Ordinance on Public Deeds (Public Deeds Ordinance, BeurkV) (Beurkundungsverordnung, BeurkV) - Appointment as Notary a. Application (BeurkV)

1. The application for appointment as a notary must be submitted to the Cantonal Court using a form obtainable from the Cantonal Court Office.

2. The following must be attached to the application

a. proof of the result of the notary examination;

b. proof of liability insurance;

c. * proof of residence in Switzerland.

3. Holders of an out-of-canton lawyer's license must attach the authorization to practice in the Canton of Lucerne to the application.

4. Municipal clerks and their full-time or official, licensed substitutes must attach the certificate of competence as a municipal clerk, as well as proof of election as a municipal clerk or as a full-time or official substitute, to the application.

5. Other officials with municipal clerk functions must demonstrate that there is a need for the conferral of notarization authority. Furthermore, they must attach the certificate of competence as a municipal clerk and proof of election as an official with municipal clerk functions to the application.

6. Further inquiries remain reserved.

1. If the requirements pursuant to § 5 of the Certification Act and § 1 of the Certification Ordinance are fulfilled, the applicant shall take the oath or the affirmation before the Cantonal Court.

2. The oath formula is: "I swear to faithfully and conscientiously fulfill my duties as a notary, so help me God."

3. The affirmation formula is: "I affirm to faithfully and conscientiously fulfill my duties as a notary."

1. The insurance contract to be concluded by the notary must meet the following requirements

a. The risk to be covered is liability for damages for which the notary is responsible due to the execution of notarial services. The obligation to insure is limited to cases where the notary is liable under the liability laws of Lucerne or Swiss law. The validity of the insurance must not be restricted geographically. The insurance coverage must also extend in particular to such damage cases that are caused during the insurance period but are only discovered and reported after its expiration (extended coverage).

b. The insurance amount must be at least two million Swiss Francs per year.

c. The deductible must not exceed 5% and a maximum of 5,000 Swiss Francs. There can be a waiver of the deductible as long as it is ensured that the insurer directly provides compensation to the injured third party, which assumes a deductible of 5% of the insurance settlement, but no more than 5,000 Swiss Francs.

d. The "Special Conditions" must contain the following text: "The policyholder authorizes the insurer to inform the Cantonal Court of the Canton of Lucerne of the suspension or termination of the insurance."

2. The presence of this requirement must be proven with a certificate from the insurer (proof of insurance).

1. Seals or stamps shall contain the coat of arms of the canton, as well as the first name, surname, profession, any academic degree, and the designation "Notary of the Canton of Lucerne."

2. Seals or stamps must be obtained from the Canton Court Office.

3. The Canton Court Office shall record the date of collection in the directory of notaries (§ 8).

4. Other seals or stamps may not be used.

1. The Protocol Book contains the following sections

a. Reference Number (§ 35);

b. First Name and Last Name or Company as well as Residence or Seat of the Parties;

c. Subject of the Notarization;

d. Place of Notarization;

e. Date of Notarization;

f. Fee;

g. Any Remarks;

h. Signature of the Notary.

2. The Protocol Book is to be obtained from the Cantonal Court Office. The stamp of the office and a consecutive reference number must be affixed on the cover page.

3. The Cantonal Court Office enters the reference number and date of acquisition of the Protocol Book into the notaries' register (§ 8).

4. Other protocol books may not be used.

**1. Documents to be Included in the File Collection:**

a. Copies of protest documents (Art. 1040 para. 3, 1098 para. 1, and 1128 CO);

b. A copy of other public documents, except those that remain permanently at a registry office, as well as official certifications;

c. Powers of attorney from representatives and other documents, such as consent declarations from spouses or registered partners, and official approvals, insofar as they do not need to be submitted to a registry office or another official body.

**2. Organization of the File Collection:**

The file collection must be organized appropriately, with copies of protest documents arranged in chronological order (Art. 1040 para. 3 CO).

**3. Retention of Documents:**

Documents belonging to the file collection must be retained for at least thirty years.

1. If a notary dies or their notarization authority expires, the supervisory authority shall order the delivery of the protocol book and the collection of files to the cantonal court office, unless assurance is given for their proper alternative storage.

2. If the notarization authority is suspended, the supervisory authority may order the delivery of the protocol book to the cantonal court office.

