CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 21 /XI/1.

1

Exhibition of Motives

This Act seeks to comply with the commitments made before the Commission

European in the sense of adapting in an express manner the legal regime of the notariat to the

European Union law on access to the profession of notary in Portugal and, in

simultaneous, in the face of the Order of Notaries, promoting essential changes to the good

functioning of the social bodies, updating the functional status of notaries,

enshrining the possibility of the constitution of notary and enlargement societies of the

areas of intervention, allowing them access to more digital services made available by the

Public Administration, thereby confirming the quality of partners of excellence in the

use of the same for the benefit of citizens.

The first, Directive No 2005 /36/CE, of the European Parliament and of the Council,

of September 7, 2005, concerning the recognition of professional qualifications,

transposed into the internal legal planning by Law No. 9/2009 of March 4,

assigned to the Community citizens the right to engage in an activity, on their own

or by outrain, in a different member state than the one in which they have acquired their

professional qualifications.

Framing the activity of notaries in the scope of the said Directive, the

changes to be promoted to the Statute of the Notariat, approved by the Decree-Law No 26/2004,

of February 4, in the part concerning the access and exercise of the activity, aim to,

justly, harmonize internal legal planning with such community obligations,

predicting in an express and unambiguous way the guarantee of access to notarial function in

Portugal on the part of professionals established in a member state of the European Union

that in Portugal, they wish to acquire the quality of notary or, if they already possess it in the country

of origin, see recognized this quality.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 21 /XI/1.

2

Indeed, until the reform promoted by the Decree-Law No. 26/2004 of February 4, the

notariat is governed by the status of the civil service, which is why it was held that the

Directive No 2005 /36/CE of the European Parliament and of the Council of September 7 of

2005, as well as the one that this repealed (Directive No 89 /48/CEE of December 21)

1988), were not applicable to notaries in Portugal.

However, with the privatization of the notariat and the passage of the profession of notary of the regime of the

public function for the regime of liberal profession-it dealt with, incidentally, the first time in

Portugal a profession has completely changed its status-in addition to clarification and

consolidation of the competences of the Ministry of Justice and the Order of Notaries, Portugal

went on to adopt the model of the Latino notariat, enshrining a new figure of notary,

which is the dual condition incidental to public officer, as a depository of public faith

delegated by the State, and of a Liberal professional, who carries out its activity in a framework

independent, so access to the notarial function went on to insert itself in the framework of

implementation of the Qualifications Recognition Directive, which now imposes itself to adapt

sectorally to the profession of notary.

For this purpose, the present proposal for authorisation will make it possible to provide unambigually,

as one of the requirements of access to notarial function, be Portuguese or national of a

State member of the European Union or another signatory state according to Portugal

aiming for the mutual recognition of professional qualifications for the exercise of the function

notarial in regime of reciprocity, thus strengthening the non-existence in the planning

Portuguese legal notice of any legal standard preventing access to notarial function by part

of foreign citizens.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 21 /XI/1.

3

It will allow to further predict the possibility of the exercise of the profession of notary in Portugal by

part of the professionals who have acquired or come to acquire that quality in the

terms of the Statute of the Notariat, of those as such have been recognized, as well as

of the nationals of member states of the European Union legally entitled to exercise the

profession of notary and who meet the conditions laid down in the said Statute.

On the other hand, the present legislative initiative is taken to authorize the updating of the

Statutes of the Notariat and the Order of Notaries, so that changes can be made

on skills and organization of the profession, of which stands out

possibility of constitution of notary and broadening societies of the areas of

intervention.

It is yet to be taken advantage of to allow the correction of small incongruities in the meantime

detected, arising from the application of the diploma, particularly between Article 17 and

point ( and ) of Article 22 of the Statute of the Order of Notaries, aiming to clarify in which

situations should be imposed on the holding of early elections, predicting the inclusion of

alternates in the lists of candidates submitted to the elections and the reduction of the deadline for

presentation of the lists, aiming to increase the stability of the mandates of the organs of the

Order and contribute to the modernization of the profession.

It was heard from the National Association of Portuguese Municipalities and the Order of Notaries.

The hearing of the Order of Lawyers and the House of Solicitors was promoted.

