Key Benefits:
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
1
Exhibition of Motives
The reform of the notariat occurring in Portugal in 2004, based on the privatization of the same,
has come to fruition in two key diplomas: the Statute of the Notariat, approved by the
Decree-Law No. 26/2004 of February 4, as amended by Law No. 51/2004, of 29 of
October, and by the Decree-Law No. 15/2011 of January 25, and the Statute of the Order of the
Notaries, approved by the Decree-Law No. 27/2004 of February 4, as amended by the Decree-
Law No. 15/2011 of January 25.
The years decorated since the entry into force of that scheme allow to conclude by the
success, in the generality, of that reform, and, since soon, that was correct the option by the
consecration of the figure of the notary in his dual condition, that of officer, as a depositary
of public faith delegated by the State, and of a Liberal professional, who carries out its activity in a
independent framework. They also allow to conclude that the legal building created, in which it is
have assigned competences either to the Ministry of Justice, or to the Order of Notaries,
may be a target of improvements and adjustments, it is a solid, coherent building and
capable of responding to the requests placed on it, either by the notaries or by the
society in general.
The new legal regime of the notarial provided for in this proposed law, which if
conncia either in the amendment of the Statute of the Order of Notaries or in the amendments
to the Statute of the Notariat, it aims for two major goals.
First, to conform to the statutory standards of the Order of Notaries with the Law
n ° 2/2013 of January 10 establishing the legal regime for creation, organisation and
operation of the professional public associations.
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
2
Second, and in the face of the evaluation of the 2004 reform, make corrections and
improvements that the practice in this decade have allowed to detetate as necessary, maintaining
the structural principles laid down in 2004, enhancing the role of the Order of Notaries, and
dignifying even more the profession, in all its strands.
So, and in what the Notariat Statute is concerned, some amendments are provided for
relevant.
Among them are the changes to the disciplinary regime. In this scope, it sought not to
only update and develop the disciplinary standards in accordance with Law No 2/2013,
of January 10 and with the remaining Professional Statutes approved from that law
frame, but also value and reinforce the role of the Order of Notaries, ascribe
new skills not only at the level of the instruction of the processes but also at the level of the
own decision, extending it wants the scope of matters that may be decided by the Order,
want the disciplinary sanctions that this one can apply, and predicting, including, a
set of subjects in which the disciplinary action is the exclusive competence of the Order of the
Notaries.
Thus, it is established that, as up to here, notaries are subject to the disciplinary power
of the member of the Government responsible for the area of justice (which exercises its disciplinary action
through the Council of the Notariat) and the Order of Notaries. Already the competence for the
introduction and instruction of the inquiry or disciplinary procedure is awarded simultaneously
to the Council of the Notarial and to the Order of Notaries, and these entities shall notify them-
if reciprocally, when they proceed to the initiation of new proceedings. In cases where the
disciplinary proceedings has been instituted by the Order of Notaries, the possibility is given
to the Council of the Notariat to require that the same be referred to it for instruction; case
contrary, the instruction will be carried out by instructor appointed by the Order of Notaries.
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
3
Carried out the instruction, and should the instructor propose the application of sanction of suspension of the
professional exercise or definitive interdiction of the exercise of the professional activity, is the
process referred to the Council of the Notariat, for only the member of the Government
responsible for the area of justice will be able to apply those sanctions.
Should the instructor propose the application of other sanctions, refer the case for decision to the
entity that ordered him to instruct, be it the Council of the Notariat be the Order of the Notaries,
seeing that any of these entities have the competence to apply the sanction that was
proposal.
If, however, it is in question the violation of a duty of the notary exclusively for
with the Order of the Notaries, then the competence for the establishment, instruction and decision of the
disciplinary procedure is awarded exclusively, and in an innovative way, to the Order of the
Notaries, who, in these cases, will be able to apply the suspension penalties for the financial year
professional or definitive interdiction of the exercise of professional activity.
In this framework, the functions of the Institute of Registries and Notariat, I.P., are further clarified.
particularly with regard to the support for the exercise of the disciplinary action by the
member of the Government responsible for the area of justice and the Council of the Notariat.
In addition to these significant changes to the level of the structure, the disciplinary regime was
similarly reformulated in all its strands, being now envisaged in a more
developed and complete. Among the various changes that this regime has undergone, we highlight, the
exemplificatory title, and alongside the remission to the General Labor Law in Roles
Public, diploma applicable secondarily at this headquarters, a set of standards
innovators, as they are, the prediction of two forms of the disciplinary action (the process of
inquiry and the disciplinary process), the consecration of the punitiveness of the attempt, the graduation
of the disciplinary infractions (which rank in light, serious and very serious), the
clarification of the penalties applicable to the same or the prediction of the possibility of application of
ancillary sanctions.
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
4
It also introduces a relevant amendment regarding the regulation of the map
notarial. Keeping up with the structural principles of numerus clausus and of competence
territorial of the notary, it shall be determined, however, that the notarial map passes through
by decree-law, thus adopting a more agile solution and which facilitates its amendment,
contributing to their best adaptation to the reality of every moment.
It is still established a more developed regime for a fundamental matter in the
notarial activity: the guard and conservation of the archives, particularly in the cases of
temporary replacement of notary, assigning a more relevant role to the Order of the
Notaries in the determination of the concrete solution to be applied in each situation.
With regard to access to the profession of notary, they are only small
adjustments to the existing regime.
Also the subject matter of the internship suffers some changes, clarifying and developing
your regime, particularly as to the competence and periodicity of opening the period
of internship, as to the responsibilities and rights of the patron and the trainee or how much to the
division of the stage in two phases. It also allows for, for example, the reduction of the duration of the
internship also for the collaborators of notaries who have delegated competences there are,
at least one year, and it shall be determined that, in accordance with the provisions of Law No. 2/2013, of
January 10, the regulation governing the selection of trainees, the organization and the program
of the notarial stage is homologated by the member of the Government responsible for the area of
justice.
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
5
The possibility of the exercise of the profession of notary in Portugal by the
national professionals from other member states of the European Union, and in the follow-up
of the provisions of Directive No 2005 /36/CE, of the European Parliament and of the Council, of 7 of
september 2005, relating to the recognition of professional qualifications, as amended by the
Directive No 2013 /55/UE, of the European Parliament and of the Council of November 20 of
2013, and in Directive No 2006 /123/CE, of the European Parliament and of the Council, of 12 of
December 2006, concerning services in the internal market, proceeds to the revocation of the
articles 40-B to 40.-D of the Statute of the Notariat, moving away from the possibility of notaries
foreigners to come to Portugal to exercise, in a non-permanent way, notarial acts, and without
are subject to principles such as that of territorial competence.
Enlightened, still, the establishment scheme in Portugal of these professionals,
clarifying that they are also subject to the need for licence allocation to
notarial carthorium installation or integration into the notary bag.
Finally, a number of changes are still carried out that aim to adapt the essay of these
normative to the fact that today notaries exercise competencies in matters that
traditionally were not foreseen, as it is in the context of the inventory process or
in the eviction processes.
Regarding the Statute of the Order of Notaries, and as noted above, the Act
n ° 2/2013 of January 10 establishing the legal regime for creation, organisation and
functioning of the professional public associations, it is, as it could not cease to be, the
great inspiring source of the adopted solutions.
It is also intended to strengthen the role of the Order of Notaries itself, to which, while
public representative association of notaries, it is expressly attributed to the nature of
collective person of public law, provided for in Law No. 2/2013 of January 10, which no
found, however, of the statutory norm so far beholdant, recognizing so
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
6
important public powers that impend on the same in the performance of their
attributions.
One of the most significant innovations introduced in the Statute of the Order of Notaries
concerns your internal organisation.
First of all, because the supervisory, disciplinary and deontological council gives way to
two new organs, the supervisory board and the supervisory board.
The supervisory board has as competences, among others, to ensure the legality of the
activity exerted by the organs of the Order of Notaries, as well as exercising powers of
control, among them the disciplinary power over the associates.
Already the supervisory board has responsibility for the audit of the heritage management and
financial. Among the members of the supervisory board will always build an official reviewer
of accounts, assigned directly by the general assemblye.
Second, because they go on to exist two regional bodies, the assemblies
regional and the directions of regional delegations, thus promoting a larger
geographical approximation of the Order with its members.
Still with regard to the exercise of social positions, the Statute changes the duration of the
mandates (4 years), mandating that the holders of the organs of the Order of Notaries only
can be re-elected a single time.
It is further clarified that the election for the post of bastonary is done concurrently with the
election to the direction, being the bastonary the first candidate of the elected list for the
direction. As for the direction, for this one is elected the list that gets more than half of the votes
validly expressed, in universal, direct, secretive and periodic suffrage, advancing
for second suffrage in case it does not lode to obtain the number of votes referred to, to which
compete for the two most voted lists. These changes welcome and accommodate the ratio legis from the
Law No. 2/2013 of January 10, imprinting transparency in the electoral system and the
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
7
exercise of the social posts, as they harmonize the regime to the elections for the
job of bastonarium and for direction, which, given the assignments conferred on these organs,
should stick to their exercise by the permanent sharing of gestionary principles.
At the level of the financial and tax regime, it stands out not only the maintenance of the fund of
compensation, as an autonomous heritage whose purpose is to ensure the existence of
notaries throughout the national territory upon the assignment of a provision of
rebalancing, but also the creation of the notarial box supporting inventory.
This box is an autonomous heritage that aims to ensure the payment of the fees to the
notaries that tramway inventory processes, in cases where there is place the dispensation of
advance payment of costs or legal support, and may still, in a supplement, and from
Agreement with your possibilities, support and support the costs of the Order of Notaries
inherent in the activity of notaries within the legal regime of the inventory process.
The notarial box of inventory support will have as revenues, essentially, the contributions
compulsory due by the notaries calculated on the basis of the gross fees collected
in each inventory process, and the compulsory financial penalties and fines that
revert by legal disposition to the box. As costs, the box will have, fundamentally, the
compensation of notaries ' fees in the inventory processes in which there is
dispensation of prior payment of costs or judicial support.
The Statute of the Order of Notaries addresses with a little more depth the regime
of the notary scholarship, which aims to ensure and ensure the temporary replacements of notaries
and to fulfill transiently the vacancies that arise, determining also that your
scheme should be defined in regulation passed by the Order of Notaries.
At the level of professional deontology, the Statute of the Order of Notaries provides for a regime
more developed than the one currently in force, proceeding to a
more exhaustive casting not only from the duties of notaries (since soon because it is expected to
categorization of these duties as a function of the entity in the face of which such duties should be
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
8
respected), but also of the rights of notaries, particularly in the face of the Order of the
Notaries. There are also some changes to the scheme of the publicity of the acts,
but above all it is determined that such a matter becomes regulated exclusively by the
Status of the Order of Notaries, and not also by the Statute of the Notariat.
At the disciplinary level, and notwithstanding this matter being remitted to the now revised regime of the
Status of the Notariat, the Statute of the Order of Notaries encompasses an important standard
-the one that identifies the duties of notaries to with the Order, i.e. those duties
whose violations can only be sanctioned by the Order, and not also by the Council of the
Notariat.
Finally, standards are introduced that aim to expedite the practice of the profession by giving
compliance with the provisions of Law No. 2/2013 of January 10, such as those reaching the counter
single, which imposes the use of an electronic means in the communications to be carried out between the Order and
the professionals, the information that must appear on the Internet and the cooperation
administrative, being to further highlight the tutelage of the member of the Government responsible for the
area of justice and the mandatory type-approval of the Regulations of the Order of the
Notaries that show themselves especially relevant to the exercise of the profession.
Thus:
In accordance with Article 53 (5) of Law No 2/2013 of January 10 and of the d) from the
n Article 197 (1) of the Constitution, the Government presents to the Assembly of the Republic a
the following proposed law:
Article 1.
Object
1-A This Act approves the new Statute of the Order of Notaries, in accordance with
Law No. 2/2013 of January 10 laying down the legal regime for creation,
organization and operation of professional public associations.
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
9
2-A This Act also proceeds to the amendment of the Notarial Statute, approved by the
Decree-Law No. 26/2004 of February 4, as amended by Law No. 51/2004, of 29 of
October, and by the Decree-Law No. 15/2011 of January 25.
Article 2.
Approval of the new Statute of the Order of Notaries
It is hereby approved, in Annex I to this Law and that it forms an integral part, the new Statute of the
Order of the Notaries.
Article 3.
Amendment to the Status of Notarial
Articles 4, 5, 6, 16, 19, 27, 28, 30, 35, 35, 40, 43, 43, 43, 43, 43, 43, 43, 43, 43.
48, 51, 56, 57, 60 to 90 of the Notariat Statute, approved by the Decree-Law
n ° 26/2004 of February 4, as amended by Law No. 51/2004 of October 29 and by the
Decree-Law No. 15/2011 of January 25, they pass the following essay:
" Article 4.
[...]
1-Compete, in general, the notary to draft the public instrument as per
wishes of the concerned, to which to inquire, interpret and appropriate the
legal planning, clarifying them of their value and reach and exercise
all the remaining skills assigned to it by law.
2-[...].
3-[...].
4-[...].
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
10
Article 5.
[...]
1-[...].
2-[...].
3-Notaries can associate themselves in societies exclusively of notaries,
in the legally anticipated terms.
Article 6.
[...]
1-[...].
2-The number of notaries and the location area of the chartorious respects
notarial map approved by decree-law, ears the direction of the
Order of Notaries and the Council of the Notariat.
3-[ Revoked ].
Article 9.
[...]
1-[...].
2-When no replacement is possible under the terms of the preceding paragraph, the
direction of the Order of Notaries designates the notary substitute and promotes the
measures that you have by convenient, with a view to, in particular,
ensure the guard and conservation of the file, according to the criteria a
fix by regulation approved by the general meeting of the Order of the
Notaries, under proposal of the direction.
3-[...].
4-[...].
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
11
5-[...].
6-A The replacement beams until the cessation of the impediment, temporary absence,
suspension or up to the assignment of the office permit of the carthorium by means
of contest.
7-The expenses necessary for the delivery of the replacement, specifically
for the transfer of the file, are the responsibility of the notary
replaced.
Article 16.
[...]
1-Without prejudice to standards relating to territorial competence, and standards
constants of diplomas that ascribe other specific skills to the
notaries, the interested parties freely choose the notary.
2-[ Revoked ].
3-[ Revoked ].
Article 18.
[...]
In relation to each notarial act effectuated, as well as to all other acts whose
competence to be legally assigned, the notary must draw up the respect
account, with the specification of all the monies that make it up and mention
in it, by extensive, the total importance to be charged, including monies due to
an intervener by another intervener in the act or procedure, by virtue
of that same act or procedure.
.Article 19 para.
[...]
1-The payment of the account concerning the notarial act becomes the post of whom
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
12
applied for the practice of the act, being the responsibility of the stakeholders
sympathetic.
2-The payment of the account relating to other acts whose competence is
legally assigned to the notary is effected in the terms provided for in
own legislation.
3-The payment of the account may be required judicially, by the notary
or by intervener, creditor of another actor in accordance with the account,
when not voluntarily satisfied, serving as executive title the account
signed by the notary in respect of the amounts set out in the table and
legal charges or the legislation that defines the costs of the procedure.
4-4-The notary may require, in the framework of the practice of notarial acts, the
title of provision, amounts on account of the fees or expenses, under penalty
of refusal of the practice of the act, except the wills.
Article 25.
[...]
