In Costa Rica the Bar Association establishes by legal decree the minimum fees that the Attorney members of the legal Bar Association and Notary Public’s must charge to the general public. It is mandatory for all legal professionals to adhere to this fee schedule and they may not charge less than the amounts stipulated law. They may of course charge more than the amounts stipulated in the decree by way of mutual agreement with the client. However, if they charge less they are subject to disciplinary proceedings before the Bar Association or the Notary Directorate. The law also covers the Bar Association stamps that must be adhered to legal documents and notary certifications. The law is found in Decreto Ejecutivo No. 41457-JP which is provided to you in full below in English.
The full text of the law begins here:
In use of the faculties conferred to it by paragraph 3) of article 140 of the Political Constitution; Articles 25 (1), 28 (2)) section (b) of the General Law of Public Administration, No. 6227 of the two of May of 1978 and their reforms; Article 22 (15) of the Organic Law of Costa Rica’s Bar Association n ° 13 of the 28th of October of 1941 and its reforms and article 166 of the Notarial Code Law n ° 7764 of the 17th of April of 1990 and its reforms.
CONSIDERATIONS
It is the responsibility of the Board of Directors of the bar and Lawyers, to draw up the fees and conditions applicable to the collection of professional services provided by lawyers and notaries, and to submit them to the Ministry of Justice and Peace for approval. For promulgation by the Executive Branch.
II. That the last revision of the fees of lawyers and notaries and their respective executive decree, was made on August of 2015 being that the numeral 113 of the tariff, issued by Executive Decree 39078-JP published in the Newspaper Official Gazette N ° 157 of August 13, 2015, indicates that the fees fixed in the same will be increased every two years, according to the price indexes indicated in the Index of Consumer Prices (CPI), however this increase may not exceed ten per Hundred.
III. That by ordinary session number 23-2018, held on June 18, 2018, the request for revision of tariffs was known by the Board of Directors of the Bar Association, being that by Office DFyP 050-2018, the Directorate of Finances of that entity He indicated that inflation reflected in the price index per month of April 2018 is 10%. Therefore, an increase of 10 ten per cent in the tariffs indicating a fixed amount is approved and the tariffs of the articles that set fees in percentage form are not increased, because they are automatically adjusted with the increments that generally experience The prices.
IV. That this tariff was approved and recognized by the Board of Directors of the Bar Association, in the ordinary session number 23-18 held on June 18, 2018, according to agreement 2018-23-011. THEREFORE:
DECREE FOR FEES FOR PROFESSIONAL SERVICES OF ATTORNEYS AND NOTARIES
TITLE
General Provisions
CHAPTER I
Object, obligation and definitions
Article 1 °-Object and obligation. The purpose of this Tariff is to establish the amount and forms of payment of the Attorneys ‘ and Notaries ‘ fees for the provision of their services, in accordance with the provisions of this Regulation. This regulation is mandatory for Attorneys and Notaries, individuals in general and public officials of all kinds. By reason of the foregoing, against this Executive Decree may not oppose agreements or provisions of public or private entities that in any way contravene, vary or modify the situations regulated here. Violation of the provisions governed by this Tariff shall be punished by the Board of Directors of the Bar Association, the notarial jurisdiction, or any other administrative or judicial authority as appropriate.
Article 2 °-Concepts and definitions. For the purposes of applying and interpreting this Tariff, the following concepts shall be understood as follows:
(a) Attorney: A Professional with a university degree in Law and incorporated to the Costa Rican Bar Association.
(b) Tariff: This “Fee for Legal and Notary Services”.
(c) Associate (s): Professionally Linked In fact or right with another Attorney to provide professional advocacy services.
(d) Members (AS): Members of the Bar Association of Costa Rica.
(d) School: Bar Association of Costa Rica.
(e) Commission: Tariffs Committee of the Bar Association of Costa Rica.
(f) Client: Natural or legal Person who requests or benefits from the services of Legal professionals.
h) Address: National Directorate of Notaries.
(i) Fees: Remuneration or payment for Legal and Notary services.
(j) Board of Directors: Board of Directors of the Bar Association.
(k) Notary: A Notary public duly registered and empowered before the National Directorate of Notaries.
(l) General Rate: That established in article 16 of this same tariff, for and article 74 of the same tariff, for the service of the legal services Notarized According to the provisions of this Tariff.
(m) User: Natural or legal Person applying for Notary services.