Thus:

Under the terms of the paragraph d ) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a law:

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 21 /XI/1.

4

Article 1.

Subject

The Government is authorized to amend the Notariat Statute, approved by the Decree-Law

n 26/2004 of February 4, amended by Law No. 51/2004 of October 29,

adapting it to the scheme of the recognition of the professional qualifications envisaged in the

Directive No 2005 /36/CE of the Parliament and of the Council of September 7, 2005 and in the

Council Directive No 2006 /100/CE of November 20, 2006 transposed by the

Law No 9/2009 of March 4 on access to the profession of notary in Portugal,

as well as amending the Statute of the Order of Notaries, approved by the Decree-Law

n ° 27/2004 of February 4, with the meaning and extent set out in the following articles.

Article 2.

Sense and extension

1-A amendment to the Statute of the Notariat to be approved under the authorization conferred by the

previous article should understand the following elements:

a) Prediction of the form of assignment and recognition of the quality of notary

in Portugal, adapting it to the scheme for the recognition of qualifications

professionals provided for in Directive No 2005 /36/CE, Parliament and the

Council, of September 7, 2005, and in Directive No 2006 /100/CE, of the

Council, of November 20, 2006, transposed into the legal order

internal by Law No. 9/2009 of March 4 on access to the profession of

notary in Portugal;

b) Prediction and densification of the principle of freedom of establishment, in full

equality of rights and duties with Portuguese notaries, for the exercise of the

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 21 /XI/1.

5

activity of notary in Portugal on the part of professionals owning a

title of training required in another member state of the European Union for it

exercise the activity, with a subjection to the rules to which the notaries are subject to

have acquired that quality in accordance with Chapter III of the Statute of the

Notariat;

c) Prediction and densification of the principle of freedom to provide services in

Portugal by notaries who find themselves established in another member state of the

European Union, subjecting them to the applicable professional and deontological rules

to Portuguese notaries, without prejudice to the rules of the State of origin to which

should continue to subject, pursuant to Chapter III of the Statute of the

Notariat;

d) Statuition of the compulsory use of the professional title of "notary" in the

situations of recognition of qualifications within the scope of freedom of

establishment as well as, within the scope of freedom of provision of services, of the

uniqueness of the use of the professional title of the country in which the provider of the

service if you find established, or of the title of formation in case the title of

notary there does not exist, in the official language of that country;

e) Definition of the disciplinary status of notaries established in other States-

members of the European Union who provide services in Portugal, with subjection to

disciplinary sanctions provided for notaries established in Portugal;

f) Statuition of the impediment to the exercise of activity in Portugal by notaries

that have been suspended or prohibited from carrying out the profession by the organisation

professional of the respective home states while it lasts that suspension

or prohibition;

g) Update of the functional status of notaries so as to enable them to

access to more digital services from the Public Administration, making them partners

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 21 /XI/1.

6

of the promotion of its use for the benefit of citizens and fostering the use of the

new technologies, in particular in the transmission and conservation of documents,

applying the electronic file rules that comply with the specifications

techniques fixed by the Order of Notaries in the frame of their competences of

reorganization of the notarial archive systems and, still, predicting the possibility

from:

i) Presentation of the share of transmission of goods to which the article refers

26. of the Selo Tax Code and by way of settlement of taxes by way

electronic, at the request of the taxpayer and pursuant to this declared,

taking into account legal business concluded or to be concluded, in cases and

on the terms to be fixed by porterie of the responsible government members

by the areas of finance and justice;

ii) Presentation by electronic means, at the request of those interested and in agreement

with the respective statements, of requests for changes in tax address of the

acquirer, Municipal Tax exemption on Real estate relative to

own and permanent housing and enrolment or updating of buildings

urban in the matrix;

iii) Promotion, in representation of the concerned, of records necessary to the

protection of industrial property and practice with the National Institute

of the Industrial Property of the acts necessary for the purpose;

h) Consecration of the possibility of constitution of notary societies, in the

terms to be defined by own diploma;

i) Determination of the need for the existence of minimum conditions for practice

of acts by workers, in the terms to be defined by the porterie of the member

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 21 /XI/1.

