Notary Act (LNo) - Statute (LNO)

1. The notary is the public officer of the State of Vaud authorized to receive authentic acts.

2. The term notary refers to both women and men.

3. The notary performs this ministerial task freely and under their own responsibility, within the limits of the legislation and under the supervision of the Department of Institutions and External Relations, competent in notarial matters (hereinafter: the department) [A].

1. This Act governs the ministerial activities of the notary.

2. It extends to the private and professional activities of the notary when provided for by law or when these activities are so dependent on the public ministerial activities that a uniform legal framework is necessary.

3. When the notary is appointed by a judge for the purposes of liquidating a matrimonial regime or the division of an estate or other joint ownership, or when appointed as a judicial expert, his status is exclusively governed by the law of civil procedure [B].

4. When the notary is tasked with preparing a tax inventory, his status is exclusively governed by the law of February 27, 1963, concerning transfer taxes on real estate transfers and inheritance and gift taxes [C].

1. The ministerial duty of the notary consists in the execution of authentic instruments and other notarial acts described in Article 47, as well as in the receipt for deposit of all original acts and documents.

1. Outside the ministry, the notary may be professionally tasked with drafting private agreements, settling social, succession, or marital properties, managing and administering movable and immovable properties, or undertaking, within the limits of a specific mandate, any steps for the purchase or sale of movable or immovable property.

1. The notary cannot practice the professions of a lawyer, a certified business agent, or a real estate broker.

2. They cannot participate in any way in a company engaged in social activity within these professions.

3. They cannot be a judicial magistrate or an official within a Justice of the Peace.

1. The notary public may not engage in ancillary activities that are incompatible with the dignity of the notarial profession.

2. They may not conduct banking transactions with their clients for their personal benefit.

1. The notary is permitted to advertise, either directly or through an intermediary, only if it is compatible with the dignity of the profession.

2. Advertising specifically concerning any or all activities of a notary or a particular notary office is prohibited. Only announcements of collaborations between notary offices, new associations or partnerships, as well as usual notices of office openings, relocations, and the establishment of secondary offices, are permitted.

3. The opening of a website on the internet, as well as the indication of academic titles or language proficiencies, can only be authorized by the department, which monitors both its form and accuracy after consulting with the profession.

4. The notary cannot state, within his ministerial or professional activities, any public office or mandate; these cannot appear in documents identifying the notary office or the notary.

1. The notary must not become a co-debtor, endorser, guarantor, or surety for a loan or commitment entered into through their intermediary or which they are responsible for recording by authentic deed or under private signature.

2. Similarly, they cannot vouch for the effectiveness or existence of rights created or evidenced in the deeds they have received.

3. The acts prohibited in paragraphs 1 and 2 are void and of no effect.

1. A notary may only associate with another notary.

2. Each notary exercises their function independently, in their personal name and under their own responsibility. They cannot entrust the management of their practice to a public limited company, a limited liability company, a cooperative, or a partnership limited by shares.

1. The notary represents their clients without a power of attorney before land registry conservators, commercial registry officers, justices of the peace, administrative authorities, notably tax authorities, as well as courts in non-contentious matters and the Cantonal Court.

2. The justification of the powers conferred upon notaries is governed by the applicable procedural law.

1. The notary is not required to perform their duties on Sundays and legally recognized holidays according to civil procedure, except in urgent cases.

1. The notary authorized to practice pursuant to this law may have an office only in the canton.

2. The license indicates the location where the notary must open their main office.

3. The department may authorize the opening of secondary offices under the conditions set by the regulation [D].

4. The notary must keep their account books and archives at their main office.

1. The notary must be domiciled in the canton during the exercise of their office; failing this, they are deemed to have elected domicile at their main office for all ministerial and professional matters.

1. The notary may officiate across the entire cantonal territory.

1. In consideration of the monopoly granted by the first article of this law, the State collects a fee from the notaries practicing in the Canton of Vaud.

2. This fee amounts to 5,000 francs per year per notary.

3. The payment of the fee is a condition for the practice of notarial profession in the Canton of Vaud.

1. The practice of notary public in the canton is subject to the issuance of a license by the Council of State.

2. This license grants its holder the title of notary public.

1. Only a person holding a valid notarial license from Vaud, as defined by this law, may claim the title of notary; the honorary title of notary may be conferred by the Council of State to notaries who have relinquished their license after twenty-five years of practice.

2. Any person who claims the title of notary without being legitimized in accordance with the preceding paragraph is subject to a fine. The prosecution of this offense is conducted according to the Law on Infractions [E], without prejudice to the penalties provided by federal law for the usurpation of functions.

1. The obtaining of the Vaud notary's patent is subject to

1. the exercise of civil rights;

2. Swiss nationality;

3. the holding of the certificate of capacity provided for in Article 18;

4. the enjoyment of a good reputation, as well as the absence of a criminal conviction for a crime or serious offense, or for offenses committed against property or constituting forgery;

5. the absence of bankruptcy or a certificate of unpaid debt, under the conditions of Article 27 of the Federal Law on Debt Enforcement and Bankruptcy [F];

6. the deposit of the guarantee and the certificate of insurance provided for in Articles 109 et seq.

1. The certificate of competency provided for in Article 17, number 3 is issued to the candidate who has completed the internship stipulated in Article 22 and has passed the professional examinations following the internship.

2. It is issued by the examination board established in Article 19.

1. Professional examinations are organized and assessed by an Examination Commission, which consists of a cantonal judge who presides over it, a faculty member from the Faculty of Law at the University of Lausanne, three practicing notaries, and a lawyer registered with the cantonal registry of Vaud lawyers. Each member has a substitute.

2. The Examination Commission is appointed by the Council of State for two years.

3. Persons who cannot sit on the commission include parents and direct-line relatives up to the third degree in the collateral line of a candidate, nor the notary with whom a candidate has completed all or part of their internship.

