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When a transaction presents a
Droit Immobilier

When a transaction presents a

📅 Decision of 22 May 2019🔄 Updated on 17 October 2026⚖️ Cour de cassation👁️ 18 views📖 2 min read

When a transaction is particularly complex and the surrounding circumstances do not rule out any suspicion regarding the origin of the funds in question, the officiating notary is required to verify the source of the funds and to make a declaration to the Tracfin unit. Failure by the notary to comply with their obligations relating to the fight against money laundering, as set out in Articles L. 561-1 et seq. of the Monetary and Financial Code, constitutes a disciplinary breach under Article 30 of the National Notarial Regulation.

Reference decision: Court of Cassation • No. 18-12.101 • 2019-05-22 • View the decision →

This decision sheds important light on your property law. Here is what it changes for you.

The situation

When a transaction is particularly complex and the surrounding circumstances do not rule out any suspicion regarding the origin of the funds in question, the officiating notary is required to verify the source of the funds and to make a declaration to the Tracfin unit. Failure by the notary to comply with their obligations relating to the fight against money laundering, as set out in Articles L. 561-1 et seq. of the Monetary and Financial Code, constitutes a disciplinary breach under Article 30 of the National Notarial Regulation.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Scrupulously respect the legal time limits for appeals
  • Keep all your supporting documents (deeds, instruments, correspondence)
  • Anticipate: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.

📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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Legal information

  • Number: 18-12.101
  • Court: Cour de cassation
  • Decision of: 22 May 2019

Keywords

droit immobilierjurisprudenceimmobilier
Maître Cécile Zakine

About the author

Maître Cécile Zakine — Lawyer at the Alpes-Maritimes Bar, Doctor of Law. Every article in this magazine is based on the analysis of a real court decision, commented and put into perspective by Maître Zakine’s team.

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Disclaimer: The analysis presented on this site is for informational purposes only and does not constitute personalised legal advice. For advice tailored to your situation, contact a qualified lawyer.

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