7

Government responsible for the area of justice, listened to the Order of the Notaries and

update of cases in which it is vetted the permission for the practice of certain

acts;

j) An update of the requirements for access to notarial function, namely

complying with them expressly with the regime of the recognition of the

professional qualifications provided for in Directive No 2005 /36/CE of Parliament

and of the Council, of September 7, 2005;

l) Reduction of the minimum period from seven to five years in office of duties

on the part of the internship advisors of internship.

2-A amendment to the Statute of the Order of Notaries to be approved under the authorization

conferred by the previous article should understand the following elements:

a) The updating of the assignments of the Order of Notaries, predicting those of adoption

of measures for the reorganisation of electronic document archive systems

notarial, of the creation and organization of a register of workers authorized to

practice acts, as well as those for approval and harmonisation of specifications

techniques of computer applications to be used by the notarial caries by form

ensuring that they give compliance to safety imperatives and the rest

applicable legal obligations;

b) The updating of the rules of electoral procedure;

c) The possibility disclosure by the notary of the respective professional activity of

objective form, in the rigorous respect for the deontological duties, by the secret

professional and the legal standards on advertising and competition, defining themselves

still what is meant by objective information and identifying the acts

lytes of advertising.

Article 3.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 21 /XI/1.

8

Duration

The present legislative authorization has the duration of 180 days.

Seen and approved in Council of Ministers of April 29, 2010

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 21 /XI/1.

9

The Directive No 2005 /36/CE of the European Parliament and of the Council of September 7 of

2005, concerning the recognition of professional qualifications, transposed into the

internal legal planning by Law No. 9/2009 of March 4, awarded to citizens

Community the right to engage in an activity, on its own or by outrain, in a

Member state other than the one in which they have acquired their qualifications

professionals.

Framing the activity of notaries in the scope of the said Directive, the

changes now proposed to the Statute of the Notariat, passed by the Decree-Law

n ° 26/2004 of February 4 in the part concerning access and exercise of the activity,

are aimed at precisely harmonizing internal legal planning with such obligations

Community, predicting in an express and unequivocal manner the guarantee of access to the function

notarial in Portugal on the part of professionals established in a member state of the

European Union who, in Portugal, wish to acquire the quality of notary or, if already

possess in the country of origin, see this quality recognised.

Indeed, until the reform promoted by the Decree-Law No. 26/2004 of February 4, the

notariat is governed by the status of the civil service, which is why it was held that the

Directive No 2005 /36/CE of the European Parliament and of the Council of September 7 of

2005, as well as the one that this repealed (Directive No 89 /48/CEE of December 21)

1988), were not applicable to notaries in Portugal.

However, with the privatization of the notariat and the passage of the profession of notary of the regime of the

public function for the regime of liberal profession-it dealt with, incidentally, the first time in

Portugal a profession has completely changed its status-in addition to clarification and

consolidation of the competences of the Ministry of Justice and the Order of Notaries, Portugal

went on to adopt the model of the Latino notariat, enshrining a new figure of notary,

which is the dual incindable condition of public officer, while depository of faith

public delegated by the State, and of a Liberal professional, who carries out an activity in a

independent framework, so access to notarial function went on to enter the scope of

implementation of the Qualifications Recognition Directive, which now transposes

sectorally for the profession of notary.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 21 /XI/1.

10

For this purpose, it is predicted unambigually, as one of the requirements for access to the function

notarial, be it Portuguese or national of a member state of the European Union or of another

Signatory state according to Portugal aiming for mutual recognition of

professional qualifications for the exercise of notarial function in reciprocity regime,

thus reinforcing the non-existence in the Portuguese legal planning of any standard

legal that prevents access to notarial function by foreign citizens.

The possibility of exercise of the profession of notary in Portugal by part is also expected

of the professionals who have acquired or come to acquire that quality in the terms of the

Status of the Notariat, of those as such have been recognized, as well as of the

nationals of member states of the European Union legally entitled to exercise the

profession of notary and who meet the conditions laid down in the said Statute.

On the other hand, the present legislative initiative is taken to update the Statutes of the

Notaries and the Order of Notaries, promoting changes in skills

and organization of the profession, of which it stands out the consecration of the possibility of

constitution of notary societies and broadening of the areas of intervention.