[...]:
a) [...];
b) [...];
c) [...];
d) Possess one of the following degrees in law:
i) Degree of licentiate in law;
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
13
ii) Foreign academic higher degree in law to which you have
been conferred equivalence to the degree to which the sub-paragraph is referred
previous or that has been recognized with the level of this.
e) [...];
f) [...].
Article 27.
[...]
1-The internship has the maximum duration of 18 months and is carried out under 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-The stage is found divided into two phases, with which:
a) The initial stage has the duration of six months and is intended to guarantee the
initiation to the technical aspets of the profession and a suitable
knowledge of their rules and deontological requirements, in a manner
ensure that the trainees, when they are transient to the supplementary stage,
are apt to the practice of the acts of notarial function, within the framework of their
competencies;
b) The supplementary phase has the duration of 12 months and aims for the
development and deepening of practical requirements and
deontological of the profession, intensifying the personal contact of the
trainee with the functioning of the caries, their users and
workers, and with all the aspets and institutions relevant to the
notarial function.
3-A duration of the internship, as well as each of the phases foreseen in the
previous number, are reduced to half if the trainee is:
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
14
a) [ Previous Article (a) of paragraph 2 ];
b) [ Previous Article (b) of paragraph 2 ];
c) Conservative of records, as long as it has not had final evaluation of
lower performance than "adequate";
d) [ Previous Article (d) of paragraph 2 ];
e) Collaborator of notary in exercise of roles with competences
delegated for at least one year.
4-A The duration of the internship and the respective stages is also reduced to half
if the trainee is helper or clerk of the records and the notariat,
provided that it has not had final performance evaluation of less than
"adequate".
Article 28.
[...]
1-The trainees may not, during the initial stage of the internship, practice acts of the
notarial function.
2-During the supplementary phase, trainees can practise the acts of the
notarial function that the notary patron authorizes, with the constraints
constants of Article 8 (2), and shall indicate in the acts that they practise the
quality of trainee and the authorisation.
3-[ Revoked ].
Article 29.
[...]
For the purpose of completion of the internship, and within the time frame set out in the article
27., the notary patron elaborates an information of the internship, in which if
pronounces on the aptitude of the trainee for the exercise of the notarial function.
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
15
Article 30.
[...]
The selection of trainees, the organization and the program of the notarial stage, well
as the elaboration of the information of the internship, they are governed by the standards of the
this Statute and by regulation approved by the Order of Notaries,
heard the Council of the Notariat, and approved by the member of the Government
responsible for the area of justice pursuant to the provisions of Article 45 (5)
of Law No. 2/2013 of January 10.
Article 35.
[...]
1-[...].
2-[...].
3-Notaries to whom they have been assigned leave obligate to exercise their
activity under that same permit for the minimum period of two years,
during which they are barred from applying for the new license.
Article 40-The
[...]
1-[...].
2-[...].
3-[...].
4-The professionals mentioned in the previous figures become subject
on obtaining approval in the contest referred to in para. f ) of Article 25, the
license assignment for notarial carthorium installation under the terms of the
article 34 and 35 or the integration into the notary scholarship provided for in Article 36,
and the prior enrollment in the Order of Notaries.
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
16
5-Professional practitioners who establish themselves in Portugal on the terms provided
in the present article must use the professional title of "notary", in the terms
and for the purposes of the provisions of Article 33, by giving them the provisions of
in this Statute and in the other legislation applicable to notaries.
Article 42.
[...]
1-The notary is exonerated by the member of the Government responsible for the area of
justice, at all time and at your request, upon application
presented with the minimum 90-day advance notice.
2-The notary shall inform the Order of Notaries of the date on which it intends
be exonerated at the minimum 90 days notice.
Article 43.
[...]
1-[Previous body of the article].
2-The notary shall inform the Order of Notaries of the date on which it reaches the
age limit for the exercise of your function in the minimum advance
of 90 days.
Article 48.
[...]
Known the situation referred to in the previous article, the direction of the Order of the
Notaries immediately assigns a notary to, by way of a transitional title, ensure the
operation of the carthorium and or the guard of the file, according to the
criteria to be fixed by regulation approved by the general meeting of the Order of the
Notaries, under proposal of the direction.
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
17
Article 51.
[...]
1-[...].
2-[...].
3-[...].
4-[...].
5-[...].
6-Should it not be possible, in the terms of the provisions of the preceding paragraphs,
ensure delivery, to other notary or notaries, of books and documents
notaries, the same should be delivered to the Order of Notaries that if
takes responsibility for its guard, conservation and digitisation, in view of the
creation of an electronical file system of notarial documents.
Article 56.
[...]
It is up to the Institute of Registries and Notariat, I.P., to provide the support
administrative and financial to the Council of the Notariat, as well as support to the
exercise of the disciplinary action of the member of the Government responsible for the area of
justice and the Council of the Notariat.
Article 57.
[...]
1-[...].
2-[...].
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
18
3-The Institute of Registries and Notariat, I.P., supports the activity of
supervision of notarial activity.
Article 60.
[...]
Notaries are disciplinarily responsible to the member of the Government
responsible for the area of justice and the Order of Notaries, pursuant to the
this Statute and the Statute of the Order of Notaries.
Article 61.
[...]
1-Consider disciplinary infraction all the action or omission of any
notary that violates some of the duties inherent in the exercise of public faith
notarial or the other duties of the notaries provided for in this Statute,
in the Statute of the Order of Notaries, in respect of regulations, in the
Code of the Notariat, in the cost table of the notarial acts and in any
other regulatory provisions of notarial activity.
2-The disciplinary infractions provided for in this Statute and too much
applicable legal and regulatory provisions are punishable by dolo
or negligence.
3-A attempt is punishable by the sanction applicable to the infraction consummate
especially attenuated.
4-A disciplinary infraction is:
a) Lightweight, when the accused viole in a little intense manner the duties
professionals to which adstrito is found in the exercise of the profession;
b) Grave, when the accused violates in earnest the professional duties
the one which is found to be adstrite in the exercise of the profession;
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
19
c) Very serious, when the accused viole the professional duties to which
is adstrite in the exercise of the profession, affecting with his conduct,
in such a way, the dignity and the professional prestige, which stay
definitely unviable the exercise of that one.
Article 62.
Disciplinary jurisdiction
1-Notaries are subject to the disciplinary power of the member of the Government
responsible for the area of justice and the Order of Notaries.
2-The member of the Government responsible for the area of justice exercises the action
discipline through the Council of the Notariat.
3-A suspension or cancellation of enrollment in the Order of Notaries not
makes cessation of disciplinary liability for infractions previously
practiced by the notary as such.
4-During the time of suspension of enrollment the notary remains subject to the
the disciplinary power of the member of the Government responsible for the area of justice and
of the Order of Notaries.
5-A punishment with the sanction of definitive interdiction of the exercise of the activity
professional does not make a cessation of the disciplinary responsibility of the notary
regarding the infractions by him committed prior to the definitive decision that
has applied that sanction.
Article 63.
Independence of disciplinary responsibility
1-A disciplinary responsibility is independent of civil liability or
criminal arising from the practice of the same fact.
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
20
2-A disciplinary responsibility provided for in this Statute coexists with
any other provided for by law, the disciplinary process being promoted
regardless of any other and in it solving all the
issues that matter to the decision of the cause, without prejudice to the provisions of the
the following number.
3-When, on the grounds of the same facts, it has been instituted
criminal case against notary can be ordered the suspension of the
disciplinary procedure as to those facts, by a specified time, until
is delivered final decision.
4-A The suspension of the disciplinary procedure, in the terms of the preceding paragraph, is
communicated by the entity responsible for the instruction of the process to the
competent judicial authority, to which it shall order the consignment to the entity
responsible for the instruction of the copying process of the order dispatch and,
if to it there is place, from the pronunciation dispatch.
5-Elapsed the time limit set in accordance with paragraph 9 of the following article without the
issue has been resolved, the matter is decided in the disciplinary process.
6-Where, in criminal proceedings against notary, it is designated day for the
trial hearing, the court must order the shipment to the Order of the
Notaries and the Council of the Notariat, preferably by way of electro-
of the dispatch of prosecution, of the dispatch of pronunciation and of the contestation, if
has been presented, as well as any other elements requested
by the direction or the bastonary of the Order of Notaries or by the Council
of the Notariat.
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
21
Article 64.
Prescription of the disciplinary procedure
1-The disciplinary procedure extinguishes, by effect of prescription, as soon as
on the practice of the infraction has elapsed the three year term, save the
provisions of the following number.
2-If the disciplinary infraction constitutes simultaneously criminal infraction for the
what the law establishes prescription subject to longer term, the procedure
discipline only prescribes after the course of this last term.
3-The limitation period of the disciplinary procedure runs from the day on
that the fact if it has been consummated.
4-For the purposes of the provisions of the preceding paragraph the limitation period shall only run:
a) In the instantaneous infractions, from the time of its practice;
b) In the continuing infractions, since the day of the practice of the last act;
c) In the permanent infractions, from the day on which to cease consummation.
5-The disciplinary procedure also prescribes if, since the knowledge of the
infraction by the entity with disciplinary competence or since participation
made in accordance with paragraph 1 of the following article, not to start the proceedings
competent disciplinary at the time of one year.
6-A The prescription is of officious knowledge, and the accused may, however,
require the continuation of the process.
7-The limitation period of the disciplinary procedure shall interrupt with the
notification to the accused:
a) Of the establishment of the disciplinary procedure;
b) From the prosecution.
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
22
8-After each break-up period begins to run new deadline of
prescription.
9-A The prescription of the disciplinary procedure always takes place when,
from its incept and ressaved the time of suspension, has elapsed the
normal limitation period increased by half.
10-The limitation period of the disciplinary procedure suspending itself during the
time where:
a) The disciplinary process is suspended, to await dispatch from
prosecution or of pronunciation in criminal proceedings;
b) The disciplinary procedure is pending, as of the notification of the
prosecution in him handed down.
11-A The suspension of the limitation period of the disciplinary procedure cannot
surpass the maximum period of 18 months.
12-The limitation period goes back to running from the day on which the cause ceased
of the suspension.
Article 65.
Exercise of disciplinary action
1-Have legitimacy to participate in the member of the Government responsible for the
area of justice, through the Council of the Notariat, or the Order of the
Notary facts susceptible to constituting disciplinary infraction:
a) Any organ of the Order of Notaries;
b) The Public Ministry;
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
23
c) The Institute of Registries and Notariat, I.P.;
d) Any person who has knowledge that a notary has practiced
disciplinary infraction.
2-Courts and any other authorities shall give notice to the
Order of Notaries of practice, by notary, of susceptible facts of
constitute disciplinary infraction.
3-Without prejudice to the provisions of the law of criminal procedure about the secret of
justice, the Public Prosecutor's Office and the criminal police bodies refer to the
Order certioration of the complaints, stakes or complaints filed against
notaries and which may substantiate facts susceptible to constituting
disciplinary infraction.
Article 66.
Desistance of participation
1-A dismissal of the disciplinary participation by the extinguishing participant the
disciplinary proceedings, unless the imputed infraction affects the prestige of the
notarial activity or of the Order of Notaries or the dignity of the notary
target and, in this case, this manifests intention that the process will proceed.
2-[ Revoked ].
3-[ Revoked ].
4-[ Revoked ].
5-[ Revoked ].
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
24
Article 67.
Introduction of the disciplinary procedure
1-Any organ of the Order of Notaries, officiously or having on the basis
complaint, complaint or participation submitted by person duly
identified or by entity provided for in Article 65, containing facts
susceptible to integrating disciplinary infraction of the notary, communica, of
immediate, the facts to the organ of the Order of Notaries competent for the
introduction of disciplinary proceedings.
2-Without prejudice to the provisions of the following number, in cases where the complaint, complaint
or participation be addressed to the Notariat Council and this understands that, in
virtue of the participating facts, the disciplinary procedure shall be instituted by the
Order of the Notaries, the Council of the Notariat effectuates the communication provided in the
previous number.
3-When the Council of the Notariat or the Order of Notaries conclude that the
participation is unfounded, hers gives knowledge to the notary targeted and are
issued the certificates that the same understand necessary for the tutelage of the
your legitimate rights and interests.
4-The disciplinary procedure against the bastonary or against any member of the
supervisory board in effectivity of functions can only be instituted by
deliberation of the general assembly, approved by an absolute majority, or by the
Board of the Notariat.
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
25
Article 68.
Procedural legitimacy
1-People with direct, personal and legitimate interest with respect to facts
participates can ask the entity responsible for the instruction of the
process your intervention in the same, requiring and claiming what they have
for convenient.
2-[ Revoked ].
3-[ Revoked ].
4-[ Revoked ].
Article 69.
Subsidiary law
1-Without prejudice to the provisions of this Statute, the disciplinary procedure shall govern-
if by disciplinary regulation, being subsidarily applicable the standards
procedurs provided for in the General Labour Law in Public Functions,
approved by Law No 35/2014 of June 20.
2-The disciplinary regulation provided for in the preceding paragraph shall apply to the
prosecutions instituted and educated either by the Council of the Notariat or
by the Order of Notaries, and is proposed by the Order of Notaries and
approved by the Council of the Notariat.
3-[ Revoked ].
Article 70.
Application of disciplinary sanctions
1-The disciplinary sanctions are as follows:
a) Warning;
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
26
b) Repreension registered;
c) Fine, upstream to the value of the Relation's remit, or, in the case of
collective or equiped people, up to the value of the triple of the wavewalk
Relation
d) Suspension of the professional exercise up to the maximum of five years;
e) Definitive interdiction of the exercise of professional activity.
2-A The application of the penalties provided for in points a ) a c ) of the previous number is
of the competence of the Council of Notaries and the Order of Notaries.
3-Without prejudice to the provisions of the following number, the application of the sanctions
provided for in points d ) and e) of paragraph 1 shall be the exclusive competence of the
member of the Government responsible for the areas of justice, under proposal of the
Board of the Notariat.
4-A The application of the penalties provided for in points d ) and and ) of paragraph 1 is, however,
of the jurisdiction of the Order of Notaries in cases where, pursuant to the
n Article 83 (10), the Order of Notaries shall have exclusive competence
to instruct and decide the disciplinary process.
5-A The warning sanction is applied to light infractions in the exercise of the
profession and is for the purpose of avoiding the repetition of the slug conduct.
6-A The sanction of registered reprimand consists of a judgement of deprecation by the
infraction committed and is applicable to light infractions in the exercise of the profession
to which, in the reason of the guilt of the accused, do not fall mere warning.
7-A penalty of fine is set in the right amount, depending on the severity and the
consequences of the infraction committed and is applicable to serious infractions.
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
27
8-A suspension sanction consists of the total removal of the exercise of the
profession during the period of fulfillment of the sanction and is applicable
when, taking into account the nature of the profession, the disciplinary infraction is
serious, bringing into question the physical integrity of the people or slug out of
serious form the honour or the heritage of alheios or equivalent values.
9-A sanction of definitive interdiction of the exercise of professional activity
consists of the total removal of the exercise of the profession, without prejudice to
rehabilitation and it is applicable to very serious infractions, which affect in such a way
the professional dignity and prestige that will definitely make it impossible to
exercise of the professional activity in question, putting into question the integrity
physics, life, or by harming in a very serious way the honour or heritage
alheio or equivalent values.
10-A more serious sanction application that the reprimand registered the notary
who exercises some office in the organs of the Order of Notaries determines the
immediate removal from that post, with no dependence on deliberation of the
general assembly in this direction.
