Key Benefits:
The Seal Guard, Minister of Justice,
Vu le Decree No. 73-609 of 5 July 1973 amended on vocational training in notariat and conditions of access to notary functions, including articles 5 and 7;
Having regard to the advice of the Office of the High Council of Notariat dated 13 December 2007,
Stop it!
Written and oral examination of knowledge control instituted by the Articles 5 and 7 of the decree of 5 July 1973 referred to above relate to the programme annexed to the present Order.
A review session is organized over the last four months of each year.
No one can attend more than three review sessions.
The date and place of the examinations are set by the President of the National Centre for Notarial Professional Education, which ensures sufficient publicity by inserting them into specialized professional journals during the first quarter of each year.
Persons receiving a dispensation under thearticle 4 of the decree of 5 July 1973 referred to above and wishing to access the notary's functions must send, by registered letter with a request for notice of receipt, to the Ministry of Justice (direction of civil affairs and seal, sub-direction of judicial and legal professions) their complete application for this examination before May 1 of the year of examination, barely forfeiture.
Applications must include:
1° A request from the interested party specifying the examination to which the candidate wishes to present himself;
2° A document justifying the civil status and French nationality of the individual;
3° The decision by which the Attorney General near the Court of Appeal exempted the person concerned from the requirement of Article 3 (6°), fixed the period of professional practice and prescribed a technical knowledge control.
The persons mentioned in the first and second paragraphs of Article 7 of the above-mentioned Decree of 5 July 1973 must send, by registered letter with request for notice of receipt, their complete application file to the Ministry of Justice (Director of Civil Affairs and Seal, Sub-direction of Judicial and Legal Professions) before May 1 of the year of examination.
The application must include:
1° A request from the interested party specifying the examination to which the candidate wishes to present himself;
2° A document justifying the civil status and French nationality of the individual;
3° A copy of the degree of first cleric or the degree of the notarial trades institute or a certificate attesting to the success of either of these examinations;
4° A certificate of the pension and pension fund of the clerics and notary employees or, if not registered to that credit union, of the social security fund indicating the period(s) during which the employee was affiliated with any of these organizations;
5° The certificate, issued by the vocational training centre of which the individual depended, attesting to the follow-up of the preparation for the examination of the technical knowledge control provided by thearticle 7 of the decree of 5 July 1973 referred to above.
Persons receiving a dispensation under the third paragraph of Article 7 of the Decree of 5 July 1973 referred to above and wishing to access the notary's functions must send, by registered letter with a request for notice of receipt, to the Ministry of Justice (direction of civil affairs and seal, sub-direction of judicial and legal professions) their complete application for this examination before May 1 of the year of examination, barely forfeiture.
The application must include:
1° A request from the interested party specifying the examination to which the candidate wishes to present himself;
2° A document justifying the civil status and French nationality of the individual;
3° An excerpt from the register of the internship held by the vocational training centre of which the person was dependent, justifying the six-year internship carried out by the person in one or more notary offices;
4° A certificate, issued by the vocational training centre on which the individual was dependent, attesting to the success of the written tests of the final part of the fitness examination for the duties of notary provided by the articles 35 to 40 of the decree of 5 July 1973 referred to above in his earlier writing than that given to him Decree No. 89-399 of 20 June 1989 ;
5° The certificate, issued by the vocational training centre of which the individual depended, attesting to the follow-up of the preparation for the examination of the technical knowledge control provided by thearticle 7 of the decree of 5 July 1973 referred to above.
The Seal Guard, Minister of Justice, sets out the list of candidates admitted to the examination of section 5 of the above-mentioned decree as well as the list of candidates admitted to the examination of section 7 of the above-mentioned decree and addresses them, together with a copy of each of their files, at the National Notarial Professional Education Centre.
To establish a list of candidates admitted to the examination ofarticle 7 of the decree of 5 July 1973 referred to above, the security guard, Minister of Justice, shall take into consideration the situation of the persons concerned, under the conditions mentioned in this section, on the date of May 1 of the year of examination.
The candidates are summoned individually by the National Centre for Notarial Professional Education, which indicates to them the day, time and place of the written examinations they are admitted to undergo.
The organization of the examinations is entrusted to the National Centre for Notarial Professional Education, which provides the secretariat of the national jury established by thearticle 6 of the decree of 5 July 1973 referred to above.
I. - Knowledge Control ReviewArticle 5 of the decree of 5 July 1973 referred to above has an eligibility test that covers a practical case.
The duration of the test is four hours.
The event is organized to ensure the anonymity of the candidates.
One or more members of the jury, assisted, if any, by members of the National Centre for Notarial Professional Education, supervise the trial.
Codes and collections of annotated laws and decrees are authorized, excluding the codes commented.
Any candidate who has obtained or used unauthorized documents is excluded from the room and its composition is cancelled.
The compositions are the subject of a double correction, one of which will be made by the professor of law member of the jury.
