1 State - People - Authorities - 16 Judicial Organization - Lawyers and Notaries - 166 Notaries - CHAPTER ONE Organization

[3] 1 The Department of Security, Digitalization, and Culture (hereinafter: the department) is responsible for the enforcement of the Notarial Law, dated August 26, 1996 [4], and its implementing provisions.

2. The notaries are administratively subordinate to it.

[5] 1 The Notarial Council shall adopt an organic regulation subject to the approval of the Council of State.

2. This regulation notably sets forth the conditions of organization and the modalities

a) for the inspection of notarial activities;

b) for the financial control of the professional activities of notaries and the funds entrusted to them;

c) for the control of the use of the personal database (BDP) by notaries; to enable this control, members of the Notarial Council are authorized to consult the BDP.

1. The notary selects the independent body responsible for the financial oversight of their practice from among individuals who possess specific professional qualifications as defined in Article 727b of the Code of Obligations [6].

2. The Notarial Council may reject the notary's choice for valid reasons, particularly when there is a risk of collusion, or if the chosen body does not have the necessary qualifications.

3. If necessary, the Notarial Council shall select the supervisory body itself.

1. The expenses arising from the regular inspection of notarial activities shall be borne by the State.

2. Special expenses, particularly those arising from a supplementary inspection, shall be borne by the notary concerned if found at fault.

3. Expenses arising from the financial audit of professional activities and entrusted funds shall be borne by the audited notary.

Compensation of the Members of the Notarial Council is Subject to a Special Decree.

1. A person who, having passed the examination and meeting the other legal requirements, intends to practice as a notary in the canton must provide proof, before taking the oath, of civil liability insurance that covers compensation for damages they may cause in the exercise of their duties.

2. The minimum amount of coverage is two million francs.

3. The contract must also stipulate that the insurer commits to informing the department in the event of the termination of the insurance or if the coverage falls below the required minimum amount.

1. The notary has their notarial residence at the place indicated by their seal.

2. They may have only one notarial residence.

1. The notary has his office open to the public at the place of his notarial residence.

2. He may open offices in other locations, but he must practice there personally.

[7] 1 The data contained in the BDP may be accessed by notaries.

2. Notaries may only access the BDP exclusively in the performance of their duties as public officers.

[8] 1 The consultation of the BDP by notaries is subject to a fee.

2. This fee is set at 5 francs for each person whose data is consulted.

[9] 1. The person intending to undertake a notarial internship must submit a written application to the department, demonstrating that they meet the legal requirements.

2. The application must be accompanied by

a) a certificate of a Master of Law and a Bachelor of Law from a Swiss university, or a qualification deemed equivalent by the Council of State;

b) a certificate of engagement with a supervising notary authorized to practice in the canton;

c) a criminal record extract;

d) a certificate from the office of debt collection and bankruptcy, establishing that the applicant is neither bankrupt nor under a composition moratorium, and that they have no debts recorded by an act of insolvency.

3. The applicant may be asked to provide additional information or submit further documents.

1. The department revokes the internship authorization

a) if the conditions for granting it are no longer met or if a reason for refusal arises;

b) if the intern is in a situation clearly incompatible with the responsibilities they intend to assume, particularly due to severe indebtedness.

2. When an intern is subject to criminal proceedings and the seriousness of the alleged facts justifies it, the department may suspend the internship until the criminal outcome is known.

1. During internship periods carried out in the services of the cantonal administration, the working hours, leave, and holidays of the interns are set in accordance with the Public Service Status Act of June 28, 1995, and its implementing provisions.

2. Otherwise, interns hold the status of public function holders engaged under a private law contract.

3. Their remuneration is subject to a special decree.

[11] The internship at the land registry generally takes place during the last three months of the internship.

1 The Notary Examination Committee convenes in regular session twice a year, in the spring and in the fall.

2. It may meet more frequently if necessary.

1. The candidate must sit for the examination within the year following the completion of their internship.

2. If they do not sit for the examination within this period, they are no longer allowed to take the examination.

3. The period for sitting for the examination may be exceptionally extended by the department in cases of force majeure.

1. The candidate intending to sit for the examination must submit a written request to the department, justifying that they meet the legal requirements.

2. The request must be sent to the department

– until the end of June, for the autumn session.

3. It must be accompanied by

a) internship certificates;

b) a copy of the criminal record;

c) a certificate from the office of debt enforcement and bankruptcy establishing that the candidate is neither bankrupt nor under composition proceedings, and that they have no debts recognized by a failure to pay record.

