notarization;

b. if the company is his employer;

c. if one of the persons mentioned in § 21 is a member of the executive body or supervisory board of the company.

1. The Notary shall not officiate during notarization under § 45

a. if he is the organizer or has to represent the organizer during the notarization;

b. if the organizer is his employer;

c. if he is a member of the organizing body or its supervisory board.

1. Witnesses, experts, and translators must be legally competent and possess the necessary senses for perception.

2. They must not have any of the relationships with the parties and their representatives as specified in Sections 21-23.

3. The translator may simultaneously serve as a witness or expert.

4. Divergent provisions of federal law remain reserved.

1. If the official document person does not know a party to the document or any ancillary person, they must ascertain their identity in an appropriate manner.

2. It is not necessary to ascertain the identity when a copy, an excerpt, another reproduction of a document, or a translation is to be officially certified.

3. The provisions regarding the certification of meeting resolutions and corporate legal determinations (§§ 40 and 41) remain reserved.

1. The certifying officer must obtain as reliable as possible knowledge regarding the capacity and authority of the parties and their representatives to make legal declarations, as well as the presence of the necessary qualifications in any ancillary persons.

1. The notary public may only certify what they have perceived with their own senses, subject to paragraph 2.

2. The notary public can have the protest on a bill of exchange and check recorded by an employee and limit themselves to signing the protest document.

**1. The Notary Public shall prepare and execute the notarization with due care.**

2. The notary, in particular, shall ascertain the intent of the parties, inform them about the form and legal implications of the transaction, provide them with the information necessary for decision-making, insist on the elimination of contradictions and ambiguities, and ensure that the intent of the parties is clearly and fully expressed.

3. These duties apply even when a prepared document is presented to the notary.

1. The notary must, ex officio and without delay, register legal transactions concerning real estate with the land registry, unless the parties to the document agree otherwise.

2. If legal transactions must be registered with another authority or require approval or authorization by a government agency, the notary is obliged to inform the parties to the document about this.

3. Moreover, the obligation to communicate with registrars is governed by the provisions of federal law.

1. The notary public must record all actions pursuant to Section 2, Paragraph 1 in a protocol book.

2. The supervisory authority may inspect the protocol book.

1. Notaries and protest officers maintain a records collection.

2. Details, particularly the content and storage of the records collection, shall be regulated by ordinance.

3. The supervisory authority may review the maintenance of the records collection.

1. A public document is null and void if the regulations concerning the following matters have been violated

a. Jurisdiction (Sections 3 and 4);

b. Incompatibility pursuant to Section 18 paragraphs 1-3;

c. Exclusion (Sections 21-23, Section 24 paragraph 2);

d. Capacity of secondary parties (Section 24 paragraph 1);

e. Perception with one's own senses (Section 27 paragraph 1);

f. Procedure according to Sections 33, 34, 37-51.

2. In the case of faulty amendments or corrections as well as erasures (Sections 35 and 36), the judge shall decide whether the public document is wholly or partially null and void.

3. The nullity must be observed ex officio.

4. The provisions of federal law concerning formal defects of a public document remain reserved.

1. The notarization is to be conducted without any substantial interruption.

2. If statements from multiple parties to the deed are to be notarized, all parties to the deed must be present simultaneously.

1. The public deed must contain the following formal components

a. the certification by the notary in accordance with §§ 37-51;

b. place and date of its execution;

c. the signature of the notary;

d. seal or stamp of the notary.

2. The seal or stamp may also be affixed subsequently.

1. If the parties to the document wish to make amendments to the document presented to them, such amendments must be made in the margin, within the text, or at the end of the document and be included in the authentication.

2. Each individual amendment must be signed by the parties to the document. The same applies to the auxiliary persons involved under §§ 47-51.

3. The special signature may be dispensed with if the parties to the document or the auxiliary persons declare in writing within the document that the amendments also correspond to the intentions of the parties and the written declaration clearly covers the amendments.

4. The notarizing person must sign and date the individual amendments, or include them in their attestation in such a manner that the attestation clearly covers the amendments.

1. The procedure for the deletion of unnecessary letters, numbers, words, or sentences and for the correction of other clerical errors as well as omissions shall be regulated by ordinance; similarly, the procedure in the event of absence or inaccuracy of information that, according to the provisions of substantive law, does not constitute a validity requirement shall be regulated.

