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Modernization notary public’s profession: an expert report has been sent to the Minister of Justice

A report aimed at formulating proposals for the modernization of notary public’s profession has just been tabled by two experts to the Minister of Justice, Koen Geens.

Modernization notary public’s profession: an expert report has been sent to the Minister of Justice

Some interesting tracks are advanced. Here are the highlights:

  • The ability to sign remote deeds (videoconferencing) for some clients. This measure is aimed in particular at banks and contractors who pass numerous notarial deeds each year.
  • The specialization of notaries in certain subjects: the examination system would be reviewed, allowing aspiring notaries, after a general training, to specialize only in certain subjects. They would thus be more readily available for notary offices and would exercise only in their chosen field.
  • The possibility of practicing the profession of notary as an employee. This would respond to the fear that some feel about taking on the responsibility for a notary office as a self-employed person.
  • The increase in the number of notaries. This measure is justified by the growing complexity of the profession, which generates more time for the processing of files.
  • Adjustment of fees in case of acquisition of a property: the key measure of this proposal is the distribution of the notary fees between the buyer (75%) and the seller (25%). This measure aims for greater equity and, it seems, easier access to ownership (the decrease in the cost to the buyer however seems minimal compared to the overall cost of a real estate acquisition ...).
  • The possibility for the notary public to pronounce a divorce in a formal way, thus avoiding the ex-spouse to go to court. 
  • These few measures are interesting and clearly aim to simplify and clarify the profession.

For more information on this topic:

https://justitie.belgium.be/sites/default/files/een_toekomst_voor_de_juridische_beroepen_het_notariaat_-_un_avenir_pour_les_professions_juridiques_le_notariat.pdf

https://www.koengeens.be/fr/news/2018/08/07/projet-relatif-a-l-avenir-de-la-fonction-de-notaire

https://www.fednot.be/fr_FR/-/experten-formuleren-denkpistes-i-v-m-de-verdere-modernisering-van-het-notariaat

https://www.lecho.be/economie-politique/belgique/general/comment-depoussierer-la-profession-de-notaire/10037911.html