Question 20021 — judicial and legal professions

Summary

Ms. Lise Magnier draws the attention of Ms. Keeper of the Seals, Minister of Justice, to the end of the accreditation period for notary clerks. Law No. 2015-990 of August 6, 2015 for growth, activity and equal economic opportunities put an end to the possibility for notaries of authorizing notary clerks to read deeds and collect the signatures of the parties. Article 53 of the law in question repeals article 10 of the law of 25 Nivôse year XI containing the organization of notaries and providing for authorization. The deletion was implemented on August 1, 2016 for clerks authorized before January 1, 2015. The purpose of the delayed entry into force was to allow authorized clerks sufficient time to begin the process of becoming an employed notary or setting up on their own. However, the duration left to professionals does not did not allow them to retrain within a reasonable time frame. A bill definitively passed on July 13, 2016 postponed the end of the authorization period for notary clerks to December 31, 2020 and modifies article 53 previously cited. Furthermore, a decree of May 20, 2016 reviews the conditions of exemption for notary clerks to become a notary. The exemption concerns notary clerks who do not complete the obligation to hold a master's degree in law or notarial science. These are clerks who have been authorized for more than fifteen years or for 5 years if they have a first clerk's diploma or from the notarial professions institute, subject to passing an exam. Out of 9,558 notary clerks as of January 1, 2015, 14% do not meet any conditions and 28% have a first clerk or institute diploma. There is an inequality denounced between the clerks, some of whom, due to lack of technical knowledge, could not be a notary despite extensive acquired experience. Finally, a bill dated January 17, 2018 proposes to extend the deadline for the end of authorization to December 31, 2030 to allow clerics to practice until their retirement and avoid losing their job. Thus, she asks what is the position of the Government in order to resolve the problem access to notary functions for clerks who no longer have authorization. .

Machine translation from French. The official text remains authoritative.

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