Your notary in Lucerne

Would you like to establish a company in Switzerland and register a GmbH or an AG at the commercial registry office? Our notary can organise company formations throughout Switzerland and notarise them for you.

Would you like to register a change of ownership of a property at the Land Registry Office Lucerne? Are you buying or selling a property in the Canton of Lucerne? Then our notary is the right person for you.

The notary can certify signatures and provide other services in accordance with the Law on Public Certifications (Beurkundungsgesetz).

Ask our notary directly or schedule an appointment at our notary's office to discuss your plans. We look forward to hearing from you. kanzlei@rechtsanwalt-luzern, telephone +41 41 419 70 80.

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Frequently asked questions to our notary's office

Here we try to answer the most frequently asked questions to our notary.

In principle, no. In each canton there is an ordinance on notarization fees. For notaries of the canton of Lucerne you can find it here: Ordinance on Notarization Fees of the Canton of Lucerne.

According to the Swiss Code of Obligations, a contract of sale of real estate is subject to the qualified form of public notarization. A purchase agreement that does not comply with this form requirement is void - treated as if it had never been concluded. It is helpful to contact a qualified lawyer or notary at an early stage when buying or selling a property.

Preliminary contracts, purchase rights, rights of first refusal, etc. can be concluded in a legally valid manner. However, the Swiss Code of Obligations also provides for a formal requirement, namely that of public notarization.

In principle, the Swiss Code of Obligations provides in Art. 11 that freedom of form exists. According to OR 11 para. 1, a special form is only necessary if the law prescribes it.

According to the law, the formal requirement of public notarization applies to almost all legal transactions involving a property or its land. In other respects, the parties are free to choose a form for the contract in accordance with Art. 16 CO if no form is prescribed by law.

Some, especially countries outside of Switzerland, require a notarized certificate or signature for certain legal transactions. In this case, the notary merely certifies that he has seen a person sign a certain paper or that the person has witnessed something in his presence.

Authentication is only necessary if the law expressly provides for it or if the contracting parties have jointly agreed on it for the legal validity of a contract. In principle, the freedom of form applies, i.e. contracts can be entered into without form (e.g. also orally) unless the law or a contract provides otherwise.

The notary performs an official duty. The notary is in a certain way obliged to perform public notarizations and cannot choose whom to serve and whom not to serve. There are numerous regulations which are imposed on a notary's office. Obligations to keep records, obligations for further education, etc. In order to fulfill all these obligations, to specialize and to be able to carry out all notarization transactions satisfactorily and with high quality in the interest of the clients, a great deal of effort is expended, which is compensated according to the applicable fee schedules of the cantons.

The legislator wants to protect the buyer as well as the seller in certain legal transactions and therefore states in the law the formal requirement of public notarization. The intention is to protect the parties from rash, hasty conclusion of contracts. In addition, the public certification in a notary's office serves the preservation of evidence and last but not least, the formal public certification at a notary's office also represents a basis for the land register entry, which must follow a certain order.

The notary must ensure that both parties have understood the contract and wants to protect both parties from entering into a legal transaction that they did not intend to conclude.

Public notarization of a purchase agreement by a notary means that the notary has ensured that the parties have identified themselves accordingly, that they are aware of the contents of the purchase agreement and have signed it in the presence of the notary.

The notary performs an official activity, in this sense a public, sovereign activity - although the official notary's office does not apply in every canton of Switzerland. In the canton of Lucerne, for example, there are freelance notary's offices. These are organized on a "freelance" basis: The notary works here (under the supervision of the canton) on his own account and at his own risk.

In the case of public notarization, only a signature is notarized. That is, the notary certifies that a certain person has signed a document in his presence. The notarial certification, on the other hand, involves more. Here, the notary ensures that the parties have understood the content of the deed and that they have expressed their will, e.g. to sell a property.

A notarization appointment is an appointment in a notary's office to perform a notarial certification. Mostly it is about the notarization of real estate transactions, company formations or the preparation of inheritance contracts.

