CH-NE
1 State - People - Authorities - 16 Judicial Organization - Lawyers and Notaries - 166 Notaries - CHAPTER ONE General Provisions
Table of Provisions (17)
Statutory Text (17 Articles)
1. The notary is entitled to
a) fees for authentic acts that he or she executes;
b) fees for preliminary or subsequent procedures, operations, and formalities required for the execution of the acts which are not already covered by the fee or for any other activities;
c) reimbursement of expenses.
2. The notary’s claim comprises the fees, charges, as well as expenses.
The parties to the deed, as well as the persons requesting the drafting, are jointly and severally liable towards the notary for the payment of fees, charges, and disbursements, notwithstanding any agreement to the contrary between them.
1. The notary requests from the parties to the deed a sufficient advance payment, which must be paid before the execution of the deed.
2. This advance is intended to cover fees, charges, and disbursements.
3. In the absence of payment of the advance, the notary does not execute the deed, except in exceptional circumstances.
1 The fee of a deed includes
1. The preparation of the deed;
2. The drafting and execution of the deed;
3. The registration and preservation of the original;
4. The entry in the register.
2. The Notarial Council defines by directives the procedures covered by the preparation of the deed.
The fee is due as soon as the act related to it has been executed.
It is prohibited for the notary, whether male or female, directly or indirectly
1. to charge fees higher or lower than those set by the tariff;
2. to make agreements with those who utilize their services or with their intermediaries regarding the fee for acts to be executed;
3. to partially or totally relinquish a claim to fees;
4. to return all or part of the collected fee, except between notaries acting in their capacity as public officers.
1. The fee of an act is based on the amount stated as the price, capital, or value.
2. In the absence of a stated price, capital, or value, the fee is based
1. for a real estate act, on the value of the properties;
2. for another act, on the significance and difficulty of the case.
When the present tariff allows for discretion, the fee is determined by considering the time devoted to the act, its nature, importance, difficulty, and the responsibility involved.
When a drafted document is not finalized, the notary is entitled to half of the fee prescribed for that document.
Any act not specifically mentioned entitles one to a fee that is set by analogy to those provided in this tariff.
1. The fee for a document whose text significantly exceeds the ordinary length may be increased to a fair extent.
2. The same applies if the document presents special difficulties, is particularly complex, or if it is a collective document.
1. The notary has the right to fees for the steps, operations, and preparatory or subsequent formalities required for the execution of the acts, or for any other activities, including travel.
2. The fees are due even if the act to which they relate has not been executed.
1. Fees are governed by the rules of mandate provided in Articles 394 and following of the Code of Obligations, which apply as supplementary law.
2. They are determined by taking into account the time required for the matter, its nature and difficulty, the importance of the notary's tasks, and the responsibility he or she assumes.
[2] Fees, excluding VAT, due to notaries for their acts are as follows
1.
Legalization of signature
20 francs per signature
2.
Certification for a certain date
20 francs
3.
Certified copy (Vidimus), depending on the extent of the copy
from 20 to 100 francs
4.
Certificate or report
from 150 to 1,500 francs
5.
Inventory
from 150 to 1,500 francs
6.
Declaration confirmed by oath
from 150 to 1,000 francs
7.
Issuance of an authentic act
per issuance
25 francs
8.
Certificate of life
100 francs
9.
Deed constituting or modifying a foundation
from 150 to 2,000 francs
10.
Authentic acts related to the merger of foundations, for each
like companies
11.
Receipt of a declaration of partnership
200 francs
12.
Request for registration in the cantonal partnership register
30 francs
13.
Agreement on the assets of registered partners
from 150 to 2,000 francs
14.
Inventory of the assets of registered partners
from 150 to 2,000 francs
15.
Marriage contract
from 150 to 2,000 francs
16.
Establishment of a family co-ownership
from 150 to 2,000 francs
17.
Public will
from 150 to 2,000 francs
18.
