Implementing Regulation of the Act of 29 June 2004 on the Notariate (RLNo), Annex 1: Chart of Accounts - ASSET (RLNO)

**Current Assets**

- Cash and cash equivalents held short-term in marketable securities

- Cash

- Post Office account

- Study bank accounts

- Short-term deposits

- Short-term marketable securities

- Other short-term assets

- Client bank accounts

- Bank account I, client deposits

- Bank account II, client deposits

- Bank account, client deposits under Article 44, Paragraph 3 LNO

- Receivables from service sales

- Trade receivables

- Allowance for trade receivables

- VAT on goods & services

- VAT on investments & expenses

- Accruals

- Deferred assets

**Fixed Assets**

- Financial fixed assets

- Securities held as fixed assets

- Long-term receivables

- Other financial fixed assets

- Allowance for financial fixed assets

- Movable tangible fixed assets

- Equipment, furniture

- Vehicle

- Information technology

- Local adjustments

- Immovable tangible fixed assets

- Real property, PPE (condominium property)

In the annual balance sheet and interim financial statements, no offsetting is permissible between assets and liabilities. However, regarding "accounts receivable" and "financial fixed assets," the amount of the related provision or value adjustment must be stated immediately thereafter under the asset section.

The asset side of the balance sheet must be presented in order of decreasing liquidity. The liability side of the balance sheet must be presented in order of decreasing maturity.

DEPRECIATION AND VALUE ADJUSTMENTS ON FIXED ASSET ITEMS

Other accounts may be created within each category, depending on the importance and needs of each study.

**Foreign Capital**

**Short-term Foreign Capital (< 12 months)**

Debts arising from the purchase of goods and services

Various Creditors & Suppliers

VAT Payable

Quarterly VAT Settlement

Short-term Interest-bearing Debts

Short-term Bank Debts

Other Short-term Interest-bearing Debts

Other Short-term Debts

Advance Payments Received

Other Short-term Debts

Customer Deposits and Provisions

Customer Deposits

Customer Provisions

Short-term Accrued Liabilities and Provisions

Accrued Liabilities

Provisions for Other Risks

**Long-term Foreign Capital (> 12 months)**

Long-term Interest-bearing Debts

Long-term Bank Debts

Other Long-term Interest-bearing Debts

Other Long-term Debts

Other Long-term Debts

Provisions

Provisions for Warranty Work

Other Long-term Provisions

**Equity Capital**

Private Withdrawals (one or more accounts)

Capital

Profit and Loss Accounts

Fees & Disbursements

Fees & Disbursements (subject to VAT)

Fees & Disbursements (not subject to VAT)

Changes in Work in Progress

Miscellaneous Income

Reversal of Provisions

Deductions on Revenue

Change in Doubtful Debts and Bad Debt Losses

Deductions on Revenues from Service Sales

VAT (if under the net tax debt system)

Other Deductions from Revenue

1. Notarial Fees

Stamps & Seals

Land Registry

Commercial Register

Notaries, Collaboration Acts

1. Personnel Costs & Social Charges

Salaries

Insurance Indemnities (for personnel)

Social Charges (OASI - AA - LPP - etc. for personnel)

Other Personnel Charges

Social Charges Mr….

OASI & Insurances Mr….

Rent & Premises Expenses

Rent

Water & Electricity

Maintenance & Repairs

Overhead Expenses

Insurance (ECA, Liability Insurance, Water Damage, etc.)

Monopoly Tax

Electronic Archiving

Office & IT Expenses

Telephone Expenses, Postal Account Taxes & Postage (or multiple accounts)

Documentation, Seminars & Continuing Education

Subscriptions, Memberships, Donations

Representation Expenses

Vehicle Expenses

Miscellaneous Overhead Expenses

Local Rents

Insurance Indemnities (Notary)

Depreciation (one or more accounts)

Financial Charges

Interest Charges

Other Financial Charges

Capital Income

Interest on Available Funds

Other Financial Income

1. The fee owed to the State pursuant to Law [A] or this regulation is from 100 to 2,000 francs.

1. Several notaries with their principal office in different locations may associate. However, the number of different locations where notaries have their principal office cannot exceed four within the same association.

2. Any new association of notaries must be announced to the department and published in the Official Gazette.

1. The department authorizes the establishment of a secondary office upon request from the notary.

2. The practice of notarial services at the location where one of the associates has their main office is not considered a secondary office.

3. The number of secondary offices is limited to two per main office; in the case of an association of notaries in one or more locations, this number is limited to three.