11-A attempt is punishable by the penalty applicable to the infraction consummate,
especially attenuated.
12-The product of the fines reverses in favour of the State, in cases where the fine
has been applied by the Notariat Council or by the member of the Government
responsible for the area of justice, or in favour of the compensation fund provided for in the
Status of the Order of Notaries and of the Order of Notaries, in the proportions of
80% and 20%, respectively, in cases where the fine has been applied by the
Order.
13-Whenever the infraction results from the violation of a duty by omission, the
compliance with the applied sanctions does not waiver the offender of the
compliance with that, if this is still possible.
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
28
14-A Application of sanction of definitive interdiction of the exercise of the activity
professional determines the automatic cancellation of the defendants ' enrollment
of the Order of Notaries, following the recetion of the communication of the
application of that sanction.
15-A application of sanction of suspension of the exercise of professional activity
determines the suspension of the inscription of the accused of the Order of Notaries,
following the recetion of the communication of the application of that sanction.
16-The sanctions are always recorded and produce solely the effects
declared in this Statute.
17-Cumulatively or not with any of the penalties provided for in the present
Statute, full or partial restitution of fees may be imposed.
18-Regardless of the final decision of the process, it may be imposed on
restitution of amounts or documents that have been entrusted to the
notary.
Article 71.
Graduation
1-In the determination of the measure of the sanctions must meet the antecedents
practitioners and disciplars of the accused, the degree of guilt, gravity and the
consequences of the infraction, the economic situation of the accused and all the
too much aggravating or mitigating circumstances.
2-Are mitigating circumstances:
a) The effective exercise of the profession of notary for a period higher than
Five years, followed or interpolated, without any disciplinary penalty;
b) The spontaneous confession of the infraction or infractions;
c) The collaboration of the accused for the discovery of the truth;
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
29
d) The repair of the damage caused by the lesive conduct;
e) Having the accused acted under the influence of serious threat;
f) To have been the conduct of the accused determined by honorable reason, by
strong solicitation or temptation of the utent itself;
g) There have been demonstrative acts of sincere repentance of the
argued, namely redress, as far as it was possible, of the
damage caused;
h) Have elapsed long on the practice of infraction, keeping the
argued good conduct;
i) The provocation.
3-Are aggravating circumstances:
a) Premeditation in the practice of the infraction and the preparation thereof;
b) The collusion;
c) The recidivism, considering itself as such the practice of infringement before
of the expiry of the five year period after the day on which it becomes
definitive the conviction for previous infraction of infringement;
d) The accumulation of infractions, whenever two or more infractions are
committed at the same time or when another is committed before
of having been punished the previous one;
e) The fact that the infraction or infractions are committed during the
compliance with disciplinary sanction or in the course of the period of
suspension of disciplinary sanction;
f) The production of considerable value damage, understanding itself as
such whenever it exceeds the value of half of the winged of the courts of the
relation.
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
30
Article 72.
Application of ancillary sanctions
1-Cumulatively with the application of disciplinary sanctions, they may be
applied, in the title of ancillary sanctions:
a) Mandatory frequency of supplementary training shares to the shares
of compulsory training;
b) Restitution of amounts, documents or objects;
c) Loss, total or partial, of fees and the costing of expenses;
d) Loss of the product of the benefit obtained by the offender.
2-The ancillary sanctions can be cumulated with each other.
3-In the application of the ancillary sanctions must meet the expected criteria
in paragraph 1 of the previous article.
4-The result of the application of the ancillary sanctions provided for in points (c) and (d)
of paragraph 1 considers itself to be lost in favour of the Order's clearing fund
of the Notaries.
Article 73.
Unity and accumulation of infractions
Without prejudice to the application of the ancillary sanctions referred to in the previous article,
may not apply to the same notary more than a disciplinary penalty for
each fact punishable.
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
31
Article 74.
Suspension of the implementation of sanctions
1-Taking into consideration the degree of guilt, the behaviour of the accused and the
other circumstances of the practice of infraction, the disciplinary sanctions
lower than the definitive interdiction of the exercise of professional activity
may be suspended in its execution for a period of time between
one and five years.
2-Cessa the suspension of the execution of the sanction whenever, in respect of the
notary punished, be handed final decision of conviction in new
disciplinary process.
Article 75.
Application of the suspension sanctions over two years and definitive interdiction of the
exercise of professional activity
1-A application of the suspension penalty of more than two years or that of interdiction
definitive of the exercise of the professional activity can only take place after
public hearing, pursuant to the terms provided for in the disciplinary regulation.
2-A sanction of suspension for period of more than two years and the sanction of
definitive interdiction of the exercise of professional activity can only be
applied by the Order of Notaries in accordance with Article 83 (11), by
deliberation that assemble the qualified majority of two-thirds of the members of the
disciplinarily competent body.
3-A sanction of definitive interdiction of the exercise of professional activity only
may be applied to the very serious infractions, and may not originate in the
default by the notary of the duty to pay quotas.
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
32
4-The non-compliance by the notary of the duty to pay quotas may give way to the
application of disciplinary suspension sanction when it is apure that is culposable
and extend for a period longer than 12 months, ceasing or extinguishing yourself
the penalty when the voluntary payment occurs.
5-[ Revoked ].
6-[ Revoked ].
7-[ Revoked ].
Article 76.
Implementation of sanctions
1-Compete in the direction of the Order of Notaries and the Council of the Notariat,
with the collaboration of that and to the extent of the respondent, give execution to the
decisions rendered at the headquarters of disciplinary proceedings, specifically
practicing the acts necessary to the effective suspension or cancellation of the
enrollment in the Order of Notaries of notaries to whom the
suspension and definitive interdiction sanctions of the activity
professional, respectively.
2-A application of suspension sanction or definitive interdiction of exercise
of the professional activity implies the temporary or definitive prohibition,
Respect, from the practice of any professional act and the delivery of the ballot
professional at the headquarters of the Order of Notaries or in the respective delegation
regional in which the accused has his or her professional domicile, in cases
applicable.
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
33
Article 77.
Start of production of effects of disciplinary sanctions
1-The disciplinary sanctions initiate the production of its effects the next day
to the one in which the decision becomes final.
2-If, on the date on which the decision becomes final, the inscription is suspended
of the defendants, compliance with the disciplinary penalty of suspension has commented
the day after the lifting of the suspension.
Article 78.
Deadline for payment of the fine
1-The fines imposed under the terms of the paragraph c) of Article 70 (1) shall be
paid within 30 days from the start of production of effects of the
respect for respect.
2-To the notary who does not pay the fine within the time limit referred to in the preceding paragraph is
suspended the inscription, upon decision of the body disciplinarily
competent, to which it is communicated to you.
3-A suspension can only be lifted after proven payment of the
importance in debt.
Article 79.
Communication and advertising
1-A application of the sanctions referred to in points b ) a and ) of Article 70 (1) is
communicated by the Council of the Notariat or the direction of the Order,
depending on the penalty is determined by the Council of the Notariat or by the
competent body of the Order of Notaries, to the society of professionals by
account of which the accused preside services at the date of the facts and, if not the
same, to the society of professionals on account of which the accused preside
services at the date of sentencing for the practice of disciplinary infraction.
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
34
2-When the imposed penalty is of effective suspension or interdiction
definitive of exercise of the professional activity, is given advertising by
means of edital published on the Internet site of the Order of Notaries and in a
of the most widely read daily newspapers of national scope, for three days straight,
of him by constying identity, the number of the professional ballot and the domicile
practitioner of the noted notary, as well as the violated standards and the sanction
applied.
3-The edict referred to in the preceding paragraph shall be sent to all the courts,
conservatory, notarial caries and finance repartitions.
4-If it is decided to hold preventive or applied suspension of suspension or
of definitive interdiction of exercise of the professional activity, the direction of the
Order of Notaries must enter the corresponding annotation on the lists
permanent associates of associates disclosed by computer means.
5-The disciplinary sanctions provided for in points a ) a c) of Article 70 (1) and
the preventive suspension provided for in Article 86 of this Statute shall be
advertised when this is determined by the decision that applies them.
6-A advertising of disciplinary sanctions, preventive suspension and
ancillary sanctions is promoted by the disciplistically competent body,
being effected at the expense of the offender.
7-Without prejudice to the provisions of the preceding paragraph, the Council of the Notariat or
the Order of Notaries, depending on the cases, restitutes the amount paid by the
argued to give publicity to your preventative suspension whenever this
do not come to be condemned in the framework of the respecting procedure
discipline.
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
35
Article 80.
Prescription of disciplinary sanctions
1-The disciplinary sanctions prescribe us on the following deadlines:
a) Those of warning and reprimand registered, within two years;
b) The one of fine, within two years;
c) The suspension of the exercise of the professional activity, within the period of
three years;
d) The definitive interdiction of exercise of the professional activity, in the
term of five years.
2-The limitation period runs from the day after the one in which the decision is
make it definitive.
Article 81.
Principle of enrollment in the Order
1-The individual process of the associates in the Order of Notaries includes a
enrollment, of which the disciplinary sanctions referred to in the paragraphs are listed b ) a
and ) of Article 70 (1) and the ancillary sanctions that have been imposed on it
applied.
2-The enrollment is managed by the direction of the Order of Notaries, on the basis of the
elements communicated by the disciplinary bodies of the Order and the
Board of the Notariat.
3-A The conviction of a notary in criminal proceedings is communicated to the Order
of the Notaries for the effect of averaging to the enrollment respect.
4-The sanctions referred to in points b ) and c ) of Article 70 (1) are removed
of the enrollment after the course of the five year period from its
compliance.
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
36
Article 82.
Compulsion of the disciplinary procedure
1-A The application of a disciplinary sanction is always preceded by the clearance
of the facts and disciplinary responsibility in own process, in the
terms provided for in this Statute and in the disciplinary regulation.
2-[ Revoked ].
3-[ Revoked ].
Article 83.
Introduction, instruction and decision of the process
1-Are competent for the initiation and instruction of inquiry process or
of disciplinary proceedings the Council of the Notarial and the Order of Notaries,
through the competent body to the effect under the terms of the Statute of the
Order of the Notaries.
2-Where any of the entities referred to in the preceding paragraph shall proceed to
introduction of new process must notify to the other entity such
introduction, including the possible facts that have justified it.
3-Where the disciplinary procedure is instituted by the Order of Notaries,
the Council of the Notariat shall, within 15 days of the notification
effected under the terms of the preceding paragraph, communicate whether it intends to
process to be referred to you to be instructed by instructor per se
named.
4-Should the Council of the Notariat inform you not to claim that the proceedings
be remitted for instruction, or do not respond within the prescribed time frame, the organ
competent of the Order of Notaries shall proceed to the appointment of the instructor
of the process.
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
37
5-Where, in the context of a process being instructed by
instructor appointed by the Order of Notaries this one has knowledge of
facts susceptible to substantiating new infractions, should give immediate
knowledge of the same to the Council of the Notariat.
6-The notification provided for in the preceding paragraph, the Council of the
Notariat may, within 15 days, request the shipment of the process
discipline, passing that process to be instructed by appointed instructor
by the Council of the Notariat.
7-Received the communication provided for in paragraph 5 and with a view to informing the outlet
of a decision to which you rent the previous number, the Council of the Notariat may
ask the instructor appointed by the Order of Notaries to carry out
any instructional due diligence.
8-Completed the instruction of the process by instructor appointed by the Order of the
Notaries, and should this propose, in the final report, the application of sanction
that, in accordance with Article 70 (3), can only be applied by the Member
of the Government responsible for the area of justice, is the process remitted to the
Board of the Notariat.
9-In cases where the instructor proposes, in the final report, the application of
any of the penalties provided for in the ( a ) a c ) of Article 70 (1) or the
archiving of the autos, is the process remitted to the entity that instituted it,
for it to be delivered decision.
10-The provisions of the preceding paragraphs shall not apply to proceedings
disciplinary in the part where they are in question the violation of duties of the
notaries exclusively for with the Order of the Notaries, pursuant to the
respect the Statute, competing in such cases exclusively to the Order of the
Notaries to the introduction, instruction and decision of the disciplinary process.
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
38
11-In cases provided for in the preceding paragraph, the Order of Notaries may
carry out the implementation of the penalties provided for in the ( d ) and e) of paragraph 1 of the
article 70.
Article 84.
Forms of the process
1-A disciplinary action carries the following forms:
a) Process of inquiry;
b) Disciplinary process.
2-The inquiry process is applicable when it is not possible to identify
clearly the existence of a disciplinary infraction or the infringing respect,
imposing yourself to making summary representations for enlightenment or
concretization of the facts in question.
3-Applies to the disciplinary process whenever there are indications that
determined associate has practiced properly realized facts,
susceptible to constitute disciplinary infraction.
4-After ascertaining the identity of the offender, or, as soon as they show
minimally realized or enlightened the participating facts, being
they susceptible to constitute disciplinary infraction, is proposed to be immediately
conversion of the process of inquiry into disciplinary proceedings, upon
seem succinctly reasoned.
5-When participation is manifestly unviable or unfounded, it must
same to be liminally filed, giving fulfillment to the willing
n Article 67 (3).
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
39
6-If the analysis of the conduct of an associate carried out in the framework of the proceedings
of inquiry results in sufficient evidence of the practice of disciplinary infraction
abstractly punishable with warning or reprimand sanction
registered, the disciplinary body that appointed the instructor may determine the
provisional suspension of the proceedings by the imposition of the accused of
rules of conduct or the payment of a certain amount, to the title of
surety, where the following assumptions are checked:
a) Absence of previous application of provisional suspension of proceedings
by the same type of infraction;
b) Absence of a high degree of guilt.
7-In the case provided for in the preceding paragraph, the following are applicable to the following
measures:
a) Payment, within 10 working days, of an amount between 1 a to 5 UC,
in the case of natural persons, or between 2 and 8 UC, in the case of persons
collectives or equiparades;
b) Implementation of a restructuring plan of your activity, nos
terms and timeframe that are defined;
c) Frequency of training actions, in the terms and time limit they are
defined.
8-The default of the determined measures, to which the number
previous, implies the continuation of the suspended disciplinary process
provisionally in the terms of paragraphs 6 and 7.
9-If the offender complies with the determined measures, the process is filed and
are giving you back the amounts paid.
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
40
Article 85.
Disciplinary procedure
1-The disciplinary procedure is regulated in the disciplinary regulation.
2-The disciplinary process is composed of the following phases:
a) Instruction;
b) Defence of the accused;
c) Decision;
d) Execution.
3-At all stages of the disciplinary process are ensured to the accused all
the defence guarantees in the general terms of law.
4-[ Revoked ].
Article 86.
Preventive suspension
1-Together with the dispatch of prosecution, the instructor may propose that it be
applied to the accused the preventive suspension measure when:
a) There is founded fear of the practice of new and serious infractions
disciplinary or disturbance of the course of the procedure;
b) The accused has been charged or criminally pronounced by
crime committed in the exercise of the profession or by crime to which
match sanction greater than three years in prison, or
c) Be unknown the whereabouts of the accused.
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
41
2-A preventive suspension is determined by deliberation of the organ that
proceeded to the appointment of the instructor and may not exceed the period of six
months, excecionally extended by equal period, upon appropriate
reasons.
3-In cases where the instructor has been appointed by organ of the Order of the
Notaries, the deliberations provided for in the preceding paragraph shall be taken by
a qualified majority of two-thirds of the members in effectivity of functions.
4-The length of time of the preventive suspension measure is always
discounted in the sanction of suspension.
