Ordinance on the Acquisition of the Certificate of Eligibility for Election for Notaries (NotPV) (NOTPV)

Concerning the Examination for Elective Notaries as Stipulated in the NotG

To administer the examination for elective notaries as stipulated in the NotG, the Higher Court elects an examination commission.

The Examination Commission pursuant to § 7 para. 2 NotG consists of

three members and the necessary substitute members.

Members

1 As members and alternate members of the Examining Board, the following are eligible

a. Members of the Cantonal Court (Obergericht),

b. Professors of Law at Swiss universities,

c. Notary inspectors and notaries.

2 All three professional groups should be represented on the Examining Board.

Eligibility requirements

1. Term of Office

The term of office for members and substitute members is six years.

2. They shall resign from the commission at the end of the year in which they reach the age of 67.

The High Court elects one of its members as President of the Examination Commission.

a. Election

1. The Presidium receives applications for the notarial examination, determines the examination dates, and designates the examiners for the individual examination subjects.

2. It may, for important reasons, extend deadlines for the candidate to be examined or grant a postponement of a date.

b. Duties

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Compensation

242.1

Certificate of Eligibility for Notaries (NotPV)

1 The Presidency, members, and substitute members of the

Examination Commission are compensated for their participation in the examinations

in accordance with § 1 lit. a–c of the Ordinance of the High Court concerning the remuneration

of the members of the Bar Examination Commission of June 21,

20063.

2 Participation in the practical examination is compensated as follows

a. for the examination chair and for the commission rapporteur

with the same remuneration as is provided for the chair of the written examination,

b. for the assessment of the practical examination with the remuneration

as is provided for participation in the written examination.

3 The Presidency shall additionally be compensated with 1/8 of the

salary supplement due to a Vice-Presidency of the High Court.

Admission

a. Prerequisites

Part 2: Admission to the Examination

1 Admission to the examination requires

a. Swiss citizenship,

b. legal capacity,

c. trustworthiness,

d. professional training,

e. practical experience of at least two years after completing a

vocational or secondary school education at a Zurich notary's office.

The duration of absences, with the exception of holidays, shall be deducted

from the duration of the practical experience gained. This applies to

absences due to illness, accident, military service, civil and

civil defence service if their total duration exceeds

six months.

2 Professional training as defined in paragraph 1 lit. d means

a. a successfully completed commercial apprenticeship or secondary

school education and

1. completion of the notary study programme at the University of

Zurich or

2. an equivalent partial course of study related to the examination

subjects at a Swiss university;

b. a Bachelor of Law from a Swiss university.

Certificate of Eligibility for Notaries (NotPV)

242.1

1 The person to be examined shall submit the following documents to the Examination Committee

a. Certificate of origin,

b. Certificate of legal capacity from the municipality of residence,

c. Excerpt from the criminal and debt enforcement register,

d. Certificate of completion of professional training,

e. Certificate of proof of practical activity,

f. Curriculum vitae.

2 The Presidency shall review the documents and decide on admission to the examination.

c. Revocation

If, after the admission of a person to be examined, facts become known which call into question their trustworthiness, the Administrative Commission of the High Court decides on a potential revocation of the admission.

Anyone who has been rejected or has withdrawn their registration for the exam after the start of the waiting period will be admitted to a new examination no earlier than two years thereafter.

3. Part: Examination

A. General Provisions

1 The candidate must demonstrate through the examination that they possess the knowledge and skills required for professional practice.

2 The examination covers the following legal areas

a. Notarial and land register law,

b. Private law (including international private law),

c. Debt enforcement and bankruptcy law,

d. Civil procedure law,

e. Planning and building law,

f. Criminal law.

The Examination Commission issues a directive concerning the directive

Notarial Examination, in particular regarding the examination material for the individual legal

fields.

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242.1

Certificate of Eligibility for Notaries (NotPV)

Whoever uses unauthorized aids or commits dishonest acts during an examination part has failed that part.

1 Fees and office expenses shall be imposed on the person to be examined.

2 The fee for the notary examination and the issuance of the certificate for notary substitutes shall be CHF 3000 to CHF 4000. When determining the fee, the incurred examination costs shall be taken into account.

