Article 1 of the ordinance dated November 2, 1945 defines a notary, or in France a notaire, as a legal expert who maintains a private practice and who is a public officer vested with the authentication power of the French State which permits these persons to both draft and authenticate legally binding agreements, les actes authentiques.
The advantages of a notarized agreement.
A notaire’s duties:
• to assure the legality of the agreement or document being notarized
• to assure the terms of the agreement are fair and respect the interests of each party - a notaire must be both impartial and neutral
• to use their legal and fiscal expertise to inform and advise the parties of the judicial and fiscal ramifications of their actions and to anticipate the effects these choices may have in the future
• to harmonize and reconcile differing points of view between parties
• to participate in the fight against money laundering