3. Viewing the documents stored by the cantonal court office or the protocol book requires the approval of the president of the supervisory authority, as does making copies or extracts. The duty of disclosure in an official procedure remains reserved.

4. The retention period is governed by § 6 paragraph 3.

1. The Register of Notaries is maintained by the Cantonal Court Office.

2. It is published in the State Gazette.

1. The provisions of Sections 5 and 7 apply mutatis mutandis to the authentication and protest officers.

1. The provisions of Sections 6 and 7 apply mutatis mutandis to the protest officers.

1. The public deed must include, in addition to the content of the transaction, the signatures of the parties to the deed, the notary's certification and signature, the place and date of execution, as well as the notary's seal or stamp

a. the heading designating the transaction;

b. the personal details of the parties, namely

1. * for natural persons: surname and given names (according to official spelling), date of birth, gender, place of residence and address, place of origin or nationality. In the case of real estate transactions, it must also be indicated whether the person is married or unmarried, or whether he or she is living in a registered partnership,

2. * for legal entities as well as partnerships and limited partnerships: company or name, registered office, legal form, if not apparent from the company or name, company identification number (UID), business premises or domicile, acting organ, and, for this organ, acting persons (surname and given names), as well as an indication of how the power of representation was evidenced;

c. the personal details of the representative, namely

1. in the case of representation by natural persons: given names and surname, date of birth, place of residence, address,

2. in the case of representation by partnerships and limited partnerships, as well as legal entities: acting organ and, for this organ, acting persons (given names and surname),

3. in all cases, an indication of how the authorization for representation was evidenced;

d. where applicable, an indication of how the identity of the persons mentioned under b and c was evidenced if they were not known to the notary.

2. In extraordinary proceedings, paragraph 1 applies mutatis mutandis, with the restriction that for secondary persons the specification of given names and surname, date of birth, place of residence, and address is sufficient, and with the addition that the circumstance leading to the application of the extraordinary procedure must be recorded in the deed.

3. The provisions contained in the Notarization Act and in this ordinance regarding special procedures remain reserved.

1. Enclosures are documents that are not integrated into the public instrument but are referenced within it. They must be present at the public notarization and are not read aloud.

2. Such enclosures must be dated, stamped, and signed by the notary for evidentiary purposes. They are to be designated as enclosures and marked with the serial number of the main transaction.

1. The public document must either be handwritten or produced in typewriting or other durable reproduction methods.

2. Writing materials that ensure the durability of the script must be used for handwritten public documents and signatures.

3. The date may be affixed with a stamp.

4. For official certifications, the certification by the document officer may be applied with a stamp.

5. Writing paper that can be erased without leaving visible traces must not be used for creating public documents.

1. The public deed shall be drafted in a coherent manner, legibly, and without unnecessary spaces.

2. Non-standard abbreviations are to be avoided.

3. Important figures, such as the purchase price, mortgage amount, bequest sum, etc., shall be written at least once in words in addition to numerals.

1. For making amendments, § 35 of the Notarization Act applies.

2. Deletions that merely serve the purpose of suppressing superfluous letters, numbers, symbols, words, or sentences must be made in such a way that the deleted part remains legible.

3. Other scribal errors and omissions must be corrected in a way that the correction is recognizable.

4. The notary must certify the correction made under paragraphs 2 or 3 on the public document at the margin, within the text, or in an addendum with their signature and the date of the amendment, as well as with a seal or stamp.

1. If, after the completion of notarization, there are missing details that are not required for validity according to the provisions of civil law (such as cadastral value, building insurance value, easements, encumbrances, liens, pre-notations, annotations), or if such details prove to be incorrect, the supplementation or amendment requires a written declaration from the affected party that they have become aware of it and, if an entry in a register is necessary, that they consent to it despite the new circumstances.

1. If, after the completion of notarization, there are missing details that are merely of a registrational nature, such as the designation of the place of origin, date of birth, or the specification of the basis for acquisition, or if such details prove to be incorrect, the notary may independently certify the corresponding additions or corrections on the public document at the margin, within the text, or in a supplement with their signature and the date of the adjustment along with the seal or stamp.

1. The property to be sold must be identified by the property number and the land registry in which it is recorded, and in the land registry of Lucerne also by the bank (right bank or left bank).

