1 State - People - Authorities - 16 Judicial Organization - Lawyers and Notaries - 166 Notaries - CHAPTER ONE Status of the Position (LN)

[3] 1 The notary is a public official subject to the oversight of the State.

2. They practice a liberal profession, independently and under their own responsibility.

3. Repealed.

[4] 1 Only the individual who holds the certificate issued by the Council of State and practices their profession as a public officer may bear the title of notary.

2. A notary who has practiced their profession as a public officer for at least five years and who has voluntarily surrendered their seal, or who has reached the age limit, may bear the title of honorary notary.

3. An individual who holds the certificate issued by the Council of State but does not practice their profession as a public officer, or who has practiced for less than five years, may only claim the status of holder of the notary certificate.

1. The notary prepares authentic acts that do not fall within the responsibilities of authorities and other public officers.

2. The notary is authorized to administer an oath to a person who must confirm a declaration by oath to render it legally valid in the place where it is required to take effect. The notary records this in an act.

The practice of notarial duties is incompatible with any other predominant lucrative activity.

1. The notary may not engage, directly or indirectly, in any activity, whether personal or as an organ of a legal entity, that is incompatible with the independent and irreproachable exercise of their functions or with the reputation of the notarial profession.

2. Activities that are particularly incompatible with the practice of notary include

a) Permanent functions and employment in the service of public bodies and their establishments;

b) Commercial and industrial activities, particularly real estate development, as well as real estate trade and brokerage;

c) Speculative activities.

[5] 1 The practice of notarial duties is compatible with the simultaneous exercise of

a) the profession of lawyer;

b) a part-time teaching position;

c) a function as an extraordinary substitute for a judge in the judicial order;

d) a political mandate.

2. Moreover, the notary is authorized, provided that he acts in his own name, to manage real estate and to administer assets, either officially or by private mandate.

The practicing notary must be domiciled in the canton and have an office open to the public where their notarial residence is located.

[6] 1 To obtain the notary license, one must

a) be of Swiss nationality;

b) have the exercise of civil rights;

c) hold a master's and a bachelor's degree in law from a Swiss university or possess a qualification deemed equivalent by the State Council;

d) have completed the legal internship and passed the examination.

2. Furthermore, the candidate must not be in bankruptcy or under a concordat extension, must have no debt evidenced by a certificate of unpaid debt, and must present sufficient guarantees of probity and morality.

1 No person may undertake a notary internship without authorization from the department.

2. Authorization is granted to the candidate who

a) fulfills the conditions outlined in Article 7, except for clause d;

b) provides proof of engagement with a supervising notary authorized to practice in the canton.

[7] 1 The notary internship lasts twenty-four months, usually without interruption.

2. It takes place in the office of one or, successively, several notaries of the canton, as well as, for three months, in the geomatics and land registry office.

3. Additionally, it may take place for up to three months at the tax service or the commercial register.

The Council of State may reduce the duration of the internship by a maximum of twelve months for candidates holding a notary diploma issued by another canton.

1. The internship is primarily dedicated to the professional training of the notary.

2. It cannot take place simultaneously with a lawyer's internship.

[8] 1 The remuneration of the intern by the notary falls under private law.

2. The internship with a cantonal administration service or at the commercial register is remunerated by the State, according to the rate set by the Council of State.

During the traineeship, candidates must attend the training courses organized by the State and the Notarial Council, in collaboration with the Notarial Examination Commission.

**1. Upon completion of the internship, the candidate appears before the Notarial Examination Commission.**

**2. The examination focuses on the necessary legal knowledge and the professional skills of the candidate.**

**3. The Council of State determines the program and overall organization of the examination based on the proposal of the Examination Commission. It may restrict access to the examination in cases of repeated failures.**

[9] 1 The Notary Examination Commission is composed of five members, each with an alternate, appointed by the Council of State at the beginning of each legislative session.