4. The premises of the secondary office are exclusively dedicated to notarial activities. They must not give the appearance of an association prohibited by law [A].

5. The notary may maintain a permanent technical infrastructure.

6. The secondary office may include multiple workstations representing a maximum of two full-time equivalents.

7. The notary must conduct their activities regularly at their secondary office.

8. The fee charged by the department for the opening of a secondary office is set at 250 francs.

9. The prefect of the location of the secondary office monitors compliance with the conditions set for the opening of a secondary office. He informs the department of any irregularities he observes.

1. The candidate for entry into an internship must personally submit the following documents to the department

- a recent individual civil status certificate and an identity document;

- an extract from the criminal record;

- a certificate from the adult protection authority stating that they are not subject to an adult protection measure;

- a certificate of good conduct;

- an extract from the debt enforcement register of their domicile;

- a declaration from a notary authorized to train interns certifying their entry into the internship;

- a law degree ("master's") issued by a Swiss university;

- a certificate demonstrating that the candidate has completed training in the subjects provided for in Article 6 of these regulations;

- a certificate establishing that they have defended or obtained authorization to defend a thesis at a law faculty of a Swiss university, or that they have exercised a legal activity approved by the department for two years within the five years preceding entry into the internship.

2. The department verifies that the candidate fulfills the conditions set by law [A] and the regulations. It issues an internship entry certificate.

1. Legal activities listed by the department allow entry into the internship.

2. The department may approve an activity not listed upon request by a candidate at the time of submitting the application for entry into the internship or prior to it. The department informs the Vaud Notaries Association.

3. An approved legal activity will only be considered if it is performed at least part-time. If the activity is not performed full-time, it will be accounted for on a pro-rata basis to meet the minimum duration of two years required by Article 21 of the Act [A]. The entirety of the activity must, in all cases, have been performed within the five years preceding entry into the internship.

1. The internship candidate must hold both a Bachelor's degree (baccalauréat universitaire) in Swiss law and a Master's degree (maîtrise universitaire) in Swiss law.

2. The Bachelor's degree in Swiss law must cover the following subjects

- law of persons and family law (at least 84 hours of instruction per year);

- law of succession (at least 42 hours);

- commercial law (at least 84 hours);

- real property law (at least 42 hours);

- general administrative law (at least 84 hours);

- tax law (at least 56 hours);

- private international law (at least 56 hours);

- accounting (at least 28 hours).

3. The Master's degree in Swiss law must cover all disciplines included in the Master of Law program with a specialization in private law and patrimonial tax law, from the Faculty of Law, Criminal Justice and Public Administration of the University of Lausanne.

4. The candidate must provide proof to the department of having successfully completed university examinations in all of these subjects.

5. The department shall request the opinion of the Faculty of Law, Criminal Justice and Public Administration of the University of Lausanne when the candidate has not completed examinations in all the disciplines included in the Master of Law with a specialization in private law and patrimonial tax law.

1. When one of the disciplines indicated in the previous article is lacking, entry into the internship is subject to passing an additional examination in that discipline.

2. At the request of a candidate for entry into the internship, the department may establish a supplementary training program. To this end, it seeks the advice of the Faculty of Law at the University of Lausanne.

1. The internship is conducted on a full-time basis.

1. Notaries appointed by the Council of State to serve on the examination commission must have held a license for at least five years.

1. The professional examination following the traineeship covers the following branches

- Written tests

- drafting of four instruments;

- consultation on a practical case in civil or commercial law;

- problems of an accounting and financial nature relating to the practice of a notary.

2. The subjects for these six written tests are determined by the examination board and communicated to the candidates at the beginning of each test.

- Oral tests

- practice of a notary;

- general duties of a notary.

1. The chairman of the commission shall announce, by notice in the Official Gazette, at least three months in advance, the day on which the examinations will begin. He shall set the registration deadline.

1bis. The candidate has a period of five years from the end of their traineeship to sit the examinations. Any second and third attempts must be undertaken within this period. Where particular circumstances justify it, and upon a reasoned request, the department may grant an extension of this period.

2. Each candidate must submit the following documents to the department before the registration deadline

- a certificate of commencement of traineeship;

- a certificate from their traineeship supervisor(s) regarding the duration of the traineeship, the legal duration of which must be met no later than the end of the month during which the registration deadline expires;

- a certificate confirming that they have attended the practical and theoretical courses organised by the Vaudois Notaries' Association (Art. 22, para. 3 LNo [A]).

3. The candidate must pay the examination fee, set at 1,500 francs. Non-payment of the examination fee within the prescribed period shall be deemed a withdrawal of registration.

