Notarial Fees

Legal framework

 

Authenticator fees in the Canton of Aargau are set in the decree on notarial tariffs of the Grand Council dated 30th August 2011. Section 69 (1) sentence 2 of the Swiss Notarisation Act, whereby the schedule of fees (unconditional) can be derogated downwards, is currently the subject of judicial review proceedings before the Administrative Court. Additional costs are usually incurred from the following:

 

a) Land Registry pursuant to

  • Law on Land Registry charges
  • Decree on Land Registry fees

 

b) Commercial Registry Office pursuant to

  • Ordinance on fees for the Commercial Registry

 

c) Land surveyors

  • These costs are to be clarified with the relevant cantonal surveyor.

 

d) Other government offices for inheritance documents, marriage certificates, death certificates, family

    certificates, license fees, etc.

Implementation of the decree on notarial tariffs dated 30th August 2011

 

1.     Time and expense tariff

Since 1st January 2013, most transactions and services provided by authenticators from the Canton of Aargau are charged according to the amount of time needed. This applies in particular to:

 

a) Property law:

Parcelling, substantiation of establishing easements, charges and mortgages on the property as well als notes and priority notices and contracts for establishing commonhold property.

 

b) Marriage and inheritance and adult protection law:

Marriage contracts, property contracts according to Article 25 PartG, testamentary dispositions, inheritance contracts, inventory of spouses' assets (or partners according to PartG) and provision contracts.

 

c) Corporate law:

All corporate documents, for example, establishment of a corporation, limited company, establishment of a foundation, amendments to the articles of association, capital increases or reductions, change of foundation deeds, merger decisions, conversions, etc.

 

d) Miscellaneous:

Creation of increase protocols, notarisation of a preliminary as well as the creation or transfer of first refusal or repurchase rights, protest of a bill, establishment of a pledging contract, where land is transferred, notarisation of guarantees.

 

The hourly rate for authenticators shall not exceed CHF 300.00. The amount of the hourly rate will be agreed on a case-by-case basis, and preferably in writing. For notarisation services, for which there ist no specific tariff heading, the fee shall be charged according to the amount of time required.

 

 

2.     Per thousand tariff

a)

The fee for the notarisation of contracts concerning the transfer of ownership of land and establishment of separate and long-term building permits is based on the contract value and amounts to:

 

- 4 ‰ up to CHF 600,000.00 and not less than CHF 300.00

- plus 2 ‰ of CHF 600,000.00 to CHF 3,000,000.00

- plus 1 ‰ from CHF 3,000,001.00, not more than CHF 20,000.00

 

b)

The fee for the establishment and increase of mortgages is based on the equity and amounts to two-thirds of the rates from section a) described above, but not more than CHF 7,500.00.

 

c)

With the per thousand tariff, the fees for the actual notarisation act and the necessary preparation and follow-up usually associated with the transaction are included. Any additional preparation and follow-up required will be charged according to the time and expense tariff.

 

d)

If a transaction is not concluded, it will be calculated according to time and effort. However, the fee shall not exceed the remuneration according to the per thousand tariff for a concluded transaction.

 

 

3.     Fixed tariff

Fees for authentication:

 

- Authentication of a signature or a translation: CHF 20.00

- Authentication of copies which are presented to the authenticator: CHF 10.00 for the first page

  and CHF 5.00 for each additional page

- Authentication of copies which the authenticator has created themselves: CHF 1.00 for each page

 

 

4.     Expenses

The authenticator is entitled to be reimbursed for any necessary expenses incurred (postage, cummunication expenses, copies, travel expenses and the like) as well as any VAT to pe paid. The remuneration for a copied page ist CHF 0.50.

 

The remuneration for each kilometre driven is based on the regulation on expenses, attendance fees and other compensation dated 31st January 2001 (SAR 165.171) and currently amounts to CHF 0.70 per kilometre (up to 4,000 km) for cars and CHF 0.30 per kilometre for motorcycles or scooters.

 

 

5.     Third-party costs

Third-party costs such as registration fees (e.g. land register and commercial register), surveyor fees or taxes, which are levied or required as a result of the notarial transaction (e.g. capital gains taxes) are not included in the above charges.

 

 

6.     Invoicing

The authenticator will provide a detailed statement of account. VAT is also payable on top of the rates stated in section 1-4 above.

Contractus AG

Advokatur- und Notariatsbüro

Lenzburgerstrasse 2

Postfach 112

5702 Niederlenz

 

Telefon +41 (0)62 885 30 40

Telefax +41 (0)62 885 30 45

info@contractus.ch

www.contractus.ch

 

 

In Kooperation mit:

Spahni Stein Rechtsanwälte

Florastrasse 44

8008 Zürich

 

Telefon +41 (0)43 488 52 60

Telefax +41 (0)43 499 80 56

info@lawbiz.ch

www.lawbiz.ch