1. Unless an exception is granted by the department, there is only one examination session per year.

2. The examination schedule is set by regulation [D].

1. Any holder of a Bachelor of Law degree issued by a Swiss university, attesting to sufficient instruction in subjects useful to the profession, may enter an internship if they demonstrate that they meet the conditions of Article 17, produce a declaration from a notary authorized to train interns certifying their entry into the internship, and also satisfy one of the following conditions

1. production of an official document establishing that they have defended or obtained authorization to defend a thesis at a Swiss law faculty;

2. engagement in legal activity for two years within the five years preceding entry into the internship. The department maintains a list of approved activities.

2. Regulation [D] determines the subjects useful to the profession, as well as the minimum instruction in these subjects and its control.

3. A candidate who does not meet these requirements may be required to undergo complementary training under the conditions stipulated by the regulation.

1. The duration of the internship is two and a half years.

2. Only notaries who have held a license in the Canton of Vaud for at least five years are authorized to train interns.

3. During the internship, the intern must attend the practical and theoretical courses organized by the Association of Vaud Notaries. The department may determine the content of these courses.

**1. At the end of the internship, the candidate may register for the professional examinations upon submission of a certificate regarding the duration of the internship issued by his or her internship supervisor(s).**

**2. After verifying the duration of the internship, the department forwards the applications to the examination committee, which finalizes the list of candidates for each examination.**

**3. A third failure in the professional examinations is final.**

1. The candidate who has passed their exams requests the issuance of the license from the Council of State; the Council of State issues the candidate a license for the locality where they intend to open their main practice.

2. The license is issued after payment of a fee, the amount of which is determined by regulation [D].

1. Before issuing his license to the notary, the Council of State makes him take the following promise

- "You promise to discharge the duties of your office with dignity, accuracy, and honesty, to faithfully observe the laws, and not to lend your services to any act contrary to public order and good morals."

2. This reading completed, the notary raises his hand and pronounces the words: "I promise."

1. Immediately after taking the oath, the notary affixes his or her signature and seal at the bottom of a declaration drafted as follows: "The undersigned notary declares to adopt the signature and seal below".

2. The seal bears the coat of arms of the Canton of Vaud; it includes the name of the notary as well as the mention of this function and is affixed according to a model established by the department.

3. The adoption of an electronic signature and seal according to Article 83 is established by regulation [D] following a similar procedure.

4. The notary may not change the seal or signature without prior authorization from the department.

1. The notary who wishes to transfer their main office to a different location than the one for which the license was issued must request authorization from the Council of State. Except in exceptional circumstances, this authorization is granted only after two years of activity in the location designated by the license.

2. A new license is then issued upon payment of the regulatory fee.

1. The notary's patent (commission) expires by operation of law

1. upon death;

2. upon interdiction (legal incapacitation);

3. upon bankruptcy;

4. when the notary has reached the age of seventy full years;

5. upon voluntary, unilateral, and unconditional renunciation of the practice of notaryship.

1. **Withdrawal of Patent**

Regardless of any disciplinary proceedings and even without fault on the part of the notary, the department may withdraw a patent by decision when

1. the mandatory guarantee or insurance no longer appears sufficient with regard to legal requirements, if the notary does not restore them after the expiry of a period of formal notice;

2. the notary has been provided with a substitute for at least two years due to illness or absence, or when, in any other manner, the notary is manifestly no longer able to meet their duties;

3. the notary has been subject to a certificate of unpaid debt (acte de défaut de biens);

4. the notary has violated Articles 5, 9, or 27 or does not comply with the conditions attached to the patent;

5. the notary has been criminally convicted within the meaning of Article 17, paragraph 4 since the issuance of their patent;

6. the notary has lost Swiss nationality;

7. the notary has not paid the fee provided for in Article 14a of this law, despite two reminders.

2. The withdrawal of the patent under this provision may only be pronounced after an investigation and prior hearing of the notary concerned.

3. When the cause that led to the withdrawal of the patent has ceased, the Council of State may, upon request, issue a new patent to the notary who meets the conditions of Article 17.

1. Where the safeguarding of public interests so requires, the department may provisionally suspend a notary's patent, independently of any fault on their part, when

1. the notary is charged with a serious offence or a criminal investigation is initiated against them due to acts contrary to probity or honor. This provisional suspension is lifted ipso jure when the criminal action against the notary is definitively terminated; it may be maintained until a decision is rendered pursuant to Article 29, paragraph 5;

2. the notary requests a concordat moratorium or files for bankruptcy, until the expiry of the patent in accordance with Article 28; the definitive homologation of the concordat automatically terminates the suspension;

3. the notary is subject to disciplinary proceedings, for the duration of these proceedings;

4. the notary is durably absent from their office, or is affected in their health such that they can no longer satisfactorily provide for the public, this until the occurrence of a legal cause for expiry or withdrawal within the meaning of Articles 28 and 29 above; the measure is lifted by the department in the event of the notary re-establishing the situation.

2. The suspended notary shall be provided with a substitute.

3. In cases of extreme urgency, initial measures may be taken by the prefect of the district where the notary's main office is located, who shall immediately inform the department.

4. The department or the Chamber of Notaries may place a notary under supervision when the safeguarding of public interests so requires, particularly when the notary is the subject of a disciplinary investigation.

1. The department appoints a substitute notary

1. who is suspended from their duties either pursuant to Article 30 or as a disciplinary measure;

2. who has died or reached the age limit without having designated a successor notary;

3. whose patent is withdrawn, either pursuant to Article 28 or as a disciplinary measure;

4. who is bankrupt or interdicted;

5. who resigns their patent without having designated a successor.

2. The substituted notary may no longer validly receive any deed.

1. The mission of the substitute notary is ministerial and conservative. It notably consists of

1. carrying out all necessary formalities to safeguard public interests;

2. ensuring that ongoing operations do not remain in abeyance, particularly by completing the formalities subsequent to the execution of deeds;

3. updating the notarial minutes, repertories, and the register of testamentary dispositions;

4. keeping the firm's accounts up to date;

5. designating acts subject to the collection of a fiscal duty when the law assigns this responsibility to the notary;

6. where applicable, ensuring the safekeeping of titles, documents, and valuables;

7. issuing certified copies of deeds to beneficiaries.

2. Subject to the exception provided in the following paragraph, the substitute notary cannot receive any new deed in the name and on behalf of the replaced notary.