2. It includes at least three notaries and one law professor from the University of Neuchâtel.

3. The president of the commission is designated by the Council of State.

[10] 1 The Council of State issues the notary patent to the candidate who has passed the examination and meets all other conditions set forth in Article 7.

2. The issuance of the patent is published in the Official Gazette.

3. Repealed.

[11] 1 The holder of a notarial patent or the honorary notary who intends to practice or resume the exercise of their profession as a public officer requests to be sworn in.

2. They take the oath before the State Councillor in charge of the department.

3. Repealed.

[12] 1 After being sworn in, the State Chancellery issues the notary's seal of the canton to the holder of the notarial certificate.

2. It receives the deposit of their signature.

3. The adoption of an electronic signature and seal is established by regulation according to a similar procedure.

[13] 1 The State Chancellery maintains a register of notaries authorized to practice their profession as public officers.

2. It provides for the registration of notaries in the Swiss register of persons authorized to draw up authentic instruments.

3. The regulation may provide for the inclusion of additional data related to the notary and their activities in this register.

1. The State Council exercises high supervision over the notaries practicing within the canton.

2. It is particularly responsible for

a) Enacting the necessary provisions for the execution of this law;

b) Designating the department to which the notaries are administratively subordinate;

c) Appointing the members of the Notarial Council, the Notarial Supervisory Commission, and the Notarial Examination Commission;

d) Issuing the notary license.

**1 The department designated by the Council of State (the department) is responsible for the implementation of this law and its implementing provisions.**

2. It makes all decisions that are not expressly reserved for another authority.

3. It consults with the Notarial Council as necessary.

[14] 1. The Notarial Council (hereinafter referred to as the Council) is composed of five members, holding a notarial diploma, appointed by the Council of State at the beginning of each legislative term.

2. The majority of the members of the Council must be practicing notaries. They are eligible for re-election.

3. The president of the Council is designated by the Council of State.

4. For the remainder, the Council organizes itself.

1. The Council ensures that notaries fulfill their professional duties and do not compromise the reputation of the notariat. Its oversight pertains to both the manner of handling affairs and the technical exercise of their function.

2. The Council informs the department of any irregularities it detects and, if necessary, refers the matter to the Notariat Supervisory Commission.

3. In cases of disputes, it seeks to mediate between notaries and their clients, or between the notaries themselves if applicable.

4. It provides its opinion on matters submitted to it. It may also make proposals and issue directives or recommendations.

[15] 1 The Council organizes the inspection of notarial activities.

2. The purpose of the inspection is to ensure that legal and regulatory requirements concerning the execution of deeds, the safeguarding of notarial documents, and the collection of fees are regularly observed.

3. Notarial practices are inspected as often as circumstances require. Each practice is inspected at least once every three years.

4. The notarial activities of a notary who ceases to practice in the capacity of a public officer are subject to a final inspection, which must take place within three months following the surrender of their seal.

1. The Council also organizes the financial oversight of the professional activities of notaries and the funds entrusted to them.

2. To this end, it requires the assistance of an independent supervisory body approved by the Council of State.

[16] 1 The Council organizes the inspection of the activities of notaries when they act as an authority within the meaning of the Law on the Handling of Testamentary Dispositions and Similar Acts (LTSDA), dated November 2, 2010 [17].

2. This inspection concerns the compliance by notaries with legal and regulatory requirements regarding the handling of testamentary dispositions and similar acts.

[18] Compensation for the members of the Council is determined by the Council of State.

1. The notary who, intentionally or negligently, violates the provisions of this law, fails in his professional duties, or otherwise compromises the reputation of the notarial profession is subject to the disciplinary authority of the Notarial Oversight Commission.

2. The fact that the notary resigns from performing his duties does not terminate his disciplinary responsibility.

[19] 1 The Notarial Oversight Commission (hereinafter referred to as the Oversight Commission) consists of five members, each with an alternate, appointed by the Council of State at the beginning of each legislative session.