Minutes of the destruction of the public will
100 francs per participant, minimum 200 francs
19.
Succession agreement
from 150 to 2,000 francs
20.
Agreement of succession waiver for consideration between the living
like a real estate sale
21.
Minutes of the destruction of a succession agreement
200 francs
22.
Deposit of acts due to death and similar acts
100 francs
23.
Withdrawal of acts due to death and similar acts
100 francs
24.
Notification to the executor of the will
100 francs
25.
Any measure intended to ensure the devolution of a heritage (opening of acts due to death and similar acts, provisional possession delivery, communication to the beneficiaries)
overall from 150 to 2,000 francs
26.
Establishment of the executor of the will certificate
100 francs
27.
Certificate of inheritance
from 150 to 2,000 francs
28.
Benefit of inventory (tasks provided in art. 28 and 30 to 34 LACDM)
from 150 to 5,000 francs
29.
Administration of a succession object to an inventory benefit
from 150 to 5,000 francs
30.
Decision in the sense of articles 27 and 38 LACDM
from 150 to 2,000 francs
31.
Transfer deed of successive rights
like a real estate sale
32.
Real estate division
from 150 to 2,000 francs
33.
Transfer of easements, annotations, or mentions within a real estate division
overall from 50 to 500 francs
34.
Transfer of liens within a real estate division
overall from 50 to 500 francs
35.
Fractioning or reunification of real estate liens
per new title
35% of the fee due for the establishment of a real estate lien
36.
Request for registration in the land register
from 100 to 500 francs
37.
Fiscal report
100 francs
38.
Creation or modification of an easement
from 150 to 500 francs
39.
Creation or modification of a usufruct
from 150 to 500 francs
40.
Creation or modification of a right of residence
from 150 to 500 francs
41.
Creation or modification of a building right (in the form of an easement or a distinct and permanent right)
like a real estate sale.
In the case of annuity for the building right, the fee is calculated on the capitalized value of the annuity.
42.
Creation or modification of the right to a source
from 150 to 500 francs
43.
Creation or modification of a land charge
like a real estate sale
44.
Creation of a real estate lien (mortgage, mortgage note, annuity letter)
Amount of the lien
Up to 100,000 francs
500 francs
from 100,001 to 200,000 francs
700 francs
from 200,001 to 300,000 francs
900 francs
from 300,001 to 400,000 francs
1,100 francs
from 400,001 to 500,000 francs
1,300 francs
from 500,001 to 600,000 francs
1,500 francs
from 600,001 to 700,000 francs
1,700 francs
from 700,001 to 800,000 francs
1,900 francs
from 800,001 to 900,000 francs
2,100 francs
from 900,001 to 1,000,000 francs
2,300 francs
from 1,000,001 to 1,100,000 francs
2,500 francs
from 1,000,101 to 1,200,000 francs
2,700 francs
from 1,200,001 to 1,300,000 francs
2,900 francs
from 1,300,001 to 1,400,000 francs
3,000 francs
from 1,400,001 to 1,500,000 francs
3,100 francs
from 1,500,001 to 1,600,000 francs
3,200 francs
from 1,600,001 to 1,700,000 francs
3,300 francs
from 1,700,001 to 1,800,000 francs
3,400 francs
from 1,800,001 to 1,900,000 francs
3,500 francs
from 1,900,001 to 2,000,000 francs
3,600 francs
from 2,000,001 to 2,100,000 francs
3,700 francs
from 2,100,001 to 2,200,000 francs
3,800 francs
from 2,200,001 to 2,300,000 francs
3,900 francs
from 2,300,001 to 2,400,000 francs
4,000 francs
from 2,400,001 to 2,500,000 francs
4,100 francs
from 2,500,001 to 2,600,000 francs
4,200 francs
from 2,600,001 to 2,700,000 francs
4,300 francs
from 2,700,001 to 2,800,000 francs
4,400 francs
from 2,800,001 to 2,900,000 francs
4,500 francs
from 2,900,001 to 3,000,000 francs
4,600 francs
from 3,000,001 francs
4,700 francs
2. The mortgage fee includes the loan contract or the acknowledgment of debt included in the mortgage deed.
45.
