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LAW OF THE REPUBLIC OF MOLDOVA

of June 27, 2003 No. 271-XV

About procedure for calculation of payment for notarial services

(as amended on 26-07-2018)

The parliament adopts this ordinary law.

Chapter I General provisions

Article 1. Payment for notarial services

(1) This law establishes procedure for calculation of payment for rendering notarial services.

(2) Plath for notarial services represents the sum of money levied by the public notaries and other persons authorized by the law to perform notarial activities, for making of notarial actions.

Article 2. Amount of payment for notarial services

(1) the Amount of payment for notarial services is established:

a) depending on the cost of the transaction - if it can be estimated;

b) in the form of fixed rate - if the transaction is not subject to assessment.

(2) For rendering notarial services the payment is levied under the agreement with person who addressed for making of notarial action, taking into account provisions of this law. In case of calculation of the amount of payment complexity of notarial action is considered. Change of the amount of payment (its increase or reduction) is confirmed by the agreement signed by the public notary or the other person authorized by the law to perform notarial activities, and person who addressed for making of notarial action in which are specified the amount of the payment established by the law, the reason of change and the amount of the payment established by agreement. The agreement constituted in writing is attached to the drawn-up notarial act and stored together with it in notarial archive.

Chapter II Cost of the transaction

Article 3. Procedure for cost determination of the transaction

(1) In case of cost determination of the transaction the cost of thing or right which are subject of notarial action, at the time of action making is assumed as a basis.

(2) the price of thing or right declared by person who addressed for making of notarial action is considered the Cost of thing or right.

(3) If the price of thing or right declared by person who addressed for making of notarial action below estimated value of thing or the right, the cost of the transaction is established proceeding from the cost specified in the real estate register, insurance sum of thing or the right according to the insurance policy or based on other estimative documents issued by representatives on that persons.

(4) In case of cost determination of the transaction the material obligations encumbering thing or the right which are subject of the transaction are not excluded.

Note. In case of lack of estimated value in the real estate register the standard price of the earth calculated according to the Law on standard price and procedure for purchase and sale of the earth No. 1308/1997, and for other real estate - the real estate value determined according to part is used (5) article 4 of the Law on enforcement of the Section VI of the Tax code No. 1056/2000.

Article 4. The notarial act containing several legal acts

(1) If the notarial act contains several legal acts, the payment is established by summing of payments for all corresponding legal acts.

(2) If the act contains several legal acts from which one is the basic, and others - auxiliary, the cost of the transaction is determined proceeding from the cost of thing or the right which are subject of the main action. Payment is levied only for the main action.

Article 5. Cost of the mortgage transaction

In case of the certificate of mortgage the cost of the transaction is the cost of pledged property established by the parties.

Article 6. The cost of the transaction which subject is transfer to use

(1) the Cost of the transaction which subject is transfer to use for certain term is estimated proceeding from the total amount of cost of use for the term established by the agreement.

(2) the Cost of the transaction which subject is transfer to use sine die is estimated proceeding from the total amount of cost of use in 10 years.

Article 7. Cost of the transaction on exchange

The cost of the transaction on exchange is determined proceeding from the greatest cost of the thing which is subject to exchange or from the smallest cost taking into account the paid in addition amount if the result exceeds the greatest cost.

Chapter III of Plath for the certificate of the transactions which are subject to assessment

Article 8. The amount of payment depending on the cost of the transaction

(1) the Amount of payment for the certificate of the transactions which are subject to assessment is established depending on the cost of the transaction in the following procedure:

Cost of the transaction             of Plath

to 20 000 lei                  of 1,3 of %, but at least 180 lei

20 001 - 50 000 lei         of 1,0 of %

50 001 - 100 000 lei       of 0,9 of %

100 001 - 200 000 lei     of 0,8 of %

200 001 - 400 000 lei     of 0,6 of %

400 001 - 600 000 lei     of 0,5 of %

600 001 - 800 000 lei     of 0,3 of %

800 001 - 1 000 000 lei   of 0,2 of %

more than 1 000 001 leu         of 0,1 of %

(1-1) Amount of payment for the certificate of the real estate transactions which are subject to assessment for physical persons is established in the amount of percent 0,1 from the cost of the transaction. The amount of payment for the certificate of the real estate transactions which are subject to assessment for legal entities is established according to the size provided in part (1), using 0,5 coefficient when implementing transactions worth no more than 800000 lei. The minimum amount of payment for the certificate of the real estate transactions which are subject to assessment constitutes 120 lei.

1-2) The amount of payment for the certificate of purchase and sale agreements of housing and the agreements of mortgage signed within the state program "First house" is established in the amount of 0,1 of percent of cost of the transaction.

(2) in case of transactions on exchange the amount of payment is established by increase by 10 percent of the cost determined according to parts (1) and (1-1).

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