Take advantage yet to correct small incongruences however detected,

arising from the application of the diploma, in particular between Articles 17 and 22 (2),

point ( and ), of the Statute of the Order of Notaries, clarifying in which situations should be imposed

the holding of early elections by forecasting the inclusion of alternates on the lists of

candidates submitted to the elections and the reduction of the deadline for submission of the lists,

aiming to increase the stability of the mandates of the organs of the Order and to contribute to the

modernization of the profession.

The National Association of Portuguese Municipalities and the Order of Notaries were heard.

The hearing of the Order of Lawyers and the House of Solicitors was promoted.

Thus:

In the use of the legislative authorization granted by the Law No. [... ]/2010, of [...], and in the terms

of the paragraph b ) of Article 198 (1) of the Constitution, the Government decrees the following:

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 21 /XI/1.

11

Article 1.

Subject

1-The present decree-law changes the Statute of the Notariat, approved by the Decree-Law

n 26/2004 of February 4, amended by Law No. 51/2004 of October 29,

adapting it to the scheme of the recognition of the professional qualifications envisaged in the

Directive No. 2005 /36/CE, of the Parliament and of the Council of September 7, 2005, and

in Council Directive No 2006 /100/CE of November 20, 2006, transposed

for the internal legal order by Law No. 9/2009 of March 4 on access to

profession of notary in Portugal.

2-The present decree-law further amends the Statute of the Order of Notaries, approved by the

Decree-Law No. 27/2004 of February 4.

3-The references to nationals, notaries and practitioners of member states of the Union

European made in the Statute of the Notariat in amendment must understand itself as being

made also of nationals, notaries and practitioners from non-members of the Union

European countries that are signatories to the Agreement on the European Economic Area, in the

terms of the Decision of the EEA Joint Committee No. 142/2007 of October 26, which

amends Annex VII ("Mutual recognition of professional qualifications") and of the

Protocol No 37 of the EEA Agreement.

Article 2.

Amendment to the Status of Notarial

Articles 4, 5, 8, 27, 27 and 45 of the Notariat Statute, approved by the

Decree-Law No. 26/2004 of February 4, as amended by Law No. 51/2004, of 29 of

October, they are replaced by the following:

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 21 /XI/1.

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" Article 4.

[...]

1-[...].

2-[...]:

a) [...];

b) [...];

c) [...];

d) [...];

e) [...];

f) [...];

g) [...];

h) [...];

i) [...];

j) Transmit by electronic means the content of public instruments,

records and other documents that are found filed in the carthorium, the

other public services before which they have to make faith and receive

those that are transmitted to you, by these services, in the same

conditions;

l) [...];

m) Conserve the documents that by law should stay in the notarial archive

and those entrusted to you with this end, by applying the rules of

electronic file that comply with the technical specifications fixed

by the Order of Notaries in the frame of their competences of

reorganization of notarial file systems;

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Proposal for Law No. 21 /XI/1.

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n) Liquidating by electronic means at the request of the taxpayer and in the terms

by this stated, the Municipal Tax About the Transmissions

Onerous real estate and other taxes in which such intervention is

technically feasible, taking into account the legal business to be celebrated

or entered into, in the cases and in the terms to be fixed by the porterie of the

members of the Government responsible for the areas of finance and the

justice;

o) Present by electronic means, at the request of the interested and in agreement

with the respective statements, requests for changes in tax address

of the acquirer, of Municipal Tax exemption on Real Estate

relating to own and permanent housing and enrolment or

upgrading of urban building in the matrix;

p) Present by electronic means, at the request of the taxpayer and in agreement

with the respective statements, the participation to which the article relates

26. of the Selo Tax Code;

q) Promote, in representation of the interested parties, the necessary records

to the protection of industrial property and practice with the Institute

National Property of Industrial Property all acts necessary for the

effect;

r) Exercise the remaining functions that result from the provisions of the present

Statute or other legal precepts.

Article 5.

[...]

1-[...].

2-[...].

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Proposal for Law No. 21 /XI/1.

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3-Notaries can associate themselves in notary societies, pursuant to

define by diploma of their own.

Article 8.

[...]

1-The notary may, under his or her responsibility, authorize one or several

employees with appropriate training to practise certain acts or

certain categories of acts, the respective minimum conditions being

defined by the porterie of the Government member responsible for the area of

justice, heard the Order of the Notaries.