5-The disciplining processes with defendants suspended preventively have
urgent character and its procedural march prefers to all too many.
6-The interposed appeal of the decision that applies the suspension measure
preventive has immediate ascent and devolutive effect.
Article 87.
Secret nature of the process
1-The process is of a secret nature until the dispatch of prosecution or
archiving.
2-The rapporteur may, however, authorize the consultation of the procedure by the person concerned
or by the accused, when hence it does not result inconvenience to the instruction.
3-The rapporteur may still, in the interest of the instruction, make it known to the
interested in or the accused copy of parts of the process, in order to about them if
pronounce.
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
42
4-Mediant application in which the end to which they are intended, may the
body with competence for the establishment of the disciplinary procedure, authorize
the passage of certificates at any stage of the process, for defence of
legitimate interests of the applicants, and may condition their use,
under penalty of the offender incurring the crime of disobedience, and without prejudice
of the duty to keep professional secret.
5-The defendants or the interested, when notary, who does not respect nature
secret of the process incurs disciplinary responsibility.
Article 88.
Recurrable decisions
1-Of decisions taken in disciplinary matters rests with contentious appeal to
the administrative courts, in the general terms of law.
2-The decisions of mere expedient or concerning the discipline of the works not
are liable to appeal under the terms of the previous number.
Article 89.
Review
1-It is permissible to review the final decision delivered by the entity with
disciplinary competence whenever:
a) A court ruling carried forward on trial to declare false any
elements or means of evidence that have been determinant for the
revidend decision;
b) A judicial decision carried forward on trial has given as proved
crime committed by member or members of the organ that delivered the
decision revidend and related to the exercise of its functions in the
process;
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
43
c) The facts that have served as a foundation of the sentencing decision are
irreconcilable with those that are given as proven nother
definitive and opposition decision to result serious doubts about the
justice of the conviction;
d) If they have discovered new facts or means of proof that, by themselves or
cominated with those who have been appreciated in the process, suscitem
serious doubts about the fairness of the sentencing decision handed down.
2-A simple allegation of illegality, formal or substantial, of the process and
disciplinary decision shall not constitute grounds for the review.
3-A review is admissible even if the process finds itself extinct or the sanction
prescribed or abiding.
4-The exercise of the right of review shall be governed by the applicable provisions of the
disciplinary regulation.
Article 90.
Rehabilitation
1-In the case of sanction application of definitive interdiction of the exercise of the
professional activity, the notary can be rehabilitated, upon
duly reasoned application for the entity that delivered the
decision and provided that the following requirements cumulatively fulfil the following:
a) They have elapsed more than 15 years since the decision that applied to
sanction has become unrecurrable;
b) The rehabilitating has revealed good conduct, and may, for the
demonstrate, use any legally permissible means of proof.
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
44
2-Should the rehabilitation be dewound, the rehabilitated notary recovers fully
your rights and is given the publicity due, pursuant to the n. 2 a to 6 of the
article 79, with the necessary adaptations.
3-[ Revoked ]. "
Article 4.
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 and by the Decree-Law No. 15/2011,
of January 25, Articles 27-A, 27.-B, 27.-C, 27.-D, 28.-A, 30.-A, 84.
with the following essay:
" Article 27.
Opening of the internship periods
1-It is up to the Order of the Notaries to promote the opening of the internship period, the
which one should occur once a year.
2-A The Order of the Notaries publishes the announcement of the opening period of internship
on its website, indicating the start date of the same, with, by the
less, six weeks in advance.
Article 27-B
Patron
1-The notary patron is the main person responsible for the orientation and direction
of the professional exercise of the trainee, by the way of promoting the training
during the internship and appreciate the aptitude and ethical and deontological idoneity of the
trainee for the exercise of the profession, issuing for the purpose the information
of the internship provided for in Article 29, and by participating directly in the process
of evaluation.
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
45
2-The notary patron is bound by the fulfillment of the following
duties:
a) Allow the trainee the access to his or her carthorium and the use of this, in the
conditions and with the limitations it comes to establish;
b) To facilitate access to the use of the equipment of the carthorium,
specifically of telephones, fax machines, computers and others in the
conditions and with the limitations that come to be determined;
c) Allow the trainee to attend the notarial acts that practise and
respects preparatory and supplementary representations, when this the
request or when the interest of the issues in question rewards it;
d) Allow the trainee to have access to the notarial documents by you
prepared and elaborate, as well as to your books and respects
notarial documents in the conditions and with the limitations that comes to
determine;
e) To advise, guide and inform the trainee for the entire time of
training;
f) Elaborate the internship plan;
g) Check if the trainee comappears regularly and continuously in the
carthorium and respects the times of service to the public;
h) Elaborate the internship information as provided for in the present
Status and the internship regulation;
i) Comply with the legal formalities inherent in the realization of the internship.
3-The notary patron may, under his responsibility, authorize the
trainee to practise certain acts or categories of acts, in the terms
provided for in Article 8.
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
46
Article 27 -C
Duties of trainees
They are the duties of the trainees during their entire internship period:
a) Scrupulously observe the rules, conditions and limitations regarding
to the use of the equipment and facilities of the notary's office
patron;
b) Store respect and loyalty to the notary patron;
c) Submit to the internship plan defined by the notary patron;
d) Collaborate with the notary patron whenever this one requests and effectes
work that is determined to you, as long as it is revealed
compatible with the activity of the internship;
e) Collaborate with assiduity, punctuality, commitment, zeal and
competence in all activities and work that is to you
submitted, as well as in the daily activity of the carthorium;
f) Guarding professional secrecy;
g) Communicate to the direction of the Order of Notaries any fact that may
condition or limit the full compliance with the statutory standards and
requirements inherent in the internship;
h) Comply in fullness all too many deontological obligations and
regulation in the exercise of notarial function;
i) State the quality of trainee and the authorisation provided for in paragraph 3 of the
previous article, in the acts that practise, during the supplementary phase of
stage;
j) Elaborate final internship report, in the terms provided for in the present
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
47
Status and the internship regulation.
Article 27-D
Insurance of the trainee
At the time of enrolment, the trainee must present proof of
subscription to the group insurance policy made available by the Order of the
Notaries, or contracted by you, relative to:
a) Personal accident insurance that covers the risks that may occur
during and because of the internship;
b) Professional civil liability insurance that covers, during the
realization of the internship, the risks inherent in the performance of tasks
that as a trainee assigned to it, as per the established
in the respectful policy, renewing it whenever necessary until your
conclusion and which beams as long as that enrollment holds active.
Article 28-The
Suspension and extension of the internship
1-The trainee can, freely and unilaterally, apply for the direction of the Order of the
Notaries the suspension of your internship, for time determined or
undetermined.
2-Finda the suspension, the stage resumes at the same stage in which it was suspended,
being that if the suspension extends by maturity of more than one year, the
trainee must restart the phase in which it is found, subjecting itself to the standards
regulations in force at the date of the restart.
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
48
3-The time of internship may be extended to the request of the trainee,
duly justified and accompanied by the opinion of the notary patron,
being cherished and decided by the direction of the Order of Notaries.
4-A prolongation can only be granted for a single time and by period
never more than six months.
Article 30-The
Professional internship promoted by the public employment service
1-The professional stage of the Order does not confuse with the internship
professional promoted by the public employment service.
2-Without prejudice to the provisions of the preceding paragraph, the Order may decide
forms of recognition or equiparation of the stages promoted by the
public employment service.
Article 84-The
Tramping of the process
1-In the instruction of the process must the reporter seek to attain the material truth,
removing all obstacles to your regular and rapid progress and
refusing, grounded, all that is impertinent, useless or
dilatory.
2-A form of the acts, when it is not expressly regulated, must adjust
at the end in view and limit itself to the indispensable to achieve it.
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
49
Article 130.
Law No. 9/2009 of March 4
The provisions of Law No. 9/2009 of March 4, amended by Laws No 41/2012,
of August 28 and paragraph 25/2014 of May 2, which transposes to the order
legal internal to Directive No 2005 /36/CE, of Parliament and of the Council, of 7
of September, concerning the recognitions of professional qualifications, and the
Directive No. 2006 /100/CE of the Council of November 20, which adapts
certain directives in the field of the free movement of persons, by virtue
of the accession of Bulgaria and Romania, shall not apply to the exercise of the activity
of notary or to the recognition of the qualifications required of that
exercise. "
Article 5.
Amendment to the systematic organization of the Status of Notarial
Chapter X of the Statute of the Notariat, approved by the Decree-Law No. 26/2004, 4 of
February, called "Discipline" becomes comprising of the following sections:
a) Section I, called "General Provisions", which contains Articles 60 to 64.
b) Section II, called "From the exercise of disciplinary action", which contains the articles
65. to 69.
c) Section III, called "The disciplinary sanctions", which contains Articles 70 to
81.
d) Section IV, referred to as "The Case", which contains Articles 82 to 87;
e) Section V, called "Das guarantees", which contains Articles 88 to 105.
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
50
Article 6.
Transitional arrangement
1-The amendments made by this Law shall apply to the stages which are initiated
after its entry into force, and to the disciplinary proceedings instituted, from that
date.
2-It Is Incumbent on the direction of the Order of Notaries to proceed, within 180 days, to the
adaptations necessary for the election and installation of the new organs of the Order,
specifically the supervisory board, the supervisory board and the directions of the
regional delegations.
3-Within 180 days after the entry into force of this Law are held the elections
for the organs referred to in the preceding paragraph.
4-A General assembly shall proceed to the approval of the regulations provided for in the Statute
of the Notariat and the Statute of the Order of Notaries set out in Annex I to this Law
that have not yet been approved and to proceed to the adaptation of the regulations
existing within one year after their takeover.
5-After the elections referred to in paragraph 2, the pending disciplinary proceedings in the council
supervising, disciplinary and deontological are transferred to the supervisory board.
6-Until the publication of the decree-law provided for in Article 6 (2) of the Statute of the Notariat
in the essay given by this Law, the constant notarial map of the
annex 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 and by the Decree-Law
n. 15/2011, of January 25.
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
51
Article 7.
Abrogation standard
They are revoked:
a) Article 1-Article 6 (3), paragraphs 2 and 3 of Article 16, paragraph 3 of the article
28, Article 40 (2), Articles 40-B, 40-C and 40.-D, the n. paragraphs 2 a to 5 of the article
66, paragraphs 2 a to 4 of Article 68, Article 69 (3), Article 75 (5 a) (7),
o n. paragraphs 2 and 3 of Article 82, Article 85 (4), Article 86 (5), paragraph 3 of the
Article 90, Articles 91 to 105 and the Annex to the Status of Notarial, adopted
by Decree-Law No. 26/2004 of February 4, as amended by Law No. 51/2004, of
October 29, and by the Decree-Law No. 15/2011 of January 25;
b) The Decree-Law No. 27/2004 of February 4.
Article 8.
Republication
It is republished, in Annex II to this Law and that it forms an integral part, the Statute of the
Notariat, approved by the Decree-Law No. 26/2004 of February 4, with the current essay;
Article 9.
Entry into force and production of effects
1-Without prejudice to the provisions of the following paragraphs, this Law shall enter into force 30 days
after its publication.
2-Without prejudice to the provisions of Article 6 (1), the standards of the Statute of the Order of the
Notaries set out in Annex I to this Law, which are not necessary for the realization of the
election acts referred to in Article 6, they only produce effects 180 days after the entry
in force of this Law or on the date of taking possession of the new elected bodies, if
this is before.
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
52
3-The standards of the Statute of the Order of Notaries set out in Annex I to this Law which
predict the obligation to contribute to the Notarial Box Office of Inventory Support and the
competencies of the Order of Notaries for the collection of these contributions produce
effects on the day following that of the publication of this Law.
Seen and approved in Council of Ministers of March 12, 2015
The Prime Minister
The Minister of the Presidency and Parliamentary Affairs
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
53
ANNEX I
(referred to in Article 2)
STATUS OF THE ORDER OF NOTARIES
Title I
From the Order
CHAPTER I
General provisions
Article 1.
Denomination, nature and headquarters
1-A Order of the Notaries, hereinafter referred to by Order, is the association
professional public representative of notaries.
2-A Order is a collective person of public law, who in the exercise of the
your public powers practise the administrative acts necessary for the performance of the
its functions and approves the regulations provided for in the Act and in this Statute, in a manner
independent of the organs of the state.
3-A Order enjoys legal personality and is headquartered in Lisbon.
Article 2.
Scope
1-A Order exercises the assignments and competences set out in the present
Status in the territory of the Portuguese Republic.
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
54
2-Without prejudice to the provisions of the preceding paragraph, the Order shall comprise the
following regional structures, called regional delegations, of competence
territorial delimited to the circumscribed respect, to which it is incumbent to represent and defend
the interests of the associates of the Order who exercise duties in the respect of the area of the
circumscription:
a) Regional delegation of the North with the territorial competence corresponding to the
Districts of Aveiro, Braga, Bragança, White Castle, Coimbra, Guard, Porto,
Viana do Castelo, Vila Real and Viseu;
b) Regional delegation of the Centre, South and Autonomous Regions with the competence
territorial corresponding to the districts of Beja, Évora Faro, Leiria, Lisbon,
Portalegre, Santarém and Setúbal and Autonomous Regions of the Azores and Madeira.
3-It is the competence of the regional direction, heard the regional assembly and the
direction of the Order, approve the location of the thirst seat.
Article 3.
Attributions
Are attributions of the Order:
a) Uphold the rule of law and the rights, freedoms and personal guarantees and
collaborate in the administration of justice by proposing the legislative measures that
consider appropriate to their proper functioning;
b) Ensuring the transparent development of notarial activity, with
respect for the principles of independence and impartiality;
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
55
c) Promoting the dissemination and deepening of deontological principles
of notarial activity, taking into account the essential public nature of this, and to ensure
by their fulfillment;
d) Promote the improvement and professional upgrading of notaries and
collaborate with the representative associations of the workers of the notariat in the
vocational training and upgrading of these;
e) Collaborate with the State in the competitions for award of the title of notary
and in the contests for assignment of notarial carthorium installation license;
f) To draw up and update the professional registration of their associates;
g) Defend the interests and rights of their associates;
h) To strengthen solidarity among its associates, specifically through
of the management of the clearing fund;
i) Elaborate and adopt the convenient internal regulations, in the terms of the
legal regime for the creation, organisation and operation of the associations
professional public, approved by Law No 2/2013 of January 10;
j) Exercise, in conjunction with the State, the supervision of notarial activity;
k) Exercise disciplinary jurisdiction over the associated respects and collaborate
with the State in the exercise of that disciplinary jurisdiction, in the terms provided for in the
Status of the Notariat, approved by the Decree-Law No. 26/2004, of 4 of
February, amended by Law No. 51/2004 of October 29 and by the Decree-Law
n. 15/2011 of January 25;
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
56
l) Contribute to the development of legal culture and improvement of the
drafting of the right, and should be heard on diploma projects
legislative and regulatory that are of interest to the exercise of notarial activity,
Notably those defining the conditions of access, the
incompatibilities and the impediments of notaries, as well as those that set the
values of notarial acts;
m) Represent the associated respects with national entities and
international and contribute to the narrowing of links with organisms
foreign counterparts;
n) Give lauds on fees, when requested by the courts, by the
notaries, by any person concerned or, in relation to the accounts, by the responsible of the
respect for payment, in the terms and for the manner to be defined in own regulation;
o) Adopt measures that promote the reorganization of the archive systems
electrolytic of notarial documents in such a way that they can, in cases
legally admitted and in accordance with the applicable legal obligations, be
consulted through a permanent notarial certificate, whose consultation dispensed
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 the central register of scriptures and wills, in the terms
defined by own legislation;
q) Creating and organizing a central register of employees allowed to practise
acts, in accordance with Article 8 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, and by the Decree-Law No. 15/2011 of January 25;
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
57
r) Approve and harmonize the technical specifications of computer applications
to be used by the notarial offices in order to ensure that they give compliance
to safety imperatives and to the remaining applicable legal obligations;
s) Develop or promote the development of informatics platforms
that confirm greater transparency and simplify the exercise of the activity
notarial;
t) Constitute a centre for mediation and arbitration;
u) Exercise the remaining functions that result from the provisions of the present
Statute or other legal precepts.