4. The department shall rule on the validity of applications and transmit to the examination commission those that meet the conditions set by law and regulation.

5. Except in cases of *force majeure*, the examination fee shall not be refunded in the event of withdrawal of an accepted application, nor if the candidate fails to appear for the examinations.

1. The examination committee establishes, prior to each examination session, the list of candidates, the average necessary for passing the exams, as well as the materials available to the candidates.

1bis. The department assigns candidates an anonymous identification prior to the written tests, which is the only identifier used until the end of these tests.

2. The written tests take place in camera under the supervision of one or more members of the committee. The committee determines the time allotted for each test.

3. Candidates are admitted to the oral tests only if they have achieved the average set by the committee for the written tests. The oral tests are conducted in the presence of two members of the committee, at least one of whom is a notary.

1. The commission deliberates in full at least twice, namely at the conclusion of the written exams and at the conclusion of the oral exams.

2. It evaluates each exam and assigns a grade. It determines whether the required average is achieved.

1. The commission notifies each candidate of the decision of success or failure in the professional examinations at the end of the session. The decision includes the assessment of each test for each candidate; it indicates the avenue for appeal.

2. The success of each examination is notified to the department for the possible issuance of a license.

1. The members of the examination commission are remunerated in accordance with the order on commissions [B].

1. The fee for issuing the license is set at 1,000 francs. It is fully payable for any new license.

1. The application for a patent is addressed to the department, accompanied by the following documents

1. the certificate of capacity for the exercise of the notarial profession;

2. a certificate of civil liability insurance concluded in application of Article 109 of Law [A] and Articles 39 to 41 of the present regulations;

3. the guarantee provided for in Article 109 of the Law and Article 43 of the present regulations;

4. a curriculum vitae;

5. an indication of the place where the notary intends to open their main office.

2. The department verifies that the applicant fulfills all conditions and pays the emolument. It transmits the application to the Council of State with its opinion.

3. The Council of State makes a decision; the granting of the patent is published in the Official Gazette.

1. To obtain an electronic seal, the notary must demonstrate to the department that they have a qualified electronic signature as defined by the Federal Law of December 19, 2003, on electronic signatures [C]. Any change to this qualified signature must be communicated to the department.

2. The electronic seal is created by the department based on a template that features, on one hand, a graphic indication reminiscent of the State seal, and on the other hand, the first name, last name, and place of the patent of the notary holder.

3. The department issues the seal to the notary who requests it and demonstrates possession of a qualified electronic signature, provided they commit to linking the use of the seal to a security key that only they possess, in addition to their electronic signature.

**1. The substitute notary is generally chosen from among the notaries who have their main office in the same district. The department seeks the opinion of the prefect of the district where the main office of the substituted notary is located; the prefect consults with the substituted notary or their relatives.**

**2. The appointment of the substitute notary is communicated to the prefect, who announces it to the substituted notary or their relatives and to the substitute notary. The prefect personally oversees the implementation of the substitute notary.**

1. The department reviews the report submitted by the substitute notary upon the completion of their assignment.

2. If it finds that the substitute notary has fulfilled their duties in accordance with law [A], it releases them from their assignment. This decision is published in the Official Gazette.

1. In the event of renunciation of the commission or when reaching the age limit, the notary informs the department of the designation of their successor.

2. In the event of death, the successor notary informs the department of their designation in an act of mortis causa.

3. The department questions the successor notary to ascertain if they accept the position.

4. If nothing opposes it, the department ratifies the designation of the successor notary. It publishes this decision in the Official Gazette.

1. Immediately after the publication of the designation of the successor notary, the predecessor shall hand over their minutes, directories, and statutory registers, along with all documents, accounts, securities, deposited funds, and information necessary for the continuation of ongoing cases.

2. The predecessor shall also hand over all their archives, including electronic ones, as well as the securities and acts concerning death deposited with them, and their directory.

3. If deemed necessary for the exercise of their mission, the successor notary may also require the predecessor to provide documents and information related to their professional activity.

4. In the event of the predecessor's refusal to transmit all or part of the documents and information mentioned in paragraphs 1 to 3 above, the successor notary may request the department to intervene with the prefect. The procedure provided for in Article 33, paragraphs 1 and 2 of Law [A] shall then apply.

5. In the event of the predecessor's death, paragraphs 1 to 4 apply to their heirs.

1. Regardless of its coverage, a bank credit is not considered as liquidity within the meaning of Article 44, first paragraph, of Law [A].