2-It is vetted the authorization for the practice of deeds titled by scripture

public, public wills, instruments of approval, of openness and

of deposit of cerrado wills or international wills and

respective aversions, minutes of meetings of social bodies,

searches, terms of authentication provided for in points (s) a ) a g ) of the article

22. of the Decree-Law No. 116/2008 of July 4.

3-A The authorization referred to in paragraph 1 shall be expressed and the respective text

affixed to the notarial office in place accessible to the public, owing yet

be registered by electronic means with the Order of Notaries and

permanently updated.

4-The registration referred to in the preceding paragraph shall constitute a requirement of validity of the

intervention of the collaborator and the document concerned, and must be

Advertised on the site of the Order of Notaries, with open access.

Article 25.

[...]

To acquire the quality of notary in Portugal are indispensable requirements

the following:

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Proposal for Law No. 21 /XI/1.

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a) Be Portuguese or national of a member state of the European Union

or from another signatory state in accordance with Portugal targeting the

mutual recognition of professional qualifications for the financial year

of notarial function in reciprocity regime;

b) Be higher of age;

c) Not to be inhibited from the exercise of public functions or interdict for the

exercise of notarial functions;

d) Possess degree in law;

e) Have frequented the notarial stage;

f) Have obtained approval in tender promoted under the terms of the

articles 31 and 32 of this Statute.

Article 27.

[...]

1-The internship has the duration of 18 months and is carried out under the guidance of

notary with at least five years of exercise of notarial functions,

freely chosen by the trainee or designated by the Order of the

Notaries.

2-[...].

3-[...].

Article 45.

[...]

Notaries who have ceased activity by disability, under the terms of the

previous article, and make proof rather that there are no remaining grounds that

have determined their remoteness may apply for new carthorium permit

notarial, in accordance with the provisions of articles 34 and 35 of the present

Statute. "

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Proposal for Law No. 21 /XI/1.

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Article 3.

Addition to the Statute of the Notariat

They are deferred to the Statute of the Notariat, approved by the Decree-Law No. 26/2004, of 4 of

February, amended by Law No. 51/2004 of October 29, Articles 1-A, and 40.-A

40.-D, with the following wording:

" Article 1-A

Attribution and recognition of the quality of notary

1-Can you exercise the profession of notary in Portugal:

a) The professionals who have acquired or come to acquire that

quality in the terms of this Statute;

b) The professionals who as such have been recognized;

c) The nationals of member states of the European Union legally

enabled to exercise the profession of notary and who gather the

conditions laid down in this Statute.

2-The Council of the Notariat is the competent authority to assign and

recognize the quality of notary in Portugal.

Article 40-The

Freedom of establishment in Portugal

1-Can establish itself in Portugal for the exercise of notary activity,

on full equality of rights and duties with Portuguese notaries, the

professional who posits a training title required in another State

member of the European Union for him to carry out such activity.

2-The title of training mentioned in the preceding paragraph shall:

a) Have been issued by a competent authority for the purpose;

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Proposal for Law No. 21 /XI/1.

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b) Substantiate the level of professional qualification at the minimum

equivalent to a post-secondary education training with duration

minimum of three years.

3-May still establish himself in Portugal the professional he has exercised, the

entire time, the activity of notary for two years in the course of the 10

previous years, in a member state of the European Union that does not

regulated this activity, provided that it posits a training title

equivalent to that provided for in ( d) of Article 25, issued by a

competent authority for the purpose.

4-The professionals mentioned in the previous figures become subject to the

obtaining approval in the contest referred to in para. f ) of Article 25,

as well as the prior inscription in the Order of Notaries.

Article 40-B

Freedom to provide services

1-On acting in Portugal, under the principle of free provision of

services, of notary that is found to be established in another member state

of the European Union, the provisions of Articles 3 to 5 and 7 shall apply.

of Law No. 9/2009 of March 4.

2-For the effect of the preceding paragraph, the notary who intends to provide the service

non-permanent form in Portugal must give advance knowledge of

such a fact to the Ministry of Justice, through the IRN, I. P., which communicates it to the

Order of the Notaries.