Article 4.
Tutela
The powers of administrative guardians on the Order shall be exercised, in the terms provided for in the
Law No. 2/2013 of January 10 by the Member of the Government responsible for the area of
justice.
Article 5.
Representation of the Order
The Order is represented in judgment and outside of it by the bastonary or, in its impediments,
by the vice president of the direction.
Article 6.
Resources
1-It is up to claim or hierarchical appeal to the supervisory board of the
acts practiced by the other organs of the Order in the exercise of the respects
competencies.
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
58
2-complaints can be lodged with the ombudsman of the acts
practiced by the organs of the Order.
3-The acts practiced by the organs of the Order of Notaries can be object
of appropriate actions and procedural measures, proposed in the administrative courts, in the
general terms of law.
Article 7.
Principle of collaboration
1-Public entities, judicial and police authorities, as well as the
organs of criminal police shall, in the terms of law, collaborate with the organs of the Order,
in the exercise of their assignments, notably by providing them with the information that
require and that they do not have a reserved or secret character.
2-All the organs of the Order, as well as all its members, notaries or
notary societies have the special duty to provide full collaboration, in the exercise
of his assignments and competences, to all public entities, authorities
judicial and police officers, as well as to the criminal police bodies.
3-All notaries, respect societies, as well as private individuals, be
natural or collective persons, have a duty to collaborate with the Order in the exercise of the
your attributions.
CHAPTER II
Organs
SECTION I
General arrangement
Article 8.
Organs
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
59
1-A Order continues the assignments conferred on it in the present
Status and in the other legislation through own organs.
2-Are national bodies of the Order:
a) The assemblage-geral;
b) The bastonary;
c) The direction;
d) The supervisory board;
e) The supervisory board.
3-Are regional bodies of the Order, with competence in the circumscription
territorial of the respective delegation:
a) The regional assemblies;
b) The regional directions.
4-In all collegiate bodies in which a president is designated, this,
or their replacement, have a vote of quality in the event of a tie in the votes.
5-In the event that the replacement of members of the collegial bodies is necessary
are called the alternates by the ordinance of the respective lists presented.
SECTION II
Elections, mandates and exercise of the posts
Article 9.
Right to vote
1-Only have the right to vote those associated with enrollment in force, in full
exercise of their rights, and who are not professional societies.
2-The vote is secret and compulsory, and may be exercised personally or by
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
60
correspondence addressed to the president of the general assembly desk sent to the head office
of the Order in the terms of the electoral regulation.
3-The associate who quit voting for no justified reason pays fine of
amount equal to twice the value of the monthly quotization, to be applied by the direction.
4-A The justification of the lack must be presented by the person concerned with the direction, in the
period of 15 days from the date of the election, which, if it considers it to be unfounded, deliberates the
application of the fine provided for in the preceding paragraph.
5-The amount of fines applied in the terms of the previous figures
revert to the compensation fund.
Article 10.
Elective and temporary nature of the exercise of social positions
1-The holders of the organs of the Order shall be elected for a period of four years, and may
be re-elected a single time.
2-Having been re-elected, the holders of any organ of the Order can only be elected to
the same body that has elapsed the period of a full term after the cessation of
functions in the organ concerned.
3-The impediment of renewal of the mandate referred to in the preceding paragraph shall not apply to the
mandate that has had a duration of less than one year.
4-It is not impediment to the application to bastonarium, the fact that the candidate has belonged
in previous mandates in the direction.
Article 11.
Eligibility of holders
1-You may only be elected or assigned to any organs of the Order os
associated with enrollment in force and in the full exercise of their rights, which are not
professional societies.
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
61
2-For the posts of bastonics and supervisory board members can only
be elected associates of the Order with at least five years of exercise of the profession.
3-A sign-up time count is done with reference to the deadline date for
submission of applications.
4-For the posts of members for regional directions the enrollment in force
referred to in paragraph 1 has to respect the respective territorial circumscription.
5-The provisions of paragraph 1 shall not apply to the official reviewer of accounts that integrate
the supervisory board, with enrollment in force in respect of public association
professional.
Article 12.
Submission of application and date of elections
1-A Election for the organs of the Order depends on proposal submission
of candidature for the president of the general assembly desk in exercise, pursuant to
regulation approved for the purpose.
2-Application proposals are subscribed for a minimum of 30
associated with enrollment in force other than professional societies,
accompanied by the general lines of the respecting programme.
3-Application proposals must contain as many members as the
maximum number of eligible applicants, plus, except for the bastonary, of half
of alternates, rounded off to the immediately superior unit.
4-Application proposals must contain mention of the candidate
president and vice-president of the collegiate bodies and the declaration of acceptance of all the
candidates.
5-When no application for the organs is presented, the
chair of the assembly table-general declares without effect the convenor of the assembly
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
62
or the respecting point of the agenda and, concomitantly, designates date for new
meeting within a maximum of 120 days, and should repeat this procedure until it is
presented new list of candidates.
6-The associates in exercise remain in office until the taking of possession
of the new elected associates.
7-A The election for the various organs of the Order takes place in the month of
November, on date to be designated by the bastonary.
Article 13.
Mid-term and early elections
1-There is place for the realization of mid-term elections when:
a) If you check the waiver or the definitive impediment of more than half of the
elected members of the body, exhausted the substitutions through alternates of the list;
b) For deliberation by the general assembly and regional assemblies to be dissolved,
respect, from the direction or the regional directions.
2-There is place for early elections for all organs when, relatively to the direction, the
deliberation or the verification of the assumptions of holding of elections provided for in the
previous number occur during the last year of the term.
3-The deliberations referred to in paragraph b) of paragraph 1 have to be taken by a majority
qualified two-thirds of the members of the body, at extraordinary meeting
expressly summoned to that effect, at the minimum 15 days ' notice.
4-The desks of the deliberative assemblies can be replaced in meetings
expressly convened for this purpose.
Article 14.
Bastonary
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
63
The election for the post of bastonary is done concurrently with the election for the direction,
being the bastonary the first candidate from the elected list for the direction.
Article 15.
Members of the direction
1-It's elected to the direction the list that gets more than half of the votes validly
expressed, in universal, direct, secretive and periodic suffrage, not considering how
such either the void or blank votes.
2-If none of the competing lists the bastonarium and direction get the number of votes
provided for in the preceding paragraph, the second election proceeds, to be held up to the twentieth day
subsequent to the first vote to which they should run only the two most lists
voted in the first suffrage that they have not given up their application.
Article 16.
Members of the supervisory board
1-The members of the supervisory board are elected on an autonomous list presented to
universal, direct, secret and periodic suffrage, in simultaneous with the elections of the direction.
2-The official reviewer of accounts is designated autonomously by the general assembly, in the face of
proposal of the remaining members of the supervisory board, drawn up with respect to the
public procurement standards, with the necessary adaptations.
Article 17.
Members of the supervisory board
The members of the supervisory board are elected on an autonomous list, by universal suffrage,
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
64
direct, secret and periodic, in simultaneous with the elections of the direction.
Article 18.
Members of the regional directions
The members of the regional directions are elected on an autonomous list, by universal suffrage,
direct, secretive and periodic, by the respective regional assemblies, and simultaneously with the
elections of the direction.
Article 19.
Electoral regulation
It is incumbent on the general assembly to approve the electoral regulation, which must provide for
particularly:
a) Definition of the application period;
b) Competence for acceptance of the applications;
c) The possibility of the creation of regional polling stations;
d) The possibility of proceeding to the vote by means of an electro-electronic means;
e) The form and procedures of the correspondence vote;
f) The form and deadlines for the submission of applications;
g) The designation of mandators by each of the candidate lists;
h) The form and means of dissemination of the electoral programmes of each application;
i) The possibility of holding discussions between the candidates.
Article 20.
Taking of possession
The elected members take possession before the chair of the general assembly's desk at the
deadline of 10 days after the close of the electoral assembly.
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
65
Article 21.
Mandatory exercise of functions
1-Constitui duty of the associate of the Order the exercise of functions in the organs
of the Order in order to have been elected or designated, constituting disciplinary infraction to
refusal to take possession, save the provisions of the following number.
2-A refusal to take possession by the elected members is only legitimate in the case
of reasoned escuses, accepted by the direction in exercise.
Article 22.
Exercise of the post
The exercise of the post of bastonary charge may be remunerated, in the terms to be defined in
regulation approved by the general assemblage.
Article 23.
Resignation to the office and temporary suspension of the exercise of duties
1-When it overcomes relevant reason, the holder of elective office in the organs
of the Order may request the direction of acceptance of your resignation or the suspension
temporary of the exercise of duties.
2-The application is always reasoned and the reason appreciated taking into account the
its importance and supervenience.
Article 24.
Replacement of the bastonary
In the case of escusa, resignation, loss or expiry of the term of office by disciplinary reason or
by death and still in the cases of permanent impediment, the bastonary is replaced by the
vice president of the direction.
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
66
Article 25.
Replacement of the remaining organs
1-In the situations provided for in Article 23 (1), the members of the other organs are
replaced by the alternates, by the order they appear on the list.
2-Havening place to the recomposition of an organ by virtue of the application of the preceding paragraph,
the members in office may opt, by consensus, for the redistribution of the posts,
with the exception of the president.
Article 26.
Loss of office
1-Elective officeholders in the organs of the Order shall perform the
respects functions with assiduity and diligence.
2-Members of the organs of the Order lose their mandate when:
a) It is suspended or cancelled its enrollment;
b) Unjustifiably talk to more than three straight meetings or five
interpolated meetings during the mandate of the respected organ;
c) Be disciplinarily punished with higher sanction than warning, to leave
of the time that such a decision is not susceptible to appeal;
d) Be decided by the general assembly to hold early elections.
3-A The unwarranted nature of the lack is appreciated by the respected organ at the beginning of the
next meeting.
4-A loss of the mandate provided for in points b ) and c ) of paragraph 2 is declared by the
organ, upon deliberation taken by three-quarters of the votes of the respects
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
67
members.
5-In the event of a preventive suspension, the punishing holder shall be suspended from the exercise of
functions until decision that is not susceptible to appeal.
SECTION III
From the general assembly
Article 27.
Constitution and competence
1-A general assembly consists of all the associates of the Order who do not
are collective persons with the enrollment in force and in the full exercise of their
rights.
2-Compete to the general assemblage:
a) Elect and impeach the respected table;
b) Approve the draft amendments to this Statute and the regulations
internal propositions proposed by the direction and the deontological standards proposed by the
supervisory board;
c) To appreciate and vote on the report, the accounts and the budget which, for the purpose of it,
are submitted by the direction, accompanied by the advice of the board
scrutinising;
d) Appreciate and vote on the plan of activities that, for the purpose, is submitted to you
by the direction;
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
68
e) Deliberating the convening of mid-term and early elections for the
remaining organs of the Order, pursuant to Article 13;
f) Authorize the direction to borrow and to acquire or divest goods
real estate;
g) Transfer to competent financial institution, under proposal of the direction, the
management of the compensation fund;
h) Appreciate and vote on the annual report and the accounts of the compensation fund,
which are submitted to you by the body of the administration that manages it, accompanied
of the opinion of the supervisory board;
i) Set the value of the quotas and fees payable by the notaries, under the terms of the
provisions of Article 43 (3) of Law No 2/2013 of January 10;
j) Designate the official reviewer of accounts that integrates the supervisory board;
k) Approve your regiment;
l) Deliberating on all matters that are not understood in the
specific competences of the remaining organs of the Order.
Article 28.
Table of the general assembly
1-A The general assembly is directed by a table, composed of the president, by a deputy
president and by a secretary.
2-A table is elected at the first meeting of the general assembly in each term, from among the
its members.
3-Compete to the President:
a) Addressing the meetings of the general assembly, opening and closing the proceedings;
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
69
b) Initiating and signing the atas;
c) Give possession to the new organs in the terms provided for in Article 20.
4-Compete to the vice president to replace the president in his or her lines and impediments.
5-Compete to the Registrar record the occurrences at each meeting, washing minutes of which
build the approved deliberations, with an indication of having been taken by
unanimity or majority, the rejected proposals, and any explanations of vote, the
discussed subjects and other relevant elements.
6-A table of the general assembly can be freely replaced by the general assembly, since
that this has been summoned with that matter in the order of proceedings.
7-Incumbent to the general assembly the punctual replacement of members of the table, in case of
absence or hindrance from some of the members who for the same hajam were
assigned.
Article 29.
General meetings-general meetings
1-A The general assembly convenes ordinarily, convened by the bastonary:
a) By December 31 of each year, to deliberate on the budget proposals
and of the activity plan;
b) By April 30 of each year, to deliberate on the activity reports and
accounts of the Order;
c) Every four in four years, in the month of November, as an electoral assembly.
2-A-general assembly meets extraordinarily when convened by the bastonary, by
your initiative or at the request of any social body or of at least one fifth of the
associates who are not collective persons with the enrollment in force and in full
exercise of your rights.
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
70
3-A The general assembly shall be convened with a minimum of eight days in advance.
4-General assemblies referred to in paragraph 2 shall be convened in the subsequent 30 days
to the receiving of the call for convocation, which must come accompanied by the points of the order
of intended work and of the proposals to be submitted to the Assembly's consideration.
5-The fact that the general meeting has been convened pursuant to the preceding paragraphs
does not preclude the inclusion in the convening of other points in the order of work, by
deliberation of the table or the application of the bastonarium or the direction.
6-An associate may be represented at the meetings of the general assemblies on the other,
provided that the mandatary does not represent more than five associates.
SECTION IV
From the bastonary
Article 30.
Competence
1-The bastonary is the president of the Order.
2-Compete to the bastonary:
a) Represent the Order in judgment and outside of it, specifically in the face of the organs of
sovereignty;
b) Ensure compliance with the legislation concerning the Order and the respects
regulations, as well as to ensure that they carry out their assignments;
c) Make running the deliberations of the direction, of the general assembly, of the council
supervising and supervisory board;
d) Commit to any organ of the Order, to the members ' respective members or to others
entities the elaboration of studies and opinions on any subjects that
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
71
interest in the tasks of the Order;
e) Preside over any committees, including the magazine's essay committee
of the Order, or indicate an associate of the Order for such duties;
f) Watch, wanting, the meetings of the supervisory board and the board
supervisor, without the right to vote;
g) Convene the meetings of the general assembly, as well as request the convening
of meetings of the supervisory board or of the supervisory board;
h) To exercise the remaining functions as the laws, which present the present Statute and the
regulations confirm you.
3-The bastonary can delegate to any member of the direction some or some of its
competencies.
4-In cases of absence or temporary impediment the bastonary is replaced by the deputy
chair of the direction.
SECTION V
From the direction
Article 31.
