Onorarii si taxe
Currently, the fees for notarial services are set through the Order of the Minister of Justice no 46/C from 06.01.2011, published in Official Gazette no 133/22.02.2011.
According to this document, for each notarial service required, the customer shall pay a fee to the notary, which can be a determined amount or gradual, in installments and percentage quotas, applied to the calculation value. In case of complex documents, which comprise more legal operations, the fee is determined and collected for each operation.
By virtue of the fact that the notary has been vested with the exercise of state authority, he also received the obligation and responsibility to collect and disburse some taxes for the state, amounts unrelated to notarial fees.
Thus, depending on the type of document requested, the parties may pay, in addition to the notarial fees, other amounts also, which the notary only charge them to later transfer them to beneficiaries, but which are popularly and improperly still called "notarial fees", i.e.:
Other charges owed for the fulfillment of legal formalities to which the notary is bound through law (ex.: postal fees for the documents to be sent by post to the land registry offices, for services of civil status, tutelary authority, to Electronic Archive of Security Interests, etc.).
Currently, the fees for notarial services are set through the Order of the Minister of Justice no 46/C from 06.01.2011, published in Official Gazette no 133/22.02.2011.
According to this document, for each notarial service required, the customer shall pay a fee to the notary, which can be a determined amount or gradual, in installments and percentage quotas, applied to the calculation value. In case of complex documents, which comprise more legal operations, the fee is determined and collected for each operation.
By virtue of the fact that the notary has been vested with the exercise of state authority, he also received the obligation and responsibility to collect and disburse some taxes for the state, amounts unrelated to notarial fees.
Thus, depending on the type of document requested, the parties may pay, in addition to the notarial fees, other amounts also, which the notary only charge them to later transfer them to beneficiaries, but which are popularly and improperly still called "notarial fees", i.e.:
- income tax on the transfer of property from personal property which, which, according to provisions of art. 771 from the Tax Code, is due to the state by a natural person that transfers the property right or its dismemberments over immovable goods (lands and buildings);
- charge for land registration services provided by the National Agency for Cadaster and Land Registration (A.N.C.P.I.), set through the Order of the Ministry of Administration and Interior no 36/06.04.2009, published in the Official Gazette no 253/16.04.2009;
- taxa pe valoarea adaugată, în cuantum de 24%, care se adaugă la onorariul notarial datorat, conform prevederilor Codului Fiscal;
- value added tax, in the amount of 24%, which is added to the owed notarial fee , in accordance with the provisions of the Tax Code;
- fees for verifications and inscriptions in the unique Registries managed by U.N.N.P.R., according to the provisions of the Civil Code;
Other charges owed for the fulfillment of legal formalities to which the notary is bound through law (ex.: postal fees for the documents to be sent by post to the land registry offices, for services of civil status, tutelary authority, to Electronic Archive of Security Interests, etc.).