3-In the provision of notaries services in Portugal the notaries

established in other Member States of the European Union are subject

to the professional and deontological rules applicable to Portuguese notaries,

without prejudice to the rules of the State of origin to which they should continue to

subject to, under the terms of Article 40-D of this Statute.

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Proposal for Law No. 21 /XI/1.

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Article 40-C

Use of professional title

1-The professional whose qualifications are recognised in the terms of the article

40.-The must use the professional title of "notary", in the terms and for the

effects of the provisions of Article 33 of this Statute.

2-In the case provided for in the preceding paragraph, the exercise of the activity in

Portugal is subject to the rules to which the notaries are subject to

have acquired that quality in the terms of Chapter III of the present

Statute.

3-The professional whose qualifications are recognised in the terms of the article

previous one uses solely the professional title of the country in which you find

established, in the official language of that country.

4-In the case provided for in the preceding paragraph and always that the title of notary does not

exists in the country of establishment, the provider must use its title of

formation in one of the official languages of that country.

Article 40-D

Disciplinary responsibility

1-Notaries established in other Member States of the European Union and

who preshas services in Portugal with the professional title of origin

are subject to the disciplinary penalties provided for notaries

established in Portugal, and the respective disciplinary procedure shall be

instructed in collaboration with the equivalent professional organization of the

State of origin, to which it is informed of the sanction applied.

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2-A disciplinary responsibility before the Ministry of Justice and the Order

of the Notaries is independent of disciplinary liability in the face of

professional organisation of the respective State of origin, valendo in the

however the communication by the latter of the facts that determined the

establishing a disciplinary procedure or the application of a sanction to a

notary that also carries out its activity in Portugal as

disciplinary participation for the purposes of the provisions of the Regulation

discipline.

3-The notary who has been suspended or prohibited from carrying out the profession by the

professional organization of the State of origin is automatically

prevented from carrying out business in Portugal while it last

suspension or ban. "

Article 4.

Amendment to the Status of the Order of Notaries

Articles 3, 13, 15, 39, 57, 59, 61, 62, 62, and 63, 62 and 63 of the Statute of the Order

of the Notaries, approved by the Decree-Law No. 27/2004 of February 4, go on

following wording:

" Article 3.

[...]

1-[...]:

a) [...];

b) [...];

c) [...];

d) [...];

e) [...];

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Proposal for Law No. 21 /XI/1.

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f) [...];

g) [...];

h) [...];

i) [...];

j) [...];

l) [...];

m) [...];

n) [...];

o) Adopt measures that promote the reorganisation of the systems of

electronic file of notarial documents in such a way as to be able,

in the legally admitted cases and in accordance with legal obligations

applicable, be consulted through a notarial certificate

permanent, whose consultation waives the display of the original document,

in the terms of the portaria to be approved by the member of the Government

responsible for the area of justice;

p) Create and organize a central register of workers authorized to

engage in acts, in accordance with Article 8 of the Notarial Staff Regulations;

q) Approve and harmonize the technical specifications of applications

informatics to be used by the notarial offices for the purposes of ensuring

that give fulfillment to safety imperatives and to the rest

applicable legal obligations;

r) Exercise the remaining functions that result from the provisions of this

Statute or other legal precepts.

2-[...].

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Proposal for Law No. 21 /XI/1.

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Article 13.

[...]

The holders of the organs of the Order of Notaries and the table of the general assembly

are elected during the month of November of the respective year, for a period of

Three years, and may be re-elected.

Article 15.

[...]

1-A Election for the organs of the Order of Notaries depends on presentation

of bid proposal 30 days before the election act to the President of the

assembly-general, in the terms of regulation approved for the purpose.

2-[...].

3-[...].

Article 22.

[...]

1-[...].

2-[...]:

a) [...];

b) [...];

c) Mark early elections of the collegiate bodies of the Order of the

Notaries if these stay reduced to less than half of their

members after exhausting all substitutions through

alternates of the list, convening an extraordinary election meeting of the

assemblies-geral;

d) [...];

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Proposal for Law No. 21 /XI/1.

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e) Give possession to the new organs in the terms provided for in Article 17.

3-[...].

4-[...].

Article 39.

[...]

