Fees
In accordance with the provisions on notaries' fees contained in Articles L 444-1 et seq. of the French Commercial Code, in Decree 2016-230 of 26 February 2016 and in the implementing bylaw of the same date, a distinction must be drawn between the emoluments set by these regulatory provisions for certain services defined therein and the fees freely agreed for all other services.
Pursuant to these provisions, the amount of the reduction on the emoluments to be collected by the Office, for the services defined below, is set as follows:
Pursuant to these provisions, the amount of the reduction on the emoluments to be collected by the Office, for the services defined below, is set as follows:
I/ Sale (Art A 444-91, no. 54) – Auction sale of property not terminating the indivision (A 444-87-1°-b, no. 48) – Bilateral exchange (A 444-117-1°, no. 96) – Sale to a leasing company by a third party (A 444-129, no. 113) – Exercise of a leasing contract option (A 444-131, no. 115) – Assignment of leasing contract for a price (A 444-132-2°, no. 117) – Lease assignment other than a building lease (A 444-106-2°-b, no. 81) – Giving in payment (A 444-133, no. 118) – Creation of servitude and Party wall agreement (A 444-115, no. 92):
- For non-residential or social housing property or rights (Art R444-10 II 2:
- On the portion of emolument calculated on the assessment bracket exceeding Twenty (20) Million Euros: 40%
- For residential property or rights:
- On the portion of emolument calculated on the assessment bracket exceeding Twenty (20) Million Euros: 10%
This reduction will therefore apply to the regulatory fee as follows:
Assessment brackets Rates
- From €0 to €6,500 3.945%
- From €6,500 to €17,000 1.627%
- From €17,000 to €60,000 1.085%
- Above €60,000 0.814%
II/ Companies: Contribution – Merger – Total transfer of real-estate assets and rights giving rise to registration (A 444-158, no. 159) and Transfer of ownership or enjoyment between local authorities and/or public establishments (A 444-90, no. 53):
- For non-residential or social housing property or rights (Art R444-10 II 2:
- On the portion of emolument calculated on the assessment bracket exceeding Thirty (30) Million Euros: 40%
- For residential property or rights:
- On the portion of emolument calculated on the assessment bracket exceeding Thirty (30) Million Euros: 10%
This reduction will therefore apply to the regulatory fee as follows:
Assessment brackets Rates
- From €0 to €6,500 1.972%
- From €6,500 to €17,000 0.814%
- From €17,000 to €60,000 0.542%
- Above €60,000 0.407%
III/ Emphyteutic lease (A 444-103-4°, no. 77) – Building or renovation lease (A 444-104, no. 78) – Building lease assignment (A 444-106-1°, no. 82):
- For non-residential or social housing property or rights (art R444-10 II 2:
- On the portion of emolument calculated on the assessment bracket exceeding Fifteen (15) Million Euros: 40%
- For residential property or rights:
- On the portion of emolument calculated on the assessment bracket exceeding Fifteen (15) Million Euros: 10%
This reduction for emphyteutic leases will therefore apply to the regulatory fee as follows:
Assessment brackets Rates
- From €0 to €6,500 3.353%
- From €6,500 to €17,000 1.844%
- From €17,000 to €30,000 1.257%
- Above €30,000 0.922%
And for the building lease on the fee provided for in Article A 444-104, and for the building lease assignment on the fee provided for in Article A 444-106-1°, on each of its components.
IV/ Mortgage loan intended to finance a professional activity (A 444-139, no. 128) – Mortgage charge (A 444-136, no. 123) – Suretyship (A 444-127, no. 111) – Discharge (A 444-161, no. 164 to 166) – Extension (A 444-168, no. 177) – Leasing contract (A 444-130, no. 114) – Leasing contract assignment (A 444-132-1°, no. 116):
- For non-residential or social housing property or rights (art R444-10 II 2:
- On the portion of emolument calculated on the assessment bracket exceeding Twenty (20) Million Euros: 40%
- For residential property or rights:
- On the portion of emolument calculated on the assessment bracket exceeding Twenty (20) Million Euros: 10%
This reduction for the professional mortgage loan, the mortgage charge and the ancillary suretyship will apply to the regulatory fees as follows:
Assessment brackets Rates
- From €0 to €6,500 2.170%
- From €6,500 to €17,000 0.895%
- From €17,000 to €60,000 0.597%
- Above €60,000 0.447%
And for the discharge on the fee provided for in Article A 444-161, for the extension of a mortgage loan on the fee provided for in Article A 444-168, for the Leasing contract on the fee provided for in Article A 444-130, and for the leasing contract assignment on the fee provided for in Article A 444-132-1°.
V/ Discharge of mortgage, lien and pledge (A 444-141, no. 132 to 134) – Perfect delegation of debts (A 444-134, no. 119 and 120):
- For non-residential or social housing property or rights (art R444-10 II 2:
- On the portion of emolument calculated on the assessment bracket exceeding Twenty (20) Million Euros: 40%
- For residential property or rights:
- On the portion of emolument calculated on the assessment bracket exceeding Twenty (20) Million Euros: 10%
This reduction for discharges will apply on the regulatory fee as follows:
Assessment brackets Rates
- From €0 to €6,500 0.493%
- From €6,500 to €17,000 0.271%
- From €17,000 to €30,000 0.185%
- Above €30,000 0.136%
And for perfect delegations of debts on the fee provided for in Article A 444-134.
VI/ Acts relating mainly to the family (paragraph 1 of the bylaw of 26/02/2016): on the portion of emolument calculated on the assessment bracket exceeding Ten (10) Million Euros: 10%, gratuitous conveyances benefitting from the exemptions of Articles 787B and 787C of the French Tax Code (Dutreil system):
10%, gratuitous conveyances benefitting from the exemptions of Articles 787B and 787C of the French Tax Code (Dutreil system):On the portion of emolument calculated on the assessment bracket exceeding Ten (10) Million Euros: 40%.
Except for the reductions of emoluments provided for in II of Article R444-10 of decree 2016-230 of 26 February 2016 (concerning non-residential or social housing property or rights and operations covered by the Dutreil system), social security contributions (CRPCEN) and professional contributions (CSN, CNIP) are due on all the emoluments including the portion to which a reduction applies. At present, these contributions represent 16% of the amount of emoluments.