2. The public document should generally include a dated, complete, and current excerpt from the land registry or a Gravis data sheet with the following description

a. * Plan number, locality, E-Grid, area, and description according to the main register sheet;

b. * Cadastral and building insurance value;

c. * Designation of the basis for acquisition by the seller;

d. Easements and real burdens, mortgage rights, prenotations, and notes according to the main register sheet;

e. * The contractual provisions, which include the commencement date for benefits and risks, as well as, in the case of remunerative contracts, the price and the payment method.

3. Any applications that are registered in the diary must be taken into account in the details provided according to paragraph 2, but should be designated as such.

4. If the description contained in the main register sheet no longer reflects the actual circumstances, this must be noted; likewise, if the cadastral or building insurance value is pending.

1. The alienation of a portion to be severed from a parcel of land must be documented using a mutation plan prepared by the cadastral surveyor.

2. If the area to be severed is to be allocated to another parcel, this parcel must also be listed. The adjustment of easements, annotations, and notes of the affected parcels is governed by § 20.

3. The mutation or survey plan must be signed by the parties to the contract and dated and signed by the notary, who must also affix his or her seal or stamp.

4. Otherwise, the provisions concerning the updating of the cadastral records shall apply.

1. When a portion of a property is severed and allocated to another property during the sale of real estate, each parcel (departure and accession land) shall be adjusted in accordance with the provisions of Arts. 974a and 974b of the Swiss Civil Code (ZGB). The same applies if a property is divided or properties are consolidated. Joint applications are not permissible.

2. ...

3. ...

1. Assumption of Debt Obligation by Purchaser in the Sale of Real Property: If the purchaser, in the sale of a property, assumes the debt obligation for real estate liens encumbering the property, the notary must specify the addresses of all real estate lien creditors and chattel lien creditors, as well as the beneficiaries of the real estate lien claims, in the registration.

1. When easements are established, the public deed must clearly specify the manner and extent to which the property is to be burdened in favor of the entitled party.

2. If the exercise of an easement is limited to a part of the property, and the local situation cannot be sufficiently determined from the legal documentation, it must be graphically represented in an extract of the plan for the land register. This extract must be signed by the parties to the deed and dated, signed, and sealed by the notary.

3. ...

1. If co-ownership shares in real property (Art. 646 ff., Art. 712a ff. ZGB) are sold, the public deed should also include details about the property itself.

2. If independent and permanent rights recorded in the land register (Art. 779, 780 ZGB) are sold, the public deed should also include details about the encumbered property.

3. When establishing a foundation during the lifetime of the founder, if real property is part of the assets to be dedicated to the foundation, it is sufficient to provide the property number, description, and the total amount of mortgage encumbrances. If the establishment or modification of limited real rights is associated with this, the other provisions concerning the transfer of real property should be applied accordingly.

4. If a marriage contract (Art. 184 ZGB) or a property agreement (Art. 25 PartG) leads to the creation or alteration of real rights in a property, the procedures in paragraph 3 should be applied accordingly.

1. The public deed for the establishment of condominium ownership through a foundation contract (Art. 712d para. 2 no. 1 Swiss Civil Code) must include

a. * the information according to § 17 para. 1, para. 2a-d, para. 3, and 4;

b. if applicable, the declaration regarding the formation of co-ownership shares (Art. 712d para. 2 no. 2 Swiss Civil Code);

c. * the declaration by the co-owners concerning the structuring of their co-ownership shares into condominium ownership (Art. 712e Swiss Civil Code in connection with Art. 68 para. 1 Swiss Land Register Ordinance);

d. if applicable, the granting of the right of first refusal according to Art. 712c para. 1 Swiss Civil Code;

e. if applicable, the granting of the right of objection according to Art. 712c para. 2 Swiss Civil Code;

f. * if applicable, the declaration that the condominium ownership is to be established before the construction of the building (Art. 69 para. 1 Swiss Land Register Ordinance).

2. The public deed for the formation of condominium ownership through a declaration of establishment (Art. 712d para. 2 no. 2 Swiss Civil Code) must include

a. * the information according to § 17 para. 1, para. 2a-d, para. 3, and 4;

b. * the declaration concerning the division into co-ownership shares and the structuring into condominium ownership (Art. 712e Swiss Civil Code in connection with Art. 68 para. 1 Swiss Land Register Ordinance);

c. if applicable, the granting of the right of first refusal according to Art. 712c para. 1 Swiss Civil Code;

d. if applicable, the granting of the right of objection according to Art. 712c para. 2 Swiss Civil Code;

e. * if applicable, the declaration that the condominium ownership is to be established before the erection of the building (Art. 69 para. 1 Swiss Land Register Ordinance).