3. When the substitution is established pursuant to Article 29, paragraph 4, the substitute notary may receive deeds on behalf of the replaced notary.

4. If professional matters remain pending, the substitute notary informs the clients.

1. Upon assuming duties, the substitute notary shall prepare an inventory of the minutes, directories, and regulatory registers of the notary being substituted, in the presence of the prefect. The notary being substituted may attend if necessary.

2. A copy of the inventory shall be handed over to the notary being substituted as a receipt. Another copy shall be transmitted to the department.

3. The substitute notary takes possession of the acts of mortis causa deposited with the notary being substituted as well as their directory. In the event of death or reaching the age limit, the substitute notary shall immediately invite the testators to withdraw their will; he shall deposit with the Cantonal Archives the acts of mortis causa not withdrawn and the directory at the same time as he makes the deposit provided for in Article 86.

4. If deemed appropriate for the public interest, the substitute notary shall also inventory the documents relating to the professional activities of the notary being substituted; the department may provide instructions in this regard.

5. The procedure and obligations concerning the substitution are otherwise governed by regulation [D].

1. The substitute notary is responsible for their management to the extent specified in Article 107.

2. Their guarantee and insurance must extend to their management as a substitute.

1. The substitute notary who has completed their mission reports to the department that released them, according to a procedure established by regulation [D].

1. The substituted notary or his successors, failing which the State, shall bear the costs of substitution.

1. In anticipation of their death, resignation from the practice, or reaching the age limit, a notary may designate a successor notary through inter vivos written acts or by testamentary disposition.

2. The successor notary, who accepts their position, acts in this capacity after ratification of this designation by the department.

3. If a substitute is needed, the notary approved as a successor must fulfill the role of substitute.

4. They shall deposit the minutes, registers, directories, and seal of their predecessor with the Cantonal Archives in accordance with Articles 86 and following, within twenty years from taking office; they may also submit testamentary acts in deposit and their directory to the Cantonal Archives.

5. The succession procedure is determined by regulation [D].

1. Decisions rendered in application of the present law relating to

the granting, waiver, and withdrawal of a license; the suspension and removal, as well as other disciplinary sanctions whose publication has been ordered; the establishment and termination of a temporary replacement; the ratification of the designation of a successor notary,

shall be published in the Official Gazette.

2. The publication shall indicate the effective date of these decisions.

1. When executing a deed, the notary is instructed by the parties of their true intention, which he must express in the deed with clarity and precision.

2. He ensures the identity and capacity of the parties to the deed and of all parties involved in any title whatsoever in the execution, as well as the validity and scope of the powers of any person appearing before him as an agent or under any other title.

1. The notary endeavors to safeguard the interests of each party.

2. He devotes the necessary care to the prompt execution of the task entrusted to him.

1. The notary must perform all procedures, operations, and formalities that are preliminary or subsequent to the formalization of authentic instruments and are necessary for their completion.

2. Upon request, they must agree to perform the operations usually associated with the formalization of the instrument, such as the notice of formalization of a pledge or the distribution of funds.

1. The notary and their assistants, as well as the witnesses and translators involved in the act, are bound by professional secrecy.

2. As such, they cannot be compelled to disclose what a person has confided in them in this capacity, even if the person concerned releases them from this obligation.

3. The right to copies and duplicates of notarial acts is governed by the Vaud Code of Private Judicial Law [B].

1. The notary must inform the parties about their legal situation and the legal consequences of the acts they intend to carry out.

2. The notary also advises them on the act to be executed and the form to observe, ensuring the protection of their interests.

3. When the parties do not wish to follow his advice, the notary obliged to execute under Article 50 is authorized to condition the execution on the fact that such a mention is included in the act.

4. If so requested, the notary must provide more extensive legal advice.

5. In any case, he must inform the parties and the intervenors in the act about the formalities of the execution and its consequences.

1. The equivalent value of funds entrusted to a notary, in any capacity whatsoever, must be constantly available in the form of liquid assets.

2. The equivalent value of funds entrusted to the notary must be available in a special account opened by the Association of Vaud Notaries. This account accrues interest, which is allocated to the training and protection of the clients' interests.

3. From the 60th day, funds belonging to a client that exceed the amount of 100,000 francs must be placed in a bank, not subject to set-off, for the benefit of the entitled party. The latter benefits from the interest and assumes the costs.

4. The restitution of funds must occur automatically as soon as the matter is concluded, in the absence of specific and written instructions from the interested parties.

1. The notary is required to maintain the accounting of his ministerial and professional activities in accordance with the principles of the Code of Obligations [G], as well as all financial transactions carried out on behalf of others.

2. The accounting must be kept updated regularly, and an annual balance sheet and profit and loss account must be prepared; periodic statements may be required.

3. The regulation [D] contains further provisions on the notary's accounting.

1. The notary is required to regularly undertake continuing education, particularly by attending the programs established for this purpose by the profession.

2. Regulation [D] determines the content of this obligation and may provide for incentive measures.

1. Notarial acts that meet the validity requirements of this law are authentic acts.

2. A notarial act is only validly executed by the notary personally.

3. A second or multiple notaries may authenticate the execution of the same act; however, the execution itself must be carried out by one and the same notary.

1. Notarial acts within the meaning of this law are

- acts for which federal or cantonal legislation prescribes the authentic form, or to which the parties wish to give this form;

- legalizations, visas, acts of notoriety, vidimus (certifications that a collated copy conforms to the original), authentic certificates and attestations, as well as protests of bills of exchange;

- acts that must be authenticated according to the formalities of foreign legislation in application of Article 11 of the Federal Act on Private International Law [H]; the burden of proof for the formalities to be followed under foreign law falls to the parties if there is any doubt.

1. The notary public licensed under the provisions of this law shall be the only one authorized to execute a notarial act on the territory of Vaud.

2. Authentic acts relating to real estate rights on immovable property located in the canton may only be received by a Vaud notary.

3. The State Council may conclude inter-cantonal agreements regulating the execution of notarial acts for immovable property located in neighboring regions.

