Regulations of the Notarial Council, dated January 13, 1999 - Constitution

[2] 1 The president being appointed by the Council of State, the Notarial Council (hereinafter: the Council) appoints its vice-president and its secretary.

2. With the approval of the Department of Security, Digitalization, and Culture (hereinafter: the department), the secretary may be appointed from outside the members of the Council. In such a case, his remuneration shall be determined by the department.

In the event of the prolonged incapacity of a member of the Council, the member shall invite the Council of State to appoint an alternate member.

The Council is convened by the president or by the vice-president, either for regular sessions whose dates have been determined in advance, or, depending on the circumstances, for extraordinary sessions.

1. The Council shall, in principle, sit in full session.

2. It cannot sit if more than one member is absent.

3. If necessary, a second session shall be convened as a duty with 10 days' notice, which may be shortened in case of urgency.

The Council makes its decisions by an absolute majority of its members.

The Council may make a decision by circulation, provided that no member objects and it achieves unanimity of votes.

1. The president handles current affairs with the secretary. The latter informs the members of the Council no later than at its next meeting.

2. All matters of principle and all issues whose resolution might appear to set a precedent fall within the jurisdiction of the Council.

1. The Council regularly or occasionally delegates certain of its tasks, for study and report or for execution, to one or more of its members.

2. The delegate(s) inform the Council in session about the execution of their mandate.

1. The secretary shall keep a concise record of the proceedings of the Council sessions.

2. A member of the Council may request that their opinion be recorded in writing.

3. Decisions made by way of circulation shall be included in the minutes of the following session.

4. The minutes, approved by the president, shall be communicated to the department.

At the beginning of each year, the Council prepares its annual report and submits it to the department.

The Council regularly informs practicing notaries about the application of the legal provisions on notary matters.

The Council has its address at the residence of its president.

1. The Council issues its correspondence on official letterhead paper bearing the insignia of the Republic.

2. It benefits from flat-rate postal franking.

1. The Council retains its records for four years.

2. After this period, they are archived and submitted annually to the department.

**Inspection of Notarial Activities**

The inspection of notarial activities is conducted in each notarial office by at least two practicing notaries; these are appointed by the Council.

1. The purpose of the inspection is defined by Article 21, paragraph 2 of the Notary Law (LN).

2. The inspection of studies also aims to harmonize the practice of notaries and to advise them on methodological matters.

3. The Council periodically establishes a list of points to verify or specific subjects to address during inspections.

Inspectors Report to the Council.

1. The Council notes the result of the inspection.

2. If it does not consider it possible to dismiss the report without further action, it takes all necessary measures, particularly those it deems appropriate to safeguard the public interest.

The Council may, in particular, order an additional inspection or make recommendations to the department.

In the event of breaches or violations of legal and regulatory provisions governing notarial activities, the Council may, based on the inspection report, report the offending notary to the supervisory commission. In serious cases, it is required to do so.

1. In all cases, the Council informs the inspected notary of the result of the inspection and the measures it takes.

2. It may send the inspection report to the notary, with or without recommendations.

[3] 1 The costs arising from the inspection of notarial activities are the responsibility of the notary.

2. These costs are set at a flat rate of 200 francs per inspection.

3. They are exclusively allocated to expenses incurred by the Council.

1 The Financial Supervision of Professional Activities of Notaries and the Funds Entrusted to Them is Conducted, in Each Office, by the Independent Body Selected by It in Accordance with Article 3 RELN (hereinafter: the Controller).

2. Each office must be audited at least once every four years.

1. The Council holds the role of overseeing audits.

2. At the beginning of each year, it establishes a list of studies to be audited. It may subsequently make additions to this list.

3. It invites the auditors of the studies listed to conduct audits throughout the year.

The Council issues guidelines on financial control and communicates them to both notaries and controllers.

1 The purpose of the audit is to determine

– whether the notary is solvent or not,

– whether the notary is capable of promptly returning all funds and deposits entrusted to them, irrespective of their nature.

2. The solvency of the notary is assessed globally, taking into account their private situation.

1. In order to satisfy the purpose of oversight, the notary maintains the books required by the nature and scope of all activities carried out within their practice. These books are kept accurately and must reveal the financial situation of the practice as well as the state of debts and claims related to all of its activities.

2. The notary prepares a monthly balance of their accounts.

3. All assets, documents, securities, and any other valuables entrusted to the notary that cannot, by nature, be entered into their accounting, are subject to an inventory that is constantly kept up to date.

The inspection is, as a rule, announced to the notary by the inspector one month in advance.

If the Council has reasons to believe that a notary is unable to fulfill their obligations, it may order an unannounced inspection, urgently if necessary.

1. Within the limits of his mandate, the controller enjoys the broadest investigative powers.

2. He implements the directives issued by the Council.

3. He is bound by professional secrecy.

**1. The controller assesses the accounting organization of the practice, verifies the latest trial balance, and conducts spot checks on financial transactions and their recording, as well as the up-to-date maintenance of individual accounts.**

**2. They ensure the agreement between the accounting records and the actual situation, taking into account overlaps, cash accounts, postal check accounts, bank accounts, as well as bank balances related to assets managed on behalf of others and debts owed to clients.**

**3. They require all supporting documents, as well as a signed certificate from the notary certifying the completeness and accuracy of all assets, deposited funds, commitments, and any deposits.**

As a general rule, the examiner concludes their investigations as soon as they are able to determine the solvency or insolvency of the notary and their ability to promptly return the funds and deposits entrusted to them.

1. The auditor immediately transmits their report to the audited notary and to the Council.

2. If the report concludes that the notary is insolvent, or that their solvency is doubtful, or that they are unable to promptly return deposits entrusted to them, or if they have invested client funds in a business which they legally or economically control, the Council, after having heard from the individual concerned, shall promptly take all appropriate measures.

The inspection report is kept for 10 years with the Council.

The costs arising from the financial audit shall be borne by the audited notary.

This organic regulation comes into effect upon its approval by the Council of State.

Regulation approved by order of the Council of State on February 10, 1999 [4], effective on the same day.