1. The public document regarding the establishment of an independent and permanent building right (Art. 779 ff. ZGB) must include

a. * the information pursuant to § 17 paras. 1, 2a-d, 3, and 4;

b. the agreements regarding the content and scope of the building right (Art. 779b ZGB);

c. the agreement on the duration of the building right (Art. 779l ZGB);

d. * the application for registration in the land register as an easement, if necessary as a property (Art. 779 ZGB, Art. 22 GBV);

e. * if applicable, agreements regarding the amount of compensation in the event of reversion and the procedure for determining it, as well as the abolition of the compensation obligation and the restitution of the original condition of the property (Art. 779d ZGB);

f. * if applicable, agreements regarding the abolition or modification of the statutory right of first refusal (Art. 681b ZGB);

g. * if applicable, the establishment of a lien of the property owner pursuant to Art. 779i ZGB;

h. * if applicable, further contractual provisions according to Art. 779b para. 2 ZGB.

2. It should also contain any possible consideration (ground rent) from the entitled party.

1. The public deed regarding the establishment and adjustment of mortgage liens must contain

a. * the type of mortgage lien (mortgage registration, mortgage certificate) and, in the case of a mortgage certificate, the type of certificate (registry mortgage certificate, paper mortgage certificate) as well as, for a paper mortgage certificate, additionally the indication of whether the lien title is to be issued to a specific person or to the bearer;

b. * in the case of a capital mortgage, the claim amount in a fixed sum (pledged amount) and the interest rate;

c. in the case of a maximum mortgage, the maximum amount of the pledged amount;

d. * the designation of the pledged property, indicating the plot and plan number as well as the indication of the land register in which the property is located; for the land register Luzern, also including the bank (right bank or left bank);

e. * the area, the local designation, and the type of cultivation of the pledged property;

f. * the cadastral and the building insurance value; if they are pending, this must be mentioned;

g. * the acquisition reason and the acquisition date;

h. the mortgage rank and the precedent;

i. * the specification and description of any collateral properties.

2. The provisions of paragraph 1 apply mutatis mutandis to the pledging of a co-ownership share and to the notarization of significant changes to the mortgage agreement.

1. Competent Notary According to Article 350 Paragraph 1 of the Swiss Code of Civil Procedure of December 19, 2008, the competent notary is generally the notary who drafted the document and keeps the original. If this notary is absent, prevented, no longer engaged, or if other reasons oppose, the entitled person may submit the request to another notary.

1. Where the chairperson does not do so on their own, the notary shall insist that the number of participants in the meeting and the rights represented by them are accurately determined.

1. In the official certification of a signature or mark, the certificate by the notarial officer must state that they know the person in question or how they have verified their identity.

2. The official certification of the signature of a document party not personally present is permissible if this party is personally known to the notarial officer. Additionally, the certificate must state that the document party recognized the signature as their own and how this recognition occurred.

1. During the administration of the oath and the declaration in lieu of oath, the notary's certificate must state that they know the individual concerned or how they have verified their identity.

1. In the case of simultaneous or immediately successive notarizations of similar legal transactions between the same parties to the deed, the notary may dispense with the repeated reading aloud of identical contract parts.

1. The notary is not required to read aloud the following components of the public deed

a. for easements and real burdens, the numbers of the affected properties;

b. the mortgage rights, except for the total amount of the encumbrances;

c. the land registry technical data.

1. The public deed must be submitted to the land registry office in a simple copy.

2. The bearer bond with a mortgage must only be executed in two copies (land registry office, creditor).

1. Every public document shall be assigned a serial number (consecutive numbering or year and number within the year).

2. Multiple copies issued simultaneously shall receive the same serial number.

3. The serial number referring to the public document shall also be affixed to the documents belonging to the file collection. It shall be recorded in the protocol book.

1. If a public document comprises multiple sheets or pages, they must either be connected with a string, secured by the seal or an adhesive label bearing the stamp of the officiating officer, or the stamp and signature of the officiating officer must be affixed to each sheet or page.

