Lucerne Lawyer-Notaries Practicing Under Corporate Entity Conditions
Sintesi Legislator
Generato dall'IAThe supervisory authority ruled on the permissible conditions under which notaries who are also registered lawyers in the Canton of Lucerne can practice their notarial activities under the umbrella of a corporate entity (AG or GmbH). The court reasoned that this practice is allowed if the company is exclusively controlled by registered lawyer-notaries, the lawyer-notary is employed by or holds an office in the company, and crucially, the notarial activity is performed in the lawyer-notary's own name and at their own risk, ensuring personal liability for all notarial legal relationships, including financial and disciplinary matters, although fee assignment to the company and liability insurance payment by the company are permitted. Furthermore, the company's purpose must not be misleading regarding the provision of notarial services, and the lawyer-notary must maintain absolute independence from the company concerning their notarial duties, especially regarding directives and professional secrecy.
Regesto Legislator
Generato dall'IA§ 5 Abs. 1 lit. a BeurkG; Lucerne Lawyer-Notaries Practicing Under Corporate Entity Conditions: The court reasoned that this practice is allowed if the company is exclusively controlled by registered lawyer-notaries, the lawyer-notary is employed by or holds an office in the company, and crucially, the notarial activity is performed in the lawyer-notary's own name and at their own risk, ensuring personal liability for all notarial legal relationships, including financial and disciplinary matters, although fee assignment to the company and liability insurance payment by the company are permitted. Furthermore, the company's purpose must not be misleading regarding the provision of notarial services, and the lawyer-notary must maintain absolute independence from the company concerning their notarial duties, especially regarding directives and professional secrecy.
Parole chiave
Generato dall'IADisposizioni normative citate
Generato dall'IADecisioni correlate
Generato dall'IAQuestioni giuridiche chiave estratte da Legislator
Generato dall'IAThis provision is cited as the legal basis for the condition that the lawyer-notary must hold an office and/or be permanently employed by the company.
Testo completo
Rechtsprechung Luzern
Instanz: · Aufsichtsbehörden und Kommissionen Abteilung: · Aufsichtsbehörde über die Urkundspersonen Rechtsgebiet: · Beurkundungsrecht Entscheiddatum: · 18.01.2012 Fallnummer: · AU 10 5 LGVE: · 2012 I Nr. 23 Leitsatz: · § 5 Abs. 1 lit. a BeurkG. Weisung betreffend Notariatsgesellschaften. Rechtskraft: · Diese Entscheidung ist rechtskräftig.