Regulation on the Requirements for Granting Extended Authorizations to Officials and Employees of Notariats and the Implementation of Professional Examinations (Continuing Education Regulation)

The expanded powers within the meaning of the Law on Expanded Notarial Services² include

a. the recording of bills of exchange protests by the protest official,

b. the notarization of legal transactions concerning real and preliminary

registrable rights to real estate by the certifying official,

c. certifications by the certifying official,

d. the creation and maintenance of the land register as well as the cantonal

transitional land register institutions and the register of

corporate fractional rights by the land register secretary, excluding the rejection of land register applications and the signing of mortgage certificates,

e. the recording of bankruptcy inventories and, with the exception of real estate, the conduct of forced auctions by the bankruptcy secretary.

Powers

a. Scope

The High Court may authorize officials and employees to exercise

extended powers if they meet the necessary requirements and the business

operations of the respective notary office justify it. There is no entitlement

to the granting of extended powers.

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242.15

Regulation on Continuing Education

Requirements

a. In Notarization

b. In Land Registry

c. In Insolvency

d. Exception

Objective

Specialized Courses

a. In Notarization

Prerequisites for the Granting of Extended Powers are

a. as a Protest Official

the power to certify legal transactions concerning real rights or rights capable of being entered in the land register relating to real estate; or

in special cases, at least attendance of the specialized course on Public Certification/Contract Law;

b.³ as a Certifying Official

the successful professional examination in certification matters. Admission to the professional examination is governed by § 16 para. 2 lit. a;

at least 2½ years of practical experience at a Zurich notary's office. When calculating this period, absences, with the exception of holidays, are to be deducted, but those due to illness, accident, and military service only insofar as they collectively exceed six months;

c.³ as an Attestation Official

as a rule, activity as a notary assistant.

3 Prerequisite for the Granting of Extended Authority in

Land Registry Matters is a successful examination in this specialized field.

Admission to the specialized examination is governed by § 16 para. 2 lit. b.

3 Prerequisite for the grant of extended authority in bankruptcy matters is a successful examination in this specialist area.

Admission to the specialist examination is governed by § 16 para. 2 lit. c.

3 Holders of the certificate of aptitude for notary deputies or

the certificate of eligibility for election as a notary do not need

to fulfill the requirements under Sections 3-5.

II. Professional Courses

In the field of notarisation, land registration, and bankruptcy,

specialist courses are conducted for the staff of notary offices. These courses aim

to impart to the participants the necessary expertise for the role of an official or employee with expanded powers.

1 Special courses are held in the field of notarisation, covering the

following areas of law

Law of Contracts,

Notarisation Law,

Law of Property, in particular Land Register Law,

Securities Law,

Law of Persons, Matrimonial Property Law and Law of Succession, Corporate Law, Debt

Enforcement and Bankruptcy Law, Tax Law, etc., insofar as relevant to Notarisation

or Land Register Law.

Further Education Ordinance

242.15

2 Four special courses are conducted, which are generally to be attended in the

following order

1. Land Register Law I,

2. Public Notarisation/Law of Contracts,

3. Land Register Law II,

4. Repetition.

1. In the Land Register System, a specialist course (Land Register Law III) will be conducted, where Property Law, particularly Land Register Law, will be treated in an in-depth manner.

2...4

1 In bankruptcy matters, a specialized course (Bankruptcy Law) is conducted, which addresses debt enforcement and bankruptcy law, particularly bankruptcy law.

2...4

The organization and management of the specialized courses are the responsibility of the Organization Notarial Inspectorate. This entity decides on admission to attendance and management of the specialized courses.

For the implementation, rapporteurs will be enlisted by the Notariat Inspectorate, whose activities are to be remunerated.

The specialized courses are held annually. The Notarial Inspectorate may shorten or extend this period if circumstances so require.

Implementation

The participation in the specialized courses is free of charge for employees of the

Notary Offices.

Course Participation

III. Professional Examinations

The professional examinations are conducted in writing. Their purpose is

to determine whether the candidates possess the necessary knowledge and

skills for exercising the extended powers.

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242.15

Continuing Education Ordinance

Requirements

for Admission

Time Intervals

for Conducting

the Examinations

Free of Charge

Examination

Participation

Professional Examination

Commission

1 Examination dates must be communicated to the notarial offices in good time. Registration with the Notarial Inspectorate is required for participation in the respective specialist examination, and the Inspectorate decides on admission.

2 Prerequisites for admission to the specialist examination are

a. in the field of authentications

as a rule, a successfully completed commercial apprenticeship or secondary school education or an equivalent qualification;

attendance of the specialist courses in authentications;

b. in the field of land registry

a successfully completed commercial apprenticeship or secondary school education or an equivalent qualification;

as a rule, at least six years of exercising authentication authority;

attendance of the specialist course in land registry;

c. in the field of insolvency

as a rule, a successfully completed commercial apprenticeship or secondary school education or an equivalent qualification;

as a rule, at least six years of practical activity in a Zurich notarial office, of which several years must be practical experience in insolvency matters;

attendance of the specialist course in insolvency.

3 In exceptional cases, in the fields of land registry and insolvency, the requirement to attend the prescribed specialist courses may be waived, particularly if the candidate demonstrates that they have acquired the necessary knowledge in an equivalent manner.

IV. Schlussbestimmung

The professional examinations are conducted annually. The Notariate Inspectorate may shorten or extend this interval if circumstances so require.

The professional examinations are free of charge for the candidates.

1 Examination Board Selection

The Administrative Commission of the High Court selects a Specialist Examination Board, consisting of three members and three substitutes.

**2 Eligibility for Members and Substitutes:**

Representatives of the Notary Inspectorate,

Notaries,

Deputy Notaries.

Continuing Education Ordinance

242.15

**3 President and Term of Office**

The representative of the Notary Inspectorate serves as president. The term of office is six years.

**4 Compensation**

The members shall be compensated for their services.

1 The Professional Examination Commission decides whether the examination has been passed or not. The examination paper must be assessed.

2 The result of the examination will be noted on the examination paper and communicated to the candidate in writing by the Notary Inspectorate.

3 If the candidate does not pass the professional examination, they have the right to an oral explanation from the President of the Professional Examination Commission.

Decision of the Professional Examination Commission

The Failed Professional Examination Can Be Repeated. Repetition

**of the Professional Examination**

After two unsuccessful examinations, the required specialized course must be attended again; in the field of certification, only the repetition course.

to be published in the Official Gazette and in the Collection of Laws.

1 OS 50, 549.

2 LS 242.

3 Version in accordance with Decision of 11 December 1991 (OS 52, 3). In force since 1 January

1992.

4 Repealed by Decision of 11 December 1951 (OS 52, 3). In force since 1 Jan-

uary 1992.

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