Does anybody else pay the notary public fee according to the law?

Conchman

Conchman

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We recently signed a contract and had it notarized. Surprisingly, I got a bill from the notary public in the amount of US$2,900 where she claims the company has to pay a percentage of the contract value according to law no. 301, del Notario del 30 Junio de 1964, G.O. 7870, Capitulo IV, Articulo 67, ordinal Decimo.

As the contract was an option and no money exchanged hands, I am surprised that we have to pay this. I will check with our lawyers too but just in case they are in cahouts with the 'notary mafia' I wanted to get other opinions about this.

Has anybody else had similar situation with notary publics?
 
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Lambada

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I had a contract notarised recently (admittedly by a friend of the lawyer drawing up the contract who is also a friend) & it cost RD$400. The contract was the revamping of a car purchase so that I could pay the transfer taxes (previous owner had died so no possibility of doing it the 'normal' way ;) ). The 'value' of the contract would have been the original stated price for the vehicle but there was absolutely no mention of paying a percentage of the contract value. However, this was an individual person contract, not a company one.
 
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planner

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I've never heard of anyone paying a notary that way. Most I have seen is equivalent of $50 US.
 
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SosuaJoe

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Conch: Never take legal advice on a contract or bill from the author of said contract or bill.

First up: Speak to another lawyer about this.
Second: Most decent lawyers will charge either nothing or a nominal fee for notarizing (I can't remember the last time I had to pay for notary services. Even when I insist on paying, they refuse my money. And let's be honest, you're a much better potential client than I am)
Third: Get the price before you accept services
Fourth: Post the lawyer's name so we know which lawyer it is who has decided a quick buck now is worth more than your long-term business.

Let us know how you go.

Cheers!

Joe
 
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Fabio J. Guzman

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There is a minimum fee by law for when the notary public drafts the contract, depending on the value involved. (Remember that in the Dominican Republic, as in continental Europe, notaries are lawyers).

There is another fee, much lower, for when the notary public just witnesses the signatures.

In both cases, Law #301 just establishes minimum fees, usually out of date because of inflation.

If what occurred in your case was a simple authentication of signatures, a $2900 fee would be outrageous. Actual fees for authentications run from $15 to $50 US.
 
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leehall

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Lambada said:
I had a contract notarised recently (admittedly by a friend of the lawyer drawing up the contract who is also a friend) & it cost RD$400.
Click to expand...

$RDS400 !!! I keep getting overcharged for everything. I had to pay $RDS500 for a notary last week. When will I ever learn?
 
Conchman

Conchman

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SosuaJoe said:
Conch: Never take legal advice on a contract or bill from the author of said contract or bill.

First up: Speak to another lawyer about this.
Second: Most decent lawyers will charge either nothing or a nominal fee for notarizing (I can't remember the last time I had to pay for notary services. Even when I insist on paying, they refuse my money. And let's be honest, you're a much better potential client than I am)
Third: Get the price before you accept services
Fourth: Post the lawyer's name so we know which lawyer it is who has decided a quick buck now is worth more than your long-term business.

Let us know how you go.

Cheers!

Joe
Click to expand...


Obviously, I am not getting advice from the person who gave me the bill. Yes I will be seeking legal counsel from another lawyer, this lady was not even our attorney - we only called her to witness the signatures and we were never charged more than a few hundred pesos before. Granted, this was a complicted contract (actually 5 of them) but she still only witnessed the signatures, nothing else.

I will post the name here as soon as I finish my little investigation.
 
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Chip

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Dominican notaries and lawyers for that matter are notorious for charging prices based on what they think they can get away with. this is due to your accent, looks and how wealthy you appear. I pay RD500 to a friend who is a lawyer here in Santiago but had quotes of up to RD2000 just for the simple witness of a signature.

I even had one lawyer of a friend charge me RD500 only to double the price the next time - guess who just lost out on my numerous references in the future! desgraciado!!!! abusador!!!!
 
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NotLurking

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Conchman said:
We recently signed a contract and had it notarized. Surprisingly, I got a bill from the notary public in the amount of US$2,900 where she claims the company has to pay a percentage of the contract value according to law no. 301, del Notario del 30 Junio de 1964, G.O. 7870, Capitulo IV, Articulo 67, ordinal Decimo.
Click to expand...

First, I'm not a lawyer and I don't presume to be. Secondly, Mr. Fabio J. Guzman, the resident lawyer, answered your question.

However, looking at law #301-64, "Capitulo IV, Articulo 67, ordinal Decimo", It is clear your are being over charged.

