Regulations establishing the tariff of fees and expenses of notaries

1. This regulation governs the schedule of fees and expenses of the notary for his official duties and for his professional activities related to those official duties.

2. Any other activity of the notary shall be compensated in accordance with the provisions of private law and must be subject to a separate billing; disputes in this regard shall be decided by the civil judge.

1. If a document is drafted but not notarized, the notary is entitled to one third of the proportional or fixed fee, as well as, if applicable, the legally stipulated hourly fee.

2. Reserved is Article 3 of this regulation.

1. The notary who has prepared a document and involves another notary for the notarization is entitled to half of the standard fee.

2. In this case, the notarizing notary is entitled to half of the standard fee.

1. For documents containing multiple legal transactions, each individual transaction entitles the collection of a separate fee, unless otherwise provided in the present tariff.

1. If the same notary certifies recurring mortgage rights concerning the same party or parties, the proportional fee shall be calculated on a flat-rate basis according to the sum of the reference values.

1. For documents that do not require public notarization but for which the parties wish to use this form, the fee is determined according to Article 51 of the Notarial Act; the provisions of this regulation may be applied analogously.

1. For notarial acts that are not provided for in the present regulations, the fee is calculated based on the document to which the greatest analogy exists.

1. Subject to contrary provisions in the present regulation, the proportional and fixed fee compensates all activities of the notary in connection with the notarization process; it includes

a) the opening and management of the file;

b) applications for extracts, confirmations, declarations, certificates, personal details, visas, amendments, obtaining waiver declarations, except when these legal transactions require a special action;

c) the preparation of a first draft of the document;

d) the drafting of the document;

e) the notarization process;

f) the registration in the register;

g) the safekeeping of the original as well as the certified copies of the documents delivered in the original;

h) informing the parties during notarization in the sense of Article 38 of the Notary Act;

i) the delivery of the signed copy for the land registry office or commercial register office, including the attached documents;

j) applications for registration, entry, and amendments;

k) the delivery of the first copy to the contracting parties;

l) the preparation of the fee invoice.

2. Subject to

a) Article 46 paragraph 2 of the Notary Act for non-official activities;

b) Article 49 of the Notary Act for the imposition of an hourly fee for measures, actions, and formalities, which are exceptionally necessary for the certification of a complex document;

c) Article 16 letters a, f number 3, and i numbers 8, 9, and 10 of the present tariff.

1. A total or partial waiver of the fee may be granted upon a justified request from the notary

a) for a debtor pursuing an ideal purpose in the public interest or a charitable purpose;

b) for any other reason in the public interest.

1. The VAT-liable notary charges this tax in addition to the fees provided for in this regulation.

1. The proportionate fee is due for public deeds for the following notarial activities

a) Personal Law: Establishment of a foundation (Art. 81 para. 1, 87 para. 1, 89bis para. 1 of the Swiss Civil Code);

b) Family Law - Registered Partnership

1. Public inventory of the assets of the spouses (Art. 195a para. 1 Swiss Civil Code),

2. Public inventory of the assets of the partners (Art. 20 para. 1 Registered Partnership Act),

3. Establishment of a community of property (Art. 337 Swiss Civil Code);

c) Property Law

1. Transfer of real estate ownership and limited real rights (Art. 657 para. 1 Swiss Civil Code), letter d numbers 1 to 6 reserved,

2. Establishment of condominium ownership (Art. 712d para. 3 Swiss Civil Code),

3. Establishment of easements (Art. 731 Swiss Civil Code), usufructs on real estate (Art. 746 para. 2 Swiss Civil Code), residential rights (Art. 776 para. 3 Swiss Civil Code), building rights and independent and permanent rights (Art. 779, 779a Swiss Civil Code),

4. Inventory of the objects of usufruct (Art. 763 Swiss Civil Code),

5. Agreement on the modalities upon expiration of a building right already entered in the land register (Art. 779e Swiss Civil Code),

6. Extension of the duration of the independent and permanent building right (Art. 779l para. 2 Swiss Civil Code),

7. Establishment of a real burden (Art. 783 para. 3 Swiss Civil Code),

8. Establishment of a mortgage (Art. 793 ff. Swiss Civil Code);

d) Contract Law

1. Purchase contracts involving real property (Art. 216 para. 1 Swiss Code of Obligations),

2. Preliminary contracts and agreements establishing a pre-emption, purchase, or repurchase right (Art. 216 para. 2 Swiss Code of Obligations), subject to Article 16 letter d number 4 of this regulation,