3 If the person to be examined had to repeat a part of the examination, the fee may be increased to double the maximum amount.

4 If the admission to the examination is revoked, or if the person to be examined withdraws their application, or if it is rejected, the fee may be reduced to one tenth.

B. Theoretical Examinations

A. General

a. Types of Examinations

b. Examination Periods

c. Default

B. Oral Examination

a. Content

b. Notification of Decision

The theoretical examinations consist of an oral and a written part.

The Examination Commission sets three examination periods per year, during which the theoretical examinations can be taken.

If the person to be examined is in default of taking a partial examination, the examination board shall dismiss them.

1 The oral examination consists of the following parts

a. Private Law (including International Private Law),

b. Notarial and Land Register Law, Planning and Building Law,

c. Debt Enforcement and Bankruptcy Law, Civil Procedure Law, Criminal Law.

2 The examination lasts no longer than three hours.

1 The Examination Commission decides whether the examination in

the individual subjects has been passed. It does not award grades or

assessments. § 21 remains reserved.

2 It communicates the result to the person being examined immediately

following the examination.

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Certificate of Eligibility for Notaries (NotPV)

242.1

1 If the oral examination is unsatisfactory, the examination committee decides whether it must be repeated in full or only in part. If the examination committee orders a partial repeat, it assesses the performance in the individual subjects and records the assessments as very good, good, satisfactory, or unsatisfactory.

2 The person to be examined will be invited to the next oral examination.

3 If the overall result, including previously passed partial examinations, is again unsatisfactory, the examination committee rejects the person to be examined.

1 Whoever has passed the oral examination will be invited to the written examination. The date will be announced at least two weeks in advance.

2 The written examination takes place within one month after the successful oral examination.

3 It is taken under supervision. Its duration may not exceed ten hours.

C. Written Examination

a. Implementation

The written examination comprises one or more legal **b. Content**

cases from the areas mentioned in § 12. The necessary statutory

and regulatory texts will be provided.

The decision regarding the outcome of the written examination c. Notification

The decision shall be communicated to the examinee within four weeks.

1 If the written examination is assessed as insufficient, i.e., a repeat

examination is required, the examinee may retake it in the next examination period.

2 If the second examination is also assessed as insufficient, the Examination Commission will reject the examinee.

C. Practical Examination

1 Anyone who has passed the theoretical examinations is admitted to the practical examination.

Admission

2 The person to be examined must begin the practical examination within one year of passing the theoretical examinations.

3 They must notify the Presidium of the Examination Commission of the desired examination period at least three months in advance.

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242.1 Certificate of Eligibility for Notaries (NotPV)

Examination Management § 27. 1 The Presidium of the Examination Commission assigns the examination notary office to the person to be examined.

2 The examination is conducted by a female notary, a male notary, a deputy female notary, or a deputy male notary who holds the certificate of eligibility (Examination Management).

3 The person to be examined must never have worked at the notary office concerned. There must be no grounds for recusal in the sense of

1 The practical examination covers all areas of work of a notary's office, land registry office, and bankruptcy office. The candidate will process pending business at the examination notary's office.

**2 If, at an examination notary's office, there are not enough suitable tasks available in a specific subject area, the candidate may, in individual cases and under the responsibility of the examination supervisor, be assigned tasks from other notary's offices.**

The practical examination lasts 25 working days.

1 The person to be examined shall create a dossier for the examination board regarding the cases processed by them. It must be made particularly clear what constitutes drafts and documents from third parties, and what constitutes documents and papers created by the person themselves.

2 They may attach explanatory remarks to their work.

1 The examination board shall, after the conclusion of the examination,

prepare a report, which it shall, together with the dossier, generally within 14 days, submit to the presidency of the Examination Commission. A copy of the report shall be provided to the person being examined.

2 The report shall contain

a. information about the tasks set and the course of the examination,

b. observations of the examination board regarding the suitability of the

person being examined as a deputy notary or notary public, in particular concerning the practical application of theoretical knowledge to specific transactions, the consideration of the needs of the parties, work technique and organization, and demeanor and conduct,

c. an assessment of the submitted work from a professional perspective.

3 The examination board shall evaluate the practical applicability of the

submitted work and provide a recommendation for the overall assessment of the examination.

