The remuneration of Notaries shall be paid by those who require their services and shall be regulated by the Notarial Tariff set by the government (Royal Decree 1426/1989, 17 November).
Numbers 1 to 7 of Annex I of the Notarial Tariff approved by Royal Decree 1426/1980, of 17 November 1980, once the amounts contained therein have been converted into euros, shall be worded as follows:
ARTICLE 1
Number 1. Documents without amount.
1. The following amounts shall be charged for public instruments without value: a) Powers of attorney in general: €30.050605.
b) Powers of attorney for litigation: 15.025302 €.
c) Deeds: 36.060720 €.
d) Wills, per grantor: 30.050605 €.
e) Marriage contracts: 30.050605 €.
f) Other documents (civil status, emancipation, recognition of filiation, etc.): €30.050605. 30.050605 €.
2. In the powers of attorney, if there are more than two agents, €6.010121 will be charged for each excess, and for each agent exceeding six, €0.601012.
Number 2. Documents of value.
1 For instruments of value, the fees resulting from applying the following scale to the value of the goods which are the object of the documented business shall be charged: a) When the value does not exceed €6,010.12: €90.151815.
b) For the excess between €6,010.13 and €30,050.60: 4.5 per 1,000.
c) For the excess between €30,050.61 and €60,101.21: 1.50 per 1,000.
d) For the excess between €60,10122 and €150,253.03: 1 per 1000,
e) For the excess between 150.253,04 and 6010120 €: 0.5 per 1.000.
f) For what exceeds 60101211 € up to 6.010.121.04 €: 0.3 per 1000.
For the amount exceeding € 6.010.121.05 the notary shall receive the amount freely agreed with the parties to the contract.
2. The fees set out in paragraph 1 shall be reduced by 25 per cent in the case of personal or mortgage loans and credits.
The reduction shall be 50 per cent in the following cases:
a) Instruments in which, by express provision of the Law, the State, Autonomous Communities, provinces or municipalities or their Autonomous Bodies are obliged to pay notary fees.
b) Instruments in which political parties and trade union organisations are obliged to pay.
c) Loans or advances granted by the different Public Administrations for the promotion and construction of housing.
d) Loans for the subsidised refurbishment of existing housing and primary community facilities.
e) Second or subsequent transfers of buildings and dwellings that have been classified or certified as eligible for protection because they meet the requirements of current legislation. Subrogation, with or without simultaneous novation, and the modifying novation of mortgage loans under Law 2/1994 of 30 March, it being understood that the instrument comprises a single concept. For the calculation of the fees, the figure of the capital pending repayment at the time of the subrogation shall be taken as the basis, and in the case of modifying novations, the figure resulting from applying the differential between the interest of the loan being modified and the new interest to the amount of the mortgage liability in force.
Point f) of paragraph 2* of number 2 of the Annex, introduced by RD. 2616/1996. 20 December ("B.0£ " 22 December), which amends Royal Decrees 1420/1989 and 1427/1989. of 17 November. on the fees of Notaries and Land Registrars in mortgage loan subrogation and novation operations under Law 2/1994. of 30 March.
3. Exemptions or allowances for land consolidation are also exempted. Family farms and others established by Law.
Number 3. Protests.
The following fees will accrue for the protesting acts:
a) If the amount of the bill does not exceed 60.0 €: 3.005061 €.
b) If it is greater than 60.10 € and does not exceed 150.25 €: 4507591 €.
c) If it is more than 150.25 € and does not exceed 300.51 €: 6.010121 €.
d) If it is more than 300.51 € and does not exceed 601.01 €: 9.015182 €.
e) From 601.01 € and upwards, in addition to the last amount, for each 601.01 € excess or fraction thereof: o.601012 €.
In addition, the sum of €3.005061 will be charged in the following cases:
a) For the practice of notification. when the bill of exchange is domiciled outside the limits of the town of residence of the authorising Notary.
b) When the bill of exchange is delivered outside normal business hours.
c) For payment of the bill of exchange at the Notary's office.
6.010121 shall be charged for each hour or fraction thereof, when the bill of exchange is domiciled outside the municipal district where the Notary resides,
Number 4. Copies.
1. 3.005061 for each page or part thereof. From and including the twelfth page, half of the above amount shall be charged.
2. Simple copies shall be charged at the rate of €0.601012 per sheet.
3. In the case of copies of public instruments held in the Historical Archives, or in the District General Archives or in the Notaries' Offices, when they are more than five years old, double fees shall be charged, and in addition, for custody fees, €0.601012 for each year or fraction thereof of the document's age.
4. The notaries in charge of the protocol archives shall issue, free of charge, on unstamped paper, and without prejudice to the reimbursement in due course, the copies of instruments which they must issue at the request of the offices of the State, Autonomous Communities or Local Corporations.
Number 5. Attestations and legalisations.
1. Attestations in general shall be governed by the provisions of number 4.
2. For the authentication of signatures, €6.010121 shall be charged: for each additional signature on the same document, €3.005061 shall be charged.
3. In the legitimisations referred to in Article 262 of the Notarial Regulations, the fees resulting from the application of No. 2 shall be charged with a reduction of 85 per cent.
4. The authenticity certificates of the photocopy of a document made up of several pages in which it is possible to issue a single certificate comprising the whole document by reference to identifying data, shall be charged €3.005061 for the collation procedure and €0.601012 for each additional page.
5 For the authentication certificates, €3.005061 shall also be charged for each notary who authorises them.
6. 6. The certification and legalisation of signatures of the Civil Register certifications shall be charged half of the fees set out in numbers 5.2 and 55.