Notarization is a legal formal requirement in legal transactions, according to which certain contracts or deeds must be drawn up in a record by a notary, read out by the latter to the parties involved, approved by the parties involved and signed by hand in the presence of the notary. Notarization is the strictest legal formal requirement.

Swiss law generally provides for freedom of form. If nothing else is provided for in the law or in a contract between the parties, a contract can be concluded formlessly, e.g. with or without a handshake. All that is required is a mutual agreement between the parties. Certain contracts, however, require a declaration in writing and the handwritten signature of all parties to the contract. This includes physical signatures on paper as well as qualified e-signatures.

A public deed is the document that is drawn up in a notary's office by a notary public. It is the document in which an authentic act is recorded. A public deed is a record of a legal transaction or procedural declarations or legally relevant facts in a document by a notary who is locally and factually competent to do so, in a prescribed form and in a prescribed procedure.

Qualified written form requires additional elements to simple written form. The law determines when and which additional elements are required, as freedom of form applies in principle. The qualified written form applies, for example, to the termination of the lease of residential and commercial premises. Here, the additional element is the requirement to use an official form. Other examples of qualified written form in Swiss law are the conclusion of an apprenticeship contract and a surety bond.

By "publicly certified", one means that the notary certifies a signature or the contents of a document. "Certified" means that the notary confirms the authenticity, identity and, if necessary, other circumstances. Official certification means the official attestation of the correctness of a signature or copy, by a notary, a notary's office or another authority authorized to do so (e.g. a municipal mayor in the Canton of Zurich).

In contrast to the public certification, the public notarization includes more. It is about the certification of the content of the document (deed), with warning and proof function. Legal transactions, contracts and declarations of intent are notarized.

 

This varies from canton to canton. All cantons in Switzerland have a corresponding ordinance on land registry fees. In the canton of Lucerne, the ordinance on land registry fees (Grundbuchgebührentarif) applies. Seek advice from an experienced lawyer or notary. Often you can arrange a certain legal transaction in several ways and apply for registration and partly you can save fees.

How much a notary charges is governed in Switzerland by the cantonal regulations on fees for public notarization. In the canton of Lucerne, the ordinance on certification fees determines how much a notary may charge as compensation for his services. It should be noted that if a notary is retained as an advisor, he may charge his hourly rate as a lawyer.

Swiss law generally provides for freedom of form. If nothing else is provided for in the law or in a contract between the parties, a contract can be concluded without form, e.g. with or without a handshake. All that is required is a mutual agreement between the parties. Certain contracts, however, require a declaration in writing and the handwritten signature of all parties to the contract. This includes physical signatures on paper as well as qualified e-signatures.

Notarization is a legal formal requirement in legal transactions, according to which certain contracts or deeds must be drawn up in a record by a notary, read out by the latter to the parties involved, approved by the parties involved and signed by hand in the presence of the notary. Notarization is the strictest legal formal requirement.

In Switzerland, notarization is mainly used for purchase agreements for real estate, company formations and inheritance contracts. The legislator wants to protect the buyer as well as the seller in certain legal transactions and therefore stipulates the formal requirement of public notarization in the law. The intention is to protect the parties from rash, hasty conclusion of contracts. In addition, the public certification in a notary's office serves to preserve evidence and, last but not least, the formal public certification at a notary's office also represents a basis for the land register entry, which must follow a certain order.

In principle, freedom of form applies in Switzerland. This means that a contract does not require any particular form, unless a contract between the parties or the law itself provides otherwise. All that is required is a concordant mutual expression of will by the parties. Certain contracts, however, require a declaration in writing and the handwritten signature of all parties to the contract. This includes physical signatures on paper as well as qualified e-signatures. Furthermore, the law may stipulate that public notarization applies as a formal requirement.

The purchase of real estate and other transactions involving real estate in Switzerland must be publicly notarized by a notary public. The legislator wants to protect the buyer as well as the seller in certain legal transactions and therefore states the formal requirement of public notarization in the law. One wants to protect the parties from rash, hasty contract conclusions. In addition, the public certification in a notary's office serves to preserve evidence and, last but not least, the formal public certification at a notary's office also represents a basis for the land register entry, which must follow a certain order.