2. It includes a career judge, who presides over it, two notaries, a representative of the department, and a law professor from the University of Neuchâtel.

1. Without prejudice to the consequences arising from his civil or criminal liability, the notary at fault is subject to the following disciplinary sanctions

d) withdrawal of the commission.

2. The fine may be combined with another sanction.

3. When, in a case of minor gravity, the circumstances suggest that the notary will perform his duties impeccably in the future, the Supervisory Commission may waive any sanction.

Independently of any disciplinary responsibility, the Supervisory Commission revokes the license when the notary no longer meets the conditions for its issuance.

[20] 1 A notary under general guardianship or protected by a mandate due to incapacity, declared bankrupt, under a concordat moratorium, or against whom a definitive certificate of unpaid debts has been issued, is suspended by operation of law.

2. Judicial authorities shall automatically communicate their decisions to the Surveillance Commission. The office for debt collection and the bankruptcy office shall automatically inform it of the certificates of unpaid debts they issue.

3. The President of the Surveillance Commission shall order the publication of the suspension.

[21] 1 When a notary is subject to criminal proceedings and the nature or seriousness of the alleged facts justify it, the Supervisory Commission may impose a provisional suspension until the criminal proceedings are concluded.

2. The public prosecutor shall automatically inform the Supervisory Commission of any criminal investigation initiated against a notary for a crime or an offense.

[22] The Oversight Commission may also order the provisional suspension of a notary who is in a situation that is clearly incompatible with the official duties conferred upon them, particularly due to the initiation of proceedings for a general guardianship or severe indebtedness.

1. The Supervisory Commission rules ex officio.

2. The procedural provisions set forth in Article 32, paragraph 2, of this law shall apply by analogy.

[23] 1 The disciplinary procedure is initiated by a complaint from the department, the Council, or any interested party.

2. The Supervisory Commission informs the notary of the allegations against them and invites them to respond; if necessary, it conducts an investigation and consults the Council as needed. The notary may request a personal hearing.

3. The Supervisory Commission delivers its decision in writing.

4. The President of the Supervisory Commission may dismiss unfounded or obviously baseless complaints at the outset, without prior communication.

1. In the event of suspension or revocation of the license, the notary must deposit his seal at the State Chancellery as soon as the decision becomes final or, in the case of automatic suspension, as soon as the events justifying it occur.

2. He can no longer make use of his title.

The withdrawal of the patent and the suspension are published in the Official Gazette.

1. Disciplinary proceedings are subject to a limitation period of one year from the day the department, the Council, or the Supervisory Commission became aware of the wrongful act, and in all cases, five years from the day it was committed.

2. If the act is punishable under criminal law, disciplinary proceedings may be initiated as long as the statute of limitations for criminal prosecution has not expired.

3. The provisions of the Swiss Penal Code regarding the interruption of the limitation period for contraventions apply by analogy.

[24] 1 The disciplinary withdrawal of the license can be restored by the Supervisory Commission

a) if the conditions for obtaining the license are met;

b) if a period of ten years has elapsed since the withdrawal of the license and, in the event of a criminal conviction, if it has been expunged from the criminal record;

c) if the restoration of the license is not likely to damage the reputation of the notarial profession.

2. Furthermore, the applicant must have compensated the damage caused and led a professional and social life that allows for a favorable prognosis on their future behavior as a notary.

3. The Supervisory Commission may require the applicant to demonstrate their knowledge and professional abilities, if necessary by requiring them to take a new examination.

4. These provisions also apply when the license has been withdrawn under Article 27; however, the Supervisory Commission is not bound by the ten-year period specified in letter b above.

5. In addition, the provisions of Article 16a are applicable in the case of the restoration of the license.

When the notary at fault also holds a lawyer's license, the Supervisory Commission forwards the file to the Supervisory Authority for Lawyers.

1. The notary is civilly liable for any damage caused in the performance of their duties, whether intentionally or negligently, through unlawful conduct or in violation of their contractual obligations.

