Ordinance on the Examination of Notaries - Commission

1. The examination is conducted by the commission provided for in Section 6, Paragraph 3 of the Authentication Act, which is appointed by the Cantonal Court.

2. The Cantonal Court also designates a chairwoman or chairman, as well as a secretary.

1. Examinations are generally held twice a year. The dates are published on the internet.

2. Applications for admission to the examination must be submitted to the Cantonal Court by December 15 and June 15, respectively. Other announced deadlines are reserved.

3. The application must include

a. * Proof that the applicant holds a cantonal lawyer's license or the Lucerne certificate of competence as a municipal clerk,

b. * Evidence of payment of the examination fee.

4. The President of the Examination Committee decides on the application.

1. Examination subjects are

a. * the law on public certifications and the regulations based on it, including certification techniques, as well as the essential circulars, instructions, and communications for notaries from federal and cantonal authorities and offices,

b. the basic principles of cantonal authority organization,

c. * the essential provisions for notaries

1. of the Civil Code,

2. * of the Federal Act on Private International Law,

3. of the Code of Obligations,

4. * of the federal ordinances on civil status, concerning the land register, the commercial register, and the bondholder community in debenture loans,

5. of the cantonal land register and mortgage law,

6. * of the federal and cantonal rural land law,

7. of the federal and cantonal tax law,

8. on the licensing obligation under federal and cantonal forestry law,

9. * of the Federal Act on the Acquisition of Real Estate by Persons Abroad,

10. on precautionary measures for legal entities, partnerships, and sole proprietorships.

11. * ...

12. * ...

1. The written examination consists of three essays, each of four hours. The necessary laws and regulations will be provided.

2. The written examination is considered passed if each essay is graded at least as "sufficient."

3. If the candidate has not passed the written examination, it must be retaken. If only one essay was graded as "insufficient," the retake is limited to that essay. In all other cases, the entire written examination must be retaken.

1. The oral examination is scheduled when the candidate has passed the written examination. It consists of five subject areas and usually lasts two hours.

2. The oral examination is considered passed if each subject area is graded at least "sufficient."

3. If the candidate does not pass the oral examination, it must be retaken in its entirety.

4. The examination committee may order an audio recording. This will be announced in advance to the persons present.

1. If the written or oral examination is not passed, the commission shall determine when and under what conditions the applicant can re-register.

2. After three unsuccessful attempts, the applicant will no longer be permitted to take the examination.

1. The performance of the applicant is assessed by the members of the examination committee for each part of the written and oral examination as follows: insufficient, sufficient, good, very good.

2. The committee conducts the overall assessment and decides on the passing of the examination.

3. It certifies to the applicant whether they have passed the examination successfully, with good success, or with very good success.

1. The examination fee amounts to CHF 3000. The fee is collected in advance.

2. If the written examination is not attended, an amount of CHF 240 is allocated to expenses. If the oral examination is not attended, the fee is forfeited.

3. If the written examination is not passed and a retake is waived, the candidate will be refunded CHF 900.

4. For retaking the written examination, the candidate must pay CHF 600 per subject area.

5. The fee for retaking the oral examination amounts to CHF 900.

1. The remuneration for the President, members, and secretary of the examination commission is determined analogously in accordance with the decision of the Cantonal Court regarding compensation for members of examination commissions appointed by the Cantonal Court.

1. For the notary examinations of the spring session 2024, the current law applies. From June 1, 2024, the examinations will be conducted according to the new law.

2. If an applicant has not passed or has only partially passed the notary examination under the current law (see § 4 paragraph 3), the new law applies for the repetition or partial repetition.

3. ...

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