1. Once requested by the parties to assist in the drafting of an instrument, the notary may only refuse if

- they are obliged to decline their assistance due to incompetence (Art. 49), disqualification (Art. 51), or because the instrument to be drafted appears *prima facie* void for illegality or immorality;

- there are objectively important reasons that necessitate their exclusion.

2. At the request of a party, the refusal to draft the instrument shall be notified in writing to the applicants, with an appeal against it being available within ten days to the department. If the refusal is well-founded and the contemplated instrument does not clearly appear to be void, the department shall, if necessary, ensure that the parties are provided with a notary capable of intervening.

1. A notary cannot validly officiate

1. a notarial deed in which they must intervene as a directly interested party, representative, or authorizing party in any capacity, as well as deeds in which they are fiduciairely interested by a party to the deed;

2. a notarial deed that contains provisions in their favor, with the exception of a mandate entrusted to them for operations subsequent to it or their designation as a testamentary executor;

3. a notarial deed that personally concerns them or in which the following intervene as agent, administrator, managing partner, or in any capacity

a. one of their relatives by blood or marriage in the direct or collateral line, up to and including the third degree, or a person with whom they are de facto living as a couple;

b. a relative by marriage of their spouse or registered partner in the direct or collateral line up to and including the second degree;

4. a notarial deed concerning a commercial company, another private law corporation, or a foundation in the administration of which they collaborate as a director, attorney-in-fact, administrator, managing partner, or member of the governing body.

2. Subject to a special or general authorization from the department, a notary may receive a deed concerning

1. a commune of which they themselves or one of their relatives by blood or marriage within the meaning of point 3 above is a member of the municipality;

2. a credit institution of which they themselves or one of their relatives by blood or marriage within the meaning of point 3 above is a council member without signatory power, agent, manager, or cashier.

3. A notary is only disqualified from proceeding with the legalization of a signature in the cases set forth in paragraph 1, points 1 and 2, above.

1. The interpreter responsible for translating the authentic act (art. 68) must be approved by the notary and the parties involved.

2. Once this approval is obtained, the interpreter is subject to the rules of disqualification outlined in Article 51 and is solely liable to the parties for their translation work, with the provisions of federal contractual liability law being applicable by analogy.

3. The notary provides the interpreter with information regarding their role and obligations.

1. Instrumental Witnesses (Art. 59 to 61) are chosen by the notary, under his responsibility.

2. Subject to the provisions of federal law concerning the form of acts upon death, they cannot validly participate in the act if in a state of incapacity as defined in Article 51, which the notary ensures before the execution of the instrument.

1. The notarial deed is drafted clearly and accurately.

2. It includes references to the supporting documents and the documents annexed to it.

3. Real estate is identified by its cadastral designation.

4. Numbers, figures, and dates are written in numerals. However, prices, the amount of real estate mortgages, and land charges, as well as the closing date of the deeds, are written in full words.

1. The deed must not contain any blanks, abbreviations, erasures, overwriting, additions, or interlineations.

2. Words that are removed must be marked as such without being rendered illegible.

3. Words that are added must be included via marginal notes or endorsements. The mention of the number of words removed and the endorsements should be made immediately before the signatures at the bottom of the deed. The endorsements are noted in the corresponding margin and must be approved by the signatures of the parties, and if applicable, of the witnesses and the notary.

1. Subject to the requirements of federal law, the notarial act must specifically state

1. the usual first name and surname of the notary and the location of their office;

2. the first names and surnames of the natural persons party to the authentic instrument, their origin, their domicile and address, their date of birth, and their marital status;

3. the name and registered office of the legal persons party to the authentic instrument;

4. the powers of attorney, authorizations, declarations, copies of minutes, and all other documents that are produced, or to which reference is made, with an indication of their date and the persons or authorities from which these documents emanate;

5. the usual first name and surname of the witnesses or interpreters, their origin, their domicile and address;

6. the place, year, month, and day of the instrumentation of the act;

7. furthermore, the hour in succession pacts and wills.

1. The Council of State may establish other formal requirements concerning notarial acts, provided that these do not affect their validity.

1. To the extent that a draft deed is drawn up, it must be done with the assistance of the notary.

2. The notary reads the deed to the parties and the individuals required to intervene. Once the interested parties have approved the deed, the notary has it signed by the parties and then by the interveners; he signs it immediately thereafter.

3. These operations take place at the same session; they are recorded in the deed.

4. If essential provisions of the notarized deed are formally separated into an annex document to which the deed refers, these provisions are only validly executed if the aforementioned formalities are observed concerning them.

1. Persons with hearing impairments personally read the document. The public officer certifies within it that they have reviewed and approved the content.

2. If a party is unable to express approval via their signature, the notary must indicate the reason in the document and rely on two instrumental witnesses (article 53) to certify that the unable party has understood and approved the document which was read in the presence of the notary.

1. An authentic instrument among living persons is validly executed under cantonal law if it follows the formalities of instrumentation under federal law.

1. Minutes of general meetings of commercial or cooperative companies, if an authentic form is required by law or by the parties, may be read, approved, and then signed by the notary after the general meeting has taken place. However, the notarization must be completed within ten days following the general meeting.

2. The notary responsible for the act is required to attend the general meeting. Article 58 is also applicable in this regard.

3. During the notarization, the board of the general meeting or a delegation designated by the general meeting must be present.

4. The notary is disqualified from officiating if they intend to participate in the vote themselves.

5. This provision may be applied analogously to authentic minutes of sessions of the executive body of a legal entity.

1. Minutes of general meetings or board meetings, as well as authentic records that lend themselves to this, may validly be executed remotely when an audio-visual means ensures interactive participation of the parties involved and the notary throughout the execution.

2. The notary ensures the freedom of expression and the truthfulness of the statements made by individuals expressing themselves through such means, if necessary relying on the report of a public officer competent for this purpose at the location of the meeting: two witnesses must attest that the presence of the participants was continuously ensured by the audio-visual means.

1. The acceptance from the pledgee or the donee is validly authenticated even if it does not occur immediately pursuant to Article 58, paragraph 2.

2. In the context of real estate auctions, the notary reads each bidding statement; the auction minutes must only be signed by the successful bidder.