CHAPTER II
Of the hiring of a Lawyer
Article 3 °-Payment of fees and duty of information. The Attorneys ‘ fees must be cancelled in the appropriate opportunities, in accordance with the nature of the professional services provided and in the terms indicated in this fee.
It Is The duty of the professional to advise and inform the customer of the amount of their fees, from the beginning of the hiring of their services.
The client is obliged to cancel the corresponding fees in favor of the professional whose services he has contracted, regardless of the final result. The foregoing, with the exception of those matters in which it is demonstrated, disciplinary or judicially, that in the exercise of its profession the Lawyer has harmed his client faulty or intentionally.
Article 4 °-Property of the fees. The fees correspond to the professional or professionals who have been required by the client. It Is prohibited for the professional to share his or her fees with other non-attorney professionals.
Article 5 °-Professional services Contracts. The contract written between the Lawyer and his/her client constitutes the appropriate form to determine and to test the scope of the professional work to be fulfilled and the amount that according to this Tariff has been established in each case.
Professional fees may not be less than the percentages or minimum amounts set out in this Tariff. However, depending on the nature of the matter and its degree of complexity, the professional and his client may agree to amounts higher than those established in this Tariff, provided that it contains a written agreement containing: the detailed object of the service, the amount of the Fees and their way of payment.
The responsibility for joint action shall be in solidarity with all the professionals involved, with the exceptions resulting from the laws or other rules of lower rank, and unless it is proven that this is attributable only to one or some of the Lawyers hired. Professionals acting jointly must ensure that those involved are not legally impeded at the time of their services.
The responsibility will always fall on the contracted professional and/or signatory in the required action, even if the latter has been made on behalf of a law firm, company, consortium or any other entity that in fact or right has Professionals, group or associate them, to provide advocacy services; The foregoing, without prejudice to the responsibilities that may also correspond to those entities.
Article 6 °-Contract Quota-Litis. It Is understood by contract Quota Litis that agreement or contract concluded between the Lawyer and his client, by which takes the legal sponsorship or professional direction of an issue in exchange for a quota part of the object of the litigation, the contract quota Litis is Independent of the fees that the professional can receive for personal costs.
Article 7 °-Remuneration of services through payment of professional time. Professional fees shall be cancelled in accordance with the amounts set forth in this Tariff. It will be possible to agree with the clients the remuneration of fees by means of the payment of the professional hours invested in the tasks that it corresponds to them to carry out; The total amount of the same is not less than the minimum amount established in each case in this Tariff. The Minimum amount to be charged per professional hour may not be less than ninety thousand seven hundred and fifty colones.
Article 8 °-Obligation to pay and interest for non-compliance. The customer is obliged to cancel the fees in a timely manner. In the event of non-compliance, the professional shall have the right to receive moratorium interests of two per cent (2%) Monthly, calculated on the amount owed from the time when it was incurred in arrears.
Article 9-Plurality of representation: When in the same process the Lawyer attends to different persons represented, he or she may agree on an individual basis with each one according to the rules of this fee.
Article 10.-Unforeseen Cases and controversies. It is up to the Committee on Tariffs to know and resolve cases not provided for in this Tariff, or when doubts or controversies arise as to the interpretation of this Tariff. The Committee on
Tariffs shall inform the Board of Directors of its recommendation concerning such cases, doubts or controversies so that it may decide in the exercise of its competence. Any Resolution of the Board of Directors in relation to cases from the Committee on Tariffs, shall have appeal for repeal before the board of Directors, with appeal in subsidy to the General Meeting within three working days following the Date on which the interested parties are notified, with the provisos of the Law regarding the notifications by fax. The final pronouncement dictated by the General Meeting shall be compulsory compliance; It is understood that the minimum fees may not be less than one hundred and sixty five thousand colones.
TITLE II Attorneys Fees
SOLE CHAPTER
Non-judicial administrative Matters
Article 11.-Non-judicial administrative Processes and miscellaneous tasks: Administrative Headquarters procedures not expressly regulated in this Tariff established in article 16, shall accrue fees of fifty percent (50%) Of the General Rate, in relation to the estimated amount of the subject under discussion. In the non-estimatable cases the minimum amount of the fees will be two hundred forty-two thousand colones.