4. The candidate may be asked to provide additional information or to produce further documents.

[12] The examination comprises written tests and an oral test.

[13] 1 The written examination takes place in three sessions of eight consecutive hours on different days.

2. It consists of three distinct tests, which must include the drafting of at least two notarial acts, based on themes established by the commission in different subjects.

3. The candidate drafts his or her acts under the supervision of a person designated by the commission. The candidate may consult the legal texts and any reference materials made available by the commission.

[14] 1. The oral examination takes place in one session, generally lasting four hours, which is scheduled at least ten days after the last written examination.

2. It covers the following subjects from a notarial perspective

c) legislation on notarial practice.

3. The commission prepares an exemplary list of examined subjects, which is provided to the candidate at the beginning of their internship through the Notarial Council.

1. The board evaluates the written examination as a whole, on one hand, and the oral examination, on the other. It hears the candidate before evaluating the written examination.

2. The examination is deemed satisfactory or unsatisfactory.

3. To pass, the candidate must be satisfactory in both the written and oral examinations.

4. An examination deemed satisfactory is credited to the candidate.

[15] 1. A candidate who withdraws from the examination without legitimate cause is deemed to have failed. The same applies if they withdraw or do not attend a written or oral test, or abandon it during the course.

2. In the event of failure as per paragraph 1, in any of the written tests, the entire written examination is deemed to have failed. Any remaining written tests are canceled, but the oral test is maintained.

3. Nevertheless, if the board decides that the reason is legitimate, it may, if the nature of the reason allows within a reasonable period, set a new date for the missed test while maintaining the other written and oral tests, or if not, cancel the entire session, which will not be counted as a failure for the candidate.

1. The committee deliberates and votes in private.

2. It keeps a concise record of its proceedings, which is submitted to the department.

1. The candidate who has failed may retake the examination within the year following their failure.

2. If they fail again, or if they do not appear, they may still present themselves at the next ordinary session.

3. If they fail this examination, or if they do not appear, they are no longer permitted to retake the examination.

4. The period to take a new examination may be exceptionally extended by the department in cases of force majeure.

The commission reports to the State Council

b) if the candidate has failed the third examination.

The notary takes the following oath

I swear (or I promise) to faithfully observe the Constitution and the laws of the State;

to practice the profession of notary independently and impeccably;

to strictly respect professional secrecy;

to inform the parties impartially, to faithfully transcribe their will, and to fairly safeguard the interests involved;

to never lend my office to any act contrary to public order or good morals, and to not compromise in any way the dignity and reputation of the notariat.

[16]

1. The official seal bears the cantonal coat of arms, the name of the notary, the first name(s) under which they sign, as well as their title and residence.

2. Only the seal issued by the chancery qualifies as the official seal.

[17] 1 After the seal is affixed, the notary places their signature, with the imprint of the seal, in a register maintained by the chancellery.

2. The same procedure is followed when the notary changes their signature.

[18] The State provides notaries, at their expense

– the paper for the minute.

[19] 1. The general register records, in chronological order, all the deeds executed by the notary.

2. It specifies for each deed

d) a brief identification of the parties involved.

3. The deeds referred to in Article 78, paragraph 1, letters b and d, of the law are recorded in the general register without an allocation of a reference or minute number.

4. If they are attached to multiple copies of the same document, the deeds mentioned in paragraph 3, as well as the certificates, are subject to a single entry, with an indication of the number of copies concerned.

5. The general register must not contain any blank pages. Except for the date of the deed, the numbers may be represented in figures.

1. The originals of the instruments, as well as the copies mentioned in Article 78, paragraph 2, of the law, are kept in chronological order in official registers.

2. Each official register includes an alphabetical index of the parties' names, as well as an index of instruments that are conditional or subject to a term.

3. When the official register is closed, the notary certifies it at the end of the last original or copy, indicating the number of instruments it contains.

[20] 1. The original of the document must be drawn up on the paper provided for this purpose, except for the documents mentioned in Article 78, paragraph 1, of the law which are exempted.

2. The engrossments are prepared on another paper whose quality, texture, and color ensure readability, preservation, and reproduction.

3. The copies are prepared on high-quality paper.

1. The original of the document is written in indelible characters, either by hand or by any other method.

2. Copies are prepared by the same means or by other reproduction methods that ensure readability and preservation.

The notary retains in the annex to the original minute, the originals of all the supporting documents mentioned in the act.