3. When a plan or a graphic document must be formally authenticated, it is only validly done if it is stated in the deed that the parties have been informed by the notary and have approved it.

4. When the authentic instrument is enforceable under the Swiss Code of Civil Procedure (CPC), it must expressly state that the debtor was made aware of the legal consequences of acknowledging the enforceable nature.

1. The authenticity of the signature can only be attested when it is affixed in the presence of the notary or confirmed to the notary by the signatory.

2. The signatory must be personally known to the person who legalizes or must have proven their identity.

3. Legalization by signature comparison is only possible if the reference signature appears on an authentic document or another official piece.

4. The person performing the legalization must indicate how they established the identity of the signatory and how they verified the authenticity of the signature. The attestation must state the place and date where it was issued.

5. The preceding provisions apply to the legalization of marks for individuals unable to sign; this inability is authenticated with the mark.

1. When a notary is called upon to legalize an electronic signature, they personally ensure not only the conformity of the signature with the electronic certificate issued by a recognized certification service provider, but also that the recognized private electronic key has indeed been used by the signer. Article 64, paragraph 4 is applicable.

2. Legalization can occur by a computerized issuance in accordance with Article 83 if the notary retains the original in the form of a paper copy, collated with the register of deeds.

1. Official records, certificates of life, visas, vidimus, and acts of notoriety are validly drawn up after the notary has authenticated, personally or by a means indicated in the document, the fact or statement recorded therein; the notary attests to their veracity by signing the document.

2. These documents must indicate the place where they were drawn up and their date.

3. The Council of State determines the format of protests of bills of exchange.

1. Notarial acts must be drafted in the French language.

2. Authentic statements, visas, legalizations, vidimus, life certificates, and acts of notoriety may be drawn up in another language known to the notary and the party requesting their assistance.

1. When requested by a party, or when a party appears not to understand French, the documentation must also be conducted in a language other than French, known by that party.

2. The use of an interpreter (art. 52) is necessary if the notary or a witness proficient in this language cannot ensure an accurate translation of the document. The reading of the document in French precedes the translation of the document into the other language; Article 58 is additionally applicable.

3. A party may demand an authentic documentation transcribed in a language other than French (art. 55, para. 2 of the final title of the Civil Code [I]); the document that is not drafted in French is signed by the interpreter, who thereby certifies its conformity to the French text, with the notary authenticating this formality and the dual reading that preceded it. If the translation is provided by the notary or a witness, this fact is also authenticated on the document.

4. Documents in the French language and those drawn up in another language have the same evidential force.

**1. An instrument of legal acknowledgment or attestation that violates articles 47, paragraph 2, 49, 58, paragraphs 2 and 3, 59, 60, 61, 62, paragraphs 1 and 2, 63, paragraphs 2 and 4, 64, paragraphs 4 and 5, 65, paragraph 2, 66, paragraphs 1 and 2, 67, paragraph 1 and 68, paragraphs 2 and 3 of this law is null and void.**

**2. Provisions for which the formal requirements of articles 55, paragraph 3, 58, paragraph 4 and 63, paragraph 3 of this law have not been adhered to are deemed not to have been validly executed; the entire act is null if it is established that it would not have been concluded without them.**

**3. An act that should not have been executed according to articles 51, 52, paragraph 2, 53, paragraph 2, and 62, paragraph 2, or for which the required translation procedure according to article 68, paragraph 1 of this law has not been followed, can be judicially annulled within two years following its execution by one of the parties to the act or their successors.**

**4. Regardless of the act’s validity, the violation of a formal prescription of the law or regulation [D] invokes the notary's disciplinary responsibility.**

**5. When the application of a foreign form dictated by the federal law on private international law [H] results in a deviation from the forms of this law, the foregoing provisions are inapplicable.**

**6. Sanctions under federal law provisions remain reserved.**

1. The original notarial deed, containing the signatures of the involved parties, constitutes the official record.

2. The official records of the notary belong to the State of Vaud, unless the deed is executed under a certificate.

3. The following may be executed under a certificate, meaning without the notary retaining the official record: visas, vidimuses, powers of attorney, authorizations, declarations of notoriety, certificates of life and other authenticated statements, legalizations, and sureties; however, the requesting party may require the deed to be executed as an official record.

1. The notary must retain the original documents as property of the State of Vaud.

2. They may only relinquish them, along with the attached documents, pursuant to a mandate issued in accordance with the Swiss Code of Criminal Procedure [J].

3. In such a case, before relinquishing them, the notary must produce a copy that will substitute for the original document until its reintegration; a record of this operation is drawn up.

4. These formalities are unnecessary if the notary has been requested by the prosecutor to present the original document themselves for immediate reintegration to the file tab.

1. The notary shall append to the minute all documents produced for the execution of the instrument and shall record on each of these documents the minute number, affixing their seal and legalizing them, with the exception of documents originating from a Swiss public authority. Annexed documents that are not drafted in an official language of the Confederation must be accompanied by a translation certified as accurate by the notary or an interpreter.

2. However, the following documents shall not be appended to the minute

1. general powers of attorney that must be returned to the mandatary, the notary being responsible for making a full or partial copy thereof, which shall remain appended to the instrument;

2. powers of attorney or authorizations intended for use in multiple notarial acts, in which case the first notary requested shall retain the original with the minute and shall be responsible for issuing the necessary certified copies for subsequent acts;

3. civil status documents, certificates of origin, passports, identification documents, special plans, and descriptive statements of real estate;

4. authorizations and administrative documents provided for by regulation [D].

1. The instrument executed by multiple notaries bears the serial number of each of them.

2. The original document is filed with the notary whose patent is the most recent.

3. The notary holding the original document issues a certified true copy.

1. Upon the request of the testator or the unanimous contractors, the notary hands over the original of the will or the inheritance agreement to them for immediate annulment.

2. The notary drafts an authentic report of these operations, obtains the signature of the applicant(s), and incorporates a copy into the records in place of the document which has been relinquished.

3. Another copy of the report is prepared and sent to the department to be annexed to the register of transcriptions of dispositions mortis causa (Art. 79).

1. Wills and testaments deposited with the notary for safekeeping are recorded in an alphabetical register indicating the date of deposit, withdrawal, or submission to the competent authority.

