Official Gazette of the Republic of Serbia No. 91/2014, 103/2014, 138/2014

1. GENERAL PROVISIONS

Subject

Article 1.

The notary fee (hereinafter referred to as the Fee) determines the remuneration for the work of a notary public and the reimbursement of expenses incurred in connection with the work performed by the notary public, the method of determining the value of the work performed and the method of calculating the amount of remuneration and reimbursement of expenses.

Remuneration for work and reimbursement of expenses

Article 2.

A notary public is entitled to remuneration for work and reimbursement of expenses incurred in connection with the performance of work in the amount and in the manner determined by this fee.

When calculating the remuneration for the work performed, all activities related to the specific work undertaken are taken into account, including preparatory work, such as: consulting with the client and other participants in the legal work, reading and explaining notarial documents, etc.

Procedure

Article 3.

When performing notarial activities, a notary public shall act in the manner that is most economically advantageous for the party, except in cases where the party, after appropriate instruction from the notary public, requests a different procedure.

2. DETERMINING THE REWARD

Basis for determining the reward

Article 4.

The reward for the work performed by a notary public shall be determined:

according to the value of the subject matter of the legal transaction or action;
in a fixed amount;
according to the time spent on preparing and performing a certain action.
Determining the reward according to the value of the legal transaction

Article 5.

For the preparation of notarial records and the performance of other notarial activities where the value of the legal transaction is determined or can be determined, the reward shall be determined according to the value of that legal transaction. The basis for determining the value of the reward shall be the actual market value of the thing, or right that is the subject matter of the legal transaction, without deducting debts related to that thing, or right.

Exceptionally, a notary public may determine the market value regardless of the value stated by a party or other participant in the transaction as the value of the subject matter of a legal transaction, if the stated value does not correspond to the market value.

The market value referred to in paragraph 2 of this Article shall be determined by a notary public on the basis of data from competent authorities, such as the assessment of the value of the Tax Administration for a specific or similar item, estimated values ​​of insurance companies, prices achieved in the public sale procedure, etc.

Fixed-amount fees

Article 6

Fixed-amount fees shall be determined regardless of the value or time required to undertake a specific action.

Time-based fees

Article 7

If the fee for the notary public service performed cannot be determined according to the value of the item or in a fixed amount, it shall be determined according to the time spent.

When determining the time required for an individual notary work, in addition to the time required to draw up a notary document or a joint notary work, the time spent by the notary public in consulting with the client and other participants, the time spent on other preparatory activities and the time spent away from the office, if the work is performed outside the notary public office, shall be taken into account.

Determining the value of the work according to similar work

Article 8.

For work undertaken by a notary public that is not described in the Tariff, the fee shall be determined by comparing it with similar work whose value is determined by this Tariff.

When evaluating, the tariff rates for similar work and the time spent, as well as other provisions of this Tariff, shall be taken into account.

Scoring method for determining the fee according to the value of a legal work

Article 9.

The fee for a notary public job with a set number of points shall be determined by Article 21 of this Tariff.

The remuneration for the work performed by a notary is determined by adding up the number of points for each notary’s work and multiplying it by the point value.

Point value

Article 10.

The point value is 150 dinars excluding VAT.

Mandatory application of the Tariff

Article 11.

A notary is obliged to apply this tariff in each individual case.

An agreement on the amount of remuneration for the work of a notary that is contrary to the provisions of this tariff is null and void, in which case the notary commits a disciplinary offense.

Increase in remuneration

Article 12.

For work that a notary performs at the request of a party or for justified reasons outside of established working hours or on a non-working day, as well as outside the notary’s office, he is entitled to an increase in remuneration, unless otherwise specified in the Tariff.

Entrusted tasks

Article 13.

The remuneration of a notary public for tasks entrusted by a state authority shall be determined and paid by that authority, in accordance with this tariff and regulations governing the reimbursement of costs in judicial or other proceedings.

For entrusted tasks, a notary public is prohibited from agreeing with the parties on the remuneration, as well as from collecting his remuneration and costs from the parties.

3. COMPENSATION OF COSTS

Compensation of material costs

Article 14.

The party is obliged to reimburse the costs of postal services, banking operations, including the costs of opening and using a notary public account for the parties, photocopying documents and other ge expenses related to the work for which the notary public was hired. The notary public shall calculate the said expenses in the amount of actual expenses.