In principle, all legal transactions that are not subject to a certain formal requirement either by the parties or by the legislator. For example, a contract of sale of a car can be concluded without any formal requirements. A rental contract or a contract of sale of goods - e.g. on the market. Contracts can also be concluded by implication, e.g. at a market. If you, as a hungry customer, bite into an apple offered by the farmer, you have already concluded a contract of sale. You owe the advertised purchase price for the apple.

Signatures or copies of certain contracts are certified by a notary public if this is required by a contracting party, e.g. a foreign bank or a foreign authority. However, the signatures of authorized signatories of a Swiss company must also be notarized so that this company can be registered with the Commercial Register Office.

The law stipulates which contracts must be notarized. These are purchase contracts concerning real property, real estate. All related easements encumbering the real estate and the registration of other rights in rem must also be notarized or publicly certified.

Public notarizations may be performed by persons who are authorized to do so in accordance with cantonal legislation. In the Canton of Lucerne, notaries who are entered in the register are permitted to perform public notarizations.

Official certification may be performed by persons who are authorized to do so in accordance with cantonal legislation. In the Canton of Lucerne, notaries who are entered in the register may perform official certifications.

Public notarizations may be performed by persons who are authorized to do so in accordance with cantonal legislation. In the Canton of Lucerne, notaries who are entered in the register are permitted to perform public notarizations.

This is done on the day of registration at the land registry. The land registry is obliged to enter the application in the diary immediately on the same day. The land registry application (e.g. a purchase agreement) is submitted to the land registry by mail or over the counter. On the day of receipt of the land register application, the Land Registry records the receipt on the land concerned in the computerized land register (so-called diary entry). In this way, for example, the purchase agreement is registered on the plots of land to be sold, which is then immediately visible as a pending matter on all the plots of land concerned. In the case of the diary, therefore, the receipt of a desired adjustment is first registered in the land register. This is done on the same day as the registration is received.

Each land register application is subjected to a legal examination. The land registry administrator or his deputies check whether the application documents are complete and ensure that they do not contain any defects. If the land register transaction is in order, clearance for entry is granted. If the land register transaction is defective, missing documents are requested or the land register transaction is rejected.

If approval for entry has been granted, the next step is for the requested entry, amendment or deletion to be provisionally entered in the land register by an employee.

The provisional land register entry is subsequently checked again by another employee and set to definitive. According to GBV Art. 89 No. 3, the entry in the main book is given the date of the entry in the diary. The update in the land register is therefore always retroactive to the date of receipt of the application (diary). A longer processing time at the land registry office therefore does not entail any disadvantages for the customer.

If there is no official notary's office and you make an appointment with a freelance notary, the notary will probably charge you his normal lawyer's rate. The lawyers, as well as the notaries, are obliged to inform you of these rates before the consultation and to ask for an advance on costs, so that you are properly informed about the costs incurred and are not surprised.

Each canton has an ordinance on notarization fees. It depends on the legal transaction you want to have notarized. Some transactions, e.g. the formation of an AG or GmbH in Switzerland, can be carried out for you by all notaries throughout Switzerland, even though you plan to have the company's registered office in another canton. For notaries of the canton of Lucerne you can find them here: Ordinance on Notarization Fees of the Canton of Lucerne.

Each canton has an ordinance on notarization fees. It depends on the legal transaction you want to have notarized. Some transactions, e.g. the formation of an AG or GmbH in Switzerland, can be carried out for you by all notaries throughout Switzerland, even though you plan to have the company's registered office in another canton. For notaries of the canton of Lucerne you can find them here: Ordinance on Notarization Fees of the Canton of Lucerne.

In each canton, different fees are incurred for this. In the canton of Lucerne, the costs for the creation of a debt certificate consist of the official fees of the land registry (usually 2 ‰ of the pledge amount) and the costs of the public certification at the notaries. The fees can be found here: Ordinance on the Notarization Fees of the Canton of Lucerne.