Discount rates as of 1st April 2019
The regulatory rate for Notaries is fixed by:
- Decree n°2016-230 of 26 February 2016 defining the services concerned
- and the decrees of 26 February 2016 and 28 October 2016 fixing the rates (“emoluments”) applied to each of these services.
Law n°2015-990 on growth, activity and equal economic opportunities of 6 August 2015 (known as the “Loi Macron”) allows notaries to grant discounts on the emoluments to be charged.
In line with this new regulation, the discount rates granted by Michelez Notaires are detailed below.
N.B.: The articles referred to below are taken from the French Commercial Code.
FAMILY LAW / ASSETS (DOCUMENTS THAT MAINLY RELATE TO FAMILY MATTERS)
Inter vivos donation (art. A.444-67)
Inter vivos distribution (art. A.444-68)Donation (excluding the “Dutreil” scheme): inter vivos donation accepted without distinction of line, inter vivos distribution, inter vivos donation accepted for debts, cash or listed securities:
Base ranges
Discount rates
(for the corresponding range)Over €5,000,000 10 %
(maximum rebate allowed)Donation (with “Dutreil” scheme): Inter vivos donation accepted without distinction of line, inter vivos distribution, inter vivos donation accepted on receivables, cash or listed securities.
Base ranges
Discount rates
(for the corresponding range)
€5,000,000 – €10,000,000 10 % €10,000,000 – €30,000,000 20 % Over €30,000,000 40 %
(maximum rebate allowed)Voluntary or court-ordered distribution (art A.444-121)
Base ranges Discount rates
(for the corresponding range)€5,000,000 – €10,000,000 5 % Over €10,000,000 10 %
(maximum rebate allowed)PROPERTY LAW ( Documents relating mainly to real estate and land)
DOCUMENTS RELATING TO OWNERSHIP AND TRANSFER OF OWNERSHIP
Private sale or transfer of non-residential or social housing property (Art. A.444.91)
Base ranges Discount rates
(for the corresponding range)€10,000,000 – €20,000,000 10 % €20,000,000 – €30,000,000 20 % Over €30,000,000 40 %
(maximum rebate allowed)Private sale or transfer of residential property (Art. A.444.91)
Base ranges
Discount rates
(for the corresponding range)Over €10,000,000 10 %
(maximum rebate allowed)Pre-sale of residential premises (Art. A.444.95)
Base ranges Discount rates
(for the corresponding range)Over €10,000,000 10 %
(maximum rebate allowed)DOCUMENTS RELATING MAINLY TO LEASES AND THE MANAGEMENT OF PROPERTY AND LAND
Long-term leaseholds (Art. A.444.103), construction leases (Art. A.444.104), assignment of lease (Art. A.444.106).
Base ranges Discount rates
(for the corresponding range)
€10,000,000 – €20,000,000 10 % €20,000,000 – €30,000,000 20 % Over €30,000,000 40 %
(maximum rebate allowed)BANKING LAW - CORPORATE LAW (Documents mainly relating to financial activity)
DOCUMENTS RELATING PRINCIPALLY TO LOANS, DEBTS AND GUARANTEES CORRESPONDING TO FINANCIAL ACTIVITY
Loans to finance professional activities (Art. A.444.139), Mortgage (Art. A.444.136), and receipt (Art. A.444.161)
Base ranges Discount rates
(for the corresponding range)
€10,000,000 – €20,000,000 10% €20,000,000 – €30,000,000 20% Over €30,000,000 40 %
(maximum rebate allowed)Other loans and financing (Art. A.444.143)
Base ranges
Discount rates
(for the corresponding range)Over €10,000,000 10%
(maximum rebate allowed)PROPERTY LEASING TRANSACTIONS
Sale of a property to a leasing company (Art. A.444.129), property leasing agreement (Art. A.444.130), exercise of a property leasing option (Art. A.444.131) and assignment of a property leasing agreement (Art. A.444.132).
Base ranges Discount rates
(for the corresponding range)€10,000,000 – €20,000,000 10% €20,000,000 – €30,000,000 20% Over €30,000,000 40 %
(maximum rebate allowed)DOCUMENTS MAINLY CONCERNING CONTRACTS AND AGREEMENTS RELATED TO BUSINESS ACTIVITY
Contribution, demerger and/or merger, universal transfer of assets (Art. A.444.158).
Non-residential or social housing property
Base ranges Discount rates
(for the corresponding range)
€10,000,000 – €20,000,000 10% €20,000,000 – €30,000,000 20% Over €30,000,000 40 %
(maximum rebat allowed)Residential property:
Base ranges Discount rates
(for the corresponding range)Over €10,000,000 10%
(maximum rebat allowed)OTHER DOCUMENTS
Any documents not listed above that would fall within the scope of the Art. A.444.174 and R.444-10, II
Base ranges Discount rates
(for the corresponding range)
€10,000,000 – €20,000,000 10% €20,000,000 – €30,000,000 20% Over €30,000,000 40 %
(maximum rebate allowed)