3. Assignment of pre-emption, purchase, and repurchase rights (Art. 216b para. 2 Swiss Code of Obligations),

4. Exchange contract of real properties (Art. 237 Swiss Code of Obligations),

5. Gifts and promises of gifts involving real property or real rights thereto (Art. 242, 243 para. 2 Swiss Code of Obligations),

6. Gifts, the enforceability of which is contingent upon the death of the donor (Art. 245 para. 2 Swiss Code of Obligations),

7. Suretyship document (Art. 493 para. 2 Swiss Code of Obligations),

8. Surety promise (Art. 493 para. 6 Swiss Code of Obligations),

9. Annuity agreement (Art. 522 para. 1 Swiss Code of Obligations);

e) Corporate Law

1. Foundation deed of a corporation (Art. 629 Swiss Code of Obligations),

2. Board of Directors' resolution protocol, including amendment of the articles of association, particularly in the case of subsequent contribution for shares not fully paid up (Art. 634a Swiss Code of Obligations; Art. 83 para. 1 let. a Commercial Register Ordinance), ordinary and authorized capital increase (Art. 652g Swiss Code of Obligations; Art. 80 para. 1 let. b, 81b Commercial Register Ordinance), and conditional capital increase (Art. 653g Swiss Code of Obligations; Art. 82a, 82b Commercial Register Ordinance),

3. Foundation deed of a limited partnership with shares (Art. 764 para. 2 Swiss Code of Obligations),

4. Foundation deed of a limited liability company (Art. 777 Swiss Code of Obligations),

5. Assignment of a share in the company and the obligation to assign established under old law,

6. Transfer agreement concerning real properties in connection with mergers (Art. 70 para. 2 Merger Act),

7. Merger contract in family and ecclesiastical foundations (Art. 79 para. 3 Merger Act);

f) Final Provisions under the Swiss Code of Obligations: Water concession contracts in the form of independent and permanent rights registered in the land register (Art. 56; 59 Water Rights Act).

1. The reference value is considered to be the price, the capital, or if there is no value determination, the cadastral value.

2. For the following legal transactions, the reference value is determined as follows

a) Inventory: Value of the inventory;

b) Establishment of condominium ownership

1. the cadastral value of the property, provided the building has already been appraised,

2. if there is no appraisal, the cadastral value of the property plus the building costs applies;

c) Dissolution of joint ownership: the cadastral value of all co-ownership shares, plus any compensation payments;

d) Document with periodic payments: the capitalized amount according to the relevant tables;

e) Public auction: the total proceeds of the auctioned properties as well as the cadastral value of the non-auctioned properties;

f) Conversion or replacement of existing mortgage rights: half of the ordinary fee, provided the same notary issued the original document;

g) Supplementary document to an existing mortgage contract: the cadastral value of the new collateral, but at most the value of the original collateral.

3. The fee is determined based on the gross values without deducting existing debts.

**1. Subject to Paragraph 2, the proportional fee is calculated as follows:**

a) up to 5,000 francs 200 francs

b) and in addition from 5,000 francs to 200,000 francs 5‰

c) from 200,000 francs to 500,000 francs 4‰

d) from 500,000 francs to 1,000,000 francs 3‰

e) from 1,000,000 francs to 10,000,000 francs 2‰

f) over 10,000,000 francs 1‰

**2. The proportional fee for the establishment of mortgage rights is calculated according to the following table:**

a) up to 10,000 francs 200 francs

b) from 10,001 francs to 100,000 francs an additional 5‰

c) from 100,001 francs to 200,000 francs an additional 4‰

d) from 200,001 francs to 500,000 francs an additional 3‰

e) from 500,001 francs to 1,000,000 francs an additional 2‰

f) over 1,000,000 francs an additional 1‰

**3. Article 14 of the present regulation remains reserved.**

1. If a purchase promise or a purchase right has been concluded, the fee for the purchase agreement is reduced by half, provided the same notary prepares both documents.

2. If a statutory lien is established in a purchase agreement, the notary charges a proportional fee for the purchase agreement and a fee of 1‰ for the amount secured by the lien.

3. For the surety and the suretyship promise, the fee is

a) up to 10,000 francs: 200 francs

b) beyond that: 2‰, the fee shall not exceed 1,000 francs.

