What is an authentic deed?
The definitions of notary andauthentic deed are set out in article 1 of the ordinance of November 2, 1945: "Notaries are public officers established to receive all deeds and contracts to which the parties must or wish to give the character of authenticity attached to acts of public authority, and to ensure their date, keep their deposit, and issue grosses and expéditions. "The authentic deed is therefore much more than a simple signed document. It is a deed drawn up, verified and signed by a public official, usually a notary, giving it enhanced legal value.
Also known as a notarial deed, it must be signed in the presence of the notary or through a duly authorized agent. As a public official, the notary is responsible for the content of the deed. By affixing his signature and seal, he confers on this document an authentic value, opposable to all, with probative and enforceable force.
This formalism distinguishes the authentic deed from the private deed, which is signed only by the parties, without the supervision of a legal professional, and has less legal value.
Can an authentic deed be signed remotely?
Since the modernization of the notarial profession and the widespread use of digital technology, it has been possible to sign an electronic authentic deed (AAE). This system, introduced by the decree of February 10, 2005 and reinforced during the health crisis, enables the deed to be dematerialized, without altering its legal value.
Two options are available:
- Electronic signature at the notary's office: the deed is signed on a digital medium at the notary's office, using a qualified electronic signature certificate.
The notary keeps the original in a digital safe;
- Remote signature by videoconference: since 2020, it has been possible to sign certain authentic instruments via a secure videoconferencing system, provided that the notary is present at the office and that the parties identify themselves using an electronic certificate issued by the Agence Nationale des Titres Sécurisés (ANTS). This makes the process easier for expatriates, the elderly or anyone who is geographically distant.
Where are authentic instruments kept, and can they be accessed at any time?
All notarial deeds are kept securely for 75 years (100 years for deeds concerning minors). This is known as a minute notariale: the original deed, signed by the notary and the parties, and archived for life.
Traditionally, these minutes were physically stored in the notary's office, in a room dedicated to archiving. Today, however, with dematerialization, electronic authentic instruments (AAE) are stored in a centralized digital safe, managed by the notarial profession via the Conseil Supérieur du Notariat platform.
It is always possible to ask your notary for a copy of a deed, provided you have a legitimate interest or are a party to the deed.
If the firm has closed or been sold, the archives are transferred to the successor notary. For older deeds, a central notarial archive can be consulted.