The Chamber of Notaries of the Grand Duchy of Luxembourg is composed of 36 notaries distributed geographically in all the cantons (with the exception of Vianden) taking into account both the size of the population and the volume of business.
A notary, what is it?
The notary is a public officer, delegate of certain specific powers of the State, characterized by impartiality, independence, and a high professional qualification, practicing her/his profession in a framework close to that of the liberal professions. The profession of a notary is regulated by the law of 9 December 1976.
The notary is appointed by the Grand Duke on the basis of the principle of seniority. The same goes for advancements. The notary may take action throughout the territory of the Grand Duchy of Luxembourg. The notary remains in office until the age of 72, unless she/he resigns, dies or is dismissed before.
In Luxembourg, the number of notaries is limited to 36. The notary positions are spread geographically in all the cantons (except that of Vianden) taking into account both the size of the population and the volume of business. The notary is bound by professional secrecy.
The representation of the profession, as well as the respect of the deontology, are guaranteed by the Chambre des Notaires.
A notary, what for?
The notary’s mission is twofold.
It first drafts so-called notarial or authentic acts relating to legal transactions as well as facts and statements that trigger legal consequences.
In this part of her/his activity, the notary will advise objectively and in a neutral way, all parties and will ensure that the content of her/his act reproduces exactly the common will of all parties involved while being in accordance with the law. As a result, private legal relationships are organized from the outset in a safe and healthy manner, and disputes are therefore kept to a minimum.
The role of the notary is recognized not only by national law but also by European law. According to Article 3 (3) (i) of the Consumer Rights Directive 2011/83 / EU, the notary is “”a public officer required by law to be independent and impartial [to providing complete legal information, the consumer concludes the contract only after careful legal consideration and with full knowledge of its legal significance “”.
The notary is an organ of preventive justice intended to decongest the courts. In this regard, the notary has exclusive jurisdiction to draft all kinds of acts where a building changes ownership (sale, donation, sharing or exchange), to establish or modify a commercial company, to make a mortgage or write a marriage contract.
She /He then gives legal advice on any problem of civil or commercial law, respectively companies. For example, you consult your notary
a) before signing a compromise on a house, an apartment or a place to build,
b) before getting married or “”pacser”” if one has questions about the fate of the buildings that one has or will have as well as about the fate of these same buildings in the event of divorce or death of one of the spouses respectively dissolution of the registered partnership,
c) if you intend to make a will and you are afraid of committing a fault by writing it yourself, which could lead to the invalidity.
Some of the above notarial consulting activities are conducted in competition with other professionals such as trustees or lawyers. In the context of this consultation activity, the notary is also often asked to give her/his opinion on the tax implications (VAT, estate tax or capital gains respectively) of a real estate transaction.
Similarly, many citizens go to the notary to know their hereditary rights or to make the declaration of succession in case of death of a parent, to have their divorce agreement signed by mutual consent, to have their signature legalized .