1. The accounting records must include cash books, postal check and bank registers, as well as a ledger for each client creditor (deposit or provision), which must be kept in a detailed and up-to-date manner each week. Under the same conditions, accounting operations may also be recorded directly in the general accounting.

2. Notaries are required to maintain general accounting using double-entry bookkeeping, in which each transaction must be recorded no later than the first 20 days of the following month.

1. A dated and signed balance sheet and profit and loss account must be prepared each year, no later than three months following the end of a fiscal year. Upon a substantiated request, this period may be extended by the department.

2. When circumstances seem to warrant increased oversight, the department may require monthly or quarterly statements.

1. Notaries are required to comply with the accounting plan attached to this regulation.

1. The notary must separate their professional accounting from their private accounts.

1. The Association of Vaud Notaries informs the department of continuing education programs that it offers to its members.

2. The department may require each notary to undertake a minimum amount of continuing education within the framework established by the profession. Notaries thus required must provide evidence of such participation, if necessary under pre-established conditions, under penalty of disciplinary action.

3. After consulting with the Association of Vaud Notaries, the department may authorize the recognition of specializations subject to long-term continuing education. The notary must have successfully undergone a previously approved examination mechanism.

1. The specification of the domicile of the parties to the act must be sufficiently precise so that postal communications that may be addressed to them reach their destination.

2. For representatives, only the indication of the locality of domicile is mandatory.

1. The minutes include a header that contains the act number, its date, the name of the parties, the number of copies issued and their recipient, as well as the date of the act's presentation in a public register and the date of the tax designation.

2. Electronic copies are indicated as such.

1. Minutes are printed on special watermarked A4 paper provided by the department. They may be completed and corrected by hand with references or apostilles.

2. The permanence of the text must be ensured.

1. Other official documents allowing legalization by signature comparison within the meaning of Article 64 LNo [A] are

a. Swiss or foreign passports or identity cards, or residence permits issued by a Swiss authority;

b. Swiss driving licenses;

c. printed or electronic lists of authorized signatures from banking institutions or other institutions recognized by the department;

d. any other document whose official character is recognized by the department.

1. It is not necessary to annex to the act the authorizations and administrative documents that are produced in support of the execution of the act in a public register.

1. Visas for a specific date are recorded with legalizations in a single register, under a unique series of numbers.

2. The directories of acts in patent form, the register of legalizations, as well as the inventories of deposited titles, can also be kept in computerized form under the conditions stipulated by the department.

1. The files, documents, and objects kept by the notary, as referred to in Articles 33, 37, and 84 of Law [A], before their return or deposit into archives, must be kept in the notary’s office, or in a secure location where the notary alone controls the access and exit.

2. The notary ensures that they are protected from any risk of destruction.

3. The department may mandate that the minutes of acts inter vivos or causa mortis be additionally subject to another archiving method under conditions it sets. This archiving must be carried out in a manner that prevents any subsequent modification of the archived documents. It may be performed in a centralized form.

1. The issuance delivered in electronic form is carried out in the form of a computerized document using an application recognized as not allowing subsequent modification.

2. The authentication by the notary of its compliance with the original, the date of issuance, the qualified signature, and the electronic seal of the notary must be incorporated therein.

1. Unless the depositor has stipulated otherwise or issues a notarized power of attorney, the return of a deposited will (Art. 75 LNo [A]) can only occur upon receipt in the hands of the depositor himself, or his duly legitimized successor for the entrusted values. When the disposer withdraws a will (Art. 75 LNo) or revokes, by removing, an act upon death (Art. 74 LNo), the announcements made in the central registry of wills are withdrawn (Art. 76 LNo) unless otherwise indicated by the disposer.

1. The prefect informs the notary of the date and time of the inspection at least ten days in advance. The notary must personally attend. In case of illness or significant impediment, the notary may request the postponement of the inspection.

2. Concerning secondary offices, the prefect of the district where the secondary office is located may conduct inspections solely regarding the conditions set for the operation of such an office.

1. The Chamber of Notaries shall convene on the initiative of its president, its vice-president, or at the request of three of its members.

2. As a rule, it deliberates in private. Except in disciplinary matters, the Chamber may make its decisions by circulation.

1. The President or a delegation of the Chamber investigates the facts that are the subject of a moderation request.

2. The Chamber carries out the moderation. It may delegate its authority to a committee composed of at least two of its members. It may impose a fee of 50 to 500 francs on the notary or their client, as well as all or part of the expenses incurred by the moderation.