Article 12.-Migratory Matters: Unless The Professional and his client have agreed to an honorary professional hour, the following minimum fees shall apply for the care and processing of the following administrative matters:
a) For the processing of renewals, extensions and modifications of immigration status or obtaining temporary work permit, one hundred twenty-one thousand colones.
b) For the processing of a residence card, three hundred and two thousand five hundred colones.
c) By The naturalization process of Costa Rican nationality, three hundred Sixty three thousand colones.
d) For the processing of the status of pensioner or resident renter, six hundred Five thousand colones.
In the previous cases, if There is opposition or refusal and it is necessary to process any appeal to the superior, the professional or the practitioner may charge additional for this management fifty percent (50%) More of the fees indicated.
Article 13.-Industrial Property, Copyright and Related Matters. For Registration of the Industrial Property Registry and Copyright and Related Rights, the following minimum rates are established:
(a) Patents of invention and records of pharmaceutical specialties, four hundred eighty and four thousand colones.
b) Of trade names, trademarks and signs of propaganda, nationals, as well as their renovation, one hundred eighty and one thousand five hundred colones.
c) Of Cattle brands One hundred eighty one thousand five hundred colones.
d) designs and utility models and industrial, two hundred forty two thousand Colones.
(e) By assignments, changes of owner names, licenses of rights of uses and Cancellations, one hundred and eighty one thousand five hundred colones.
f) By Copyright, one hundred and eighty one thousand five hundred colones.
Any other procedure not covered by the preceding paragraphs Fee of one hundred and eighty one thousand five hundred colones. Oppositions and appeals shall accrue minimum fees in relation to the provisions of article 11 of this chapter.
Article 14.-Entity identification Number not subject to registration in the National Registry. For the procedures for obtaining the identification number of entities not subject to registration in the National Registry, a fee of sixty thousand five hundred colones will be charged.
Article 15.-Bidding and administrative hiring. For the attention of bids and administrative hirings will govern the agreement written between the client and the professional, in which necessarily the amount of fees must be indicated and its form of payment, with a minimum of three hundred two thousand five hundred Regardless of the stage in which the process is found.
The following stages Are distinguished in the administrative procurement process:
A. Pre-qualification of the firm.
B. Study of the poster, eventual objection and preparation of the offer.
C. Review of the offer submitted by the customer.
D. Review and study of competition offerings.
E. Challenge of the act of adjudication.
F. Maintenance of the contracting Act.
G. Contract Signature.
TITLE III Judicial Matters
CHAPTER I
General Rate for litigations processes
Article 16.-General Tariff: The Ordinary, abbreviated, arbitral, interdictions or summary processes, in civil, civil, commercial, agrarian, administrative or tributary disputes, whose economic content is determinable, shall accrue The following minimum percentages:
a) Up To sixteen million five hundred thousand colones, twenty percent (20%).
b) Over the over sixteen million five hundred thousand colones and up to eighty two Million Five hundred thousand colones, fifteen percent (15%).
c) Over the over eighty two million five hundred thousand colones ten percent (10%).
In the process of claims for divergent rights or collective rights, the Attorney fees are twenty five percent (25%) Of the conviction for each sponsor. The minimum fees, for each sponsorship, are one hundred and ten thousand colones even if there was no judgment.
The foregoing, except special standard contained in this TARIFF for any particular process.
Article 17.-Early Termination of the process by conciliation, mediation, desertion or transaction. In the event of conciliation, mediation, desertion or transaction, the fees will be fifty percent (50%) of the General Rate. This arrangement will apply to all kinds of process. In the event that the process ends by defection attributable to the Lawyer, the Attorney will not be entitled to the collection of fees, except for the cases covered by this Tariff. In the case of the defendant’s attorney, when the defection is declared, the fees will be paid according to the procedural stage in which the case is found.
Article 18.-Payment Method. Unless written agreement, the fees referred to in the preceding article shall be paid in the following manner:
A third is due upon filing the lawsuit or an answer to any lawsuit.
A third part due at the end of the demonstrative phase. In This second payment, the readjustment will be made with the foregoing, in order to complete the two thirds in relation to the amount.
C) A third and final part is due upon the final judgment or sentence, whether it is the first instance if it has not been appealed or is in the second instance.
Article 19.-Fees in processes in which the amount and controversy cannot be calculated. The minimum fees for this type of process may not be less than two hundred and forty-two thousand colones.
Article 20.-Fee Coverage: All Previous fees include professional work for ordinary resources and motions, up to second instance. If the appeal is required and formalized then the the fees will be agreed by the parties and may not be less than five hundred fifty thousand colones.
