Property transfer transactions

Sale of non-residential property (Article A.444-91, Article A.444-129 and Article A.444-131 of the French Commercial Code)

Below 10.000.000 €0%
From 10.000.000 € to 35.000.000 € 20%
Above 35.000.000 € 40%

Sale of residential property (Article A.444-91 of the French Commercial Code)

Below 10.000.000 € 0%
Above 10.000.000 € 10%

Contributions, universal transfer of assets, demerger and/or merger transactions resulting in a transfer of non-residential property (Article A.444-158 of the French Commercial Code)

Below 10.000.000 € 0%
Above 10.000.000 € 40%

Lease transactions on non-residential properties

Long-term lease and assignment of long-term lease (Article A.444-103 and Article A.444-106)

Construction lease (band based on all calculation components) and assignment of construction lease (Article A.444-104 and Article A.444-106)

Below 10.000.000 € 0%
From 10.000.000 € to 35.000.000 € 20%
Above 35.000.000 € 40%

Business financing and redemption certificates

Leasing-purchase agreements and assignment of leasing-purchase agreements (Article A.444-130 and Article A.444-132)

Mortgage to fund a business activity (Article A.444-139)

Redemption certificate(s) (Article A.444-161)

Mortgage assignment deed (Article A.444-136)

Releases (Article A.444-141)

Below 10.000.000 € 0%
From 10.000.000 € to 35.000.000 € 20%
Above 35.000.000 € 40%

Extension of term (Article A.444-168)

Below 10.000.000 € 0%
Above 10.000.000 € 40%

Mortgage to fund a non-business activity

Residential property

Loan less than 20.000.000 € 0%
Loan more than 20.000.000 €10% Discounts applicable from the first euro

Business loan with no mortgage guarantee

Loan less than 10,000,000€ 0%
Loan more than 10,000,000€ 10%

Family-related transactions

Free transfer of unlisted or listed shares or property, exempt from transfer taxes pursuant to Articles 787 B and 787 C of the French General Tax Code (“Dutreil Pact” transfer)

Below 10.000.000 €0%
Above 10.000.000 €40%

All other activities subject to fees proportionate to the value of a property or right (except transfers of real-estate property and rights)

Below 10.000.000 €0%
Above 10.000.000 €10%

New general legislative and regulatory principles

French Act no. 2015-990 on growth, activity and equality of economic opportunities of 6 August 2015 introduces a pricing structure to determine the amount of fees due to notaries for the provision of regulated services. The act offers notaries the option to grant discounts:

  • up to a maximum discount rate determined by decree, where the fee is determined in proportion to the value of a property or right,
  • and where the price band is higher than a threshold determined by order.

In accordance with the provisions of Article L.444.3 of the French Commercial Code, the discount rate granted by a notary must be fixed and the same for everyone. As a result, the discount rate is guaranteed for all clients for an activity in the same category and negotiating individual discounts is no longer allowed.

Notaries are also permitted to receive fees that have been freely negotiated for the provision of services, provided the services concerned are not subject to the pricing structure described above and they have entered into a written fee agreement with their client.

The discounts available as at 24 May 2016 on the fees payable to C&C Notaires for activities subject to regulated pricing are detailed above.