The tariff corridor disappears, but notaries can enjoy discounts “framed”.
Simplest acts remain subject to a fixed rate.
The government and MPs yesterday found a compromise on the reform of the regulated professions, including the setting of tariffs of notaries. Several MEPs, particularly the general rapporteur of the text, Richard Ferrand, had expressed from the Text panel review of their reservations about the excessive complexity of the system designed by Bercy. This was the rate corridor, which would allow notaries to vary their prices beyond a certain threshold, between a floor price and a ceiling price. “Some members were afraid to put clients notaries in a bargaining position that does not put all on an equal footing” , says one of the Emmanuel Macron cabinet. The minister himself has pleaded “guilty” yesterday, recognizing that it was “deceived ” and that this corridor could result in “perverse effects” .
To get out of this mess and avoid complete removal of the tariff corridor was one of the pillars of the reform, a compromise was reached that allows both parties to save face. For pricing actions, three cases were to be held yesterday by members. For the simplest acts, and therefore the cheapest (family law and the person), the price will remain fixed. At the other end of the spectrum, that is to say, for the acts corresponding to high real estate sales, the price will remain fixed and proportional, but part of the notary fees will be donated to a national and cross-equalization fund, who is able to fund legal aid and the houses of justice and law.
Price negotiable
Third case, and this is all new, intermediate acts have them a reference rate, from which notaries can practice partial remissions and framed: “The amount of discounts granted is fixed and included in the limits defined by regulation” , says the amendment. A practice tolerated today but opaquely and only on the overall rate.
Clearly, instead of letting the price range between a ceiling and a floor, as envisaged in the corridor, the Competition Authority will set a price that will be negotiable. The whole question is, what will be the final proportion of eligible instruments for this negotiation. “This new wording is more in tune with the spirit of the law, which is to track down the complexity and expand the range of possibilities,” Richard defends Ferrand. It is a form of renunciation for the government, but only partial. First, because the discounts are still possible. Then, because Bercy has managed to introduce a form of transparency in setting regulated prices by entrusting this task to the Competition Authority and linking rates notaries Commercial Code. “A regulated price should not be an opaque fare” , insisted yesterday the Minister of Economy, castigating the attacks of notaries on his bill, regretting their “lack of cool “ – Emmanuel Macron reported receiving death threats (and announced he complained) – and job destruction threats ” without serious “ established by the profession.
In addition to the discounts, the real change for notaries customers will be tangible in a second time. That is to say when the Competition Authority has reassessed all the rates, which are expected to significantly decline to a “relevant cost” to a “remuneration reasonable “, as indicated in the legislation. And once ministerial orders issued.
Marie Bellan, Les Echos
The other key points of the text
The measures that have yet to be debated on regulated professions:
free install framed notaries, which should enable more young notaries to settle;
creation a great profession of enforcement that would include bailiffs and judicial auctioneers;
the IPO of professional partnerships to professionals Law them and accountants;.
recruitment Trading clerks by competition
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