Constitution and competence
1-A direction is presided over by the bastonary, and constituted still by a deputy
president, two secretaries and a treasurer.
2-Compete in the direction:
a) Define the position of the Order in the face of the organs of sovereignty and the
Public Administration with regard to the defence of the rule of law, of the
rights and guarantees and the administration of justice;
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
72
b) Issue opinion on the projects of legislative diplomas that are of interest to the
notarial activity or the Order and propose the legislative changes that understand
convenient;
c) To develop the international relations of the Order;
d) Present to the general assembly proposals for internal regulations;
e) Ensure compliance with the legislation concerning the Order and respect
regulations and to ensure compliance with their assignments;
f) Draw up and submit to the approval of the general assembly the report, the accounts,
the budget and the plan of activities of the Order;
g) Elaborate and present to the Assembly of the Republic and the Government the report
on the performance of the tasks of the Order, pursuant to the provisions of paragraph 1
of Article 48 of Law No 2/2013 of January 10;
h) Provide the Assembly of the Republic and the Government with all the information that is
requested of the Order in respect of the exercise of its assignments, in the terms
of the provisions of Article 48 (2) of Law No 2/2013 of January 10;
i) Provide for the publication in the 2 th Series of the Journal of the Republic dos
regulations with external effectiveness, without prejudice to their publication in the journal
officer or on the electro site respecting the provisions of the provisions of paragraphs 2 and 3 of the
article 17 of Law No 2/2013 of January 10;
j) Order to the general assembly authorization to borrow and acquire
or divest immovable property;
k) Propose to the general assembly the transfer, to a financial institution
competent, from the management of the compensation fund;
l) Propose to the general assembly the annual value of the extraordinary comparticipation
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
73
for the compensation fund;
m) Deliberate on the enrollment of associates and intern associates in the Order
and appreciate the requests for suspension and cancellation of them;
n) Carry out the deliberations of the meeting-german;
o) Assign the Order associates that integrate the public entity with
disciplinary competence over notaries;
p) Managing the scholarship of notaries and designating who, from among those who integrate it, will
replace absentee notaries and fill the vacancies that arise;
q) Drive the services of the Order;
r) Managing the human, material and financial resources of the Order, promoting
the collection of revenue and authorizing budgetary expendities;
s) Determine the cessation of enrollment in the Order of the Associate, as well as the
your readmission, in the cases provided for in this Statute;
t) To ensure the good conservation, upgrading and operationality of the general register
of the inscriptions of associates;
u) Determine the opening of stages, pursuant to the Statute of the Notariat,
approved by Decree-Law No. 26/2004 of February 4, as amended by Law No.
51/2004, of October 29, and by the Decree-Law No. 15/2011 of January 25;
v) Designate the notary depositary of the file, in the cases of licences of
installation of vacant or extinct notarial caries, pursuant to the provisions of the
articles 9 and 48 of the Notariat Statute, approved by the Decree-Law n.
26/2004, of February 4, as amended by Law No. 51/2004 of October 29, and
by Decree-Law No 15/2011 of January 25;
w) Promote the publication of the transfer of the file, in the cases of licences of
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
74
installation of vacant or extinct notarial caries, pursuant to the provisions of the
articles 9 and 48 of the Notariat Statute, approved by the Decree-Law n.
26/2004, of February 4, as amended by Law No. 51/2004 of October 29, and
by Decree-Law No. 15/2011 of January 25, for the caries where they can
be consulted.
x) Deliberating on the purposeful, the transaction, the confession and the desistance of
judicial actions in which the Order is a party;
y) Approve your regiment;
z) Exercise the remaining functions as the laws, the present Statute and the
regulations confirm you.
3-The competences set out in the points n) , p ), q), r ) w) and x) of the previous number
can be delegated to the bastonary.
4-In the event of urgency, the powers of the direction can be exercised by the
bastonary, owing the acts practiced in these conditions to be ratified by the direction in the
first meeting subsequent to the practice of such acts.
Article 32.
Meetings
1-A direction gathers ordinarily once a month.
2-A direction gathers extraordinarily when the bastonary understands convenient or
upon request, in writing, of the absolute majority of its members.
3-In case of absence or hindrance of the bastonary, the meeting of the direction is presided over
by the vice president.
4-A direction cannot gather without the presence of the majority of its members and the bastonary
or of your replacement.
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
75
5-The deliberations of the direction are taken by a simple majority.
6-The bastonary may invite third parties to participate in the meetings, by staying this
possibility always subject to the approval of the majority of the members, in the case of the
participant not be associated with the Order.
7-The minutes of the meetings are signed by the bastonary and by one of the secretaries, owing
contain the result of the votes and the possible explanations of vote, as well as to classify
substantiating, the deliberations that have reserved character.
SECTION VI
From the supervisory board
Article 33.
Constitution and competence
1-The supervisory board consists of a President, a Vice-President,
two vowels and a secretary.
2-Compete to the supervisory board:
a) Ensure the legality of the activity carried out by the organs of the Order;
b) Receive the communications of irregularities over the operation of others
organs of the Order and order the opening of surveys or syndications, designating
the instructor-led respects;
c) To appreciate and deliberate on the resources of the acts and omissions of the social organs
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
76
interposed by the associates of the Order, as well as of the decisions of refusal to
inscription as an associate of the Order;
d) Effector participation of irregularities to the bastonary and, when justifying, to the
administrative tutelage entities or the criminal investigation authorities
competent;
e) Elaborate and propose to the general assembly the approval of deontological standards
concerning notarial activity to appear in the future proposal for change to the present
Statute;
f) To promote respect for deontological standards, and may, in particular,
conducting inquiries and convening associates to provide statements;
g) Exercise disciplinary power over the associates of the Order under the Staff Regulations
of the Notariat, approved by the Decree-Law No. 26/2004 of February 4, amended
by Law No. 51/2004 of October 29 and by the Decree-Law No. 15/2011 of 25 of
January, and of this Statute, by instituting and instructing the procedures
disciplining and applying the appropriate disciplinary sanctions;
h) Communicating towards the direction of disciplinary decisions that are no longer susceptible to
resource, as well as those of a cautionary nature, in order to proceed to its registration and
possible disclosure;
i) Draw up proposal for a disciplinary regulation to be submitted for the approval of the
assemblies-geral;
j) Check the existence of incompatibilities, escuses, impediments and suspicions,
as well as the inidoneity of the associates;
k) Approve your regiment;
l) Exercising the remaining functions as the law, this Statute and the regulations
internal confirm you.
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
77
3-Of the decisions handed down by the supervisory board rests with litigation for the
administrative courts, in the general terms of law.
Article 34.
Meetings
1-The supervisory board gathers ordinarily once every three months.
2-The supervisory board gathers extraordinarily on the initiative of its president, of
three of its members, or the solicitation of the bastonary or the president of the table of the
assemblygeneral.
SECTION VII
From the supervisory board
Article 35.
Constitution and competence
1-The supervisory board consists of a president and a secretary and
integrates still an official reviewer of accounts.
2-Compete to the supervisory board:
a) Examine the accounts;
b) To scrutinize the acts of management and financial management of the direction and the bastonary,
especially those involving increased expenditure or decrease in revenue
of the Order;
c) Follow up with the management of the compensation fund from the financial institution
for whom the same has been transferred;
d) Draw up and send to the general meeting opinion on the report, the accounts and the
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
78
proposed budget of the Order;
e) Draw up and send annually to the general assembly opinion on the report, the
accounts and the proposal for the budget of the compensation fund;
f) Give opinion, at the request of the general assembly, of the direction or the bastonary on the
acts that increase financial expenses or liabilities or reduce the
heritage of the Order;
g) Present to the direction suggestions on the economic-financial management of the Order;
h) Require the convening of the general assembly as it considers that there are flaws
serious in the economic-financial management of the Order;
i) Approve your regiment;
j) Exercising the remaining functions as the laws, this Statute and the regulations
internal confirm you.
3-The application referred to in para. h ) of the previous number must be approved
by all members of the supervisory board.
Article 36.
Meetings
1-The supervisory board gathers ordinarily once every three months.
2-The supervisory board gathers extraordinarily on the initiative of its president, or the
solicitation of the bastonary or the president of the general assembly desk.
3-Without prejudice to the performance of the other members of the supervisory board, it is incumbent upon the
the official reviewer of accounts proceed to the statutory review and certification of the accounts, owing
carry out all necessary examinations and checks.
SECTION VIII
Of the regional bodies
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
79
SUBSECTION I
Of the regional assemblies
Article 37.
Composition
The regional assemblies consist of all associates who are not a person
collective enrolled in the respective territorial circumscription.
Article 38.
Competencies
It is incumbent on regional assemblies:
a) Elect the members of the regional direction;
b) Appreciate the activity of the respective regional directions;
c) To propose to the regional direction the location of the seat of the regional delegation;
d) Recommend to the president of the regional direction the most convenient day and time for
marking of the ordinary meetings;
e) Approve the convening of early elections of the regional direction;
f) Submit proposals to the assessment of regional directions;
g) Approve the proposal for plan of activities to be considered in the plan of
activities of the Order for the following year;
Article 39.
Meetings
1-Regional assemblies are convened by the respective regional direction and
directed by a desk, composed of the president, by a vice president and by a
secretary.
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
80
2-On the convening and operation of the regional assemblies, as well as to the
election of the table, is applicable, with the necessary adaptations the regime established for the
assemblygeneral.
SUBSECTION II
From regional directions
Article 40.
Composition
The regional directions consist of a President, a Vice-President, and three
secretaries.
Article 41.
Competencies
1-Regional directions compete:
a) Making the decisions or practicing the acts leading to the achievement of the purposes of the Order
in the area of the respectful delegation, in line with the other organs of the Order;
b) To provide the remaining organs of the Order all the collaboration that is requested to them,
notably in all processes of an administrative or disciplinary nature
that involve the associates of the area of the respective delegation;
c) Pronount on all matters referred to them or presented
by the associates who exercise their activity in the area of the respect delegation and or
by the national bodies.
d) Promote actions with a view to the training of notaries in exercise in the area of
respects regional delegation, in coordination with the direction of the Order;
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
81
e) Convening the regional assembly;
f) Submit to the approval of the proposed regional assembly plan of activities a
integrate into the Order's activities plan for the following year;
g) Present at the direction of the Order, until October 15 of each year, and after the
approval provided for in the preceding paragraph, the proposal for a plan of activities to be integrated
in the plan of activities of the Order for the following year;
h) Collaborate in the operation of internships, in the terms of the respect of the regulation and
of the competences delegated by the direction;
i) Collaborate in the realization of the electoral acts, according to the determinations of the
table of the assembly;
j) Organize the respects administrative services;
k) Carry out all administrative procedures that have been delegated to you
by the direction.
2-Compete to the President:
a) Represent the regional delegation and the notary respects inserted in the same
before the remaining organs of the Order and third parties;
b) Convene and direct the meetings of the regional direction.
3-Compete to the Vice President:
a) To replace the President in his or her lines and impediments;
b) Exercise the duties delegated to you by the President.
4-Compete to the Secretaries co-adjuvar the President in the exercise of his
functions and wash the minutes of the meetings of the regional direction.
Article 42.
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
82
Meetings
1-The regional directions gather at the respective headquarters, ordinarily once a month,
on the initiative of the respected president, and, extraordinarily, on the initiative of the same
or upon request, in writing, of the absolute majority of its members.
2-From the meetings of the regional directions is washed an minutes signed by all the
gifts, to which you must be remitted by the respected President for the seat of the Order, in the
period of 15 days, with a view to respect for publication on the website of the Order.
3-Anually, or semestrally whenever it is justified, a convention is held
of the regional directions, convened on the initiative of the direction of the Order, with a
minimum 15 days in advance, preferably with recourse to videoconferencing.
Article 43.
Coordination of activities
1-The regional directions exert their activity in coordination with the direction of the
Order, answering before this for your management.
2-A The activity of the regional directions is scrutinized by the supervisory board.
Article 44.
Subsidiary provisions
In the cases missing apply the provisions relating to national bodies with the
necessary adaptations and the regulations that in the case are applicable.
CHAPTER III
Financial and tax regime
Article 45.
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
83
Recipes
1-Constitutions revenue of the Order:
a) The quotas paid by the associates;
b) The income of own goods;
c) The fees charged for the provision of services, inter alia, in the context of
notarial stage and issuance of certificates, as table to be approved by the direction of the
Order, heard the supervisory board;
d) The product of the sale of own goods;
e) The subsidies that are allocated to it;
f) The product of the donations, the inheritances and the legacies of which it benefits;
g) The borrowings;
h) The product of the fines levied and paid by its associates, on the terms and
proportions provided for in this Statute and in the Statute of the Notariat, approved
by Decree-Law No. 26/2004 of February 4, as amended by Law No. 51/2004, of
October 29, and by the Decree-Law No. 15/2011 of January 25.
2-Compete the Order to proceed to the liquidation and collection of its revenue,
including quotas and fees, as well as fines and other mandatory revenue.
3-It is considered executive title quite the certificate of debt passed by the
direction of the Order.
4-The contributions due to the compensation fund and the notarial box of
inventory support do not integrate the revenues of the Order.
Article 46.
Accounting, budget, financial management and public procurement
1-The exercise of the economic life of the Order coincides with the calendar year.
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
84
2-The accounts of the Order are closed with reference to December 31 of each year.
3-A Order is subject to, pursuant to the provisions of Article 42 (2) of Law No 2/2013,
of January 10:
a) To the rules of budgetary balance and limitation of indebtedness
established in their own diploma;
b) To the regime of the Code of Public Procurement;
c) To the regime of accounting normalization for sector entities not
lucrative (ESNL), which integrates the Accounting Normalization System.
4-Are management control instruments:
a) The budget;
b) The report and the accounts of the exercise with reference to December 31.
5-The recourse to credit is only legitimate for financing capital expenditure.
CHAPTER IV
Compensation fund
Article 47.
Nature and purposes
1-The countervailing fund is an autonomous heritage whose purpose is to ensure the
existence of notaries throughout the national territory upon the assignment of a
provision of rebalancing to associates who comply with the requirements stipulated in the articles
following.
2-A The management of the clearing fund is governed by management contract concluded with
financial institution and the applicable legal and regulatory provisions.
Article 48.
Heritage
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
85
They constitute the compensation fund:
a) The comholdings due by the associates;
b) The product of the fines imposed by the Order and paid by its associates, nos
terms and proportions laid down in the Statute of the Notariat, approved by the
Decree-Law No 26/2004 of February 4, as amended by Law No. 51/2004, of 29
of October, and by the Decree-Law No. 15/2011, of January 25, and in the present
Status and, in particular, those resulting from infraction to the provisions of the present
chapter;
c) The donations, inheritances and legacies of which it benefits;
d) The income of the fund itself.
Article 49.
Management
1-A The management of the compensation fund is secured by a financial institution
designated by the general assembly, under proposal of the direction.
2-A The financial institution that manages the compensation fund shall annually provide
accounts of the management held to the general assembly.
Article 50.
Compulsory comholdings
1-The associates of the Order, including the collective persons, contribute
compulsorily for the compensation fund, up to the day 10 of each month, with a
common comparticipation equivalent to 1% of gross fees billed in the month
previous, with the exception of the fees charged in the framework of inventory processes
who detain.
2-The associate can contribute yet compulsorily to the compensation fund
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
86
with an extraordinary comstake, having on the basis of a percentage on the
billed fees, fixed annually by the general assembly, under proposal of the direction.