2. They are liable for the acts of their assistants.

3. The notary is not responsible for the content of the documents they authenticate or of which they legalize the signatures.

Civil Liability of the Notary is Subject to the Provisions of the Code of Obligations.

[25] 1. The action for civil liability arising from the ministerial activity of the notary is prescribed by three years from the day on which the injured party became aware of the damage and, in all cases, by ten years from the day on which the harmful act occurred.

2. The action for civil liability arising from the notary's other professional activities is prescribed according to the provisions of the Code of Obligations relating to contractual liability.

3. If the harmful act results from a punishable offense subject to a longer prescription period under criminal laws, this prescription applies to the civil liability action.

[26] 1 The civil courts have jurisdiction over civil liability actions.

2. The Code of Civil Procedure (CPC), dated December 19, 2008 [27], is applicable.

1. To ensure the compensation for damages that may be caused in the performance of his duties, a notary is required to obtain civil liability insurance.

2. The Council of State sets the minimum coverage amount.

**The State is Not Liable for the Civil Consequences of the Notary's Faults.**

The State does not answer for the civil consequences of faults committed by the notary.

[28]

The notary is entitled

a) to fees for authentic acts;

b) to fees for preliminary or subsequent steps, operations, and formalities required for the execution of acts, or for any other activities;

c) to reimbursement of disbursements.

[29] The Council of State issues the schedule of fees and primary charges owed to the notary for their notarial activities.

[30] 1 Except for those that are regulated, the notary establishes their fees by taking into account the time required for the matter, its nature and difficulty, the significance of their appearances, and the liability they may incur.

2. The fees are owed even if the deed to which they relate has not been executed.

[31] 1 It is prohibited for the notary to deviate from the tariff standards and to make agreements regarding the fixed emoluments and fees with the parties or their intermediaries.

2. Repealed

1. The notary may require a sufficient advance before drafting the instrument.

2. The parties to the act, as well as the persons requesting the drafting of the instrument, are jointly and severally liable for the payment of the notary's claim, notwithstanding any contrary agreement between them.

[32] 1 Where the civil judge adjudicates disputes related to fees, tariffed fees, fees, and disbursements of notaries.

2. The procedure is governed by the Code of Civil Procedure (CPC) of December 19, 2008.

[33]

[34]

CHAPTER 3

[35] 1 The notary cannot exercise their functions

a) if they are personally involved in the act, directly or indirectly, as a representative of a legal entity, or as a member of the executive body of a public entity;

b) if their spouse, even if divorced, or one of their relatives or in-laws in the direct line, or in the collateral line up to the second degree, is personally involved in the act;

c) if their registered partner, within the meaning of federal or cantonal law on partnership, even after judicial dissolution or cancellation of the partnership, is personally involved in the act;

d) if they are acting on behalf of another.

2. The mandate conferred on the notary for operations following the act, nor their designation as an executor of a will, does not constitute a case of incapacity within the meaning of the preceding provisions.

1. The notary informs the parties about the nature and legal effects of the document they intend to have drawn up, the scope of the obligations they intend to assume, and the legal provisions to be observed.

2. The notary fairly and impartially safeguards the interests at stake.

[36] 1 Before closing the file, the notary shall return to the parties all the documents that have been entrusted to him or her.

2. This obligation does not apply to correspondence exchanged with the parties.

1. The notary public executes the instrument, unless the intended act concerns something impossible, illegal, or contrary to public morals, or if it appears to him to be simulated or injurious.

2. He must refuse to execute

a) if the content of the act is not in accordance with the law, as well as the powers and official decisions he holds;

b) if he has doubts about the discernment capacity of any person called upon to participate in the act.

1. The notary can only attest to the facts he has personally ascertained.

2. He verifies the identity and authority of the appearing parties and the represented persons.

3. He ensures that the necessary authorizations and ratifications are issued. Failing that, he requires them ex officio.

[37] 1 The notary shall officially request the registration of his acts in the land register.