The written test is recorded from 0 to 20. Any rating below 7 is eliminated. After deliberation, the jury lists the candidates declared eligible.
II. - Declared eligible candidates are summoned individually by the National Centre for Notarial Professional Education, which specifies the day, time and place of the oral examination.
The oral admission test consists of a conversation with the jury.
The oral test is rated from 0 to 20; She's public.
To be definitively admitted, candidates must have obtained a total number of points at least equal to 20.
III. - At the end of the trials, the examination jury draws up and makes public the list of candidates definitively admitted. This list is posted on the premises of the National Notarial Professional Education Centre.
The certificate of fitness for the duties of notary is sent to each of the candidates admitted by the care of the National Centre for Notarial Professional Education.
I. - The examination of knowledge control provided for in Article 7 of the above-mentioned Decree contains two written proofs of eligibility; the first concerns a subject of civil law, the second on a subject of commercial law.
For each test, the candidate chooses a subject among the two proposed by the national jury.
Written proofs of eligibility, for a duration of four hours each, are organized to ensure the anonymity of candidates.
One or more members of the jury, assisted, if any, by members of the National Centre for Notarial Professional Education, monitor the trials.
Codes and collections of annotated laws and decrees are authorized, excluding the codes commented.
Any candidate who has obtained or used unauthorized documents is excluded from the room and its composition is cancelled.
The compositions are the subject of a double correction, one of which is performed by the professor of law member of the jury.
Written tests are recorded from 0 to 20. Any rating below 7 is eliminated. After deliberation, the jury lists the candidates declared eligible.
II. - Declared eligible candidates are summoned individually by the National Notarial Professional Education Centre, which specifies the day, time and place of the tests. These tests are public.
The admission tests consist of four oral examinations, questions relating to each of the following:
- real estate;
rural law;
ethics and accounting;
- tax law.
Each of these tests is rated from 0 to 10.
To be definitively admitted, candidates must have obtained a total number of points at least equal to 40.
III. - At the end of the trials, the examination jury draws up and makes public the list of candidates definitively admitted. This list is posted on the premises of the National Notarial Professional Education Centre.
The certificate of fitness for the duties of notary is sent to each of the candidates admitted by the care of the National Centre for Notarial Professional Education.
With the exception of the provisions of Articles 3 (5°) and 4 (5°) which come into force on 1 January 2011, this Order comes into force on 1 January 2008, when the Order of 19 February 1980 establishing the program and the terms of the examinations of knowledge control instituted by Articles 5 and 7 of Decree No. 73-609 of 5 July 1973 amended concerning vocational training in the notary and the conditions of access to duties.
The decision of 27 August 2007 setting out the programme and modalities of the examination of knowledge control instituted by articles 5 and 7 of amended Decree No. 73-609 of 5 July 1973 relating to vocational training in the notary and to conditions of access to notary functions is withdrawn.
The Director of Civil Affairs and Seal is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
1. Civil law
Right of persons
Civil status acts (dispositions regarding the advertisement of acts and mentions to the civil directory).
Absence.
Marriage: the duties and rights of the spouses.
Divorce and separation of bodies: consequences for the respective heritage rights of spouses.
Filiation.
Parental authority in respect of the property of the child.
Majority, guardianship, emancipation.
Civil covenant of solidarity.
Marriage contract and matrimonial regimes: in particular, community liquidation and sharing.
Successions and liberalities
Right of obligation and right of property:
Conventional contracts and obligations in general.
Property.
Usufruct, use and housing.
Acquisition and alienation of real estate property: accession, sale, sale with subrogation, sale with annuity, exchange, prescription acquisitive, possession, land advertising.
Forced seizure and order between creditors.
Procedure and enforcement, seizure of property and seizure attribution.
Loans and security rights
Private international law:
Principles of private international law on capacity, matrimonial regimes, donations and successions.
2. Trade law
Trade fund law, sale and swimming, distribution of the price.
Law of corporations (civil and commercial) and groupings.
Business law in difficulty.
The check and the violations of the legislation concerning him.
Commercial leases.
3. Real estate
Urbanism, land occupancy plans.
Right of preemption.
Lotion.
Co-ownership.
Building sales, real estate promotion contracts construction companies.
Expropriation because of public utility.
Real estate operations in public communities.
4. Rural law
Fermage status, rural leases.
Preferential allocation of rural funds.
Right of preemption.
Groups for the ownership and exploitation of rural property.
5. Deontology, accounting
Notarized act.
Status of the notariat.
Social status of clerics and notary employees.
Responsibility of notaries.
Notary accounting.
Rates of notaries.
Practice of mortgage loans, executable copies.
6. Tax law
Unique registration and formality (free and costly switching).
Value-added property tax regime.
Real estate surplus-value tax system.
Taxation of natural persons.
Taxation of commercial companies.
Value-added tax on notary activities.
Done in Paris, 20 December 2007.
For the Minister and by delegation:
The Director of Civil Affairs
and the seal,
P. Fomber