2. Article 31, paragraphs 2 to 4 of the Vaud Code of Private Judicial Law [B] is applicable.

3. When the depositor withdraws the document, this withdrawal is recorded in the register. The justification is provided by the receipt, signed by the depositor, which is attached to the register; if the withdrawal is requested in writing, the request or the postal receipt indicating the dispatch is attached to the register.

1. Notaries ensure that acts mortis causa executed or held by them can be made known to the competent authority upon the opening of the deceased's estate.

2. They specifically proceed to announce the disposition mortis causa to the central registry of wills in compliance with data protection legislation [K].

3. As soon as informed of the death of the deceased, the notary sends the will he has received in deposit or a copy of the minute he has prepared to the competent authority of the probate court and records this sending in the register or directory.

1. The notary maintains two separate registers: one for dispositions mortis causa, and the other for all other acts for which the original document must be preserved.

2. The originals are numbered in sequence, at the top of the margin, in chronological order.

3. The notary closes the register with a statement at the foot of the last original.

4. Each register bears on the back the name of the notary and the indication of the numbers and dates of the first and last original.

1. For each tab of inter vivos acts, the notary shall prepare and maintain two directories indicating the names and surnames of the parties and the numbers of the acts. One of these directories, alphabetical, remains attached to the tab; the other, chronological, additionally indicates the nature of the acts and their date.

2. Within the month following the closure of the tab, the chronological statement is filed with the department.

3. The tab and the register of dispositions due to death are provided with an alphabetical directory, referring to the number of the act.

1. Provisions Mortis Causa must be transcribed literally within one month into a register corresponding to the section provided for in Article 77. The notary certifies the conformity of each transcription with the original.

2. This register, once completed, is closed, sealed, stamped, and deposited at the department.

1. Instruments issued as brevet deeds have a special numbering, in chronological order. The deed bears at the top of the margin: brevet no. ... .

2. The notary maintains a special register for brevet deeds.

3. This register indicates the number and date of the deed, the first names, last names, and domicile of the parties, as well as the nature and purpose of the deed.

1. The expedition is a copy, issued by the notary, of a deed drawn up by him.

2. The right to obtain an expedition is governed by the Vaud Code of Private Judicial Law.

3. The documents annexed to the deed, as well as those referred to therein but annexed to a previous deed, are transcribed in full at the bottom of the expedition. If it is a power of attorney or an authorization given for multiple purposes, the reproduction may be limited to the text relevant to the instrumented deed.

4. The notary certifies that the expedition conforms to the original, signs, and seals it. The number of the minute appears at the head of the expedition or in the margin.

1. The expedition may be delivered in electronic form, provided that the certification of conformity, executed with the notary's electronic signature, is accompanied by an electronic mark or seal approved by the department.

2. The notary's electronic signature used for ministerial activities, as certified by a recognized service provider, must be communicated to the department, along with any changes made to it. In the event of misuse of the electronic key in the exercise of ministerial functions, the notary may be deprived of its use under threat of legal penalties and through disciplinary measures (Art. 102 et seq.).

1. Dispatches must be issued and delivered to the parties or made available to them within fourteen days.

1. The notary maintains an inventory of all the securities, valuable papers, and precious objects entrusted to them for safekeeping.

2. The inventory lists the names of the depositors in alphabetical order, the date of deposit, and the date of restitution.

3. Upon restitution, the notary obtains a receipt.

1. The Council of State may establish additional regulations on the registers and tabs, the preservation of documents, computerized dispatches, and the securities, assets, or wills received in deposit.

1. The documents and items inventoried in accordance with Articles 33 and 37 of the law are deposited in the Cantonal Archives.

2. This deposit is carried out without delay by the substitute notary and within the legal period of twenty years for the successor notary.

3. In the absence of a substitute notary or a successor notary, the prefect conducts the inventory of the minutes, directories, and registers of the former notary. He takes possession of the deposited wills and their directory and invites the testators to come and retrieve their will, without prejudice to the announcement made in accordance with Article 76 of the law.

4. The documents inventoried in accordance with this article are returned to the notary to whom a new patent has been granted.

1. The deeds and registers kept in the Cantonal Archives are accessible to the public fifty years after their execution.

2. During the first fifty years following the execution, the director of the cantonal archives, who is bound by the same professional secrecy as the notary, along with their assistants, decides on the possible issuance of copies or transcripts in accordance with the provisions of the Vaud Judicial Private Law Code [B].

1. Books and accounting records, data supports and correspondence, as well as all documents belonging to the notary that are not required to be inventoried or listed by law, must be retained for ten years by the notary in their main office.

1. The supervision of notaries is ensured by the department; it can be exercised directly or delegated to the Chamber of Notaries or the prefect of the district where the notary's main office is located.

2. The disciplinary authority is the Chamber of Notaries.

3. These authorities may secure the assistance of experts.

1. Supervisory and disciplinary authorities, as well as their auxiliaries, are bound by official secrecy.

2. Recusal of members of these authorities must occur ex officio whenever circumstances are such as to call their impartiality into question.

1. Supervisory and disciplinary authorities, as well as their delegations, may hear witnesses or seize documents as evidence or for preservation purposes; they have recourse to public force if necessary.

2. The notary is obliged to provide the information and documents requested by an authority and to comply with its summons.

3. The provisions of the Swiss Code of Criminal Procedure [J] apply by analogy to third parties required to testify or produce documents.

1. Inspection of the notarial studies is carried out by the prefects of the districts where they are located, in accordance with directives established by the department.

2. The prefects are furthermore available to the supervisory and disciplinary authorities for any measures required by them.

1. The Chamber of Notaries is composed of the head of the department, who serves as its president, the head of the Department of Justice, Interior, and Worship, who acts as its vice-president, five practicing notaries including the president of the Association of Vaud Notaries, as well as two lawyers.

2. The notaries and lawyers are appointed by the Council of State for a term of five years and are eligible for re-election twice.

3. The Council of State appoints two practicing notaries and one lawyer as substitute members.

4. The secretariat of the Chamber is managed by the department, which also handles the dispatch of affairs and the custody of the archives.