100 francs
46.
47.
48.
Establishment of an additional lien without capital increase
from 150 to 500 francs
49.
Act of capital increase of a real estate lien
like a real estate lien on the amount of the increase.
50.
from 150 to 500 francs
51.
200 francs for the first mortgage note and 50 francs per additional title
52.
Authentic power of attorney
from 150 to 2,000 francs
53.
Resumption of a mortgage title
on the total debt resumed
54.
Real estate sale
up to 100,000 francs
800 francs
from 100,001 to 200,000 francs
1,100 francs
from 200,001 to 300,000 francs
1,400 francs
from 300,001 to 400,000 francs
1,650 francs
from 400,001 to 500,000 francs
1,900 francs
from 500,001 to 600,000 francs
2,150 francs
from 600,001 to 700,000 francs
2,350 francs
from 700,001 to 800,000 francs
2,550 francs
from 800,001 to 900,000 francs
2,750 francs
from 900,001 to 1,000,000 francs
2,950 francs
from 1,000,001 to 1,100,000 francs
3,100 francs
from 1,100,001 to 1,200,000 francs
3,250 francs
from 1,200,001 to 1,300,000 francs
3,400 francs
from 1,300,001 to 1,400,000 francs
3,550 francs
from 1,400,001 to 1,500,000 francs
3,700 francs
from 1,500,001 to 1,600,000 francs
3,850 francs
from 1,600,001 to 1,700,000 francs
4,000 francs
from 1,700,001 to 1,800,000 francs
4,150 francs
from 1,800,001 to 1,900,000 francs
4,300 francs
from 1,900,001 to 2,000,000 francs
4,450 francs
from 2,000,001 to 2,100,000 francs
4,600 francs
from 2,100,001 to 2,200,000 francs
4,750 francs
from 2,200,001 to 2,300,000 francs
4,900 francs
from 2,300,001 to 2,400,000 francs
5,000 francs
from 2,400,001 to 2,500,000 francs
5,100 francs
from 2,500,001 to 2,600,000 francs
5,200 francs
from 2,600,001 to 2,700,000 francs
5,300 francs
from 2,700,001 to 2,800,000 francs
5,400 francs
from 2,800,001 to 2,900,000 francs
5,500 francs
from 2,900,001 to 3,000,000 francs
5,600 francs
from 3,000,001 to 3,500,000 francs
6,000 francs
from 3,500,001 to 4,000,000 francs
6,400 francs
from 4,000,001 to 4,500,000 francs
6,800 francs
from 4,500,001 to 5,000,000 francs
7,200 francs
from 5,000,001 to 5,500,000 francs
7,600 francs
from 5,500,001 to 6,000,000 francs
8,000 francs
from 6,000,001 to 6,500,000 francs
8,400 francs
from 6,500,001 to 7,000,000 francs
8,800 francs
from 7,000,001 to 7,500,000 francs
9,200 francs
from 7,500,001 to 8,000,000 francs
9,600 francs
from 8,000,001 francs
10,000 francs
55.
Real estate sale involving land accompanied by a construction contract
like a real estate sale, calculated on the value of the land, excluding the value of the construction contract.
56.
Establishment of a registered ordinary co-ownership
50% of the real estate sale fee, calculated on the value of the building (if no known value, on the fire insurance value and, failing that, on the value of the cadastral estimate).
57.
Establishment of a registered ordinary co-ownership included in another act
20% of the real estate sale fee.
58.
Creation of a condominium
150% of the real estate sale fee calculated on the value of the building after construction or renovation.
59.
Real estate sale promise
like a real estate sale.
60.
Real estate sale following a sale promise instrumented by the same notary
30% of the real estate sale fee.
61.
Verification of the fulfillment of the conditions of a term or conditional act
20% of the real estate sale fee.
