The provisions applicable to the rates applied by notary lawyers were revised by Act No. 2015-990 of 6 August 2015, known as the “Macron Act”. With certain exceptions, the new rate comes into effect on 1 May 2016 (Article 3 of the Order of 26 February 2016 determining the statutory rates of notary lawyers).
Fees for services are now determined by Decree No. 2016-230 of 26 February 2016 (Table 5 of Article R.444-3 of the French Commercial Code). An Order made on the same date determines the fee which corresponds to each of the services (the Reference Legal Rate).
In accordance with Article L.444-2 paragraph 5 of the French Commercial Code, notary lawyers are now free to grant discounts on their fees that can be determined as a proportion of the value of the capital handled, by applying the Reference Legal Rate. This right is, however, regulated (by Article R.444-10 of the French Commercial Code).
The rates of discounts that can be granted are fixed and identical for all clients, which therefore implies that they may not be negotiated.
In the case of several notary lawyers working to provide one paying service, the discount granted by each notary lawyer involved is deducted from their share of the fee that they shall receive (Article R.444-63 of the French Commercial Code), which is determined by the regulations set out by the various Chambers of Notary Lawyers involved (the Paris Regulations).
In accordance with Article R444-10 of the French Commercial Code, the amounts of the discounts (excluding professional dues where applicable) on the fees to be received by Lasaygues are as follows (in French):