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Certificate of Eligibility for Notaries (NotPV) 242.1

1. The person to be examined may submit comments on the report of the examination board within 14 days to the examination committee. They shall inform the examination board with a copy.

2. The examination committee may obtain additional information from the examination board.

Submission of an Application for Evaluation by the Lecturer or Examiner

The lecturer or examiner submits an application to the examination commission for the evaluation of the examination. If this application does not align with that of the examination board, the Presiding Committee of the examination board shall set a deadline of 14 days for the submission of an independent written statement.

The Presidium of the Examination Commission may order an immediate supplement to the examination at the examination notary's office or at another notary's office if the scope and difficulty of the handled matters do not permit a sufficient assessment.

The examination committee usually decides within three months whether the person to be examined has passed the examination. The presidency communicates the decision to the person to be examined, the examination board, and the Notarial Inspectorate.

If the person to be examined has passed the examination, the Examining Committee shall submit a request to the Superior Court for the issuance of the Certificate of Competence.

Request for

Issuance of

Certificate of

Competence

1 If the practical examination is unsatisfactory, it may be repeated at another notary office.

2 The second examination must begin no earlier than six and no later than twelve months from the communication of the result.

3 For the registration and assignment of the examination notary office, §§ 26 et seq. apply.

4 If the result of the second examination is again unsatisfactory, the examination commission shall reject the examinee.

The Administrative Commission of the High Court, upon application by the Examination Commission, awards the person to be compensated an indemnity, chargeable to the office, for useful work performed during the practical examination.

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242.1

Certificate of Eligibility for Notaries Public (NotPV)

Part 4: Certificate of Competence and Certificate of Eligibility

A. Issuance of the Certificate of Competence

Whoever has passed the examinations and fulfilled the other requirements receives a certificate from the Cantonal Court, which entitles them to act as a substitute notary.

1 The identity card is valid for six years.

2 The applicant may request from the Administrative Commission of the

High Court an extension of the identity card for a maximum of six years.

They must prove that they continue to possess the necessary knowledge

and skills.

3 The Administrative Commission invites the Examination Commission to

provide an opinion. The latter may request a re-examination limited to

specific subject areas. The Administrative Commission decides on the

necessity of a re-examination.

B. Issuance of the Certificate of Eligibility

The High Court issues the Certificate of Eligibility as a Notary to persons who, after the issuance of the Certificate of Competence, have proven themselves professionally, organizationally, and in terms of leadership as a Deputy Notary for two years.

The fee for issuing the certificate of eligibility for notaries public is CHF 250 to CHF 500.

The certificate of eligibility is valid indefinitely.

C. Withdrawal of certificate of aptitude and certificate of eligibility

The Administrative Commission of the High Court temporarily or permanently withdraws a certificate of competence or an eligibility certificate if

a. the requirements for its issuance are no longer met, or

b. the person concerned no longer appears trustworthy for the office of a notary public or a deputy notary public.

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Eligibility Certificate for Notaries Public (NotPV) 242.1

1 Reinstatement of permanently withdrawn capacity certificate or certificate of eligibility

The Cantonal Court may reinstate a permanently withdrawn capacity certificate or a permanently withdrawn certificate of eligibility if the conditions are met again. Upon application by the Examination Commission, it may order a re-examination, the type and scope of which are to be defined.

**2** In the case of a withdrawal due to loss of trustworthiness, reinstatement is permissible at the earliest ten years, or in exceptional cases five years, after the legal force of the withdrawal.

**Part 5: Transitional Provision**

1. For examination procedures pending at the time of entry into force of this Ordinance, the provisions of the Notarial Examination Ordinance of 25 June 2003 shall apply.

**2. Upon request, applications for the notarial examination under the Notarial Examination Ordinance of 25 June 2003 shall be accepted until 31 December 2014.**

**3. For persons who register for a new examination in accordance with § 31 of the Notarial Examination Ordinance of 25 June 2003, the admission requirements of the Notarial Examination Ordinance of 25 June 2003 shall apply.**

1 OS 68, 393; for reasoning, see ABI 2013-09-20.

2 Entry into force: 1 January 2014.

3 LS 215.111.

4 LS 242.

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