62.
Option agreement
like a real estate sale.
63.
Execution of the option agreement
30% of the real estate sale fee.
64.
Option clause included in another real estate act
20% of the real estate sale fee.
65.
Qualified preemptive agreement: like a real estate sale.
66.
Preemptive clause included in another real estate act
20% of the real estate sale fee.
67.
Right of redemption agreement: like a real estate sale.
68.
Right of redemption clause included in another real estate act
20% of the real estate sale fee.
69.
Public auctions of real estate
like a real estate sale for the minutes of adjudication.
70.
Real estate exchange
like a real estate sale, calculating the fee on the price of the building with the highest value (if no known value, on the fire insurance value and, failing that, on the value of the cadastral estimate).
71.
Real estate donation
like a real estate sale, calculated on the value of the building (if no known value, on the fire insurance value and, failing that, on the value of the cadastral estimate).
72.
Free transfer of real estate to the public domain
73.
Guarantee
c) if there are multiple guarantee acts for the same debt, the fee following letter a, and if applicable letter b, is due for each act.
74.
Minutes of the drawing of a lottery
like a report.
75.
Life annuity contract
like a real estate sale, calculated on the capitalized value of the annuity.
76.
Lifetime maintenance contract
like a real estate sale, calculated on the value of the patrimony or the assets transferred.
77.
Protest
50 francs plus 1.5‰ of the protest amount, maximum 1,000 francs.
78.
Authentic act giving the contract an enforceable character
Amount of the contract
up to 30,000 francs
800 francs
from 30,001 to 100,000 francs
1,000 francs
from 100,001 to 300,000 francs
1,500 francs
from 300,001 to 500,000 francs
2,000 francs
from 500,001 to 700,000 francs
2,400 francs
from 700,001 to 1,000,000 francs
2,500 francs
from 1,000,001 to 1,500,000 francs
3,000 francs
from 1,500,001 to 2,000,000 francs
3,400 francs
from 2,000,001 to 3,000,000 francs
4,500 francs
from 3,000,001 to 5,000,000 francs
6,000 francs
from 5,000,001 to 8,000,000 francs
7,800 francs
from 8,000,001 to 12,000,000 francs
9,000 francs
from 12,000,001 to 20,000,000 francs
10,000 francs
from 20,000,001 francs
12,000 francs
79.
Clause of enforceable character in a notarial act
a) if there is one clause: 250 francs plus 1.5‰ of the amount of the obligation or obligations to be executed, maximum 1,000 francs;
b) if there are several clauses: additionally, 10% of the fee per additional clause.
80.
Notification of a certified copy of the title (art. 350 of the Code of Civil Procedure (CPC))
from 300 to 1,000 francs
81.
Public limited company and partnership limited by shares
A. Operation relating to the amount of share capital
1) establishment of the company
beyond... but no more than 11,800 francs
This fee does not include the contribution and acquisition agreements, the establishment of the articles of association, the acquisition report, the request for registration in the commercial register and the register of shareholders.
2) increase or decrease of the share capital
The value of the capital considered in numbers 1 and 2 is the issue value.
3) for the minutes of the board of directors: like an increase or decrease of the share capital.
B. General meeting minutes in other cases: from 300 to 2,500 francs.
C. Merger, demerger, transformation and transfer of assets: like the establishment of the company, the fee being calculated on the cumulative share capital of the companies concerned.
82.
Limited liability company
c) Authentic deed of transfer of a social share: like a real estate sale.
1. Subject to paragraph 2, the date of the signing of the deed is decisive for determining the fees.
2. The fee for a real estate sale executing a promise concluded before the entry into force of this tariff is that specified in Chapter VII, item 54.
Order fixing the tariff of notary fees, dated January 20, 1982, is repealed.
1. This order shall enter into force on July 1, 2012.
2. It shall be published in the Official Gazette and inserted into the Collection of Neuchâtel Legislation.