Lucerne Lawyer-Notaries Practicing Under Corporate Entity Conditions

The supervisory authority ruled on the permissible conditions under which notaries who are also registered lawyers in the Canton of Lucerne can practice their notarial activities under the umbrella of a corporate entity (AG or GmbH). The court reasoned that this practice is allowed if the company is exclusively controlled by registered lawyer-notaries, the lawyer-notary is employed by or holds an office in the company, and crucially, the notarial activity is performed in the lawyer-notary's own name and at their own risk, ensuring personal liability for all notarial legal relationships, including financial and disciplinary matters, although fee assignment to the company and liability insurance payment by the company are permitted. Furthermore, the company's purpose must not be misleading regarding the provision of notarial services, and the lawyer-notary must maintain absolute independence from the company concerning their notarial duties, especially regarding directives and professional secrecy.