3-The comholdings due in each month are delivered on the terms set out in the
management contract concluded between the Order and the managing financial institution.
4-Without prejudice to civil, criminal and disciplinary liability attributable to the associate
which defaults on some of the obligations laid down in this chapter, the direction of the Order may,
in the cases of non-compliance with the timely payment of the comholdings
binding provided in this article, apply compulsory financial penalty in the amount
of 1% in respect of the amount of the comstake in debt for each day of delay
to the effective regularization.
5-It is considered as executive title quite the certificate of past debt by the direction of the
Order.
Article 51.
Mandatory communications
All associates, must communicate to the direction, by the day 10 of each month, the amount of
fees billed in the previous month, upon submission of the document template
approved by the direction.
Article 52.
Loss-making caries
1-It is considered to be in deficit the notarial caries of the associates who do not
be business associates of a notary company that, in the course of a quarter, not
reach out of gross fees billed the value set annually by the general assembly,
under proposal of the direction, provided that they are installed in concelho where there is only
an assigned license.
2-For the purposes of the provisions of the preceding paragraph, the quarters are reported
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
87
to the calendar year, successively counted, starting the first on the January 1, the
second on April 1, the third on July 1 and the fourth on the October 1.
3-The associate is only entitled to the provision of rebalancing when:
a) Has effectively exercised duties under the same licence in the course of
a full quarter awounded in the terms of the previous number;
b) Have made all the required contributions and communications provided to us
articles 63 and 64.
4-In case of replacement, the substitute associate only is entitled to half
of the value of the provision of rebalancing relative to the substituted associate's carthorium,
when, in order to be possible to ensure the existence of notary in that concelho, keep the
notarial carthorium, with facilities open to the public and with at least one worker
on full time, in another county other than that of your licence, and fulfil the conditions
fixed in the previous figures.
5-The provisions of this Article shall not apply:
a) To cases of extension of competence;
b) To the associates of associates who are a partner of notary society.
Article 53.
Provision of rebalancing
1-Associated holders of loss-making caries that meet the expected requirements
in the previous article are entitled to a rebalancing provision, delivered within 30
days after being required.
2-The amount of the rebalancing provision corresponds to the difference between the fixed value
annually by the general assembly and the value of the gross billed fees, ascertained
in the terms of the previous article.
3-A The provision of rebalancing shall be required at the direction of the Order within the maximum period of
10 days straight to count from the end of the quarter to which you respect.
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
88
Article 54.
Assessment of loss-making caries and allocation of licences
1-The supervisory board should promote assessment actions of the loss-making caries,
with the aim of ascertaining whether the associate puts in the exercise of the activity the commitment and the
due diligence.
2-If the assessment of the supervisory board comproves the existence of irregularities,
disabled or unsuitable facilities, or lack of commitment and due diligence,
communicates to the direction, which shall determine the corresponding repositions, without prejudice
of civil, criminal and disciplinary liability attributable to the associate, and may still
determine the suspension of the payment of the provision of rebalancing to the sanction of the
situation that originated the suspension.
3-In the 12 months later than the allocation of the provision of rebalancing cannot be
open contest nor assigned license for notarial careal installation, pursuant to
provided for in 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 and by the Decree-Law No.
15/2011, of January 25, in the same municipality where it exercises functions the associated with
who has been assigned the benefit.
4-For effect of the provisions of the preceding paragraph, the direction of the Order communicates
monthly to the member of the Government responsible for the area of justice those associated with
who was assigned rebalancing in the previous month.
Article 55.
Abnormal circumstances
Where a notarial carthorium suffers serious injury caused by natural disaster,
accident or criminal act, the direction of the Order may determine the delivery to the associate of
an extraordinary provision of appropriate amount rebalancing.
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
89
Article 56.
Remuneration for management
To the financial institution managing the compensation fund is due a remuneration,
agreed annually with the Order and approved with the budget of the fund of
compensation.
Article 57.
Monitoring of management
1-The member of the government responsible for the area of justice can, whenever it understands,
request the direction or the supervisory board the information on the management of the fund
of compensation necessary for the follow-up and the carrying out of audits
to the Fund, including the information relating to gross fees communicated by the
notaries, to the comholdings paid by these and to the rebalancing benefits delivered.
2-A direction of the Order shall immediately make available to the remaining organs of the Order
all the information it receives pursuant to this chapter and that it is relevant to
the exercise of the competences of those organs.
CHAPTER V
Notarial box of inventory support
Article 58.
Nature and purposes
1-A notarial box office supporting inventory is an autonomous heritage whose purpose is
ensure payment of the fees to notaries who tramway proceedings of
inventory, in cases where there is place the waiver of advance payment of costs or
judicial support.
2-A notarial inventory support for inventory can, still, supplement title, support and support
the costs of the Order inherent in the activity of notaries within the framework of the legal regime of the
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
90
inventory process.
Article 59.
Recipes
They constitute revenue from the notarial box of inventory support:
a) The mandatory contributions due by the associates calculated on the basis of the
gross fees charged in each inventory process;
b) The compulsory financial penalties applied to the associates in the terms
provided for in this chapter;
c) The fines and too much values that for this revert in the terms provided for in the scheme
legal of inventory and respect regulation;
d) The interest produced by financial applications of your funds, the appropriations
extraordinary and any other monies that are or will come to you
by law or regulation.
Article 60.
Costs
1-It is the costs of the notarial box of inventory support for honorary compensation
paid to the associates who are to benefit in the terms provided for in this chapter.
2-There may still be costs of the notarial box supporting inventory, as long as guaranteed the
payments referred to in the preceding paragraph, the following:
a) The payment of the formation shares of framing associates within the framework of the
activity related to the legal regime of the inventory process;
b) The development and maintenance of the necessary informatics applications to the
exercise of the activity of notary within the legal regime of the process of
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
91
inventory;
c) The acquisition and maintenance of the informatics park necessary for the operation
of the respectable computer applications;
d) The technical support for applications made available by the Order under the scheme
legal of the inventory process, as well as other support provided to the
respects activity;
e) The costs of operation of the means of supervision, management and control of the
activity or payment of supervisory services of the associates within the framework of the
legal regime of the inventory process;
f) Any other associated operating costs with the training or
supervision of notaries within the legal regime of the inventory process.
3-In case the costs referred to in the preceding paragraph are not supported by the notarial box of
inventory support, should the same be supported by the budget of the Order.
Article 61.
Active
They are assets of the notarial box of inventory support:
a) Bank deposits and financial applications;
b) The credit rights on notaries that do not hajam settled and, or paid for
value due to the notarial box of inventory support.
Article 62.
Management
The management of the notarial box supporting inventory is ensured by the direction of the Order that,
annually, it shall provide accounts to the general meeting of the management held, under the opinion of the
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
92
board of supervising.
Article 63.
Amount and payment of mandatory contributions
1-The associates of the Order, including those who are collective persons, contribute
compulsorily for the notarial box of inventory support with a contribution
corresponding to 10% of the gross fees charged in each of the processes of
inventory that they detain.
2-Due contributions are paid upon deposit or bank transfer to
bank account intended for such an end, within a maximum of 10 days after the communication
referred to in paragraph c ) of paragraph 1 of the following article, and in the terms set out in deliberation
of the direction.
3-The coercive collection of the mandatory contributions provided in this article and the sanctions
provided for in Article 67, the rules of the Code of Procedure Civil.4 apply-For the
effects of the previous number is executive title quite the certificate of debt passed by the
direction of the Order.
Article 64.
Mandatory communications
1-Associates must communicate to the direction of the Order:
a) The entry into your inventory process office immediately after the issuance,
by the respected informatics system, from the proof of application delivery
initial respect;
b) The information on the inventory processes in which some intervener,
taxable person of the obligation to pay fees, benefit from dispensation of
prior payment of expense or of legal support, immediately after having
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
93
proven such a situation, with identification of the beneficiary and quality in which
intervene in the respect process;
c) The amount of gross fees charged in the process by sending, up to 10
days after the issuance of any honorary note and, or charges of the model of
document approved by the direction and respect copy of the note.
2-In the communication referred to in para. c ) of the previous number must be identified all
the taxable persons who benefit from the prior payment waiver scheme of
costs or legal support, should they exist, as well as the amount of fees that
by virtue of such dispensation or judicial support may not be settled by the same.
3-The communications referred to in the preceding paragraphs may be effected
automatically, by electronic means, through the computerized tramway system of the
process of inventory, in the terms to be defined by the direction of the Order.
Article 65.
Payment of compensation of fees in cases of waiver of payment
prior to expense or judicial support
1-The associates who tramway inventory processes in which some entity or person
intervener, taxable person of the obligation to pay fees, to benefit from
waiver scheme for the prior payment of costs or legal support, are entitled to
receive from the notarial box of support for the inventory compensation of equivalent amount
to the fees in question.
2-A compensation of fees provided for in the preceding paragraph is paid to the associate, in the
period of 20 days after the communication referred to in paragraph 2 of the preceding Article.
Article 66.
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
94
Surveillance within the legal regime of the inventory process
1-The supervisory board, either by its initiative or at the request of the direction, may
promote supervisory actions to associates in the scope of activity regarding the
legal regime of the inventory process, and should draw up the report's respective respect.
2-If the supervisory report drawn up by the supervisory board appears in the
existence of irregularities or deficiencies in the scope of the provision of the respect
activity should the same be remitted to the supervisory board for possible effects
disciplars, without prejudice to the civil or criminal liability attributable to the associate.
3-A direction of the Order may yet, if it is warranted, hire services from
external and independent surveillance of the Order to scrutinize associates in the framework of the
legal regime of the inventory process, applying, with the necessary adaptations,
the one predicted in the previous figures.
Article 67.
Sanctions for failure to comply with the obligations set out in this Chapter
Without prejudice to the civil, criminal and disciplinary liability attributable to the associate who
entrusted with some of the obligations laid down in this chapter, the direction of the Order may:
a) If it comes to the failure to comply with the obligation of timely communication of the
fees charged in each process, officiously calculate the contribution
mandatory due on the basis of the gross honorary value corresponding to the
last step of the applicable table, with no right to any rectification or refund
on the part of the flawed associate;
b) If it comes to non-compliance with the timely payment of the contributions
obligatory due, yet calculated in the terms of the previous point, apply
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
95
compulsory financial penalty in the amount of 1% in respect of the amount of the
contribution in debt for each day of delay to the effective regularization.
Article 68.
Surveillance of management
1-The member of the Government responsible for the area of justice or the supervisory board
may, whenever they understand, request the direction of the Order information on the
management of the notarial box of inventory support.
2-Without prejudice to the provisions of the preceding paragraph, the direction of the Order shall, annually,
send management report of the notarial cash support box office to the board
scrutinising for the purpose of issuing opinion and respect to the provision of accounts to the
assemblygeneral.
Title II
Of the notaries
Chapter I
Inscription on the Order
Article 69.
Mandatory enrollment
1-The exercise of notarial activity depends on enrollment in the Order.
2-Can sign up in the Order:
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
96
a) Who has obtained the title of notary under the terms of the Notariat Statute,
approved by Decree-Law No. 26/2004 of February 4, amended by the Law
n. 51/2004 of October 29 and by the Decree-Law No. 15/2011 of January 25;
b) The national professionals of third States who may establish themselves in
Portugal in the terms set out in the Statute of the Notariat, approved by the Decree-
Law No 26/2004 of February 4, amended by Law No. 51/2004 of October 29,
and by the Decree-Law No 15/2011 of January 25;
c) Professional societies constituted exclusively by associates of the Order.
Article 70.
Acquisition, suspension and loss of the quality of associate
1-A The quality of associate of the Order acquires at the request of the person concerned and produces effects
with the acceptance of the inscription by the direction.
2-It is undue to sign up, in the cases provided for in points a ) and b ) of the Article 2 (2)
previous, when:
a) The applicants do not possess moral idoneity for the exercise of the profession;
b) The applicants are not in full enjoyment of civil rights;
c) The applicants have been declared unable to manage their people and
goods per sentence carried forward on trial;
d) The applicants are in a situation of incompatibility or inhibited by
any form for the exercise of the notarial function;
e) Being magistrates, conservatives, lawyers, workers in office
public, hajam has been dismissed, retired, unbound, suspended or
intervenes because of a lack of recognized moral idoneity in own process.
3-For the purposes of the provisions of the a ) from the previous number, assume non-idogens to
the exercise of the profession, specifically those convicted of any crime
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
97
gravely dishonorable for the exercise of the profession, considering itself as such the
theft crimes, theft, burla, burla computer and in the communications, extortion, abuse of
trust, payout, infidelity, falsification, false statements, doleful insolvency,
frustration of credits, negligent insolvency, favorability of creditors, issuance of
cheques without provision, abuse of warranty or credit card, illegitimate appropriation
of public sector goods or co-operative, damaging administration in economic unity
of the public or cooperative sector, usury, bribery, corruption, trafficking of influence,
embezzled, unauthorized prescription of deposits or other refundable funds, practice
illicit of acts or operations inherent in the insurer activity or pension funds,
tax fraud or other tax crime, money laundering or crime predicted in the
Code of Commercial Corporations or the Securities Code, as well as the
provided for in paragraph i) of Article 55 of the Code of Public Procurement.
4-A The verification of the lack of moral idoneity is always the object of own process, of the
competence of the supervisory board, which follows the terms of the disciplinary procedure with
the necessary adaptations, as well as the terms provided for in approved regulation
by the supervisory board.
5-A supervenient verification for the enrollment of any of the circumstances provided for in paragraph 2
determines the cancellation of the same.
6-A suspension and loss of the quality of associate derive, respectively, from the
suspension and cancellation of the inscription.
7-A The inscription is suspended by the direction of the Order:
a) At the request of the person concerned intending to temporarily stop the
exercise of notarial activity, as long as it does not have any contributions in debt or the
liquide;
b) If the person concerned is going to perform functions incompatible with the exercise of
notarial activity;
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
98
c) If the person concerned is suspended preventively in the course of proceedings
criminal or disciplinary proceedings or sentenced in disciplinary sanction of
suspension, in this case from the moment the decision is not liable to
resource;
d) In all the other situations provided for in this Statute.
8-A The inscription is cancelled, by the direction of the Order:
a) At the request of the person concerned intending to definitively abandon the exercise of
notarial activity, as long as it does not have any contributions in debt or the liquide;
b) When the person concerned is convicted in the sanction of definitive interdiction of the
exercise of notarial activity, from the time this decision is not
passable of appeal;
c) When the person concerned reaches the age limit;
d) In all the other situations provided for in this Statute.
9-A The quality of associate can be reacquired if, finite the reasons they determined
the cancellation, the person concerned to apply for it.
Article 71.
Scholarship of notaries
1-A The purpose of ensuring and ensuring the temporary replacements of notaries and
fulfill transiently the vacancies that arise, the Order maintains a fellowship
notaries, managed by the direction.
2-Can integrate the scholarship of notaries the notaries who do not compete on leave
of notarial carthorium installation or not to obtain it in the contest.
3-The scheme for the scholarship of notaries, in particular the rules of operation,
the remuneration of notaries that integrate the scholarship and the remaining procedures of the fellowship, is
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
99
defined in regulation.
CHAPTER II
Incompatibilities and Impediments
Article 72.
Incompatibilities of notary holder of carthorium licence
1-The exercise of the functions of notary holder of cartoire leave is
incompatible with any other gainful, public or private functions.
2-Exceed from the provisions of the preceding paragraph:
a) The participation in faculty and training activities;
b) The participation in conferences, colloquia and lectures;
c) The realization of copyright.
