Facts
The complainant [X.] is the holder of the St. Gallen law patent and operates a law firm with offices in St. Gallen and Romanshorn/SG. He submitted an application for registration in the Register of Notaries of the Canton of St. Gallen, without being registered in the Bar Register of the Canton of St. Gallen. The Bar Association of the Canton of St. Gallen rejected the application, as lawyers without registration in the Bar Register of the Canton of St. Gallen cannot be registered in the Register of Notaries.
The complainant lodged an appeal with the Administrative Court of the Canton of St. Gallen, which dismissed the appeal. The complainant then filed an appeal with the FSCA and requested that the decision of the Administrative Court be set aside and the Bar Association of the Canton of St. Gallen be instructed to register him in the Register of Notaries.
Considerations
The FSCA examined the appeal and came to the conclusion that the complainant cannot be registered in the Register of Notaries without being registered in the Bar Register of the Canton of St. Gallen. The cantons regulate the requirements for notary activities, and in the Canton of St. Gallen, registration in the Bar Register is a prerequisite for registration in the Register of Notaries.
However, the FSCA pointed out that the complainant, due to his long-standing practical activity as a notary in the Canton of St. Gallen, provides assurance for the professionally impeccable notary activity. It decided that the…