Number 6. Deposits, exits and others.
1. For the deposit of a closed or holographic will, a fee of €6.010121 shall be charged. When the deposit is withdrawn, a fee of €1202024 shall be charged for each year or fraction thereof, for the rights of conservation and custody.
2. 2. For the opening of the register, €9.015182 plus €0.060101 per page shall be charged. For the service of accession, ratification or any other service on a document, a fee of €3.005061 shall be charged.
3. For leaving the Notary's office, the Notary shall charge for each hour or fraction thereof, except in the case of protest deeds:
a) If it is within the municipal district of his residence: €18.030363.
b) If it is outside the municipal district or on public holidays, or on duty, or outside the office working hours: €24.040484.
In the case of public sale and extrajudicial foreclosure proceedings, the number 2 of the Tariff will be applied for the rights of the head office, on the basis of the price of the auction or adjudication.
In addition, numbers 4, 6.2 and 63 shall apply to the proceedings that may arise.
Number 7. Matrix pages.
The matrix pages, from and including the fifth page onwards, will charge €3.005061 per written side.
In cases of subrogation and modifying novation of mortgage loans under Law 2/1994, of 30th March, on Subrogation and Modification of Mortgage Loans, the matrix pages shall not accrue any amount up to and including the tenth page.
ARTICLE TWO.
In Annex Il of the current Tariff, only the Eleventh and Twelfth General Rules of Application shall be modified as a consequence of the conversion, the wording of which shall henceforth be as follows:
ART. Eleventh
Eleventh.
A complete copy of the Tariff, with its application and additional rules, and a table showing the fees corresponding to bases between 6,010.12 and 300,506.05 € which are multiples of 601.01, shall be available to the public in all Notaries' offices, and this fact shall be announced in a visible place in the Notary's office.
ART. Twelfth
Twelfth.
When the base exceeds 601,012.11, the Notary shall contribute to the Mutualidad Notarial a part of the fees corresponding to the excess in the amount and form established by the Ministry of Justice.
ARTICLE THREE.
The special notary fees accrued for the provision of notarial services at the request of the Land Consolidation Agencies, approved by Royal Decree 2079/1971 of 23 July 1971, shall be as follows:
a) For the notarisation of the deed of reorganisation of the property authorised by the National Land Consolidation and Rural Planning Service and prior examination of the documents: 0.090152 euros per page.
b) For the issuing of the copies that are to serve as titles for the participants in the consolidation with the testimonies contained therein: 0.024040 euros per sheet.
ARTICLE FOUR.
The tariff rights of Notaries, applicable to the first transfer or allocation of housing qualified or declared protected within the scope of Royal Decree 1186/1998. of June 12, and contained in section 2 of its additional provision. They will be the following:
A) FIRST TRANSMISSION OR ALLOCATION OF HOUSING: 60047119 EUROS.
B) WHEN THE HOUSE IS LINKED IN THE PROJECT AND REGISTEREDLY TO A GARAGE SPACE AND, IF APPLICABLE, STORAGE ROOMS OR OTHER ANNEXES TO WHICH THIS ROYAL DECREE REFERS, THE INDICATED AMOUNT WILL BE INCREASED, FOR ALL CONCEPTS, BY THE FOLLOWING AMOUNTS: 9,015182 AND 6.010121 EUROS, RESPECTIVELY.
C) WHEN REAL GUARANTEE IS CONSTITUTED IN THE SAME ACT OF THE FIRST TRANSMISSION OR AWARD TO SECURE THE DEFERRED PRICE, THE INDICATED AMOUNT WILL BE INCREASED. FOR ALL CONCEPTS, IN THE FOLLOWING AMOUNT: 30.020554 EUROS.
FIFTH ARTICLE.
The tariff duties contained in article 8 of Law 41/1980, of July 5, after the wording given to it by article 37 of Royal Decree Law 167/2000, of June 23, will be the following:
a) First transfer or allocation of homes whose useful area does not exceed ninety square meters, as well as, where appropriate, the subrogation in the qualified mortgage loan of each of said homes: 60.047119 euros.
b) When the home has a garage space linked in the project and in the registry. If applicable, storage rooms or other annexes, the fees subject to the ceiling of 60.047119 euros may be increased for all concepts by 9.015182 and 6.010121 euros, respectively,
c) When a real guarantee is established in the same act of the first transfer or award to secure the deferred price, the indicated amount will increase, for all concepts, by 30.020554 euros.
ARTICLE SIX.
When the notarial fees are determined by the value of the document, before applying the corresponding amount or percentage, that value must be converted into euros. with rounding by excess or by default to the nearest cent, in the manner provided for in article 111 of Law 46/1998. of December 17.
When to obtain customs duties a percentage must be applied to an amount expressed in euros, the resulting amount will be taken to six decimal places, rounding up or down to the nearest sixth decimal place, in application of the provisions of the fourth section of article 11 of Law 46/1998, of December 17, in the wording given to it by Law 9/2001. of June 4.
ARTICLE SEVEN.
In those cases in which the notarial fees are obtained by adding the different applicable tariff duties or by percentage reductions or discounts (the validity of which is not altered by this regulation) they will be taken into account when rounding, which in order to Intermediate operations are determined by article 112 of the Euro Introduction Law. The final invoice amount will in all cases be rounded to two decimal places.
Madrid, December 14, 2001.
The General Director.
Ana López Monis Gallego.
Messrs. Notaries and Property and Commercial Registrars of Spain.