1. If no specific or determinable value is ascertainable, a fee between 200 francs and 3,000 francs shall be charged.

1. The fixed fee is owed for the following actions

a) Personal Law: Drafting statutes and regulations for foundations and companies: from 200 Swiss Francs to 1,000 Swiss Francs

b) Family Law - Registered Partnership

1. Marriage contract and marital property agreement (Art. 184, 187, 191 para. 2, 199, 216, 217, 219, 223 para. 1, 224, 225 para. 1, 241, 242 of the Swiss Civil Code): from 200 Swiss Francs to 2,000 Swiss Francs

2. Property agreement of the registered partnership (Art. 25 Registered Partnership Act): from 200 Swiss Francs to 2,000 Swiss Francs

c) Inheritance Law

1. Public will (Art. 499 et seq. of the Swiss Civil Code): from 200 Swiss Francs to 3,000 Swiss Francs

2. Inheritance contract (Art. 512 of the Swiss Civil Code): from 200 Swiss Francs to 3,000 Swiss Francs

3. Certificate of deposit of a handwritten will: from 100 Swiss Francs to 400 Swiss Francs

4. Complete or partial revocation of a will in public document form (Art. 509 of the Swiss Civil Code): from 100 Swiss Francs to 400 Swiss Francs

5. Public confirmation of the revocation of a publicly certified will (Art. 510 para. 1 of the Swiss Civil Code): from 100 Swiss Francs to 200 Swiss Francs

6. Revocation and annulment of an inheritance contract (Art. 513 para. 3 of the Swiss Civil Code): from 100 Swiss Francs to 200 Swiss Francs

7. Certification of succession: from 35 Swiss Francs to 350 Swiss Francs

d) Property Law

1. Agreement on the exclusion of the dissolution of co-ownership (Art. 650 para. 2 of the Swiss Civil Code): from 100 Swiss Francs to 400 Swiss Francs

2. Abolition or modification of statutory ownership restrictions under private law (Art. 680 para. 2 of the Swiss Civil Code): from 100 Swiss Francs to 400 Swiss Francs

3. Exclusion or modification of statutory pre-emption rights (Art. 681b para. 1 of the Swiss Civil Code): from 100 Swiss Francs to 400 Swiss Francs

4. Establishment of a pre-emption right in the same document or in a separate document created in connection with it within the same notarization process: from 100 Swiss Francs to 400 Swiss Francs

5. Notification to the pre-emptive right holder in the case of pre-emption: 100 Swiss Francs

6. and for each notification from the second onwards: 8 Swiss Francs

e) Contract Law

1. Public notarization replacing the signature (Art. 15 Swiss Code of Obligations): from 100 Swiss Francs to 200 Swiss Francs

2. Determination of the nullifying of the promissory note and the settlement of the debt (Art. 90 Swiss Code of Obligations): from 100 Swiss Francs to 400 Swiss Francs

f) Company Law

1. Minutes of companies after their establishment and amendment of statutes (especially Articles 647, 650, 651a, 653i, 734, 736 No. 2, 751, 764 para. 2, 764a para. 2, 780, 781, 782, 788, 821 para. 2, 874 para. 2 Swiss Code of Obligations): from 200 Swiss Francs to 1,200 Swiss Francs

2. Decisions of the competent bodies based on the Merger Act, in particular the merger decision (Art. 20 para. 1 Merger Act), the decision of division (Art. 44 Merger Act), the transformation decision (Art. 65 Merger Act) and the decision to transfer ownership (Art. 104 para. 3 Merger Act): from 200 Swiss Francs to 1,200 Swiss Francs, in addition to the fee

3. Drafting of statutes: from 200 Swiss Francs to 1,000 Swiss Francs

g) Exchange Law

1. Declaration of invalidity of name papers (Art. 977 para. 2 Swiss Code of Obligations): from 100 Swiss Francs to 400 Swiss Francs

2. Filing of protest (Art. 1034 para. 1, 1035 et seq., 1098, 1128 No. 1 Swiss Code of Obligations): from 100 Swiss Francs to 400 Swiss Francs

3. Decisions of the assembly of creditors in the case of bond loans (Art. 1169 Swiss Code of Obligations and 6 of the Ordinance on the Community of Creditors in the Case of Bond Loans of December 9, 1949): from 200 Swiss Francs to 1,200 Swiss Francs

h) Agricultural Land Law

1. Agreement between spouses regarding the allocation of the home to the surviving spouse (Art. 11 para. 3 Federal Act on Rural Land Rights): from 100 Swiss Francs to 300 Swiss Francs