Reimbursement of travel expenses

Article 15.

A notary public shall be entitled to reimbursement of transportation expenses, if these expenses are related to the performance of notary public work. Transportation expenses shall be paid to him in the amount of the price of the transportation used.

For the use of his own car, a notary public shall be entitled to a compensation in the amount of 25% of the price of one liter of fuel for each kilometer traveled, with the price on the day of issuing the invoice being taken as valid.

If he has to stay on the road outside the city where his official seat is located for more than eight hours or has to spend the night in a hotel, the notary public shall be entitled to a daily allowance and hotel accommodation expenses. The daily allowance shall be calculated in the amount of the daily allowance of a judge of a basic court.

Reimbursement of other expenses

Article 16.

A party shall reimburse the notary public for court and administrative fees, fees for expert opinions, assessments, as well as all other necessary expenses related to the performance of notarial work.

Obligation to pay fees and compensation

Article 17.

A notary public is entitled to fees and compensation for expenses immediately after the work is performed.

The fee for notarial work shall be paid according to the Tariff in force at the time when the notary public performed the work.

Exemption from payment of fees and compensation

Article 17a

The Republic of Serbia, state bodies and special organizations, as well as autonomous provinces and local self-government units and their bodies shall be exempt from payment of fees and compensation for expenses.

If a legal transaction is drawn up for several parties, including the entities referred to in paragraph 1 of this Article, no fees and compensation for expenses shall be paid in the event of acquisition of rights to immovable and movable property in favor of those entities.

Advance payment

Article 18.

A notary public may request that a party pay him an advance payment for necessary expenses and costs in the amount of 50% of the expected fee when contracting a transaction.

If the advance payment is not paid within the specified period, the notary public is obliged to perform the transaction only after the advance payment has been paid.

Submission of documentation and calculation

Article 19.

A notary public is obliged to submit to a party or other participants in a legal transaction the notarial documents he has drawn up only after the fee and reimbursement of expenses have been paid in full.

A notary public is obliged to issue a certificate or invoice to the party on the paid fee and reimbursement of expenses.

Amicable settlement of disputes

Article 20.

If a party does not agree with the fee and reimbursement of expenses determined by the notary public, he or the notary public may request an amicable settlement of the dispute with the competent body of the Chamber of Notaries.

4. TARIFF NUMBERS
   Article 21.

This tariff establishes the following tariff numbers:

Fees for drawing up a notarial deed according to the value of the subject matter of the legal transaction
Tariff number 1.

For drawing up a notarial deed in the form of a notarial deed, the fee is determined according to the value of the subject matter of the legal transaction.

When drawing up notarial deed when the subject matter of the legal transaction is the disposal of property, division of joint property of spouses or common-law partners, a contract on property relations between spouses or common-law partners, exchange of property, assignment and distribution of property during life or a similar legal transaction, the basis for determining the fee is the total value of the property that is the subject matter of the legal transaction.

If the subject matter of the legal transaction is a claim, the value of the legal transaction is determined according to the value of the main claim, excluding secondary claims.

When the subject matter of the legal transaction is the establishment of a mortgage or other lien, the basis for determining the fee is the amount of the claim that is secured, if it is lower than the value of the pledged property or right, excluding secondary claims.

If the value of the pledged property or right is lower than the value of the secured claim, the value of the pledged property or right shall be taken as the basis for determining the award. The value of the claim secured by collateral shall be determined according to the amount of collateral assumed. Changes in the order of settlement shall be determined by the value of the secured claim.

The value of a real easement on real estate shall be determined according to the value that such easement has as a preferential right.

The value of the right to a recurring benefit shall be determined according to the value of all benefits during the entire contracted period, but not more than up to an amount corresponding to the sum of the values ​​of such benefits for a period of five years.

In lease and sublease contracts, the value shall be determined according to one year’s rent, except in the case of a lease concluded for a shorter period, in which case the value shall be determined according to the total rent.

The notary public’s fee, which is determined depending on the value of the legal transaction or other action, unless otherwise specified in other tariff numbers, is:

Value of the legal transaction in dinars
Reward in points

For the value of a legal transaction exceeding 14,000,000 dinars, for every 1,000,000 dinars started, the reward is increased by 10 points, provided that the total reward cannot exceed 4,000 points.

