Various laws in recent years have changed the notarial and registration fees, without having a reflection on the tariff regulations.

The regulation of notary and registrant tariffs is contained in Royal Decrees 1426/1989 and 1427/1989, of November 17, and Decree 757/1973 respectively. In addition, in mortgage matters, Law 2/1994, of March 30, on subrogation and modification of mortgage loans, incorporates a provision in its Article 8 on notarial and registration fees in the case of subrogation, novation modifying or cancelling loans or mortgage loans.

Law 41/2007, of 7 December, amending Law 2/1981 of 25 March, of Regulation of the Mortgage Market and other rules of the mortgage and financial system, of regulation of reverse mortgages and insurance (a) and for which a certain tax rule is established, has given new wording to the aforementioned precept by limiting the notarial and registration duties applicable to such operations.

According to the new wording of that rule, in addition to the amending and amending operations, the notarial fees of the write-downs of loans or mortgage loans are calculated by applying the duties corresponding to the documents without the amount provided for in Royal Decree 1426/1989 of 17 November 1989. The registration fees for the registration of these scriptures are calculated by applying the corresponding duties " to the number 2-inscriptions-of Annex 1 to Royal Decree 1427/1989, based on the amount of capital outstanding to write down, with a reduction of 90% ".

The present royal decree comes to coordinate in the real decrees that specifically regulate the tariffs applicable by notaries and registrars the various modifications operated by law or norms with the rank of law in the last years and the application of which has given rise to various interpretative doubts. In this sense, in the first term, the provisions of article 8 of Law 2/1994, according to the wording of Law 41/2007, are incorporated into the regulations on notarial tariffs and registration. The aim of this incorporation is to provide clarity to the tariff system in those operations which may have a particular impact on the mortgage market and on the financing of companies and individuals, avoiding disparities between interpretations that have, at times, occurred.

Likewise, the duties that were established for the constitution of limited liability companies were established in Royal Decree-Law 13/2010 of 3 December 2010, of actions in the field of taxation, labor and liberalization. to encourage investment and job creation, which in the case of the Commercial Registrars is carried out to Decree 757/1973, of March 29, which approves its tariff.

On the other hand, it is intended to clarify the doubts raised by the application of the 5% reduction in the notarial and registration duties provided by the Royal Decree-Law 8/2010 of 20 May, for which measures are adopted (a) extraordinary for the reduction of the public deficit, in its eighth additional provision, and which is due to the condition of public servants of the notaries and the registrars of the property and market, and the adoption of which responded to the the economic situation which would have to be limited in time, but to which it would be There is a need for uniformity when it comes to its implementation. In particular, it is stated that this tariff reduction will be applied in addition to the other discounts, reductions, bonuses or rebates provided for in relation to the notarial and registration duties which are calculated on the basis of is indicated in this rule.

In its virtue, on the proposal of the Minister of Justice, in agreement with the Council of State, and after deliberation of the Council of Ministers at its meeting of November 11, 2011,

DISPONGO:

Article first. Modification of Royal Decree 1426/1989, of 17 November, for which the tariff of the Notaries is approved.

One. New wording is given to points (f), (g) and (h) of paragraph 1 of Annex I, No 1:

" (f) Scriptures for the modification and modification of credit or mortgage loans: EUR 30,050605.

By credit cancellation or mortgage loan writing, and regardless of the capital outstanding to write down and the transaction is integrated into a subrogation or mortgage novation process, it will be charged 30.050605 Euro, without any amount due from the fifth portfolio of matrix and copy, be authorized copy or simple copy.

g) Scriptures for the formation of limited liability companies by means of telematics which do not have between their partners legal persons or a share capital of more than EUR 30 000 and whose administrative body is defined in the social statutes are structured as a single administrator, several solidarity managers, whatever their number, or two joint administrators, for all the concepts: 150 euros. This amount shall be EUR 60, for all concepts, where, in addition to the above requirements, the share capital of limited liability companies is not more than EUR 3,100 and its statutes are adapted to some of those approved by the Ministry of Justice.

h) Other documents (marital status, emancipation, affiliation recognition, etc.): EUR 30,050605. "

Two. A new final paragraph is added to paragraph 1 of Annex I, No 2, with the following wording:

" In all cases of this paragraph, a reduction of 5 per 100 of the amount of the tariff to be collected by the notary will be applied. This reduction will also be carried out, in any case, in the cases provided for in the following paragraphs of this number which result from the application of this scale and in addition to the other discounts and rebates provided for in the legislation. "

Three. Paragraph 2 of the ninth rule in Annex II is amended as follows:

" Novena.

2. The rights that the Notaries will establish under these tariffs will be entered in the appropriate minute in which the duties, concepts, bases, and tariff numbers applied to be signed by the Notary will be expressed, according to the the reporting obligations set out in paragraph 2 of the eighth additional provision of Royal Decree-Law 8/2010 of 20 May 2010 laying down extraordinary measures for the reduction of the public deficit.

The minute must contain an indication of the appeal against it and the time limit for its challenge.

The minute model will be uniform for all Notaries and will be approved by Resolution of the General Directorate of Records and Notary.

Operations, regardless of how they are processed, that do not have any rights in the tariff shall not be entitled to any charge. "

Article second. Amendment of Royal Decree 1427/1989, of 17 November, approving the tariff of the Registrar of the Property.

