Signing at a French notary remotely: power of attorney

Three ways to avoid travelling

In all three cases, the notary executing the deed of sale checks the validity of the power of attorney given by the absent party, just as they check the identity and legal capacity of the parties (service-public.gouv.fr).

The power of attorney: private or notarised?

Service-public.gouv.fr states that the absent party may give a third party a private power of attorney, and that their representation is mentioned in the deed of sale. Powers of attorney are annexed to the deed, unless they are lodged among the records (minutes) of the notary drafting the deed, which the deed then mentions (1971 decree, art. 21).

The notarised form becomes compulsory when the deed requires it. This is the case for a contractual mortgage: it “is granted by notarial deed” and “the mandate to mortgage is given in the same form” (Civil Code, art. 2409) (our translation). An absent buyer financing the purchase with a loan secured by a contractual mortgage must therefore give an authenticated power of attorney (procuration authentique). The notary indicates the form required depending on the deeds to be signed.

The remote notarised power of attorney

Decree no. 2020-1422 of 20 November 2020 created article 20-1 of the decree of 26 November 1971, last amended by decree no. 2025-538 of 13 June 2025, applicable since 1 October 2025. It allows a notary to draw up a power of attorney in electronic form where one or more parties are not present before them. In practice:

• the person’s identity is checked using a system set up by the Conseil supérieur du notariat (the national governing body of French notaries);
• their consent is obtained by video conference, using a system meeting the conditions of article 16 of the same decree: a system approved by the Conseil supérieur du notariat, guaranteeing security, integrity and confidentiality;
• immediately after obtaining their consent, the notary obtains their signature by means of a qualified electronic signature process;
• the power of attorney is complete “when the notary affixes their qualified electronic signature to it” (art. 20-1).

Diplomatie.gouv.fr stresses that this arrangement makes it possible to draw up an authenticated power of attorney “without involving the consulates”: all you need to do is contact a notary in France.

The deed with a second notary

Article 20 of the same decree deals with another situation: a party is neither present nor represented before the notary executing the deed. Their consent is then obtained by another notary, before whom they appear in person or through a representative, and who takes part in drawing up the deed by video conference. The second notary obtains the party’s consent and signature, then affixes their own signature; the deed is complete when the executing notary affixes their qualified electronic signature to it. This approach avoids the need for a power of attorney: the party signs the deed of sale themselves, but at the office of a notary near where they live.

This second notary should not be confused with a more common situation: the seller and buyer may choose the same notary or each have their own, whether or not they sign remotely. In that case, the amount of notarial fees stays the same: the fees are shared between the two notaries (service-public.gouv.fr). Having your own notary therefore does not double the cost of the deed.

From abroad: consulate, local notary, apostille

A buyer or seller living outside France does not have the same options depending on whether they are a French national living abroad or a foreign, non-French national (diplomatie.gouv.fr).

With a notary in France: the remote notarised power of attorney (art. 20-1), without going through the consulate.

For French nationals living abroad:

• Quebec: under agreements between the Conseil supérieur du notariat and the Chambre des notaires du Québec (Quebec’s chamber of notaries), French nationals living in Quebec City and Montreal can have an authenticated power of attorney drawn up by a Quebec notary, recognised as a power of attorney received in France.
• Private power of attorney: once the notary in France has drawn up the draft, the signature is certified at the competent consulate. For a French national who is resident and registered with the consular services, this certification of signature is all that is required. It costs €15 for a person registered on the register of French nationals living abroad, €30 otherwise (service-public.gouv.fr).

For a foreign, non-French buyer or seller:

• Private power of attorney: the signatory must first have their signature certified by a public authority of their own country (diplomatie.gouv.fr).
• Document from a local authority (foreign notary, or signature certified locally): in principle it must be legalised, that is, pre-legalised by the authority of the country and then super-legalised by the French embassy or consulate, unless exempted or an apostille is provided for by a convention. The rules depend on the country.

The apostille comes from the Hague Convention of 5 October 1961. The French foreign ministry’s table shows, country by country and by type of document, whether the document must be legalised, apostilled or is exempt. For notarial deeds, Canada has been under the apostille system since it acceded on 11 January 2024, as has the United States (table of 15 September 2026). A document written in a foreign language must be accompanied by a French translation by an authorised translator, made before legalisation (service-public.gouv.fr). See also the guide achat immobilier par un non-résident (buying property as a non-resident).

Which professional to consult

The notaire (notary) handling the sale chooses the form of power of attorney suited to the deeds to be signed, drafts it and arranges the video conference or the involvement of a second notary. Let them know as soon as the compromis (preliminary sale contract) is signed: legalisation or an apostille abroad takes time, and the power of attorney must be in order on the day of the signature de l’acte (signing of the deed).