The reward from this tariff number also includes the reward for certifying the drawn up record, as well as issuing copies if they are issued immediately after the record is drawn up.

For drawing up a preliminary contract, amending the contract and terminating the contract, 50% of the reward under this tariff number is determined. If a contract is drawn up by the same notary public based on the preliminary contract, the fee for the drawn up contract is reduced by the fee charged for the preliminary contract

For drawing up a notarial record of a gift contract in the first line of succession between a parent as a donor and a child as a recipient, the notary public shall be entitled to a fee of 50% of the fee from this tariff number.

For drawing up a notarial record on the establishment of the right of servitude, the notary public shall be entitled to a fee of 50% of the fee from this tariff number.

For drawing up a unilateral pledge statement, the notary public shall be entitled to a fee of 40% of the fee from paragraphs 9 and 10 of this tariff number, provided that the total fee cannot exceed 4,000 points.

For drawing up a unilateral declaration of will regarding real rights to real estate, except for pledges, a notary public is entitled to a reward of 20 points, regardless of the value of the real estate

Reward for drawing up a notarial deed when the value of the subject matter of a legal transaction cannot be determined

Tariff number 2.

For drawing up a notarial deed when the value of the subject matter of a legal transaction cannot be determined, a notary public is entitled to a reward of 100 points.

Notwithstanding paragraph 1 of this tariff number, for drawing up a declaration of recognition of paternity, a declaration of consent to the recognized paternity, a declaration of consent to the procedure of biomedically assisted fertilization, an inventory of property, a death certificate, a document on acceptance of inheritance or renunciation of inheritance, if it is drawn up separately outside the probate hearing, as well as for drawing up an agreement between parents on a change in child support contributions, a notary public is entitled to a reward of 20 points.

Notwithstanding paragraph 1 of this tariff number, for the preparation of statements allowing the deletion of rights, statements on the payment of the price and other similar statements, the notary public shall be entitled to a reward of 2 points when the statement is made by a natural person, or 5 points when the statement is made by a legal person.

Reward for the preparation of wills
Tariff number 3.

For the preparation of wills, the notary public is entitled to a reward of 100 points.

Reward for the preparation of powers of attorney
Tariff number 4.

For the preparation of powers of attorney to undertake legal transactions that are required to be drawn up in the form of a notarial deed, the notary public shall be entitled to a reward of 30 points.

For the preparation of powers of attorney to undertake legal transactions that are not required to be drawn up in the form of a notarial deed, the notary public shall be entitled to a reward of 15 points.

Reward for the preparation of notarial records
Tariff number 5.

For the preparation of minutes of the founding assembly and the second assembly of a joint-stock company with more than 100 shareholders, the reward is set at 150 points.

For the preparation of a notarial document in the form of minutes of a session of another body of a company, when that body, in accordance with the law governing companies and the general act of that company, decides on issues within the competence of the company assembly, the reward is set at 100 points.

If a notary public attends the assembly for more than two hours, he is entitled to an additional reward of 20 points for each hour started.

Fee for drawing up notarial records on the occurrence of facts
Tariff number 6.

For drawing up notarial records on the occurrence of facts on which the validity and obligation to fulfill legal transactions depend, or the occurrence of legal effect of statements that, based on the law regulating notarial services, have or may have the form of a notarial record, the fee is determined based on the value of the subject of the official action and amounts to 50% of the fee from Tariff number 1 of this tariff.

For establishing other facts, actions and statements about which notarial records are drawn up, and for which the value of the subject of the official action cannot be determined, the fee is determined depending on the time required for drawing up.

Fee for drawing up a notarial certificate
Tariff number 7.

For issuing a certificate that a certain person is alive, the fee is 3 points.

For issuing a certificate that a document that must be submitted for inspection by law has been submitted for inspection to an authorized person in the presence of a notary, the fee is 10 points.

For issuing a certificate that a declaration of will that must be communicated to a specific person by law in the presence of a notary public has been communicated, the reward is 10 points.

For issuing a certificate of proa bill of exchange or check, according to the provisions of the law governing the bill of exchange or check, if the protest is raised by a notary public or a party, the reward is 20 points.

For issuing other certificates specified by law, the notary public is entitled to a reward of 10 points.