Ley 301-64
CAPITULO IV
TARIFA

Art. 67 ...
10.- Por la instrumentaci?n de las actas de venta,
hipotecas, transacciones, donaciones, permuta o
cualesquier otros contratos, cobrar? de acuerdo al valor
envuelto, conforme la siguiente escala:
a) Contratos de valor indeterminado . . . . . . . . . . . . . . . RD$150.00
b) Contratos de valor hasta RD$1,000.00 . . . . . . . . . . . RD$150.00
c) Contratos de RD$1,000.01 a RD$3,000.00. . . . . . . . . RD$175.00
d) Contratos de RD$3,000.01 a RD$5,000.00 . . . . . . . . RD$200.00
e) Contratos de RD$5,000.01 a RD$7,500.00. . . . . . . . . RD$225.00
f) Contratos de RD$7,500.01 a RD$10,000.00 . . . . . . . RD$250.00
g) Contratos de RD$10,000.01 a RD$15,000.00. . . . . . . RD$275.00
h) Contratos de RD$15,000.01 a RD$20,000.00 . . . . . . RD$350.00
i) Contratos de RD$20,000.01 a RD$25,000.00 . . . . . . . RD$375.00
j) Contratos de RD$25,000.01 a RD$40,000.00 . . . . . . . RD$400.00
k) Contratos de RD$40,000.01 a RD$50,000.00 . . . . . . RD$500.00
l) Contratos de RD$50,000.01 a RD$60,000.00 . . . . . . . RD$550.00
m) Contratos de RD$60,000.01 a RD$75,000.00 . . . . . . RD$600.00
n) Contratos de RD$75,000.01 a RD$100,000.00 . . . . . RD$700.00
o) Contratos de RD$100,000.01 a RD$200,000.00 . . . RD$1,500.00
p) Contratos de RD$200,000.01a RD$300,000.00. . . . RD$2,000.00
q) Contratos de RD$300,000.01 a RD$400,000.00 . . . RD$2,500.00
r) Contratos de RD$400,000.01 a RD$500,000.00 . . . RD$3,000.00
s) Contratos de RD$500,000.01 a RD$750,000.00 . . . RD$4,000.00
t) Contratos de RD$750,000.01 a RD$1,000.000.00 . . RD$5,000.00
u) De m?s de un mill?n de pesos, seg?n contrato
entre las partes, pero nunca menos de . . . . . . . . . . . . RD$5,000.00
Click to expand...

Note in Art.67(10) "...cobrar? de acuerdo al valor envuelto..." to bill according to the value involved -- in the contract. It also states, "Por la instrumentaci?n.." but unfortunately I do not know the legal definition of this ;)

NotLurking
 
Conchman

Conchman

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According to the fee schedule in law 301, it specifies that contracts in the value of over RD$1,000,000 - the fee should be negotiated between the parties but not less than RD$5,000. We will be giving DELCY GARCIA MORAN a check for RD$5,001, not US$2,900, as there was never a negotiated fee.

Another scamming lawyer caught with his (her) hands in the jar.
 
Conchman

Conchman

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It seems, law 301 (u) which says "De m?s de un mill?n de pesos, seg?n contrato entre las partes, pero nunca menos de . . . . . . . . . . . . RD$5,000.00"

some notaries (conveniently) interpret this to mean that 'for every million pesos over one million, the parties have to agree on a price not to be below Rd5,000.'

meaning that if a contract is 5,000,000 they could charge 25,000 RD, however, it seems that it does not say 'for every' but just 'for any amount over,' basically that it should be minimum RD5,000 or an amount negotiated before.

What do some of the spanish language or law professors have to say about this?
 
Conchman

Conchman

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I could not find anywhere in law 301 that differentiates between 'authentication of signatures' and 'drafting and/or notarizing contracts.' It seems the fee schedule applies to both scenarios, unless somebody can point me to the clause in the law that would apply to 'authentications.'
 
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NotLurking

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Conchman, the wording appears to be quite clear and leaves little room for mistaken interpretations.
u) De m?s de un mill?n de pesos, seg?n contrato
entre las partes, pero nunca menos de . . . . . . . . . . . . RD$5,000.00
Click to expand...

Of more than one million peso, according to [that] contracted between the parts, but never less than RD$5,000.

It is quite clear to me that the fee for contracts 'instrumented' that the value involved exceed one million RD peso may be negotiated by the Notary Public but the fee may not be less than RD$5,000. If the contract 'instrumented' is within the guidelines of, Capitulo IV, Art. 67(10)(u), the Notary Public is free to ask for any fee amount over RD$5,000. However, this doesn't mean you have to agree with the requested fee and are free to counter offer or negotiate the fee. Of course the fee should be agreed upon BEFORE any work is done otherwise a dispute may ensue.

NotLurking
 
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NotLurking

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Conchman said:
I could not find anywhere in law 301 that differentiates between 'authentication of signatures' and 'drafting and/or notarizing contracts.' It seems the fee schedule applies to both scenarios, unless somebody can point me to the clause in the law that would apply to 'authentications.'
Click to expand...


I think the fee schedule is applied equally to both situations. I too couldn't fine within the law a difference between: 'authentication of signatures' and 'drafting and/or notarizing contracts.'

NotLurking
 
Conchman

Conchman

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Our own legal department interprets this fee to be 'for every million pesos, its a minimum RD5000 fee or whatever is negotiated.'

LOL she probably has a deal with the same notary public and gets half of our money! Only in the DR!
 
B

Bayx-**

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I had a power of attorney prepared by a notary in Santo Domingo and it only cost $300 pesos. I thought that has very inexpensive, but maybe because my lawyer new the notary well.

Then I have the same document redone again in Puerto Plata with a different notary because it got some water damaged and it cost about the same $500 pesos.

When it comes to lawyers and notaries one must be careful because they are in the same business field and what they often do is negotiate the fee behind your back.

Usually when documents needs to be notarized; it’s done as a favorite between lawyers especially if they are colleagues.

In DR you have to be a lawyer to be able to notify any legal documents unlike in the US that anybody could be a notary.

So remember your dealing with a DR lawyer not a notary.
 
Conchman

Conchman

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I am sure the notary will argue the case that she could have charged me US$15,000 (if you charge 5,000 for EVERY million over one million) and that she is actually giving me a good deal. LOL.

On the other hand, you know me - the gringo -would lose this in court against a Dominican lawyer, despite nobody else paying the fee structure this way. The typical craziness of the Dominican Banana-law system.
 
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