2. Agreements regarding allocation claims (Art. 39 Federal Act on Rural Land Rights): from 100 Swiss Francs to 400 Swiss Francs

3. Lessee's waiver of the statutory pre-emption right (Art. 48 para. 1 Federal Act on Rural Land Rights): from 100 Swiss Francs to 400 Swiss Francs

i) Other Notarial Activities

1. Deposit agreement: from 50 Swiss Francs to 300 Swiss Francs

2. Notarial certificate, affidavit: from 50 Swiss Francs to 400 Swiss Francs

3. Declaration of deletion: from 20 Swiss Francs to 100 Swiss Francs

4. Document confirmation: from 20 Swiss Francs to 100 Swiss Francs

5. Certification of copies indicating the type of document: 3 Swiss Francs per page

6. Confirmation of a date/a fact: from 50 Swiss Francs to 400 Swiss Francs

7. Determinations related to real estate: from 50 Swiss Francs to 400 Swiss Francs

8. Applications for approval, ratification, and homologation towards municipalities, districts, the state and their commissions, departments, and offices in a justified form: from 30 Swiss Francs to 500 Swiss Francs

9. Management of trust accounts

9a. up to 50,000 Swiss Francs: 100 Swiss Francs

9b. from 50,000 Swiss Francs to 100,000 Swiss Francs: 150 Swiss Francs

9c. for each additional amount of 10,000 Swiss Francs, an additional fee of 5 Swiss Francs up to a maximum amount of 750 Swiss Francs

10. Various forms, including, but not limited to, statements of honor, lists of agricultural lands, declarations I and II for companies, questionnaires AGBB: from 10 Swiss Francs to 150 Swiss Francs

11. Certification of signature (namely Art. 148 para. 3, 150 para. 1 No. 3, 173 para. 1 Civil Status Ordinance; Art. 14 para. 3, 556 para. 1 and 2, 597, 640 para. 2, 720, 780 para. 2, 815, 901 Swiss Code of Obligations, Art. 23 para. 2 Commercial Register Ordinance): 30 Swiss Francs

11a. if multiple signatures are certified simultaneously on the same document, the fee for each additional signature is: 7 Swiss Francs

12. Public notarized power of attorney: from 40 Swiss Francs to 400 Swiss Francs

13. Simple written power of attorney: from 15 Swiss Francs to 150 Swiss Francs

14. Separately issued receipt: from 40 Swiss Francs to 400 Swiss Francs

15. * direct enforcement document (Art. 347 Swiss Code of Civil Procedure): from 200 Swiss Francs to 1,000 Swiss Francs

16. * Delivery of a document under Article 350 Swiss Code of Civil Procedure: from 100 Swiss Francs to 400 Swiss Francs

1. The fee between a minimum and a maximum is calculated based on the importance, the complexity, the responsibility of the notary, and the situation of the fee debtor.

1. The hourly fee according to Article 46, paragraph 1, letter b of the Notaries Act is 250 francs.

2. This fee is indexed according to the national consumer price index (index base: 01.01.2009), whenever a change justifies an adjustment of 10 francs.

1. The disbursements are the notary's own costs that are directly related to the notarization procedure, such as the costs for copies, postage, and travel allowances.

2. The disbursements are owed in addition to the fees: Subject to the following provisions, they are billed according to their actual amount.

3. Obviously superfluous disbursements are not to be compensated.

4. General office costs (salaries, rents, subscriptions, office equipment, etc.) may not be considered as disbursements.

1. Copies will be billed at one franc per page.

1. If notarization is necessary outside of the office, the notary is entitled to a travel allowance of 2 francs per kilometer. This allowance is granted for one-way travel only.

1. For a written translation, the notary is entitled to a compensation of 3 francs per line or reimbursement of their costs.

1. The notary enters the received fee into the appropriate register.

1. Article 99 of the Ordinance concerning the Administration of the Cantonal Land Registry Office of April 17, 1920, is amended.

2. The following provisions are repealed by the present regulation

a) the Fee Schedule for Notaries of December 01, 1982;

b) the Regulation concerning Fees and Expenses for Notaries of November 09, 2005;

c) all other conflicting provisions.

1. This Regulation shall be published in the Official Gazette and shall enter into force on January 1, 2009. It shall apply to all notarial acts performed after January 1, 2009.

2. All notarial acts up to December 31, 2008, shall be governed by the Regulation concerning the schedule of fees and expenses for notaries dated November 9, 2005.