1. The supervisory authority acts ex officio unless it is only a matter of deciding on a complaint regarding the violation of the obligation to certify (§ 20 para. 2 BeurkG), on disputed fees (§ 53 BeurkG), or on the right of retention (§ 54 BeurkG).

2. It investigates the facts ex officio, except in disputes over fees (§ 53 BeurkG) and the right of retention (§ 54 BeurkG).

3. It applies the law ex officio and decides on the costs.

1. The supervisory authority may conduct the procedure in writing or, if the circumstances justify it, summon parties for oral proceedings.

2. In the case of written proceedings, the chairperson orders the necessary exchange of written submissions and sets the applicable deadlines for it.

3. Written submissions must be submitted in sufficient numbers for the supervisory authority and each opposing party, but at least in duplicate.

1. Third parties may only be admitted to the proceedings if the supervisory authority permits it for special reasons.

2. Deliberations are conducted excluding the parties involved in the proceedings and third parties.

1. The Decision is to be delivered in writing. It must contain

a. the deciding authority, the names of the participants and the registrar;

b. parties and their representatives;

c. justification (presentation of the facts, parties’ requests, considerations);

d. legal ruling with a decision on costs;

e. signature of the chairperson and the registrar;

f. date of the decision and its dispatch.

1. The provisions of the Ordinance on Costs in Civil, Criminal, and Administrative Court Procedures (Judicial Costs Ordinance) apply correspondingly to the procedural costs.

1. In the event of the permanent revocation of authority (§ 58 para. 2d BeurkG) or revocation for a limited time (§ 58 para. 2c BeurkG), the matter shall be resolved in disciplinary proceedings.

2. In other cases, the resolution is carried out by a determination order after clarification of the facts. The notary public shall be heard before the issuance of the decision, unless the circumstances preclude a hearing.

1. The application for the reinstatement of the authority must be submitted in writing to the supervisory authority, detailing the reasons.

2. The supervisory authority decides after clarifying the facts of the case.

1. Furthermore, the provisions of the Administrative Procedure Act shall apply mutatis mutandis to the proceedings concerning the expiration, suspension, and reissuance of the authority.

**1. In Disciplinary Matters, the Procedure is Initiated Ex Officio or Upon Report or Complaint and Continued Ex Officio, Except in Cases Pursuant to § 20 para. 2 of the Certification Act.**

2. Reports and complaints may be submitted in writing or orally. If they do not appear to be unfounded from the outset, the notary must be heard.

3. A person who only submits a mere report is not involved in the proceedings as a party.

4. A complainant is someone who requests disciplinary measures against a notary.

5. Unless otherwise provided by this regulation, the procedure is governed mutatis mutandis by the provisions of the Administrative Procedure Act.

1. In a dispute concerning remuneration, the procedure must be initiated with a written legal request submitted to the supervisory authority. The invoice and any further supporting documents must be attached.

2. The chairperson shall determine whether the procedure shall continue in writing or orally.

3. The parties are required to present the necessary factual allegations and to introduce the evidence on which they intend to rely. If this does not occur at the first procedural opportunity, the defaulting party may be burdened with the additional costs.

1. Moreover, the provisions of the Code of Civil Procedure shall apply mutatis mutandis to the dispute concerning remuneration.

1. In a dispute concerning the right of retention, the proceedings must be initiated with a written legal request to the supervisory authority.

2. The provisions of §§ 46-48 apply mutatis mutandis for the continuation of the proceedings.

1. The President, the members, and the substitutes shall receive compensation for attending meetings as well as for file study and reporting in accordance with Appendix 3 of the Salary Regulation for State Personnel dated September 24, 2002.

2. The compensation for the actuary shall be determined by the supervisory authority.

3. The compensations shall be paid quarterly.

1. The office and accounting management is handled by the Cantonal Court Office.

1. Current notaries public who wish to exercise the option pursuant to § 62(1) and (2) of the Certification Act must notify the High Court by March 31, 1974, using the form available from the High Court Chancellery, and provide evidence as required by § 3 of this Regulation.

2. Seals or stamps previously in use may continue to be utilized until June 30, 1974.

3. Protocol books already obtained may continue to be used.

1. Section 26 of the Regulation of the Supreme Court on the Land Registry Procedures under the Protocol System of February 4, 1964, is hereby repealed.

1. The regulation shall come into force on January 1, 1974. It is to be published.