1-The notary may disclose its professional activity in an objective manner,

true and dignified, in the rigorous respect of the deontological duties, of the

professional secrecy and legal standards on advertising and competition.

2-Understand, inter alia, by objective information:

d) The personal, academic and curricular identification of the notary or the

society of notaries;

e) The number of professional ballot or the register of the society;

f) The abode of the carthorium or the caries of all the associates of the

society;

g) The appellation, the logo or other distinctive sign of the carthorium or the

society;

h) The telephone, the fax, the e-mail and other elements of

communications that it possesses;

i) The time of service to the public;

j) The languages or languages, spoken or written;

k) The indication of the respective electronic page;

l) The placement, on the exterior of the carthorium, of a plate or tabulet

identitive of its existence.

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Proposal for Law No. 21 /XI/1.

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3-Are, inter alia, lawful acts of publicity:

a) The use of cards where you can place objective information;

b) The placement, in telephone, fax, or analogous lists of the condition of

notary;

c) The publication of information on address changes, by telephone,

of fax and other data relating to the carthorium;

d) The mention of the condition of notary, accompanied by brief note

curricular, in professional, national or foreign yearbooks;

e) The promotion or intervention in conferences or colloquia;

f) The publication of brochures or writings, circulars and articles

periodicals on legal topics in specialized press or not,

may sign with the indication of his / her condition of notary and

professional organization that integres;

g) The reference, direct or indirect, to any public or private office

or employment relationship that you have exercised;

h) The mention of the composition and structure of the carthorium;

i) The inclusion of photography, illustrations and logotypes adopted.

4-The provisions set out in the preceding paragraphs shall apply to the

exercise of notarial either on individual basis or by the societies of

notaries.

Article 57.

[...]

1-The notary, or the society of notaries, should the notary opt for this form

of the management of your notarial carthorium, obligatorily contribute to the

Fund of Compensation with an ordinary comparticipation equivalent to

1% of the fees charged.

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Proposal for Law No. 21 /XI/1.

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2-The notary, or the society of notaries, does yet compulsorily contribute

for the Compensation Fund with an extraordinary comstake,

having on the basis of a percentage on the fees charged, fixed

annually by the general assembly, on a proposal from the direction.

Article 58.

[...]

Notaries, or notary societies, must communicate to the council

scrutinising, disciplinary and deontological, up to the day 10 of each month, the amount

of fees charged in the previous month.

Article 59.

[...]

The notarial caries, or the societies of notaries, are considered to be lose-laed

that, in the course of a quarter, do not reach out of fees charged the value

fixed annually by the general assembly, on a proposal from the direction.

Article 61.

[...]

1-Notaries of loss-making caries or the societies of notaries

loss-making are entitled to a provision of rebalancing, delivered

monthly in the terms of the management contract concluded between the Order

of the Notaries and the financial institution gestures.

2-The amount of the rebalancing benefit is calculated on the basis of the

amount of the fees, ascertained quarterly, charged by the

notary holder of the loss-making directory, or by the society of notaries

loss-making.

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Proposal for Law No. 21 /XI/1.

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Article 62.

[...]

1-The supervisory, disciplinary and deontological council shall promote actions

of assessment of the deficit caries and the notary societies

loss-making with the aim of ascertaining whether the notary or the partners of the

Society of notaries put in the exercise of the activity the commitment and the

due diligence.

2-[...].

Article 63.

[...]

Whenever a notarial office, or a society of notaries, suffers injury

serious caused by natural disaster, accident or criminal act, the direction of the

Order of the Notaries may determine the delivery to the notary, or to the society of

notaries, of an extraordinary provision of rebalancing of amount

suitable. "

Article 5.

Amendment to the systematic organization of the Status of Notarial

The following changes are promoted to the systematic organization of the Statute of the

Notario, approved by the Decree-Law No. 26/2004 of February 4, amended by the Law

n. 51/2004 of October 29:

a) A new Chapter VI is added, named " Recognition Of Qualifications

professionals ", which contains the articles 40.-A to 40 º-D;

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b) The previous Chapter VI passes Chapter VII, with renumbering of the remaining.

Seen and approved in Council of Ministers of

The Prime Minister

The Minister of State and Foreign Affairs

The Minister of the Presidency

The Minister of Justice