www.notary-public.ch
Notary Public in Switzerland
The power of authentication is granted to Notaries by their Cantonal authority. The power of a particular Notary in this respect only exists, therefore, within the territorial border of the relevant Canton. Nevertheless a public document certified by a Cantonal Notary is valid throughout Switzerland. A Bernese notary, for instance, may, therefore, notarize the establishment of a company that has its legal seat in Zurich from his office in Bern. For internet-supported establishment of companies we refer you to www.e-notary.ch. It is only for real property rights that the authentication must take place within the Canton where the property lies.Different Systems
Each Canton has its own notarial legislation. The different systems can be grouped as follows:- Self-employed notaries: Bern, Aargau, Basel-Stadt, Fribourg, Geneva, Neuchâtel, Jura, Ticino, Uri, Vaud, Valais
- State-employed notaries: Zurich, Appenzell Ausser Rhoden, Thurgau, Schaffhausen
- Hybrid system: Appenzell Inner Rhoden, Basel-Land, Glarus, Grisons, Lucerne, Nidwalden, Obwalden, St. Gallen, Solothurn, Schwyz, Zug.
Self-employed Notaries generally need to have a broad legal education and one must demonstrate one's ability in this respect in order to be admitted. In Bern, for instance, a Notary must complete one's degree with a Master's of Law (MLaw) and must also, after a 24-moths-traineeship, take an examination that is generally considered to be more complex than that for lawyers. State-employed Notaries must not necessarily have a degree, but usually do so, but have, thanks to their practical experience, a good knowledge of the notarial system. Both self-employed and state-employed Notaries have complete power of authentication. In Cantons with a hybrid system, however, an administrative office is competent for real property rights and self-employed notaries may authenticate other dealings.
Fees
Notaries charge fees for their notarial services. The fees vary from Canton to Canton. The client would be well advised to inquire what the fees cover, as supposedly low fees may turn out to be expensive in total. Often the client must buy several extra services or will need additional advice from a third person (e.g. attorney, self-employed notary, fiduciary, tax adviser etc.) due to by a lack of time or knowledge on the part of the notary.International
Switzerland is Signatory State to the CONVENTION ABOLISHING THE REQUIREMENT OF LEGALISATION FOR FOREIGN PUBLIC DOCUMENTS, Concluded 5 October 1961. A list of all Signatory States is published on http://www.hcch.net. Each Contracting State must exempt from legalization by diplomatic or consular agents, documents to which the Convention applies and which have to be produced in its territory. The only formality that may be required in order to certify the authenticity of the signature, the capacity in which the person signing the document has acted and, where appropriate, the identity of the seal or stamp which it bears, is the addition of the certificate, issued by the competent authority of the State from which the document emanates. Thus, Swiss notarial documents comprising this certificate with the title "Apostille (Convention de La Haye du 5 octobre 1961)" are recognized in the Signatory States to this Convention.Author & Publisher
