For the entrepreneur, the choice of trusted professionals around him is a key element of success. In terms of legal advice and services, notaries and lawyers offer a multitude of similar services. What are the equivalences and nuances between these two professionals who often cross paths to conquer the same entrepreneur?
Notaries and lawyers share several common fields of expertise and fields of practice. They are both specialists in law and they have essentially the same legal training. For several years, they have distinguished themselves through specialized courses. But the mechanism for developing skills remains identical and at the same level for both groups of lawyers. It is first and foremost their vision and their approach to law which are different. You can also get in touch with the M&A advisory to buy or sell any businesses.
“The notary is a contract professional. He advises the parties, he captures their will, adjusts the act to legality, drafts it, and authenticates it. He must be impartial, ensure the fairness of contracts, seek the right balance between the parties. And above all guarantee the compliance of the act with the law. »
Source: International Union of Notaries
THE FUNDAMENTAL DIFFERENCE
The notary approaches the law from the perspective of an agreement and not from the perspective of litigation. He intervenes in matters where agreement reigns. For a commercial transaction or an agreement between shareholders. The notary works fairly with the two parties who must confirm their intentions together before concluding an agreement professionals. The same logic applies to mediation, which implies that the parties want to resolve a dispute themselves. The lawyer is mainly trained to act in adversity. Because he must always defend the position of his client in anticipation of a legal fight. It has no fundamental obligation to be neutral, impartial, or fair. The settlement between the parties will come from outside, that is from a court.
The preventive nature of the notary’s work. And his willingness to find alternatives to the court to resolve conflicting situations promote agreement. And the smooth running of the business.
The duties of impartiality and equality of the notary make him an outstanding professional to act as a mediator. The statistics on the confidence expressed by the population in notaries speak for themselves.
SOME PARTICULARITIES
The notary is a public officer who works to draft particularly important deeds, with a professional obligation to prevent conflicts. The notary is the only jurist who gives exceptional probative force to the drafting of his deeds. Which constitute a legal value far superior to other types of contractual documents. It is very difficult to attack a notarial deed, which deed has unequaled legal certainty in the field of business.
The field of competence reserved for lawyers is this exclusive power of representation. Before the courts when there is a dispute or litigation. The lawyer is the only one who can plead in court in a litigation context. The notary can also present requests to the court, but only in a non-contentious procedure.
REASONS FOR CHOOSING
The greatest advantages for business people are the legal force and legal certainty of notarized contractual writings, which are difficult to challenge professionals: sale of a business with the help of M&A advisory, shareholder agreement, supplier contracts, franchise, etc.
By his code of ethics, the notary is required to inform the parties. About the scope of the contract to be signed. It is a form of prior mediation and active impartiality that anticipates and eliminates the possibility of disputes.
The preventive nature of the notary’s work. And his willingness to find alternatives to the court to resolve conflicting situations promote agreement and the smooth running of the business.
The duties of impartiality and equality of the notary make him an outstanding professional to act as a mediator. The statistics on the confidence expressed by the population in notaries speak for themselves.