1. The Chamber of Notaries shall only deliberate if five members are present.

2. Decisions are made by a majority of the members present and are recorded in minutes. In the event of a tie, the president's vote is decisive.

1. The Chamber of Notaries is the advisory body of the department in notarial matters.

2. An advisory opinion is always sought from it for decisions pertaining to Articles 27, paragraph 1, and 29, numbers 2 and 4 of this law.

1. Prefects report to the department any informalities or irregularities observed during their inspections; the department forwards them to the Chamber of Notaries.

2. The Chamber of Notaries may be entrusted by the department with a specific investigative mission, either to enable the department to make a decision or to bring the Chamber to make a decision within its jurisdiction.

3. The Chamber of Notaries conducts inspections on its own initiative or at the department's request, which may take place without prior notice.

4. The Attorney General automatically communicates to the Chamber of Notaries cases of the initiation of criminal investigations against a practicing notary, as well as decisions terminating the criminal action. Officers responsible for prosecutions and bankruptcies also report the issuance of provisional or definitive certificates of unpaid debts against a notary, and cases of bankruptcy, requests for a stay, or approval of a notary's composition agreement. The Chamber forwards, as applicable, to the department cases that fall within its jurisdiction (Art. 29 and 30).

1. Inquiries or inspections by the Chamber may be delegated to one or more of its members or to experts, who report back to it for a decision.

2. The costs of inquiries or inspections, as well as a fee, shall be charged to the notary who prompted the authority's action; in other cases, they shall be borne by the State; disciplinary proceedings are reserved.

1. The notary who, either intentionally or through negligence, has violated the provisions of this law or its implementing regulations, breached their professional duties or the solemn promise they have made, is subject to disciplinary action without prejudice to any criminal or civil penalties.

1. The disciplinary action is extinguished upon the death or reaching of the age limit by the notary concerned.

2. The disciplinary action is time-barred after five years from the day the offense was committed. The initiation of an investigation against the notary interrupts the prescription. The prescription is also suspended when a criminal or civil action concerns the same facts; the disciplinary investigation may then itself be suspended until the matter is resolved on a civil or criminal level.

3. The disciplinary action is extinguished by the notary's renunciation of their license. However, if the notary subsequently requests a new license, it is only granted upon completion of the interrupted disciplinary investigation and on the condition that the authority has not had to conclude with a dismissal or suspension that would still be in effect.

1. Disciplinary penalties are

- a reprimand;

- a fine not exceeding one hundred thousand francs;

- suspension for a maximum of one year;

- dismissal.

2. Suspension entails the provisional withdrawal of the license, dismissal its definitive withdrawal.

3. Disciplinary penalties may be cumulative.

4. The Chamber may stipulate that in the event of a repeat offense, the fine shall be published, and it shall determine the terms of such publication.

1. When a penalty or disciplinary measure does not appear justified, the Chamber may issue a warning.

2. It may not issue more than two warnings to the same notary.

1. When certain legal or regulatory provisions are not complied with, and placing the notary under supervision by a delegation of the Chamber or an expert appointed by it is likely to remedy this situation, the Chamber or the department may provide for this measure for a limited duration, without the need to rule on the notary's fault, with disciplinary action being suspended during the duration of this measure.

1. Subject to the preceding article, all disciplinary decisions belong to the Chamber of Notaries.

2. The Chamber forwards to the department cases in which a decision within the meaning of Article 30 of this law may be considered.

1. The initiation of a disciplinary investigation is decided, either ex officio or upon complaint, by the Chamber of Notaries or by its president. The notary is informed of such.

2. In the case of a manifestly unfounded complaint, the Chamber may refuse to initiate an investigation. This decision can be appealed.

3. If the investigation was initiated following a complaint, the complainant has, upon request, the rights and obligations of a party if they have suffered harm due to the activity alleged against the notary; the same applies to harmed individuals intervening during the course of the proceedings.

4. The president or a delegation of the Chamber conducts the investigation. If necessary, an expert may be called upon. The parties are heard on each allegation; they may consult the case file and submit written statements.

1. Once the investigation is completed, the Chamber convenes both the parties and the relevant witnesses for a plenary session. The parties may waive their right to attend.

2. The Chamber deliberates and decides in a closed session, requiring a majority vote.

3. If it deems that criminal prosecution is warranted, it refers the matter to the public prosecutor through the appropriate department.

4. A fee ranging from one hundred to five thousand francs, along with the investigation costs, may be imposed wholly or partially on the notary when they are subjected to a penalty, disciplinary measure, or warning. The Chamber may decide to have all or part of these costs covered by the State.

5. All or part of the costs may be charged to the released notary when the disciplinary action is time-barred or if the notary has complicated the investigation or justified its initiation by their wrongful conduct. If the denunciation is abusive, all or part of the costs may be charged to the complainant.

1. Decisions rendered in disciplinary matters may be subject to revision when substantial facts, evidence, or appreciations that the authority was not aware of are invoked. The right to request a revision belongs solely to the notary and, in the event of their death, to their spouse, registered partner, ascendants, or descendants.

2. The request for revision is addressed to the authority that rendered the enforceable decision and which rules on its admissibility; if admitted, a new investigation is ordered without affecting the enforceable nature of the decision subject to revision, unless decided otherwise. The new decision concluding this investigation is notified in writing with its reasons to the applicant.

1. The notary is civilly liable for any damage he illicitly causes in the exercise of his ministerial and professional activities, whether through willful misconduct or negligence.

2. He is released from this liability towards his clients only by establishing that no fault can be attributed to him.

3. The notary is civilly liable for the unlawful acts of his assistants.

4. The notary who becomes aware, while drafting an act, that the parties, or one of them, are committing an unlawful act, is jointly and severally liable for the damage alongside its perpetrators.

1. The statute of limitations for liability claims is ten years from the date they become due; the statute of limitations for a civil action cannot be acquired if the criminal or disciplinary statute of limitations has not been acquired.

2. The notary cannot alter in advance the conditions of their liability.

3. The conditions of this liability are furthermore governed by the Code of Obligations [G], excluding the provisions on the liability of the State, municipalities, and their agents [L].