**1. A supporting document may be retained in copy or in excerpt.**

2. The notary certifies the authenticity of the copy or excerpt he retains with his seal and signature.

1. Supporting documents are filed separately for each authentic deed.

2. They individually or collectively reference the deed to which they pertain.

Section 2: Form of Deeds

[21] 1 The original records and copies of documents kept in the registers bear in the margin

c) the volume number and the page number of the general directory where the document is recorded.

2. They indicate, after the signatures, the date of the requests for registration in the land register and the prescribed fiscal relations, as well as the date the copies are made and their recipients.

3. The documents mentioned in Article 78, paragraph 1, letters b and d, of the law bear no reference number to a register or an original record but only the volume number and the page number of the general directory where the document is recorded.

[22] 1 Repealed.

2. The notary certifies the number of pages and sheets at the end of the document, before the signatures.

3. The parties to the document and the notary affix their signatures at the bottom of each sheet and at the end of the document.

The notary certifies the authenticity of the copies he retains with his seal and signature, in accordance with Article 78, Paragraph 2, of the law.

1. Regarding the identity of the parties and the appearing persons, the authentic act shall indicate at least

a) for natural persons: the surname, usual given name(s), date of birth, domicile, place of origin or nationality;

b) for legal entities: the corporate name, registered office, and legal form.

2. Reserved are other necessary indications for the application of the legislation governing the content of the act or its registration in a public register.

1. The date of the document and the numerical indications defining the subject matter of the document, the obligations, or the performances of the parties must be written out in full at least once; they may be repeated in figures.

2. If the document involves arithmetic operations, the statement of the result in full words is the only mandatory requirement.

3. In inventories, numbers may be written in figures.

1. Abbreviations may only be used if they are defined within the same document.

2. Common and widely used abbreviations are exempted.

1. The copies shall mention the number of the original and that of the register, or if the notary does not keep the original of the deed, a reference to the general directory.

2. They are certified as true by the signature of the notary, as well as by the notary's seal affixed to each page.

When a certified true copy consists of several pages, the notary's seal must be affixed to each one of them.

1. Words, numbers, and whole lines that are to be deleted or replaced shall be struck through in such a way as to remain legible and able to be counted.

2. Words and numbers that need to be added shall be placed in an annotation at the end of the document and referenced by footnote symbols.

3. The notary shall indicate, before the signatures, the number of deletions and additions that have been approved.

The number and significance of amendments made to the body of the act must not excessively hinder its readability or comprehension.

[23] 1 The notary may at any time correct inaccuracies resulting from inadvertence or an obvious error, as well as writing or calculation errors, under their own responsibility.

2. These corrections are mentioned, with their possible justification, after the signatures. The notary certifies their authenticity with their signature.

3. They are never inserted into the body of the act or its copies.

[24] Amendments not falling within the scope of references or corrections require a supplementary act.

1. The notary is required to officially register their acts in the land register.

2. They are additionally responsible for requesting the registration of mortgage certificates and bearer annuity bonds, or those created in the name of the owner.

3. They may be authorized to request the registration of their acts in other public registers.

[25] 1 The notary reports to the office of real estate and inheritance taxes within ten days

a) any authentic instrument that may give rise to the collection of transfer duties on real estate transfers or duties on inter vivos gifts;

b) any authentic instrument that may give rise to the collection of taxes on real estate gains.

2. The time period begins to run

– for instruments that give rise to an entry in the land register: from the day the registration can be requested;

– for other instruments: from the day of execution.

3. The notary sends a copy of the instruments giving rise to a report to the competent office.

4. The report is made even if the transaction is exempt from duties or taxes.

[26]

[27] The notary sends, within ten days from the day when the registration of the deed may be requested, the attestation relating to the legal mortgage to the Office of Real Estate and Inheritance Taxes.

1. Independently of the shipments necessary for registrations in public registers, the department may instruct notaries to issue a copy of the deed or a summary of its contents to the State services that oversee the properties to which the deed pertains.

2. It specifies the limits of these communications.

The notary shall only disclose the contents of the original documents, registers, and supporting documents to the contracting parties, their heirs or assigns, their representatives, and individuals with written authorization from one of them.

1. The notary may draft an instrument whose execution is set for a specific term or subject to the fulfillment of a condition, such as consent, authorization, sanction, or any other condition agreed upon by the parties.

2. However, the instrument may only be deposited once the term is reached or the condition is fulfilled.

The notary maintains an up-to-date list of deeds that are term-based or conditional instrumented by them, and they note the date on which the request for registration in the land register was filed.

