Law No. 10,169, Of 29 December 2000

Original Language Title: Lei nº 10.169, de 29 de Dezembro de 2000

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Law No. 10,169, of 29 DECEMBER 2000 Regulates the §2 of Art. 236 of the Federal Constitution, by establishing general guidelines for the fixing of fees relating to acts performed by notary and registry services.
The PRESIDENT of the REPUBLIC, I do know that the NATIONAL CONGRESS decrees and I sanction the following law: Art. 1 the States and the Federal District shall determine the value of the charges relating to acts carried out by their respective notarial and registration services, in compliance with the rules of this law.
Sole paragraph. The value set for the remuneration shall correspond to the cost-effective and suitable and sufficient remuneration for services rendered.
Art. 2nd for fixing the value of the fees, the law of the States and the Federal District will take into account the public nature and social character of the notary and registration services, met the following rules.
I-the values of the registration shall contain tables and shall be expressed in the currency of the country;
II-the actions common to the various types of notary services and are paid for registration fees, set specific to each type of Act;
III-specific acts of each service are classified in: a) acts relating to legal situations, without financial content, whose fees take into account socioeconomic peculiarities of each region;
b) acts relating to legal situations, without financial content, whose remuneration shall be fixed by the observance of tracks that set minimum and maximum values, in which frame the value contained in the document submitted to the notary and registration services.
Sole paragraph. In cases where, by law, must be used values arising from legal or tax assessment, these are the values considered for the purposes of paragraph (b) of item (III) of this article.
Art. 3rd it is forbidden: I-(vetoed) II-fix fees in percentage of the value of the object of the legal business registration and notarial services;
III-charge of interested parties any other amounts not expressly laid down in the tables of fees;
IV-charge fees as a result of the practice of grinding or act that had to be rebuilt or renovated because of error attributable to the respective notary and registry services;
V-(vetoed) Art. 4 tables for registration shall be published in the official organs of the respective units of the Federation, and to the competent authorities determine your compliance and surveillance mandatory posting in your site visible on each notarial and registration service.
Art. 5 frame is the case, the value of the fees may be reset by publishing the respective tables until the last day of the year, subject to the principle of prior.
Art. 6th notaries and registrars will give receipt of fees perceived, without prejudice to the final and compulsory indication of the respective values in the margins of the document delivered to the person concerned, in accordance with the table in force at the time of the practice Act.
Art. 7th the violation, by notaries and registers, the provisions of this law shall be subject to the penalties provided for in law No. 8,935, of 18 November 1994, without prejudice to the application of other legal penalties.
Art. 8 the States and the Federal District, within your competence, respected the deadline in Art. 9 of this law, shall provide for compensation to the civil registers of individuals for acts performed by them free, as provided in federal law.
Sole paragraph. The provisions in the caput may not generate burden for the Government.
Art. 9 the States and the Federal District should proceed to the revision of the tables of fees currently in force, in order to adapt them to the provisions of this Law, within 90 days of the date of your period.
Sole paragraph. Until the publication of the new tables of fees, magazines and adapted according to this article, the acts performed by the notary and registration services will continue to be paid in the form of the laws in force in the States and the Federal District, observed, immediately, the seals set out in Art. 3 of this Act.
Art. 10. This law shall enter into force on the date of your publication.
Brasília, 29 December 2000; 179 of independence and 112 of the Republic.
FERNANDO HENRIQUE CARDOSO José Gregori Amaury Guilherme Bier Benjamin Benzaquen Sicsú