2. Repealed.

1. The notary communicates to the competent administrative services the acts that Neuchâtel legislation subjects to the collection of fees or from which it exempts them.

2. The regulation may provide for other cases of communication to State services insofar as necessary for the performance of their duties.

1. The notary is bound by professional confidentiality.

2. He is responsible for the discretion of his trainees and employees.

3. However, the notary may disclose a secret if the concerned party consents or if the department authorizes it because the disclosure appears essential for the protection of overriding interests, whether public or private.

4. The provisions of federal and cantonal law regarding the obligation to inform authorities or to testify in court are also reserved.

1. The notary must be able to return at any time the funds and other movable properties entrusted to him.

2. These must be managed separately from the notary's own affairs.

1. The notary must refrain from any personal advertising and any action aimed at soliciting clients.

2. Exceptions include

a) announcements accepted by practice, particularly in cases of installation, partnership, change of address, or absence;

b) collective advertising organized in the general interest of the profession;

c) advertisements for activities that do not fall under the notary's purview but are compatible with its practice.

[38] 1 The notary who meets all the legal requirements for the exercise of their functions may act with full authority.

2. Repealed.

[39] 1. The notary may act throughout the entire cantonal territory.

2. He is solely competent to execute deeds relating to real rights on immovable property located within the canton.

3. He may execute deeds outside the canton related to real property rights that fall within his competence.

[40] 1 The notary loses his status as a public officer upon reaching the age of 70.

2. He retains his commission.

1. The instruments received by the notary are authentic acts.

2. The original of the act constitutes the minute.

[41] 1. The notarial act is drawn up on paper.

2. It may be drawn up in electronic form when provided by law.

3. It is drawn up in such a way that its content is unalterable.

[42] 1 Notarial acts are drafted in French.

2. Protests, legalizations, certified copies (vidimus), certifications for a certain date, as well as powers of attorney, declarations, attestations, inventories, reports, and other similar acts prepared using pre-printed forms for use abroad, may be drafted in another language, understood by the notary.

1. The document is written without blanks, except for powers of attorney, where space necessary for the indication of the representative's name may be left vacant.

2. It contains no erasures, deletions, overwriting, or additions between words or within the interlineations.

3. Important numerical and chronological references are written out in full words.

1. The Council of State prescribes the form of the modifications that may be made to the body of the act.

2. Modifications made in any other form do not enjoy public faith. If they affect an essential element of the act, it loses its character as an authentic act.

1. Modifications made to the original are incorporated into the body of the issuance, if the means of reproduction permit.

2. The forms prescribed by the Council of State apply to the modifications specific to the issuance.

1. The act is drafted clearly and precisely.

2. It specifies the place and date of its execution.

3. It identifies the parties and participants in a way that excludes any ambiguity. It mandatorily states the civil status facts decisive for the application of the laws governing its content.

4. It designates the properties in accordance with their registration in the land register.

The act specifies whether the appearing party acts in a particular capacity.

1. The act specifies the supporting documents for the facts it states.

2. The regulation determines which should be preserved.

1. The notary reads the deed to the parties or allows them to read it in his presence.

2. Once read, the parties declare that the deed reflects their intention and sign it along with the notary.

3. The reading and signing of the deed are performed consecutively without interruption in the presence of all parties.

4. The deed mentions the completion of these formalities.

[43] 1 Minutes of meetings may be documented by the notary after the meeting has taken place.

2. However, the documentation must be completed within ten days following the meeting.

3. The notary documenting the minutes is required to attend the meeting.

4. The notary is disqualified if he intends to participate in the vote himself.

5. Minutes of meetings must be signed by the notary as well as by the chairman and the secretary of the meeting; for the rest, Article 72 is applicable.

6. This provision may be applied by analogy to the authentic minutes of sessions of the executive body of a legal entity.