1. The notary records at the foot of the original and the copies the occurrence of the term or condition.

2. The supporting documents related thereto, prepared after the execution of the act, are kept as an annex to the original.

[28]

A simplified form is permitted for the following acts, if they are based on a subdivision plan

c) correction of minor boundary discrepancies.

1. The simplified form consists of an authentic instrument with no dispatch other than that intended for the land registry office.

2. The instrument shall include at least

a) The designation of the parties and their representatives;

b) The number, local name, nature, and area of the real estate properties affected by the instrument;

c) A brief description of the transactions;

d) The statement of the terms of transfer and any potential financial settlement;

e) The place and date of execution;

f) The mention of supporting documents.

3. If the instrument results in a financial settlement, the requesting party may obtain an authentic extract.

The notary retains among the supporting documents a durable copy, endorsed by him, of the division plan, the legend sheets, and the related balance.

1. Affected owners automatically receive an excerpt from the land register containing the designation of their modified plots.

2. The costs are borne by the communities or individuals who have requested the operations mentioned in the act.

The notary who receives a declaration shall inform the declarant of the civil and criminal consequences of making a false declaration.

1. The author of a written statement who wishes to confirm it under oath does so personally in the presence of the notary, after having signed the statement.

2. The notary says to the declarant: "Do you swear (or affirm) that the statement you have signed is entirely true, and do you acknowledge being aware of the civil and criminal consequences of making a false statement in a document?"

3. To which the declarant responds by raising their right hand: "I swear" or "I affirm".

The notary adds to the declarant's statement a certification noting that the declarant has signed the statement and confirmed it under oath.

[29] 1 The notary is deemed to have attended the meeting held in electronic form which was broadcast to them live.

2. The notary present at one of the locations of the meeting is deemed to have attended the meeting held simultaneously in multiple locations.

3. The minutes state that the conditions for the use of electronic media have been satisfied and that the meeting was conducted in accordance with the regulations.

Notarial archives are filed and preserved in the State archives.

[30] 1 When a notary reaches the age limit, leaves the canton, renounces the practice of notariat, or assumes a position incompatible with it, they must deposit their seal at the chancery.

2. The chancery immediately informs the department, which sets a deadline for the notary to deposit their notarial archives.

3. The activities of the depositing notary are subject to a final inspection as per Article 21 of the law.

**[31]**

1. In the event of death, interdiction, bankruptcy, concordat suspension, issuance of a final certificate of shortfall of assets, withdrawal of a patent, or suspension, the Civil Court shall seal the minutes, registers, and documents of the office and take the seal under its custody.

2. The Council of State shall then appoint a notary commissioner, setting a deadline for regularizing the acts and taking the necessary protective measures.

3. The department may waive these measures, either ex officio or upon request, in the case of a short-term suspension.

1. The appointed notary draws up the inventory provided for in Article 94 of the law and submits it to the department within ten days of their appointment.

2. The concerned notary or their heirs are informed of the inventory. They may attend or have a representative present.

1. The costs of conservatory measures shall be borne by the notary concerned or their heirs.

2. Non-recoverable costs shall be borne by the State.

The original of wills is kept in the registry.

[32] 1 The notary shall maintain an alphabetical index with references to the minutes and relevant minute books for all acts mortis causa and similar acts, in accordance with the law on the processing of acts mortis causa and similar acts (LACDM), dated November 2, 2010 [33], which are received in authentic form.

2. This index shall include the name, first name, date of birth, and domicile of the testator or the parties to the act.

[34]

If they intend to continue practicing as notaries, the notaries in office must provide proof to the department, within six months from the effective date of the new law, of civil liability insurance that meets the requirements of the law and this regulation.

1. The candidate who has completed their internship and has not yet taken the examination, or who has taken it and failed once or twice, is required to take the examination within one year following the entry into force of the new law, under penalty of forfeiture.

2. This deadline may be exceptionally extended by the department in cases of force majeure.

[35]

The Implementing Regulation of the Notarial Law, dated May 29, 1973 [36], is hereby repealed.

1. This regulation shall enter into force on January 1, 1998.

2. It shall be published in the Official Gazette and inserted in the Compendium of Neuchâtel Legislation.

Transitional Provision to the Amendment of January 1, 2023 [37]

The current equipment provided by the State to notaries, at their expense, may continue to be delivered and used by notaries until the stock is depleted.

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