The notary tariffs of the countries in the region, which the president of the Notary Chamber of Montenegro Anđelko Milošević claims were their benchmark when they formed their own, are twice as cheap as the Montenegrin ones.
At the end of last week, Milošević told "Vijesta" that "the exclusive parameters we used to create the notary's tariff were comparisons with attorney's notary tariffs from around Bosnia, Republika Srpska...".
Notaries in Bosnia and Herzegovina started working in 2007 and in Republika Srpska two years later.
According to the price list of the Bosnian Chamber of Notaries, the "point" of their public notary is worth 50 pfennigs or 25 cents, the same amount is worth according to the tariff of the Notary Chamber of Republika Srpska, while it is 50 cents according to the tariff of the Montenegrin Chamber of Notaries.
According to the price list of the Bosnian Chamber of Notaries, the "point" of their public notary is worth 50 pfennigs or 25 cents, the same amount is worth according to the tariff of the Notary Chamber of Republika Srpska, while according to the tariff of the Montenegrin Chamber of Notaries, it is 50 cents
Drawing up a contract with a notary, the value of which is more than one million KM or 500.000 euros in Bosnia and Herzegovina can cost a maximum of 1.000 euros, while in Montenegro the maximum amount is 5.000 euros.
In Bosnia and Herzegovina and Republika Srpska, value added tax is also charged separately on the prices determined by the notary's price list, and the same decision was taken by the Chamber of Notaries of Montenegro.
The task of inventory and valuation of assets entrusted in this way in probate proceedings, by order of the court, according to the Montenegrin price, is determined according to the total value of the property and cannot be less than 150 nor more than 500 euros.
For the same job of property assessment, a notary in BiH should be paid at least 150 marks, and at most 300, that is, 150 euros.
The lawyers are outraged and believe that this is the creation of a monopoly, and their now former clients are dissatisfied with the prices
According to the Montenegrin notary's price list, companies will cost at least 350 euros for drafting the founding documents of business entities in the form of a notarized document, and for drafting the statutes in the form of a notarized document, at least 200 and a maximum of 400 euros.
For the same job, a notary in Bosnia and Herzegovina can charge a maximum of 350 KM or 175 euros.
By the way, these are jobs that, with the introduction of notaries, must have a mandatory form of notarial record, which is why, according to unofficial information from "Vijesti", the lawyers are outraged and believe that this is the creation of a monopoly, and their, now former, clients are dissatisfied with the prices.
The lowest price of a power of attorney in our country is higher than the highest fee in Bosnia and Herzegovina
According to the price list of the Montenegrin Chamber of Notaries, for drawing up a power of attorney to undertake legal transactions for which the form of a notarial record is required, and for unilateral declarations regarding real rights to immovable property except pledge declarations (consent, permission, erasure permits, etc.), the notary is entitled to a reward of it cannot be less than 50 euros, nor more than 1.000 euros.
According to the notary's tariff in BIH, for the notarial processing of the same documents, the notary public can charge a maximum of 75 KM, or about 35 euros.
The Montenegrin Chamber of Notaries justify the high tariffs by the responsibility of the work entrusted to them by the state, as well as the fact that they are criminally and materially responsible for it.
The Ministry of Justice, which approved the prices established by the Chamber of Notaries, says that drafting and notarizing documents at a notary guarantees the legal security of citizens, which was not the case when citizens went to lawyers, because notaries work for the benefit of both parties. However, the Ministry of Finance did not give a positive opinion on the established tariffs from the aspect of the business environment.
The Montenegrin Chamber of Notaries justify the high tariffs by the responsibility of the work entrusted to them by the state, as well as the fact that they are criminally and materially responsible for it.
Podgorica lawyer Saša Vujačić told "Vijesta" that the Management Board of the Bar Association assessed that those tariffs were too high.
He, however, leaves time to show how useful and cheap the introduction of notaries is.
"Whether the notary's responsibilities justify the prices and whether this will create a lot of problems, in terms of overlap with the work of lawyers, as well as a serious expense, will have to wait to be seen. Determining tariffs is a matter of assessment by the competent ministry, which gives approval," Vujacic said.
A notary cannot represent both parties in a legal transaction, he only has to interpret the regulation, which is the same for everyone.
He disagrees with the explanation that notaries will work for the benefit of both parties, which was not the case with lawyers.
"A notary cannot represent both parties in a legal matter, he only has to interpret the regulation, which is the same for everyone," Vujacic said.
According to his assessment, the question arises as to what lawyers will do and what notaries will do, and whether lawyers will be excluded or whether both will be able to do the same work.
Only notary signatures are valid for the cadastre
The President of the Chamber of Notaries, Anđelko Milošević, informed the Director of the Real Estate Administration, Mić Orlandić, that as of July 25, notaries are authorized for all legal transactions, which have as their object the transfer of real rights.
The letter also states that these documents are not valid if they are not drawn up in the form of a notary record.
"Any other form for those jobs is excluded, that is, it will be null and void, it will not be able to produce legal effects, including entries in the public register of the Real Estate Administration," the letter says.
It is added that the law stipulates that legal transactions, the subject of which is the transfer or acquisition of property or other real rights on immovable property, must be drawn up in the form of a notary record.
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