The notary is a ministerial public officer, delegate of public authority. He plays essential role guaranteeing legal security of deeds he receives. This security is ensured in particular by authentic character he confers to his deeds and by exercise of his duty of advice.
He also fulfills other varied missions such as real estate negotiation and expertise, auction sale, mediation, judicial missions (during contentious partition for example) or also new functions linked to legalization or apostille of deeds.
Main texts defining role of notary
Several texts govern status, obligations and role of notary:
- — Code of ethics of notaries (decree No. 2023-1297 of 28 December 2023);
- — Professional regulation of notariat (decree of 29 January 2024 approving professional rules of notaries) specifies in particular role of notary as well as duties towards profession, clients and colleagues;
- — Ordinance of 2 November 1945 relating to status of notariat and decree taken for its application of 19 December 1945;
- — Law of 25 Ventôse year XI.
Definition of notary by Code of ethics of notariat
In terms of article 2 of Code of ethics of notariat (CDN), 'the notary is a ministerial public officer, delegate of public authority, in charge of a public service mission'.
In this respect, he receives in person all deeds and contracts to which parties must or wish to have given character of authenticity inherent in acts of public authority.
He collects consent of parties, ensures date, conservation and deposit of deeds and delivers executory copies and authentic copies.
He is advisor to natural or legal persons under private and public law and impartial drafter of their wills. He makes them aware of scope of obligations they contract, drafts their commitments with clarity conferring on them character of authentic deed.
He cannot delegate fulfillment of deeds inherent to his status as public and ministerial officer.
Mission of authentication of deeds
Main mission of notaries is to receive deeds and contracts to which parties must (when mandatory) or want (when optional) to give character of authenticity.
Authentic deed is defined by article 1369, para. 1 of Civil Code as deed which has been received:
- — with required solemnities, i.e. according to certain formalities, for example drafting by notary in French language, his presence to collect consents, reading of deed, signature and initials of deed by notary himself and by parties;
- — by public officer having competence and quality, notary having competence in principle for all deeds and contracts (except for those depending on exclusive competence of another public officer, such as mayor or bailiff).
Authentic deed can be drawn up on paper or electronic support. Two forms have same force (C. civ., art. 1366).
These conditions of elaboration have object and consequence of conferring particular qualities which are:
Probative force:
authentic deeds benefit from superior probative force to private deeds. They are evidence, i.e. proof of their origin (signatories), content and date until claim of forgery (C. civ. 1371). Warning however, they are evidence until claim of forgery only of facts public officer could himself ascertain.
Executory force:
Authentic deed, same as judgment, can constitute enforceable title, if vested with executory formula. This means that in case of non-execution of obligations by one party to deed, other party may pursue forced execution via bailiff without having to obtain judicial decision.
To know: authentic deed opposes private deed which is that signed by parties themselves, which only proves its date between them, its origin (party may deny signature), its content only until contrary proof is provided. It does not constitute enforceable title.
Notary has obligation to preserve deeds
Notary is responsible for conservation of deeds he has drawn up (D. No. 71-941, 26 Nov. 1971, art. 11) and this, for 75 years (C. patr. art. R 212-15) or 100 years if deed relates to minor person (C. patr., art. L213-2, I, 5°).
After this period, documents are poured to public archives.
Drafting of private deeds and consultations
Articles 59 to 66-3 of law No. 71-1130 of 31 December 1971 regulate exercise of law and reserve it to different legal and judicial professions, including notaries. Thus latter, like lawyers in particular, may 'give legal consultations relating to their main activity and draft private deeds which constitute direct accessory of service provided'.
Notary advises his clients
Notary must provide clients with legal advice adapted to their situation.
Intervention of another notary or any other professional (such as lawyer) does not dispense notary from his duty of advice. He must anticipate and explain legal effects of deeds for which he is requested must guide and thus help decision-making.
Advice of notaries is either inherent to drafting of deed (in this case generates no supplementary remuneration) or provided in separable manner from any deed and therefore may generate free fees being subject to fee agreement.
Judicial missions of notary
Notaries may be entrusted with missions by courts.
Thus, in framework of judicial partition procedure (concerning succession, liquidation after divorce judgment or indivision between PACS partners or cohabitants), notary may be designated by court to proceed with partition operations (C. civ., art. 840 et seq.). He establishes accounts between parties, partition deed, may be designated to ensure drawing of lots (CPC, art. 1375) or to receive auctions (licitation) ordered by judge (CPC, art. 1271 to 1281 and CPC, art. 1377.)
In framework of divorce procedure, may be designated by court as:
- — liquidator in order to carry out draft liquidation and formation of lots to be partitioned (C. civ., art. 255, 10°)
- — and/or expert in order to make proposals as to settlement of pecuniary interests of spouses, in particular concerning compensatory allowance (C. civ., art. 255, 9°).
New missions of legalization and apostille of notariat
To produce French public document abroad it is often necessary to have it authenticated, i.e. certify origin and authenticity. According to type of document and country where must be produced, this authentication will go through legalization procedure, that of apostille, or will need no formality. Notaries since 1 May 2025 have leading role in matter.
Indeed, since 1 May 2025 notaries of France, through 15 Regional Councils of notaries, issue apostilles instead of general prosecutor's offices of 33 courts of appeal.
And at latest from 1 September 2025, they will issue legalizations, instead of Ministry of Europe and Foreign Affairs.
To learn more about legalization and apostille procedure, see our articles here. →
To know: notaries are competent, same as public officers in town hall, to certify signatures of private documents (proxies for example) especially to allow their legalization or apostille.
Notary mediator
Mediation is amicable mode of dispute settlement. It can intervene in conflicts in family law (successions, separations...), in real estate law (neighborhood, co-ownership, rental...) or in business law (transfers of business assets...). Notaries can be trained in mediation and help you find amicable outcome.
Real estate activities
Notaries practice real estate negotiation, as accessory. To learn more about notarial real estate negotiation, see our article here.
Real estate expertise is also traditional activity of notariat.
Finally, voluntary notarial auction sales (or 'candle sales') constitute traditional mission of notariat. One speaks of 'amicable sale' or 'voluntary sale' in order to differentiate them from judicial auction sale which is forced sale. In framework of notarial auction sale, it is about putting in competition purchase offers of several potential buyers.
They are organized in chambers of notaries, either on site, or in premises close to asset sold by adjudication or in offices.
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