1. If one of the parties present is unable to sign, the notary shall note this fact and indicate the reason.

2. Mutes and deaf-mutes who are able to write must, before signing, indicate in their own hand that they have read the document and have found it to conform to their will.

3. The provisions of articles 500, 501, and 502 of the Swiss Civil Code [44] are reserved.

[45] 1 If a party or a witness does not understand the language of the document, it shall be translated.

2. With the consent of the parties and the witnesses, the notary may provide the oral or written translation themselves.

3. The notary shall make a note of this in the document.

[46] 1 If one of the parties or one of the appearing parties requests it, the document shall be translated into writing, with the translation’s conformity certified by the translator.

2. The original translation, supplemented by any necessary amendments, shall be attached to the document as supporting evidence.

[47] If a translator is called upon during the stipulation of the act, they certify the accuracy of their oral translation by including a statement in the act, which they co-sign.

1. The Council of State may deviate from ordinary rules and prescribe a simplified form for certain categories of acts.

2. In exceptional cases, the department may authorize such deviations.

3. The simplified act indicates the provision or decision authorizing it.

[48] The following notarial acts may be executed in electronic form

c) certifications of copies.

The notarial act does not have the character of an authentic act, notably

a) if the notary is in a state of incapacity, if they have reached the age limit, or if the requirements to act within the jurisdiction are not met;

b) if the act does not mention the place and date of its execution or if it does not designate the parties and the comparators in a manner that excludes any ambiguity;

c) if the act has not been read, signed, and, where applicable, translated in accordance with legal provisions;

d) if an essential element of the act has been modified without adhering to the prescribed forms.

The notary retains the original of the acts he receives, along with any related documents.

[49] 1 Exceptions to this rule include

a) protests;

b) legalizations, certified true copies, and endorsements for a certain date;

c) powers of attorney, declarations, certifications, inventories, and statements of facts;

d) documents as specified under letters b and c as well as other similar documents made on preprinted forms intended for use abroad.

2. The notary retains a copy of the documents mentioned under letters a and c, along with any related supporting documents.

3. The Council of State establishes the guidelines for retention when these documents have been prepared in electronic form.

1. The original of the will may be revoked at the written request of the testator, in accordance with Article 510 of the Swiss Civil Code.

2. An official record replaces the revoked document.

[50] 1 The original of the inheritance contract may be revoked upon the written and unanimous request of all parties to the deed, through analogous application of Article 510 of the Civil Code.

2. An authentic record replaces the revoked deed.

The notary maintains and signs a general and chronological register of all the acts that he drafts.

**1. The Expedition**

1. The expedition is the document issued to provide proof of the rights or obligations conferred or the facts established in a deed.

2. It consists of a certified true copy of the original and bears the designation of expedition.

3. Partial expeditions, designated as such, may be made.

Only the notary who signed the original of a deed, or, in case of an impediment, a notary designated for this purpose by the department, may issue a certified copy of the deed.

[51] 1. The notary issues a copy to all persons to whom the act confers rights or obligations or who need to provide evidence of the facts for which the act was drawn up.

2. The notary also issues the necessary copies for the registration in public registers of the rights or facts to which the acts relate.

3. In matters of wills and inheritance agreements, a copy is only issued to the testator, for the deposit of acts pertaining to death and similar acts, as well as to the contracting parties.

4. The original document indicates all recipients of the copies.

[52] 1 The Council of State may require the notary to produce an electronic copy of each original document.

2. The electronic copies and supporting documents are electronically retained by the notary.

3. The Council of State determines the procedures for electronic retention.

[53] 1 If the dispatch constitutes a title of claim or authority, a new dispatch may only be issued with the written consent of the debtor or the represented party.

2. The new dispatch must indicate that it is a replacement title.

3. Repealed.

[54] 1 The seal accompanies the notary's signature on the acts they deliver, the relations, and the requisitions.

