Notaries
Notaries are public and ministerial officers appointed by the Minister of Justice. As public officers, they confer authenticity on the documents they draw up and ensure their preservation. As ministerial officers, they hold an office assigned by the State. Notaries have a monopoly to carry out the missions entrusted to them by the Government.
The reform carried out by the Macron Law aims to gradually rebalance the number of notaries by adapting it to the needs of the French economy and encourage the establishment of young graduates who aspire to breathe fresh life into the service offer, without threatening the viability of the existing offices.
Evolution of the number of professionals
| Period | Notaries |
|---|---|
| In 2015 | 8616 |
| Recommendations 2016 - 2018 | +1650 |
| Recommendations 2018 - 2020 | +700 |
| Recommendations 2021 - 2023 | +250 |
Opinions on freedom of (business) establishment and maps
In accordance with the Law of 6 August 2015, the Autorité issues an opinion to the Minister of Justice on the freedom of (business) establishment of notaries every two years. This opinion is accompanied by a map that identifies those areas where the establishment of offices appears beneficial to strengthen proximity or the offer of services. The proposed map is then validated by a joint decree of the Ministers of Justice and Economy.
In its Opinion No. 16-A-13 of 9 June 2016, the Autorité de la concurrence identified 247 free establishment areas in which it recommended the establishment of 1,650 notaries by 2018. Consult the summary of the opinion.
It also made a number of recommendations designed to promote access to offices.
The Decree of 16 September 2016 issued pursuant to Article 52 of the Law of 6 August 2015 validated the map proposed by the Autorité.
- Scale of the establishment area: employment area
- Free establishment areas: 247
- Controlled establishment areas: 60
- Number of new professionals to be established: 1,650
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During the period of validity of the first map, the Autorité received 308 applications to establish offices in controlled establishment areas. In 22% of the opinions, concerning 17 zones, it considered that it was possible to respond positively to a request for the creation of an office and allow the free establishment of a new notary. These opinions are available in this table.
For more information, please refer to:
- Opinion No. 16-A-13 of 9 June 2016
- the explanatory note on the notion of "recommendations on the rate of establishment compatible with a gradual increase in the number of professionals".
- the press releases from 9 June 2016 and 23 November 2017
- the Decree of 16 September 2016 issued pursuant to Article 52 of Law No. 2015-990 of 6 August 2015 for Growth, Activity and Equal Economic Opportunities
In its Opinion No. 18-A-08 of 31 July 2018, the Autorité assessed the application of the first map and identified 230 free establishment areas in which it recommended the establishment of 700 notaries by 2020.
It also made several recommendations to improve the implementation of the reform.
The Decree of 3 December 2018 issued pursuant to Article 52 of the Law of 6 August 2015 validated the map proposed by the Autorité.
- Scale of the establishment area: employment area
- Free establishment areas: 230
- Controlled establishment areas: 76
- Number of new professionals to be established: 700
(+ the balance of unfulfilled recommendations from the 2016-2018 period)
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Applications in controlled establishment areas can be submitted on the OPM website as of 1 August 2019.
For more information, please refer to:
- Opinion No. 18-A-08 of 31 July 2018
- the press releases of 9 April 2018 (launch of the public consultation), 31 July 2018 (adoption of the opinion) and 6 December 2018 (validation of the map)
- the Decree of 3 December 2018 issued pursuant to Article 52 of Law No. 2015-990 of 6 August 2015 for Growth, Activity and Equal Economic Opportunities
In its Opinion No. 21-A-04 of 28 April 2021, the Autorité adopted a particularly cautious approach in drawing up its proposed map for the establishment of new notaries. It thus recommended the installation of 250 new notaries by 2023.
The Decree of 11 August 2021 issued pursuant to Article 52 of the Law of 6 August 2015 validated the map proposed by the Autorité.
- Scale of the establishment area: employment area
- Number of free establishment areas: 112
- Number of controlled establishment areas: 181
- Number of new professionals to be established: 250
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For more information, please refer to:
- Opinion No. 21-A-04 of 28 April 2021
- Press release of 28 April 2021
- Decree of 11 August 2021