2. The document must not be erased.

1. The electronic issuance of public documents and certifications is permissible. The Cantonal Court shall regulate the details by ordinance.

1. The Public Notarization is to be Carried Out as Follows

a. * The notary shall read the document to the parties to the act, unless exceptions for certain parts are permitted by regulation. The essential components of the declaration of intent to be notarized must be read in any case.

b. The parties to the act must declare that the document contains their intent.

c. The parties to the act must sign the document.

d. * The notary must certify that he has read the document to the parties to the act as necessary, that it corresponds to the intent communicated to him by the parties to the act, and that the parties to the act have signed the document in his presence.

e. The notary must sign the document.

2. Reserved are the forms of notarization under federal law, as well as the special and extraordinary notarization procedures of this law.

1. The provisions pursuant to § 37 apply accordingly when the declaration of a single party to the document is to be certified.

1. A legal transaction among the living may also be documented in the form of a disposition upon death.

1. Unless federal law requires the document to be signed by the party involved, resolutions of meetings may be documented according to the following provisions.

2. The notary must attend the meeting.

3. The public document must include

a. the location, date, and time of the beginning of the meeting;

b. the constitution of the meeting (appointment of the chairperson, the recorder, and the teller(s)). The notary may also serve as the recorder or teller;

c. the chairperson’s declarations regarding

1. the lawful and statutory convening of the meeting;

2. the number of participants and the rights represented by them;

3. the deliberation and decision-making ability of the meeting;

4. any objections to these determinations;

d. the verification of the identity of the persons participating in the meeting, if required;

e. the individual resolutions verbatim, the voting ratio, and mention of the documents underlying the resolutions;

f. on request by participants: their motions and any other statements declared for the record;

g. the time of the conclusion of the meeting;

h. the signatures of the chairperson and the recorder;

i. the signature of the notary with the certification that they attended the meeting from the beginning to the end.

4. The notary is entitled to draft the document only after the meeting concludes and to sign it after obtaining the signatures of the chairperson and the recorder. If the chairperson or recorder refuses to sign, the notary must note this at the end of the document, stating any reasons provided to them.

5. The notary must execute the documentation even if they have doubts about the validity of the resolutions. They may express their doubts in the document.

1. The Public Deed on Corporate Law Findings (Art. 734, 764 para. 2, 788 para. 2, and 874 para. 2 of the Swiss Code of Obligations, Art. 83 para. 2 of the Commercial Register Ordinance) consists of the notary's certification that the requirements demanded by federal law are fulfilled according to his findings or according to the documents submitted to him.

1. The official certification of a signature consists of the certification by the authorized official that the signature was affixed in their presence or acknowledged by the person who affixed it as their own signature.

2. The same applies to the official certification of a mark.

1. The official certification of a copy consists of the certification by the certifying officer that the copy corresponds with a document presented to the certifying officer or produced by the certifying officer.

2. If the copy comprises multiple pages, this must be mentioned in the certification, and the signature must be affixed on each page.

3. In the same manner, the official certification of another reproduction of a document or an excerpt from such a document is executed.

1. The official certification of the translation of a document consists in the certification by the notarial person that the translation is accurate.

2. If the notarial person does not perform the translation themselves, they shall engage a translator. The translator must confirm the accuracy of the translation with their signature. The notarial person shall supplement the certification to be made in accordance with paragraph 1 accordingly.

3. If the translation comprises multiple pages, this must be mentioned in the certification by the notarial person, and both the notarial person and the translator must sign each page.

1. The Public Document Concerning the Drawing of Premium Bonds and Lotteries, Other Drawings, and Competitions Must Include

a. the personal details of the organizer;

b. the personal details of the participating individuals;

c. the location, date, and time of the commencement of the event;

d. the description of the proceedings that took place before the notary and the findings made by the notary;

e. the time of the conclusion of the event;

f. the signature of the notary with certification that he participated in the event from start to finish.

2. The notary is entitled to draft and sign the document retrospectively.

1. The administration of oaths and declarations in lieu of an oath is only permissible if it is required to protect rights abroad.

2. The party to the deed must sign the deed and swear or declare in lieu of an oath that the content of the deed is true.

