Annexes to the regulatory part

I. - In particular, the following services are provided by the professions concerned under the conditions set out in the third paragraph of article L. 444-1, the services listed below:

1° With regard to court-appointed administrators and judicial representatives:

a) All the services provided for in Chapter I of Title I of Book VI of this Code, carried out in the context of an ad hoc mandate, a conciliation procedure, a mandate to enforce the agreement or an expert appraisal;

2° With regard to bailiffs:

a) Services and formalities compatible with the status of judicial officer, and not having a judicial officer's document as a support, in particular:

i. Legal consultations and the drafting of private deeds issued within the scope of the prerogatives assigned to them by Article 56 of Law no. 71-1130 of 31 December 1971 reforming certain judicial and legal professions;

ii. Assignments of assistance or representation before the courts where the judicial officer is authorised to represent the parties;

iii. The amicable collection of debts on behalf of others;

iv. Non-interpellative summonses to pay, as provided for in articles 1344 and 1231-6 of the Civil Code;

b) The activities of voluntary sales of furniture at public auction;

c) Interpellatory summonses, in particular to pay;

d) Dismissals and offers to renew residential leases, provided for :

- in article 1736 of the Civil Code;

- in Act no. 48-1360 du 1er septembre 1948 portant modification et codification de la législation relative aux rapports des bailleurs et locataires ou occupants de locaux d'habitation ou à usage professionnel et instituant des allocations de logement;

- in the article 15 of law n° 89-462 of 6 July 1989 tending to improve rental relations and amending law n° 86-1290 of 23 December 1986;

- to the article 57 A of Law no. 86-1290 of 23 December 1986 designed to promote rental investment, home ownership of social housing and the development of the land supply;

e) Lease terminations and applications to renew commercial leases, as provided for in article L. 145-4 of this code;

f) Drawing up a report other than that referred to in number 112 of table 3-1 appended to article R. 444-3 ;

g) Preparatory drafting for the service of summonses or dismissals.

3° With regard to commercial court clerks:

a) Work, formalities, diligence or assignments falling within their functions that are not listed in Appendix Article 4-7 when issuing, in accordance with legal and regulatory provisions, in particular those of Article R. 123-151 of this code, information and statistics in a form other than certificates, copies or extracts of entries made in the registers kept at the registries and deeds filed in the appendix, of the register of commerce and companies.

4° With regard to notaries:

a) Consultations, provided that they are detachable from the services included on the list provided for in 1° of article R. 444-3;

b) Negotiations, defined as the services whereby the notary, acting by virtue of a written mandate given to him for this purpose by one of the parties, seeks out a co-contractor, discovers him and puts him in contact with his principal, either directly or through the intermediary of the representative of that co-contractor, receives the deed or takes part in its acceptance;

c) Transactions defined as the services whereby the notary responsible for receiving a deed, the completion of which is subject to the resolution of a disagreement, brings the parties together or participates in bringing them together, obtains or participates in obtaining their agreement and draws up the agreement provided for in Article 2044 of the Civil Code ;

d) Contracts of association;

e) Leases governed by Chapter V of Title IV of Book I of this Code;

f) Contracts for the hire of work and industry, wages or works;

g) Company contracts ;

h) Sales of businesses, parts of businesses, production units, branches of business activity;

j) Sales by voluntary auction of furniture and furnishings, retail trees and boats.

II. - Unless otherwise stipulated, the negotiation fee referred to in b of 4° of I is payable by whichever of the parties bears the costs of the deed.

The advertising costs required to find a co-contractor are borne by the notary. However, the principal may undertake to reimburse them to him upon justification up to a sum specified in the mandate.

III. - The fees for negotiation and transaction, mentioned respectively in b and c of 4° of I, are exclusive of each other.

The transaction fee may only be collected by the notary on receipt of the deed and only if the deed mentions the points on which the disagreement arose.