Fournereau__worshop_NOV 2021_presentation_S4-2

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…

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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"

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6

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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

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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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