1. Lawyers who are members of the Chamber of Notaries are remunerated according to the decree on commissions [B].

2. The Association of Vaud Notaries remunerates notaries who are members of the Chamber of Notaries.

3. For their investigative activities, members of the Chamber of Notaries are remunerated according to the tariff applicable to members of the Chamber of Lawyers.

1. To cover civil liability arising from their ministerial and professional activities, a notary is required to obtain civil liability insurance of at least 5,000,000 francs.

1. The deductible shall not exceed the amount of 10,000 francs, except as provided in the general insurance conditions for material damages (destruction, damage, loss of items).

1. Any modification to the civil liability insurance coverage must be communicated without delay to the department.

1. To cover the damage caused in the exercise of his ministerial and professional activities, the notary provides the department with a guarantee of 20,000 francs.

2. The department assesses the value of the guarantee offered by the notary. Its decision is final and without appeal.

3. When the guarantee is provided in the form of a real estate pledge, the value of the pledge is subject to the assessment of an expert appointed by the department.

1. The rights of the notary on the securities or objects of the guarantee pass to the State if the notary's liability for damage, as defined in Article 107 of Law [A], is established by a judgment that has entered into force or by acknowledgment from the notary.

2. Upon request of an aggrieved party, the department questions the notary to determine to what extent their civil liability insurance has intervened to cover the damage.

3. If the amount of the damage is not fully covered by the civil liability insurance, the department forwards the file to the bankruptcy office where the notary had their practice, so that it may proceed with the enforcement of the guarantee.

4. The office enforces the real securities and undertakes the recovery of personal securities in the name of the State and on behalf of the aggrieved parties.

5. The office issues a public call to creditors by publishing in the Official Notices Gazette. It grants them a period of sixty days to submit their claims and produce their titles.

6. Upon the expiration of this period, it rules on the interventions and prepares a schedule of distribution. Public notice is given of the filing of this schedule. Additionally, the office individually notifies creditors whose claims are dismissed or reduced.

1. If creditors come forward after the sixty-day period provided in the previous article, but within the legal time limit, the distribution list is adjusted as much as possible, subject to the intervening party advancing the futile costs. Interventions are inadmissible after the expiration of the legal deadline.

2. Public notice is given of the filing of the adjusted distribution list.

1. A creditor who disputes the schedule of distributions because their claim has been wholly or partially excluded, or because they contest the claim of another creditor, must initiate legal action within twenty days following the filing of the schedule of distributions.

2. If they contest the allocation of their own claim, they initiate action against the State. If they contest another creditor's claim, they initiate action against the concerned creditor. In the latter case, they receive preferential payment from the portion of the displaced creditor if the action is successful.

1. The action challenging the schedule of distribution is brought before the competent authority according to the disputed value at the location where the notary had their office.

2. The proceeding is conducted in an expedited form.

3. The disputed value is determined based on the probable dividend related to the disputed claim.

1. The initiation of an action contesting the collocation action suspends the proceedings until a decision is made.

2. Once the order of collocation has become final, the office distributes the dividend.

1. Decisions of the office can be contested by way of a complaint within a period of ten days. The provisions of the law applicable in the Canton of Vaud for the enforcement of the Federal Act on Debt Collection and Bankruptcy [D] apply by analogy.

1. The office deducts the costs incurred by the State for the application of the preceding provisions from the proceeds of the realization of the guarantee before any distribution to the creditors.

1. Notaries who hold authorization to have a consultation office under Article 33 of the Notaries Act of December 10, 1956 [E] may continue its use and request its conversion into a secondary office under the conditions set by the regulation within a period of one year.

2. The trainee who meets the registration requirements for the professional examination set by the Notaries Act of December 10, 1956, at the time of the new law's entry into force, is authorized to register for the professional examinations.

3. The internship that was validly commenced under the Notaries Act of December 10, 1956, is governed by the Act of June 29, 2004 [A] from the moment it comes into force.

4. The candidate for the internship may rely on a legal activity approved under Article 6 that was exercised wholly or partially before the entry into force of this regulation.

5. The amendment of Article 6 of May 21, 2008, does not apply to persons who obtained their law degree before July 1, 2010, and who commenced their notary internship before July 1, 2013.

6. Notaries have a period of one year to comply with Article 29. During this period, they may use the paper specified by Article 12 of the regulation of December 28, 1979, implementing the Notaries Act of December 10, 1956.

7. Article 10 paragraph 1bis does not apply to candidates who have already begun their internship on the date of its entry into force.

1. The regulation of December 28, 1979, implementing the law of December 10, 1956, on notaries is repealed.

1. The Department of Institutions and External Relations is responsible for the implementation of this regulation, which comes into effect on January 1, 2005.