3. The notary must certify that the party to the deed has sworn before them or declared in lieu of an oath that the content of the deed is true.

1. The public deed concerning further proceedings and conditions must contain

a. the personal details of the party;

b. the place, date, and, if necessary, the time of commencement and completion of the proceedings or the time of determination of the condition;

c. the exact description of the proceedings or the condition;

d. upon the party's request, the legal situation that may necessarily result from the proceedings or the condition;

e. the signature of the notary, in the case of the determination of a proceeding, accompanied by a certification that the notary observed it from beginning to end.

2. The notary is entitled to draft and sign the deed retrospectively.

1. If a party to the document declares that they are unable to sign, two witnesses must be brought in.

2. The notary must read the document to the parties involved in the presence of the witnesses. After this, the party to the document must declare in the presence of the witnesses that the document expresses their intentions.

3. The witnesses must confirm by signing the document that the notary read it aloud and that the party to the document made their declaration.

4. The notary must certify that the procedure was followed accordingly. In all other respects, § 37 paragraph 1 shall apply.

1. If a party to a document is deaf or deaf-mute, they must read the document themselves and provide a signature confirming that it contains their intention.

2. If the deaf or deaf-mute party to the document cannot read it themselves, an expert must be consulted. This expert is responsible for conveying the content of the document to the party and must provide a signature on the document confirming that the party informed them that the document contains their intention.

3. The notary must certify that this procedure has been followed. Otherwise, the provisions of § 37 paragraph 1 shall apply.

1. If a party to the document is mute, they must confirm on the document by signature that the document contains their intentions.

2. If the mute party to the document cannot sign, an expert must be consulted. This expert must confirm by signature on the document that the mute party has declared to them that the document contains their intentions.

3. The notary must certify that the procedure was followed. In other respects, § 37 paragraph 1 must be followed.

1. If a party to the document is blind, the provisions of § 47 shall apply accordingly.

1. If a party to the document is not proficient in the language in which the document is drafted, the notary must translate the document.

2. If the notary does not personally perform the translation or if a party to the document requests it, a translator must be engaged. The translator must translate the document and the relevant party's declaration that the document represents their will; the translator must sign the document to confirm that they have conscientiously translated the content of the document and the declaration of intent of the relevant party.

3. The notary must certify that the procedure described above was followed. Otherwise, proceedings are to follow § 37 section 1.

4. The translation procedure may be combined with one of the procedures set forth in §§ 47-50.

1. The official document officer is entitled to a fee for their services, and they have the right to reimbursement of necessary expenses. If they have acted upon the request of multiple persons, those persons shall be jointly and severally liable for the fees and expenses.

2. ...

3. The official document officer may demand a reasonable advance payment.

4. The municipalities shall enter into written agreements with their notaries in accordance with § 5 paras. 1b and c regarding the compensation for notarial services and any related activities. Full costs are to be compensated, particularly for the utilization of work time, the involvement of municipal personnel, the use of municipal infrastructure, and the utilization of the municipality's office materials.

1. The fee is the remuneration for preparatory work, the notarization act, and the registration of transactions that require entry.

2. The Cantonal Court regulates by ordinance which preparatory and subsequent tasks are not covered by the fee and how these are to be compensated.

1. The fee is determined based on fixed rates, a graduated millage rate, or a fee framework.

2. The fee for certifications is determined by fixed rates.

3. The fee for the notarization of legal transactions with a transaction value is determined by the graduated millage rate. The fee amounts to a maximum of three per mille of the transaction value, and for pledges, it is a maximum of two per mille of the pledge amount. No fee is levied on the portion of the transaction value exceeding ten million francs.

4. A framework tariff with a minimum and maximum fee applies to all other notarizations. The fee within the framework is determined by the required time expenditure.

5. The minimum fees may be undercut in exceptional cases.

6. The Cantonal Court regulates the details of the fee assessment by ordinance.

1. The supervisory authority shall decide on all disputed remunerations and related objections irrespective of the domicile or place of business of the debtor.

1a The President of the supervisory authority shall decide as a single judge if the amount in dispute is less than 20,000 Swiss francs.

2. Decisions of the supervisory authority and the President of the supervisory authority are equivalent to an enforceable judicial judgment under Art. 80 para. 2 of the Swiss Debt Collection and Bankruptcy Act (SchKG).