One. Paragraph 1 of point 2 of Annex I is amended as follows:

" 1. For the registration, entry or cancellation of each farm or right, the amounts determined by the following scales shall be collected:

(a) If the value of the farm or right does not exceed EUR 6,010,12, EUR 24,040484.

b) For the excess between 6,010,13 and 30,050.61 euros, 1.75 per 1,000.

c) For excess between 30,050.62 and 60,101.21 euros, 1.25 per 1,000.

d) For the excess between 60,101.22 and 150.253.03 euros, 0.75 per 1,000.

e) For the excess between 150,253,04 and 601,012,10 euros, 0.30 per 1,000.

f) For the value exceeding 601,012,10 euros 0.20 per 1,000.

g) The duty applicable to the registration of subrogation, amending and cancellation of loans or mortgage loans shall be as referred to in this paragraph, taking as a basis the capital to be amortised reduced by 90 per 100 and regardless of whether or not the operation is integrated into a subrogation or mortgage novation process.

In any event, the applicable global tariff on the tariff number 2 shall not exceed EUR 2,181,673939 or be less than EUR 24,040484.

In all cases of this number, a reduction of 5 per 100 of the amount of the duty to be charged by the registrar of the property will be applied. This reduction will also be carried out, in any case, in the cases provided for in the following paragraphs of this number and in addition to the other discounts and rebates provided for in the current regulations and without it being applicable to the the same as provided for in paragraph 6 of this number. '

Two. New wording is given to paragraph 2 of the fifth standard and to the ninth standard in Annex II:

" Fifth.

2. The rights accrued by the registrars according to these tariffs will be entered in the appropriate minute, in which the suplids, concepts, bases and tariff numbers must be expressed. The minute, which shall be signed by the Registrar, shall include the reporting obligations set out in paragraph 2 of the eighth additional provision of Royal Decree-Law 8/2010 of 20 May adopting extraordinary measures for the the reduction of the public deficit and shall contain an express reference to the appeal against it and the time limit for its challenge. '

" Novena.

Operations, regardless of how they are processed, that do not have any rights in the tariff shall not be entitled to any charge. "

Article 3. Amendment of Decree 757/1973, of March 29, approving the Deputy Arancel of the Commercial Registrars.

One. Number 5 of the Arancel de los Registradores Mercantile happens to have the following wording:

" By the registration or annotation of the constitution, absorption, merger or transformation of each Company, as well as the issuance of bonds or other securities, the rights to be entered in the following shall be collected scales:

• Scale first. If the amount of the right to be registered or registered does not exceed EUR 3,005,06: EUR 6,010121.

• Scale second. For this it exceeds EUR 3,005.06 to EUR 30,050.61: 0,10%.

• Scale third. So it exceeds EUR 30,050.61 to EUR 90.151.82: 0.08%.

• Scale fourth. So it exceeds from 90,151.82 euros to 240,404.84 euros: 0.06%.

• Scale fifth. So it exceeds EUR 240,404,84 up to EUR 601,012,10: 0,038%.

• Scale sixth. For this, it exceeds EUR 601,012,10 to EUR 1,202,024,21: 0,02%.

• Scale seventh. So it exceeds EUR 1,202,024.21 to EUR 6,010,121,04: 0.009%.

• Scale octave. So it exceeds € 6,010,121.04, 0.005%.

In any case, the applicable global tariff regulated in this number may not exceed EUR 2,181,673939.

Will enjoy the bonus of 50 per 100 of the rights that result from the application of the scales of this number the Public Administrations or their agencies, in the inscriptions or annotations of the Entities in which the same participate and in relation to the capital that belongs to each of them.

In the previous assumptions provided for in this number, a reduction of 5 per 100 of the amount of the tariff to be collected by the merchant registrar will be applied. This reduction shall also be carried out, in any event, in the cases provided for in the following numbers in which the tariff results from the application of the scale provided for in this number 5 and in addition to the other discounts and rebates provided for in the current legislation.

By the registration of the constitution of limited liability companies by means of telematics that do not have between their partners legal persons or a social capital of more than 30,000 euros and whose administrative organ The social statutes are defined as a single administrator, a number of joint administrators, whatever their number, or two joint administrators, will be charged, for all the concepts, with the fixed amount of EUR 100. This amount shall, for all concepts, be EUR 40 where, in addition to the above requirements, the share capital of limited liability companies is not more than EUR 3,100 and its statutes are adapted to some of those approved by the Ministry of Justice. '

Two. A fifth new provision is added with the following wording:

" Fifth.

The amount of the duties accrued, the basis taken into account for calculation and the applied tariff numbers shall be recorded at the foot of the registered title, at the end of the certification or information note, if any, and after the a dispatch note that has been practiced in the journal.

The rights accrued by the registrars according to these tariffs will be entered in the timely minute, in which the suplids, concepts, bases and tariff numbers must be expressed. The minute, which shall be signed by the Registrar, shall include the reporting obligations set out in paragraph 2 of the eighth additional provision of Royal Decree-Law 8/2010 of 20 May adopting extraordinary measures for the the reduction of the public deficit and shall contain an express reference to the appeal against it and the time limit for its challenge.

The Registrars will deliver the original of the minute to the data subject and keep a copy of it.

The minute model will be uniform for all Records and will be approved by Resolution of the General Directorate of Records and Notary.

Operations, regardless of how they are processed, that do not have any rights in the tariff shall not be entitled to any charge. "

First Disposition First. Competence title.

This royal decree is based on the state competence of the management of the public records and instruments of article 149.8ª of the Spanish Constitution.

Final Disposition Second. Entry into effect.

This royal decree comes into effect the day after its publication in the "Official State Gazette".

Given in Madrid, on November 14, 2011.

JOHN CARLOS R.

The Minister of Justice,

FRANCISCO CAAMANO DOMÍNGUEZ