Subsection 5: Special provisions for the départements of Bas-Rhin, Haut-Rhin and Moselle

Articles in this section · 11

Article A444-177

French Commercial codeIn force

Updated 4 Nov 2023

Deeds and formalities relating to the land register décret n° 2009-1193 du 7 octobre 2009relatif au livre foncier et à son informatisation dans les départements du Bas-Rhin, du Haut-Rhin et de la Moselle susvisé donnent à la perception des émoluments suivants :

1° The request for the issue of a certificate of non-damageability provided for by the Alsace-Lorraine law of 19 June 1906 on the certificate of non-damageability gives rise to the collection of a fixed fee in accordance with the table below:

Description of service

Fee

Application for a certificate of non-damageability

37.73 €

2° Applications to the land register give rise to the collection of a fee in accordance with the tables below:


Description of service

Fee

a) Request for immediate execution of a deed and requisition

22.63 €

b) Response to intermediate prescription

37.73 €

c) Application for deferred performance of an act (prenotation)

37.73 €

d) Request for separate registration of a right

22.63 €

e) Registration of property following death or in execution of a matrimonial agreement (article 44 of the law of 1st June 1924 implementing French civil legislation in the departments of Bas-Rhin, Haut-Rhin and Moselle

Base brackets

Applicable rate

0 to €6,500

1.9235

From €6,501 to €17,000

1.064%

From €17,001 to €30,000

0.726%

Over €30,000

0.532%

f) Option by the surviving spouse for the acquisition or allocation of the predeceased's own property or for the withdrawal of joint property

Base brackets

Rate applicable

0 to €6,500

3.870%

From €6,501 to €17,000

1.596%

From €17,001 to €60,000

1.064%

Over €30,000

0.799%

g) Other applications

Application to the Land Registry Judge for the consolidation of several registration applications, pursuant to Article 85 of Decree no. 2009-1193 of 7 October 2009

18.86 €

Application to the land registry judge to withdraw an application for registration, pursuant to Article 87 of Decree no. 2009-1193 of 7 October 2009

Request for registration of dispatch in possession, pursuant to Article 59 of Decree no. 2009-1193

Application to cancel the registration of the lien referred to in Article 43 of Decree no. 2009-1193 of 7 October 2009

Request for cancellation of the registration of the mortgage referred to in Article 44 of Decree no. 2009-1193 of 7 October 2009

Request for cancellation of the forced execution notice accompanying a request for registration of the property of the successful bidder, pursuant to Article 97 of Decree no. 2009-1193 of 7 October 2009

Application for cancellation of the registrations referred to in the first paragraph of Article 166 of the Act of 1 June 1924 and in Article 204 of the said Act, pursuant to Article 98 of Decree no. 2009-1193 of 7 October 2009

Request for cancellation of the prenotation or vendor's lien referred to in Article 100 of Decree no. 2009-1193 of 7 October 2009

Request for rectification of an incomplete, incorrect or erroneously struck-off entry or registration under the conditions set out in Article 92 of Decree no. 2009-1193 of 7 October 2009

Request for reinstatement of an inscription that has been totally or partially destroyed or has disappeared, pursuant to Article 93 of Decree no. 2009-1193 of 7 October 2009

h) Request for re-registration of a right following expiry of the initial registration

37.73 €

i) Request for cancellation of rights other than liens and mortgages and requisition

18.86 €

j) Withdrawal of a request

37.73 €

k) Application for renewal of registration of liens and mortgages

37.73 €

l) Formalities relating to the seller's lien referred to in Article 43 of Decree no. 2009-1193 of 7 October 2009, and, where applicable, the right of rescission

Request for registration of the seller's lien referred to in Article 43 of Decree no. 2009-1193 of 7 October 2009, and simultaneously of the right of rescission

18.86 €

Request for separate registration of

vendor's lien


Request for separate registration of right of rescission

Request for cancellation of the right of resolution due to the expiry of a certain date (Article 95 of Decree no. 2009-1193 of 7 October 2009)

m) Release of rights other than liens and mortgages

Base brackets

Rate applicable

0 to €6,500

0.484%

From €6,501 to €17,000

0.266%

From €17,001 to €30,000

0.181%

Over €30,000

0.133%

3° Consent to the listing of a prenotation provided for in the article 39 of the law of 1st June 1924 shall give rise to the collection of a fee equal to half the fee for the deed constituting the prenoted right. This fee is deducted from the final deed if the latter is regularised by the same notary.

4° Deeds and formalities relating to the acquisitive prescription provided for by the article 44-1 of the law of 1st June 1924 shall give rise to the collection of the following fees:


Description of service

Fee

a) Application to the land registry judge for registration of a right to an immovable acquired by prescription or by accession under article 44-1 of the law of 1st June 1924 implementing French civil legislation in the departments of Bas-Rhin, Haut-Rhin and Moselle

Base brackets

Applicable rate

0 to €6,500

0.774%

From €6,501 to €17,000

0.426%

From €17,001 to €30,000

0.290%

Over €30,000

0.213%

b) Application for enforcement of judgment in the land register

22.63 €

c) Acte de notoriété constatant la prescription acquisitive si l'immeuble n'est pas inscrit au livre foncier

Base brackets

Rate applicable

0 to €6,500

0.774%

From €6,501 to €17,000

0.426%

From €17,001 to €30,000

0.290%

Over €30,000

0.213%

d) Certificate as proof of prescription

3.78 €

e) Production of cadastral documents

11.32 €

f) Production of other evidence

56.68 €
Mariela Petrova

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Common Questions

Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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