3. The Cantonal Court shall regulate the procedure by ordinance.

1. The notary may retain the public document they have created, as well as the documents entrusted to them by the parties involved in the notarization, until the fee is paid.

2. Disputes regarding this matter shall be decided by the supervisory authority.

3. The procedure shall be regulated by ordinance.

1. The provisions of the Code of Obligations concerning unlawful acts (Art. 41 et seq. CO) apply analogously to the financial liability of the public notary.

2. The notary is personally liable, even if they are required to remit the fees to a public entity.

3. If the fees are to be remitted to a public entity, the notary may request that the entity reimburse them for the premiums of the liability insurance.

4. Claims of liability against a notary are adjudicated by the civil court.

1. Supervisory Authority over the Notaries is a commission elected by the Cantonal Court for a term of office of four years, consisting of five members and four substitute members.

2. The chairperson is a member designated by the Cantonal Court.

3. One member and one substitute member are to be chosen from among practicing notary lawyers and municipal clerks. The Lucerne Notaries Association has the right to make nominations.

4. The secretary is to be designated by the Cantonal Court from among its court clerks.

1. The supervisory authority acts based on notifications, complaints, or its own findings, and in the case of § 20 para. 2, only upon complaint; it may issue binding instructions to the notaries both in general and for individual cases.

2. All authorities and officials of the canton and the municipalities are required to report serious breaches of duty by notaries, of which they become aware in their official capacity, to the supervisory authority.

3. The parties and third parties are entitled to lodge complaints regarding breaches of duty and administrative offenses.

4. Everyone is entitled to report breaches of duty and administrative offenses to the supervisory authority.

1. If a notarial official violates their duties or otherwise behaves improperly, the supervisory authority shall take disciplinary action against them.

2. Disciplinary measures are

a. Warning;

b. Fine of up to two thousand francs;

c. Revocation of authority for up to one year;

d. Permanent revocation of authority.

1. The type of disciplinary sanction is determined, taking into account the previous conduct of the notary public, by the severity of the violation.

2. If justified by the circumstances, different disciplinary sanctions may be combined.

3. Disciplinary liability exists irrespective of criminal proceedings or a liability process.

1. The Procedure in Disciplinary Matters is to be Regulated by Ordinance.

1. Appeals against decisions made in the application of this law may be brought before the Cantonal Court through an administrative judicial appeal. The Cantonal Court is also empowered to exercise discretion, except in appeals against examination decisions.

2. The procedure follows the provisions of the Law on Administrative Jurisdiction of July 3, 1972.

3. In remuneration disputes (§§ 52 et seq.), the procedure is governed by the provisions of the Swiss Code of Civil Procedure of December 19, 2008 (CPC).

1. Any person who, at the time this law comes into effect, is a document official pursuant to § 6 para. 1 no. 2 and 4 of the Law on Public Certifications of May 8, 1944, shall become a notary, provided that they furnish the security required by the new law and inform the Cantonal Court of their intent to retain the certification authority.

2. If the security is not provided and the notification is not made within three months from the effective date of this law, the certification authority shall expire.

3. Any person who, at the time this law comes into effect, holds the Lucerne attorney's license or the Lucerne proficiency certificate as a municipal clerk may become a notary without taking the examination pursuant to § 5 para. 2a and § 6. Paragraph 1 remains reserved.

4. Any person who avails themselves of the option under paragraph 1 or 3 shall otherwise be subject to the new law.

1. The Cantonal Court shall regulate all other matters by ordinance.

2. Provisions of the ordinance that contain further requirements for the content of public documents or the procedure to be followed in notarization, beyond those provided by this law or federal law, are of a regulatory nature.

1. The following are repealed by this Act

a. The Law on Public Certifications of May 8, 1944;

b. § 26 of the Land Register Act of July 14, 1930;

c. § 12 para. 3 of the Implementing Ordinance of the Government Council of January 18, 1926, to the Federal Act concerning Lotteries and Commercial Betting of June 8, 1923.

2. § 2 of the Deposit Fund Act of December 27, 1927, is amended as follows

3. The Act concerning the Introduction of the Swiss Civil Code of December 10, 1907, in the Canton of Lucerne of March 21, 1911, is supplemented by a § 27a as follows

1. This law shall enter into force on January 1, 1974. It is to be published.