Reward for certifying a signature on a non-public document
Tariff number 8.

The reward of a notary public for certifying a signature on a non-public document which confirms that the parties to a legal transaction or the parties making a statement have signed or affixed their fingerprints in their own hand, is 2 points per signature and per copy of the notarial document.

If the signature of a person acting as a representative of a legal entity is being certified, in addition to the reward from paragraph 1 of this tariff number, the notary public is also entitled to a reward of 5 points per such signature.

Certification of a non-public document (solemnization)
Tariff number 9.

For the certification of a non-public document when a notary public gives the non-public document the legal force of a public document (solemnization) by certification, the fee is determined in the amount of 60% of the fee from Tariff number 1 of this tariff.

Certification of a transcript or photocopy of a document
Tariff number 10.

The fee for certification of a transcript or photocopy of a public or non-public document that has one page is 3 points.

If a public or non-public document consists of multiple pages, a fee of 2 points is calculated for each subsequent page.

Certification of a translation
Tariff number 11.

The fee for certification of a translation, if a notary public, who has the status of a court translator, has determined the accuracy of the translation, is 4 points.

Certification of the decision of the management body of the legal entity
Tariff number 12.

Certification of the decision of the management body of a legal entity, which was made at a session where the notary public did not take minutes, the award is set at 70 points.

Issuance of repeated dispatches and copies of notarial documents
Tariff number 13.

For the issuance of a reissue or copy of a notarial document, the reward is determined in a fixed amount, namely:

• for the issuance of a reissue or copy of a notarial document, the reward is 2 points per page,
• for permission to inspect the original of the notarial document, the reward is 5 points,
• for the issuance of a certificate of the existence of the original of the notarial document, the award is 5 points. Public notary deposit
  Tariff number 14.

For receiving, keeping, handing over money, securities, valuables, etc. (hereinafter referred to as: deposit), including the issuance of a notarial certificate, the reward is calculated in the amount of 2% of the value of the deposit, provided that the amount of the reward cannot be less than 100 points. The reward is calculated for each year in advance, and the year that has begun is counted as a whole.

If the value of the things referred to in paragraph 1 of this tariff number cannot be estimated by their nature, an appraisal shall be carried out by an expert at the expense of the depositor.

Taking over, storing and handing over documents
Tariff number 15.

For taking over documents for safekeeping and drawing up a notarial certificate on taking over the document, the notary is entitled to a reward of 40 points.

The reward is calculated for each year in advance, and the year that has begun is counted as a whole.

Other services
Tariff number 16.

If a notary at the request of a party drafts a notarial document, the notary is entitled to 50% of the reward provided for drawing up that document as a notarial document.

If a notary public draws up a notarial document within a year based on a draft he has drawn up in accordance with paragraph 1 of this tariff number, the fee paid for drawing up the draft shall be included in the fee for drawing up such a document.

Determination of the fee according to the time spent
Tariff number 17.

The fee according to the time spent, if the fee for the notarial work performed cannot be determined according to the value of the object or in a fixed amount, shall be 20 points for each hour of work started, unless otherwise prescribed by this tariff.

Increase of the fee
Tariff number 18.

For work that a notary public performs outside of established working hours or on a non-working day or holiday at the request of a party in urgent cases, or in the event of an urgent need, shall increase the fee determined by this tariff by 20 points for each hour started, but not more than 150 points.

For work performed by a notary public outside the notary public office at the request of a party, the fee is increased by 10 points for each commenced hour of absence from the office, unless otherwise specified in this tariff.

If a notary public document is drawn up for more than two parties, the fee is increased by 10 points for the third and each subsequent party, but not more than 50% of the established fee.

If invited witnesses, another notary public, translators or interpreters participate in drawing up a notary public document, the fee is increased by 10 points for each of these persons.

Reduction of the fee
Tariff number 19.

Disabled persons, children without parental care and persons who are recipients of social assistance are exempt from the obligation to pay the fee in full, based on previously submitted documentation for inspection by the notary public.

Exemption from paying the fee for personsfrom paragraph 1 of this tariff number is 50% of the award determined by this tariff.

5. FINAL PROVISION

Entry into force
Article 22

This tariff shall enter into force on the day following its publication in the “Official Gazette of the Republic of Serbia”.