Established by a recent law, the act recorded by counsel provides greater legal certainty to its signatories.
Previously under French law, it was possible to conclude that two types of action: the private act and deed. The first is between the parties alone, without the intervention of a legal professional. The second, prepared by a notary, provides greater legal certainty to the signatories and is of great probative value. But it has a cost.
Accuracy: certain acts are required to be established by a notary public (sale of a property for example).
Recent legislation has introduced a third category of act: the act countersigned by a lawyer. This is a private document, but which has an effective legal and security enhanced by the signature of the lawyers involved in its conclusion. Indeed, by signing the act, or lawyers attest to having fully informed the party or parties they advise on the legal consequences. In addition, such an act is evidence of writing and signed by the parties.
By using this type of act, the parties to limit the risk of having their annulled or held liable.
Accuracy: unless otherwise specified, the document countersigned by a lawyer is not required to contain the handwritten sometimes required by law (for example, mention the amount of the guaranteed debt in the event of bond subscribed by a private act, for a especially for the benefit of a creditor professional). Warning, this information must nevertheless continue to include in the record, but they can be typed.