Notarial Contract for Switzerland

Notarial Contract Template for Switzerland

A Swiss notarial contract is a formally executed legal document authenticated by a licensed notary public in Switzerland, governed by both federal Swiss law and specific cantonal regulations. This document type requires strict adherence to formal requirements and procedures established under Swiss notarial law, including proper identification of parties, verification of legal capacity, and official certification. The document must be executed in the presence of a Swiss notary public, who ensures compliance with all legal requirements and maintains the document's authenticity and evidentiary value under Swiss law.

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What is a Notarial Contract?

The Notarial Contract is a fundamental legal instrument in Swiss civil law, required for various significant transactions including real estate transfers, company formations, and certain family law matters. Under Swiss law, these contracts must be executed before a licensed notary public who verifies the parties' identities, ensures their understanding of the document's contents, and certifies its authenticity. The notary's role is particularly crucial as they act as an impartial public official, ensuring the transaction's compliance with Swiss legal requirements and protecting all parties' interests. This document type is especially relevant in Switzerland's civil law system, where notarial authentication provides enhanced legal security and evidential value. The format and execution of the Notarial Contract must comply with both federal Swiss law and specific cantonal regulations governing notarial practices.

What sections should be included in a Notarial Contract?

1. Notarial Introduction: Formal introduction including date, place, and notary's official designation

2. Parties: Detailed identification of all parties including full names, dates of birth, citizenship, and domicile as required by Swiss law

3. Background: Context and circumstances leading to the notarial contract

4. Definitions: Key terms used throughout the document

5. Subject Matter: Detailed description of the transaction or legal act being notarized

6. Representations and Warranties: Formal declarations by the parties regarding their legal capacity and authority

7. Rights and Obligations: Detailed description of the parties' respective rights and obligations

8. Costs and Fees: Allocation of notarial fees and other associated costs

9. Governing Law and Jurisdiction: Confirmation of Swiss law application and competent courts

10. Notarial Certifications: Required notarial confirmations and verifications

11. Execution: Formal execution clause and signature requirements

What sections are optional to include in a Notarial Contract?

1. Property Description: Detailed property description for real estate transactions, including land register details

2. Corporate Resolutions: For corporate transactions, relevant company resolutions and authorizations

3. Inheritance Provisions: For succession-related contracts, specific inheritance arrangements

4. Matrimonial Provisions: For marriage contracts or related family law matters

5. Payment Terms: Specific payment arrangements if relevant to the transaction

6. Conditions Precedent: Any conditions that must be fulfilled before the contract takes effect

7. Power of Attorney: If any party is acting through a representative

8. Language Provisions: If the contract is bilingual or involves translation

What schedules should be included in a Notarial Contract?

1. Land Register Extract: Official extract from the land register for real estate transactions

2. Identity Documents: Copies of official identification documents of the parties

3. Corporate Documents: Commercial register extracts, articles of association, or other relevant corporate documents

4. Official Certificates: Any required government certificates or permits

5. Technical Documents: Plans, drawings, or technical specifications if relevant

6. Power of Attorney Documents: Original powers of attorney if representatives are involved

7. Prior Contracts: Relevant previous agreements or documents referenced in the main contract

8. Translation Certificates: Official translations if multiple languages are involved

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Switzerland

Publisher

Genie AI

Document Type

Service Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Banking and Financial Services

Corporate and Commercial

Family Law

Estate Planning

Manufacturing

Construction

Healthcare

Technology

Energy

Agriculture

Hospitality

Relevant Teams

Legal

Compliance

Corporate Secretariat

Real Estate

Risk Management

Corporate Governance

Business Development

Investment

Operations

Property Management

Contract Administration

Relevant Roles

Legal Counsel

Corporate Lawyer

Notary Public

Real Estate Manager

Compliance Officer

Company Secretary

Chief Legal Officer

Property Manager

Contract Manager

Business Development Director

Risk Manager

Corporate Governance Officer

Estate Planning Advisor

Transaction Manager

Investment Director

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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