4. The action is brought before the civil courts of the canton. The Swiss Code of Civil Procedure is applicable on a supplementary basis.

1. To cover any damage caused in the exercise of their ministerial and professional activities, a notary may not be authorized to practice unless they have

- provided proof of having concluded civil liability insurance within the meaning of this law, up to a minimum amount set by regulation [D];

- deposited a guarantee in favor of the State, in accordance with the provisions of this law and its regulations.

1. Mandatory civil liability insurance must cover the ministerial and professional liability of the notary for any claims arising during the tenure of their public office.

2. The notary is obligated to notify the department of any changes regarding their insurance policy.

3. The insurance must also cover claims resulting from gross negligence or willful misconduct; regulation [D] may determine the allowable deductibles.

4. The injured party has a direct right against the insurer for the payment of the compensation stipulated by the contract.

1. The security that the notary is obliged to provide may consist of, under the conditions set by the regulation [D], a bank guarantee with no time limit, a bond provided by an approved surety company, the pledge of a real estate asset as collateral, or a deposit of securities accepted for pupillary investments.

2. The department ensures that the security does not fall below the regulatory minimum. When the security is wholly or partially realized, it must be reconstituted to permit the exercise of the official duties.

1. In the event of a loss, the rights of the notary over the securities or objects serving as collateral transfer to the State. The State enforces, on behalf of the injured parties and at their request, its rights regarding the surety or the banking institution, or alternatively its rights over the assets serving as collateral.

2. This enforcement only occurs for amounts not covered by civil liability insurance.

3. In the event of multiple injured parties, the department conducts an allocation of their claims in accordance with a procedure set forth by regulation [D].

1. The guarantee is only returned ten years after the day the notary ceased to practice as a public officer, for any reason whatsoever.

2. Injured parties claiming rights to the object of this guarantee must notify the department within the two years provided in the preceding paragraph; failing such notification, the guarantee is extinguished.

1. The remuneration of the notary for his ministerial activity is a public law fee set by a tariff established by the Council of State. The fee includes, notably, the fees due for the preparation of the document, its execution, as well as for the formalities subsequent to the execution.

2. This tariff cannot be modified by agreement. The remission of all or part of the fee is prohibited, except in exceptional cases provided for by the tariff, particularly for documents executed for the purpose of achieving an ideal goal.

3. Persons without sufficient resources may be exempted from the payment of any fee under the conditions provided by the tariff.

4. The notary cannot grant allocations or participations to third parties in any form. Any agreement to this effect is null and void.

1. When the instrument does not come to fruition, the notary is entitled to a reduced fee based on the work dedicated to the matter and its stage of progress.

2. When the performance of the ministerial activity was defective or gives rise to a substantiated civil liability claim, the fee is reduced based on the work regularly carried out, failing which, limited to only the disbursements.

3. When two or more notaries contribute to the same instrument, the ministerial fee is due only once.

1. The parties are jointly and severally liable for the payment of the notary's fees and disbursements. However, unless otherwise agreed, and without prejudice to this joint and several liability towards the notary, the costs of deeds shall be borne by

a. the acquirer for the act transferring ownership, with the exception of exchange or partition, where they are due by each party pro rata to their shares and acquisitions;

b. the seller for the auction minutes;

c. the successful bidder for operations relating to the transfer of ownership after auction;

d. the debtor, for any act constituting or modifying a pledge or guarantee;

e. the applicant for any other act.

1. The notary may require the deposit of an advance on their fees and disbursements.

2. Until the payment of the invoice, they have a right of retention only over the assets of their clients which they are authorized to dispose of for the performance of their official duties, or for the obligations related thereto.

1. For their professional operations, the notary charges their fees based on the importance and difficulty of the matter, the time spent, and the result obtained.

2. The [M] tariff in this domain serves only as a customary reference value.

1. The notary is obligated to provide their client with a statement of fees and disbursements. The statement lists separately the schedule of disbursements and fees set according to tariff [M] and the amount of other fees.

1. The notary or their client may submit the statement of fees and disbursements to the Chamber of Notaries.

2. The costs and the regulatory fee of this procedure are borne by the parties according to the principles of the Swiss Code of Civil Procedure; the proceedings are governed by Articles 90 and 91 of this Act.

3. The moderation decision can be appealed to the Cantonal Court within ten days of its communication. The parties to the appeal and the Chamber of Notaries are invited to express their views.

1. The moderation procedure may be suspended until the outcome of a claim for civil liability, or a counterclaim for compensation is known.

2. Decisions made in moderation definitively set, in the same manner as a judgment, the official fees and disbursements; if there has not been a suspension due to a compensation exception, this exception remains reserved.

1. If the avenue of moderation is not sought, civil courts have jurisdiction over the principle and determination of fees and disbursements. The venue for ministerial claims is established at the location of the notary's primary office.

2. The action for payment of the notary's ministerial fees and disbursements is subject to a statute of limitations of five years from the execution of the act.

1. This law applies to all notaries authorized to practice at the time of its coming into force. The department allocates a maximum period within which notaries must comply with the requirements of the new law, particularly regarding liability guarantees.

2. A notary who is 67 years of age or older at the time of this law's entry into force has a period of 3 years to relinquish their license. Upon the expiration of this period, the license is automatically terminated.

3. Enforceable decisions and sanctions at the time of this law's entry into force remain valid; the new law is applicable to pending procedures as soon as it comes into force.

4. Notarial acts executed before the entry into force of this law are considered valid in form if they satisfy either the prescriptions of the old law or the prescriptions of this law.

5. Until the cantonal court provided for by Article 130 of the Constitution of April 14, 2003, [N] takes office, a cantonal judge or an administrative judge presides over the Examination Commission provided for in Article 19 of this law.

6. The prescription periods of this law apply to cases for which the prescription of the old law was not yet acquired at the time of its entry into force.

1. The Notarial Act of December 10, 1956, is repealed upon the entry into force of this Act.

1. The Council of State is responsible for the execution of the present law. It shall publish the text in accordance with Article 84, paragraph 1, letter a of the Cantonal Constitution and shall set, by way of an ordinance, the date of its entry into force.