Article 73.
Incompatibilities of scholarship notary and trainees to attend notarial stage
1-The exercise of the functions of notary that integrates the scholarship of notaries or
trainee to attend notarial stage is incompatible with any public function
remunerated.
2-The exercise of paid private function by notary that integrates the scholarship
of notaries or trainee depends on prior authorization of the Order, which is dependent
of the concrete analysis of the intended function in the face of the principles of notarial activity, of the
impediments provided for in Article 75 and non-collision with the obligations that arise
of the regime of the notary scholarship and the notarial stage.
Article 74.
Verification of the existence of incompatibilities
1-A direction of the Order may request notaries, trainees or respects
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
100
candidates the information you understand necessary for the verification of existence or
not of incompatibility.
2-Not being the information provided within 30 days, the direction may
suspend enrollment in the Order or the internship, until they are provided with the said
information.
Article 75.
Cases of impediment
No notary can practise notarial acts or exercise any other competence that
it is awarded to you by law in the following cases:
a) When in them have personal interest;
b) When in them have an interest in your spouse, or person with whom you live in
analogous situation for more than two years, some relative or awe in a straight line or even
to the 2. degree of the collateral line;
c) When in them intervene as a prosecutor or legal representative to your spouse,
or person with whom to live in analogous situation for more than two years, some
relative or aend in a straight line or up to the 2. degree of the collateral line.
Article 76.
Extension of impediments
1-The impediments of the notary are extensive to its employees and
trainees.
2-If the procurations, the photocopy conferences and the
substabelections with simple forensic powers and the acknowledgments of letter and of
signature bets on documents that do not title acts of a contractual nature, in the
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
101
which workers and trainees can intervene, even if the represented,
representative or signatory is the notary itself.
CHAPTER III
Professional deontology
Article 77.
The notary as a server of justice and law
The notary shall, in the performance of his duties and outside of it, consider himself a server of the
justice and the right, showing itself worthy of the honour and inherent responsibilities.
Article 78.
Duties to the community
1-The notary is bound to strive for the good application of the right, for the quick
administration of justice and the enhancement of the exercise of the profession.
2-In particular, they constitute the duties of the notary:
a) Use of urbanity and education in the relationship with other notaries,
workers, customers and too many participants in the legal acts in which
intervenes;
b) Acting with loyalty and integrity to the customers, the other notaries, the
organs of the Order and any public and private entities;
c) Appreciate the feasibility of all acts whose practice is required to you in the face of
applicable legal provisions and the documents submitted or displayed,
checking especially the legitimacy of the stakeholders, formal regularity
and substantial of the said documents and the substantial legality of the act
requested;
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
102
d) Refuse the practice of acts that are void, do not fit in your
skills or personally are prevented from practicing or whenever
have doubts about the integrity of the mental faculties of the participants,
save if in the act intervies, at your request or the instance of the outorgants, two
medical experts who, under oath or commitment of honour, abonate the
mental health of those, and may not refuse to speak with
grounds in the nullability or ineffectiveness of the act, and shall, however, be adverse
those interested in the existence of the vice and consignment in the instrument the warning
made;
e) Refuse the exercise of duties when seriously suspecting that the operation or
legal acting in question aims at obtaining illicit results and that the
interested does not intend to abstain from such acting;
f) Take possession after the assignment of the notarial carthorium installation license, or
justify the absence of the taking of possession, in the terms provided for in the Statute of the
Notario, approved by the Decree-Law No. 26/2004 of February 4, amended
by Law No. 51/2004 of October 29 and by the Decree-Law No. 15/2011 of 25
of January;
g) Exercise your functions in organized notarial careal and dimensioned by
how to ensure a provision of high quality and preparedness services,
with conditions for public service;
h) Keep your knowledge up-to-date and contribute to further improvement
of the knowledge of its employees;
i) To study carefully and treat with zeal the issues requested in the
exercise of your duties, using for the purpose all the resources of your
experience, know and activity;
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
103
j) Comply with the rules of attachment of fees;
k) Failing to serve your duties to pursue goals other than
professionals;
l) Do not advertise outside the limits provided for in this Statute;
m) Do not solicit or raise customers by you or by interposed person
n) Maintain equidistance with respect to particular interests susceptible to
conflict, by abstaining, specifically, from advising only one of the
interested in a business, as well as refraining from practising acts having in
account for impediments set out in this Statute.
Article 79.
Duties to the Order
1-Constituts duties of the associates to with the Order:
a) Acting, in the exercise of notarial activity, in such a way as to dignify and prestigious the
image and the reputation of the Portuguese notariat, as well as in no way
harm the purposes and prestige of the Order itself;
b) Comply with and enforce the laws and regulations applicable to notarial activity, the
this Statute, the internal regulations of the Order, the deontological standards and
the deliberations of the collegiate bodies of the Order;
c) Voting in the elections for the organs of the Order;
d) Exercise with commitment, dedication and the gracious title the posts so that they are
elected, without prejudice to the right to compensation for the inherent expenses, save in the
cases of justified impediment and without prejudice to the provisions of Article 22;
e) Contribute to the revenues of the Order by punctually paying their quotas, the
fees due for the provision of services by the Order and other amounts that are
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
104
due to the Order, particularly those arising from the application of sanctions
pecuniary or ancillary sanctions, and others that are established in the present
Statute or in the other applicable legal and regulatory provisions;
f) Pay punctually the comholdings due to the compensation fund;
g) Contribute to the notarial box supporting inventory, in the terms provided for in the
this Statute;
h) Send in a timely manner the mandatory communications as well as provide all the
necessary information, within the framework of the compensation fund scheme and the
notarial box of inventory support to the supervisory board;
i) Collaborate with the Order in the pursuit and exercise of its assignments,
notably, by providing all the information that is requested by you and
participating in the social activities promoted by their organs;
j) Inform the direction of the beginning of functions incompatible with notarial activity;
k) Drive with commitment the internship of the trainees to be advisor;
l) To promote their own training, with recourse to continuing education actions,
with mandatory frequency of at least 30 hours of annual training;
m) Declare in the act of enrollment, for incompatibility check effect,
any job or professional activity that exerts;
n) Require, on the deadline, maximum of 30 days, the suspension of enrolment in the Order
when supervenient mismatch occurs.
2-The notary shall still ensure that the computer systems of support to
activity of your carthorium, including the accounting system, meet the requirements
fixed by the direction of the Order so as to guarantee the electronic and automatic sending
of the information that, in accordance with this Statute and too much legislation, must be
referred to the Order.
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
105
Article 80.
Rights to the Order
They are rights of the associates of the Order:
a) Exercise the notarial activity in the circumscription for which it is holder of
license or authorization;
b) Participate in all activities promoted by the organs of the Order;
c) To elect the organs of the Order and to be elected to the said organs of the Order,
re-salvaged the inelegibilities set out in this Statute, and be appointed
for commissions;
d) Apply for the intervention of the competent bodies of the Order for defence of the
rights and legitimate professional interests;
e) Require the convening of the assemblies pursuant to this Statute and in them
intervene;
f) Submit proposals and formulate consultations at the study and debate conferences
on any matters that matter to the tasks of the Order;
g) Examine, at the time due, the accounts of the Order;
h) Complain, turn to the supervisory board, or contest from the courts
competent, through the appropriate procedural means, of acts or omissions of the
organs of the Order who consider contrary to the law or public interest or lesion
of your legally protected rights or interests.
Article 81.
Professional secrecy
1-The notary is obliged to secrecy in relation to facts and elements whose
knowledge adheres to you exclusively from the exercise of the profession or performance
of posts in the Order.
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
106
2-The facts and elements covered by secrecy can only be revealed in the
terms set out in the law or, still, by decision of the direction of the Order, weighted the
interests in conflict.
Article 82.
Information and advertising
1-The associate is entitled to affix to the exterior of the notarial carthorium his name,
academic title and opening time to the public.
2-The associate may disclose his / her professional activity objectively,
true and dignified, in the rigorous respect of the deontological duties, of the secret
professional and the legal standards on advertising and competition.
3-Understand, inter alia, by objective information:
a) The personal, academic and curricular identification of the notary or society
professional;
b) The number of professional ballot or the register of the society;
c) The abode of the carthorium or the caries of all the partners of the society;
d) The appellation, the logo or other distinctive sign of the carthorium or the
society;
e) The telephone, fax, electro mail and other communications elements
of which it is available;
f) The time of service to the public;
g) The languages or languages, spoken or written;
h) The indication of the electronic page of the electro-page;
i) The placement, on the exterior of the carthorium, of a plaque or identifiable tabulet
of its existence.
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
107
4-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, from telephone, from
fax and other data relating to the carthorium;
d) The mention of the condition of notary, accompanied by brief curricular note,
in professional, national or foreign yearbooks;
e) The intervention in conferences or colloquia or the promotion of these events;
f) The publication of brochures or writings, circulars and periodical articles
on legal topics in specialized press or not, and may sign with the
indication of its condition of notary and the professional organisation that it 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 adoptable logos.
5-Are, specifically, unlawful acts of advertising:
a) The placement of persuasive, ideological, self-aggrandizing and de-grained content
comparison;
b) The mention of the quality of the carthorium;
c) The provision of erroneous or misleading information;
d) The promise or inducement of the production of results;
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
108
e) The use of unsolicited direct advertising;
f) The reference to values of services, gratuitousness or form of payment.
6-The provisions set out in the preceding paragraphs shall apply to the
exercise of notarial either the individual title or to the societies of professionals.
CHAPTER IV
Disciplinary regime
Article 83.
Regime and competence
The associates of the Order are disciplinarily responsible to the Order, in the terms
provided for in 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 and by the Decree-Law No. 15/2011,
of January 25, by exercising the Order your competences through the supervisory board.
Article 84.
Duties of the associates exclusively for the Order
Are the duties of the associates exclusively for the Order, for the purposes of the provisions of the
Article 83 (10) of the Statute of the Notariat, approved by the Decree-Law i n. 26/2004,
of February 4, as amended by Law No. 51/2004 of October 29 and by the Decree-Law n.
15/2011, of January 25, the duties provided for in points c ) a n ) of paragraph 1 and in paragraph 2 of the
article 79.
CHAPTER V
Societies of notaries
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
109
Article 85.
Inscription on the Order
The companies of notaries must register as associates of the Order, enjoying the
rights and being subject to the duties applicable to the effective associates of the
Order that are compatible with their nature, being in particular subject to the
principles and deontological rules set out in this Statute.
Article 86.
Regime
1-Notary societies apply to the legal regime of the constitution and operation
of the companies of professionals who are subject to professional public associations,
with the exceptions provided for in this Chapter.
2-Societies must opt, at the time of their constitution, by one of the two types
following, depending on the regime of liability for social debts to be adopted, owing
the firm contain the mention of the adopted regime:
a) Unbounded liability companies, RI;
b) Limited liability companies, RL.
3-A liability for social debts includes those generated by stock or omissions
imputed to partners and trainees, in the exercise of the profession.
4-In the societies of unlimited liability, the partners answer personal, unlimited and
jointly and severally by the social debts, without prejudice to the provisions of the following number.
5-Unlimited liability company creditors can only require the partners to
payment of social debts after the preview excuses from the goods of the society.
6-In societies of limited liability, only society accounts for debts
social, up to the limit of compulsory civil liability insurance.
7-The companies of professionals provided for in paragraph 1 shall apply to the tax regime provided for
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
110
the companies constituted in the commercial form.
Article 87.
Partners
1-Notary societies can only be constituted by professional partners, not
may the number of partners be more than three.
2-You can only be partners in a society of notaries the notaries who hold leave of
notarial careal installation in the same municipality.
3-The associates of a society of notaries may not exercise the activity of notary to
individual title.
Article 88.
Notarial carthorium assignment license, white seal and notarial file
1-A assignment license of the notarial carthorium as well as the respect white seal
belong exclusively to the partner to whom they were assigned, regardless of the
management and operation of the carthorium being ensured by the society.
2-To the notarial file belonging to each carthorium apply the rules laid down in the
Status of the Notariat, approved by the Decree-Law No. 26/2004 of February 4,
amended by Law No. 51/2004 of October 29 and by the Decree-Law No. 15/2011 of 25
of January, being the file intrinsically linked to the respect of the licence,
regardless of the management of the carthorium being effected by the society.
Article 89.
Compulsory insurance of civil liability
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
111
1-Notary societies must hire civil liability insurance for
cover the risks inherent in the exercise of the professional activity of its partners and
collaborators.
2-The minimum mandatory-insured capital cannot be lower than the value
corresponding to 50% of the billing value of the society in the previous year, with a
minimum of € 100000 by each partner and a maximum of € 5000000.
3-In the year of the constitution of the society, the value of civil liability insurance
corresponds to the minimum threshold referred to in the preceding number.
4-The failure to comply with the provisions of this article implies unlimited liability
of the partners by the social debts generated during the period of the default of duty
of celebration of insurance.
Article 90.
Exclusion of partner
In addition to the cases provided for in the legal regime of the constitution and operation of the
companies of professionals who are subject to professional public associations, the
deletion of partner automatically checks when the partner cede to be the holder of
notarial carthorium installation license or when it passes to be a license holder of
installation of notarial carthorium in another municipality.
Article 91.
Career plans
The companies of notaries are not subject to the obligation laid down in Article 26 of the scheme
legal of the constitution and operation of the societies of professionals who are
subject to professional public associations.
Title II
Supplementary and final provisions
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
112
Article 92.
One-stop shop
All applications, communications and notifications provided for in this Statute between the
Order and practitioners and societies of professionals, with the exception of those concerning
disciplinary procedures or vote-by-correspondence, can be carried out by means
electro-electronics, through the single electronic counter of the services, accessible through the site in the
Internet of the Order.
Article 93.
Information on the Internet
In addition to the information referred to in Article 23 of the Law No 2/2013 of January 10, the
Order to be made available to the general public, through its electronic site on the Internet,
the following information:
a) Regime of access and exercise of the profession;
b) Principles and deontological rules and technical standards applicable to their associates;
c) Procedure for filing a complaint or complaints by the recipients
concerning the services provided by professionals in the context of their
activity;
d) Offers of employment in the Order;
e) Updated registration of the associates with:
i) The name, professional domicile and the number of professional ballot;
ii) The designation of the title;
iii) The situation of suspension or temporary interdiction of the exercise of the activity,
where appropriate;
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
113
f) Updated registration of professional societies inscribed with the respective designation,
seat, enrolment number and tax identification number or equivalent.
Article 94.
Administrative cooperation
The Order provides and requests the administrative authorities of the other Member States and the
European Commission mutual assistance and take the necessary steps to cooperate
effectively.
Article 95.
Subsidiary law
In everything that is not regulated in this Statute, the provisions of the Act shall apply
n ° 2/2013 of January 10, being still applicable, subsidally and with the necessary
adaptations:
a) To the attributions and exercise of the public powers by the Order, the Code of
Administrative Procedure with the necessary adaptations and the general principles
of administrative law;
b) To the internal organization of the Order, the standards and the principles governing the
associations of private law;
c) To the disciplinary procedure, the General Labor Law in Public Functions,
approved by Law No 35/2014 of June 20.
Article 96.
Judicial control
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
114
The activity of the Order within the scope of its tasks and the exercise of public powers
which are conferred upon you shall be subject to the administrative jurisdiction, in the terms of the respect
legislation.
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No 310 /XII
115
ANNEX II
(referred to in Article 8)
Republication of the Status of Notarial
