Notary Services in Switzerland

Many foreign citizens and investors who come to Switzerland will need specialized assistance when completing various actions. Some of them need to rely on a notary in Switzerland who can authenticate various documents.

 

There are various services that can be provided by a notary public in Switzerland, which is why it good to request them before arriving in the country.

 

Below, our lawyers in Switzerland explain the main services provided by public notaries in this country. Also, you can rely on us for various legal services.
 

 

Legal requirements applicable to notaries in Switzerland

• the self-employed one which is available in cantons such as Bern, Geneva and Neuchâtel;
• the stat-employed one which applies to notaries in cantons such as Zurich and Schaffhausen;
• the hybrid system which implies both self and state-employed notaries in cantons like Basel-Land, St. Gallen and Zug.

 

 

In order to become a notary in Switzerland, one must attend a special course followed by an examination. Each Swiss canton has its own regulations and regulatory body that supervises public notaries. The Swiss Notaries Association and the Federation of Notaries are the national regulatory bodies when it comes to the supervision of public notaries. 

 

Even if the power of authentication is given to a Swiss notary by the cantonal authority, a certified document will be recognized in all other cantons. When it comes to Swiss real estate rights, all documents must be authenticated within the canton where the property is situated. Each canton has its own notarial system, as follows:

 

 

 

Self-employed notaries in Switzerland are required to have a legal education. In certain cantons, Swiss notaries are required to complete a course with a Master’s of Law and an additional 2-year training, then undergo a complex examination. State-employed notaries in Switzerland are not required to have a degree. Both types of Swiss notaries have power of authentication. For a complete range of legal services on this matter you can rely on our lawyers in Switzerland.

 

Requirements to become a notary in Switzerland

 

 

 

Notarial documents are internationally recognized records prepared and executed by notaries and authenticated with a signature and an official seal. Amongst the numerous types of notarial services available in Switzerland, we mention the following services, which can be requested by both Swiss citizens and foreign persons:

 

 

Foreign and local entrepreneurs will usually use the services of public notaries in Switzerland when entering various commercial contracts and when setting up companies.

 

An important aspect to consider when working with a Swiss notary is that the choice must be made in accordance with the canton the investor will do business in. As mentioned above, each Swiss canton has its own local regulations when it comes to the appointment of notary officers who can provide various services to the public.

 

This is also one of the main reasons to first verify the regulations of every canton when starting a business.

 

A public notary can help with the drafting and authentication of company documents, such as Memorandum and Articles of Association of corporate business forms. The Swiss notary will also be in charge of drafting partnership agreements, where this is the preferred legal entity used by entrepreneurs.

 

Amendments related to the Articles of Association of a company also need to be certified by a notary, as well as the drafting of documents related to mergers and acquisitions.

 

One of the most important changes that can be brought to a Swiss company’s statutory documents refers to the increase of decrease of the capital. These must be filed with the Trade Register which will not accept them if they are not authenticated by a public notary.

 

These must contain specific elements and a public notary in collaboration with a Swiss lawyer can provide the necessary assistance when drafting such papers.

 

Also, shareholders agreements can be certified by public notaries where the members in a company decide for one.

 

Those who decide to operate under other business form will also need the services of a public notary. Franchise agreements and joint venture contracts can be drafted by our law firm in Switzerland followed by the authentication of a local notary.

 

Our lawyers in Switzerland can offer detailed information on the main public notaries that can be obtained in various cantons.

 

The creation of foundations and associations, as well as that of trusts, can also be completed with the help of a public notary in Switzerland who must certify the document.

 

The notary public is essential in the Swiss business environment, however, the local legislation must be respected when using such services.

 

Public notaries fall under the regulations of the Civil Law and part of their services cover natural persons who can use their services in matters like:

 

 

Also, in the case of foreign citizens, certified copies of their identification papers are required in many situations.

 

When preparing a will, it is important to note that the person can draft it him/herself in the presence of two witnesses and then have it authenticated by a Swiss notary.

 

These services can also be offered by lawyers in Switzerland in certain cantons, and for tailored guidance, we recommend you discuss with our attorneys.

 

Use the services of our notary in Zurich

• issuance of legalized powers of attorney;
• apostille services;
• contract authentication;
• support in drafting documents that require legalization.

 

 

In most cases, the notary is chosen based on recommendations, however, this is more difficult when it comes to foreign citizens and entrepreneurs coming to Switzerland for the first time. In their case, the best option is to choose a public notary from one of the regulatory bodies of this profession, the Notaries Association being one of them.

 

Also, depending on the Swiss canton the person is in, one can choose between self-employed and state notaries.

 

If you decide to work with our Swiss law firm, we can help in various matters, including in recommending you a public notary where the respective service cannot be provided by us.

 

If you need notary services in other countries, such as UK, we can put you in touch with our local partners. 

 

Documents that can be authenticated by a notary public in Switzerland

1. all types of contracts concluded under the Swiss Civil Code, including those signed by natural persons and companies;
2. partnership deeds which must be certified by local public notaries before the partnership is registered;
3. testaments which must be authenticated by a notary public in Switzerland in order to be valid;
4. pre-sale and sale-purchase agreements related to real estate property located in Switzerland;
5. prenuptial contracts must also be authenticated where the spouses want to enter such agreements.

• the company’s Memorandum and Articles of Association;
• merger and acquisition contracts;
• documents related to the transfer of shares;
• documents required upon the liquidation of companies.

 

Both local and foreign persons who are married in Switzerland are entitled to enter a marital agreement in this country and, in the case of foreigners, they can choose the property regime stipulated by the country of origin, or by the one available in Switzerland. Since there are numerous options in this sense, it is advisable to receive legal assistance from our team of Swiss lawyers, who can advise on the most suitable option. 

 

It is important to know that if foreigners living in Switzerland as married persons have not entered a marital agreement (which can be concluded at a public notary in this country), they will become subjects to the Swiss national legislation on the matter, which stipulates the rights and obligations regarding individual property and acquired property. 

 

 

When purchasing a property in Switzerland, it is compulsory to request the services of a public notary located in the canton where the property is registered. The sale-purchase contract is considered valid under the Swiss legislation only in the situation in which a notary certified the respective document, which has to be signed by the seller, the buyer and notary. 

 

After signing the respective document, the notary is the entity who will notify the relevant authorities (in this case, the Land Register) on the change of ownership and only after this procedure is completed, the person can be considered the new owner of the Swiss property. 

 

The procedure that is completed through a public notary will incur a fee, which depends on the canton in which the transaction is concluded and it is necessary to know that both the seller and the purchaser are required to participate in the payment of the notary fee.  

 

Why invest in Switzerland

 

• in 2019, Foreign Direct Investment (FDI) inflow in Switzerland was 21,7 billion USD;
• in the same year, the Swiss FDI stock stood at 1,3 trillion USD;
• Switzerland ranked 13^th in the Foreign Direct Investment Confidence Index issued by AT Kearney;
• Switzerland ranked 36^th in the 2020 Doing Business Report issued by the World Bank.

 

You can contact our law firm in Switzerland for complete information related to notarial services available in each canton; our attorneys can provide more details on the documents that have to be prepared when requesting a specific notarial service in this country and can verify if the respective documents are completed following the legislation on the matter.