2. It may be affixed to the documents mentioned in an act.

3. Any other use not provided for by law is prohibited.

1. The notary may not relinquish a document kept in support of an act unless authorized by the department or a judgment.

2. The notary retains a certified copy of the submitted document.

[55] The minutes, registers, and supporting documents kept in support of the acts constitute the notarial archives.

2. The alphabetical directories of acts upon death and similar acts which the notary receives in deposit, as well as the registers of inventory benefits, are also an integral part of the notarial archives; their management is governed by the LACDM.

1. The State is the owner of notarial archives.

2. The Council of State shall take the necessary measures to ensure their preservation.

1. Notarial archives are, in principle, kept by the notary as long as he or she is performing their duties.

2. However, the notary is authorized to deposit them, after a period of ten years, at the place designated by the Council of State.

1. When a notary resigns, reaches the age limit, passes away, or has their commission revoked, their notarial archives shall be deposited and preserved at the location designated by the Council of State.

2. If notarial activities continue at the same office with another notary, that notary may be authorized by the department to retain the archives of the notary who ceased their functions, under their own responsibility, for a period not exceeding fifteen years.

3. Upon expiration of the period, the archives shall be deposited at the location designated by the Council of State.

[56] Access to electronically stored records is transferred to the State Archives or to the successor notary or to the commissioner notary.

1. Notarial archives are accessible to the public after a period of 45 years.

2. The period is 85 years in areas that concern the intimate sphere of individuals.

[57]

[58] 1 The Council of State appoints a notary commissioner whenever the safeguarding of the public's interests or the preservation of deeds requires it, particularly when a notary is no longer legally permitted or able to perform their duties.

2 It also appoints a notary commissioner to proceed with the destruction of personal notarial files if no notary has been authorized to retain the notarial archives of a notary who has permanently ceased their notarial activities.

1. The notary commissioner prepares the inventory of notarial archives and ensures their preservation.

2. He executes the measures decided by the Council of State.

1. The notary commissioner prepares, signs, and issues the expeditions, registration requisitions in public registers, and notifications to administrative services that have not yet been carried out.

2. He requests the authorizations and ratifications that are still necessary.

1. If the Notary Commissioner is in a case of incapacity, the department appoints a substitute for them.

[59] 1 If no notary has been authorized to retain the notarial archives of a notary who has permanently ceased their notarial activities, the notary-commissioner must proceed with the destruction of the personal archives of said notary, at the expense of the notary themselves or their estate.

2. The notary-commissioner carries out this destruction in close collaboration with the notary who has permanently ceased their activities or with their heirs.

3. They take into account, if necessary, the interests of the parties concerned.

[60] 1 Decisions of the department and the Notariat Examination Commission, as well as those of the Notariat Supervisory Commission, may be appealed to the Public Law Chamber of the Cantonal Court.

2. The appeal procedure is governed by the Law on Administrative Procedure (LPA), dated March 18, 2025 [61].

1. Candidates who validly began their internship before the entry into force of this law remain subject to the provisions of the Notary Act of February 27, 1973 [62].

2. However, the examination is governed by the present law as soon as it comes into force.

The training intended for trainees will be organized within four years from the date this law comes into effect.

1. The notary who engages in activities that have become incompatible with the practice of notarial duties is required to cease such activities, if they intend to continue practicing as a notary, within a period of one year from the effective date of this law.

2. If circumstances require, the Council of State may extend this period to up to two years.

Not subject to the age limit provided for in Article 62 are the notaries who, at the time of entry into force of this law, have already reached the age of 65.

[63]

**The Notarial Law, February 27, 1973 [64], is repealed.**

1. This law is subject to an optional referendum.

2. The Council of State shall provide, if necessary, for its promulgation and execution.

3. It shall set the date of its entry into force.

Law promulgated by the Council of State on December 22, 1997.

The entry into force is set with effect from January 1, 1998.

TABLE OF CONTENTS

Law on Notary Practice