EU ruling opens up notaire profession

EUROPEAN nationals who do not hold French citizenship could be allowed to exercise the profession of notaire in France for the first time.

The European Court of Justice has ruled that the current rules limiting the profession to French nationals contravenes EU freedom of movement rules.

The French justice ministry says it has "taken note" of the ruling - but the other access requirements for becoming a notaire will still stand.

"Removing the rules on nationality will not have any effect on the status of notaire and will not affect the quality of service offered to individuals and businesses," the ministry said in a statement.

Prime minister François Fillon, himself the son of a notaire, visited the profession's annual congress in Cannes yesterday.

He said: "I can assure you that we will do all we can to preserve the role of the notaire. This ruling should not be too much of a concern."

Notaires are worried that their status is under threat, following a recent "modernisation law" that has given solicitors more of a role in some transactions.

As representatives of the state, notaires are tasked with giving an official character to the legal documents they draw up.

Certain particularly important formalities have to be carried out using a notaire, without which they are considered void.

These include donations (formal gifts), the creation or cancellation (mainlevée) of a mortgage, marriage contracts and officially-recorded wills.

The Connexion publishes a 10-page helpguide, in association with the Conseils des Notaires, explaining the role of the notaire, priced €7.50.

It includes information on:

- Getting preliminary advice
- The formalities involved
- The drafting and signing of a notarised deed
- A table of notaires' fees for property sales, mortgages and inheritance

To find an English-speaking notaire near you visit www.notaires.fr - click on the Union Jack then "find a notaire".

Photo: Ignatius Wooster - Fotolia.com