OECD Workshop – 19th November 2021
Assessment and prospects of opening up the French notarial profession to competition in 2015 Lucile Fournereau Deputy head of the service for regulated professions, French competition authority 1
The French notary Monopoly Authenticate and preserve documents
Certainty of date Probative value Enforceability
Create certain documents
Marriage contracts Property sales
Competition Property negociation
Estate agents Lawyers
Legal advice
Lawyers Court bailiffs
Etc. 2
Before 2015…
3
Before 2015… Few creations of new offices (involvement of the profession’s bodies)
+
Supply < Demand
Increasing income of notaries
Population and economic growth
Limited incentive to innovate or increase quality of service
Stable flow of graduates
Limited access to private practice 4
In 2015 : The Macron Law Article 52 Every two years, the Autorité shall submit to the government a map of areas where the creation of offices appears "useful to increase proximity or the provision of services" This map "is accompanied by recommendations on the rate of installation compatible with a gradual increase in the number of professionals in the area in question"
5
6
7
8
6 years after : benefits of the reform Reduced supply deficit in areas with shortages Increased number of younger people and women in the profession 12000
Private notaries 10,000
10000
+ 32%
8000
Offices
6,000
6000
Women private notaries
4000
+ 51% + 37%
2000 2,000 0 2016 2016
2018 2018
2020 2020
9
What’s next ? Improve the reform
Relaxation of the rules on advertising Extension of the reform throughout France Adaptation to market developments
Possible evolution of the reform
Move towards total freedom of establishment ?
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