CHAPTER II
Collections and enforcement Processes
Article 21.-Collection proceedings: The fees will be fifty percent (50%) Of the General Rate schedule and must be cancelled as follows:
A) half with the filing of the claim or reply.
b) Twenty five percent (25%) when there is a judgment.
c) The last twenty five percent (25%) With the auction or with the approval of the Liquidation, if there are no goods. In no case will the total fees be less than sixty thousand five hundred colones. In the event of the anticipated termination of the proceedings, without prejudice to the amount of the trial, the fees shall not be less than sixty thousand five hundred colones, shall not be divisible and shall be paid in one act. In the event of an early termination of the conciliation, mediation or transaction process, the full fee will be paid for this type of process, i.e. fifty percent (50%) of the General Rate.
Article 22. Executory Processes: The fees will be fifty percent (50%) Of the General Rate, and will be paid as follows:
a) half with the filing of the claim or reply.
(b) The Other half by approving the auction or if having complied with all the requirements for a public auction it is not held due to a settlement of the transaction. Celebration is not made by arrangement or transaction.
In no case will the total fees be less than sixty thousand five hundred colones. In case of early termination, regardless of the amount, the minimum fees will be sixty thousand five hundred colones, they will not be divisible and will be paid in a single act. In the event of an early termination of the conciliation, mediation or transaction process, the provisions of article 17 of this Tariff shall apply.
CHAPTER III
Judgment Execution Processes
Article 23.-Executions of Judgement. In all executions of judgment dictated in any type of process, the fees will be of seventy-five percent (75%) Of the General Rate, with a minimum of one hundred and twenty-one thousand colones. Half with the presentation of the execution and the other half with the firm sentence.
CHAPTER IV
Rental Dispute Processes
Article 24. Rental Law Processes. The rental law process will apply the following rules:
(A) Eviction Proceedings: In the eviction proceedings, the fees of the professionals of both parties shall be determined in accordance with the amount determined In article 17, section 6 of the Civil Procedural Code, and on that amount the General Tariff shall apply. The minimum fees may not be less than one hundred and eighty one thousand five hundred colones.
(B) The filing of the lawsuit will pay fifty percent (50%) Of the fees and the other fifty percent (50%) With a firm or effective sentence of unemployment.
(C). Lawsuit to Fix Rental Amount: The Professional’s fees shall be equal to five times the amount of the increase obtained (difference) in relation to the previous lease amount and those of the defendant’s Attorney shall be equal to three times the amount of the Increase requested by the actor (difference) and not granted in sentence. The filing of the lawsuit will pay fifty percent (50%) Of the fees and the other fifty percent (50%) With a firm sentence. In no case will the fees be less than one hundred and eighty one thousand five hundred colones, amount that the professionals of the parties will have the right to receive from the beginning of the processing of the process.
(D) Defense of an Eviction Process: The minimum fees may not be less than one hundred and twenty-one thousand colones. The filing of the lawsuit will pay one hundred percent (100%) of the fees.
(E) Rent Consignment: The minimum fees may not be less than sixty thousand five hundred colones and will be paid when the respective letter is signed. The filing of the lawsuit will pay one hundred percent (100%) of the fees.
(F) Rental Increase Motion. Fees will be twenty five percent (25%) Of the amount recovered, but may not be less than one hundred twenty-one thousand colones. The payment method will be fifty percent (50%) With the presentation of the incident and the other fifty percent (50%) With the final resolution.
CHAPTER V
Precautionary Measures and non-contentious proceedings
Article 25.-Precautionary Measures. For the submission and processing of precautionary measures, the minimum fees may not be less than one hundred and twenty-one thousand colones and shall be paid in full with the submission of the diligence.
Article 26.-Possessory Information, rectification of measurements and locations of undivided rights. In The possessory information, rectification of measures and location of undivided rights, the fees will be fifty percent (50%) Of the General Rate of this Tariff. The minimum fees will be three hundred and two thousand five hundred colones. The method of payment will be made in three tracts, the first one when the lawsuit is filed, the second with the receipt of the proof and the last one when dictating the sentence.
Article 27.-Other Processes. In any other processes, acts or proceedings, not expressly regulated in this Tariff, the fees shall be half of the General tariff of this Tariff, but in no case shall be less than one hundred and twenty One thousand colones. The presentation of the process will pay one hundred percent (100%) of the fees
CHAPTER VI
Trials Based on Universal Principles
Article 28.-Probate. Fees will be fifty percent (50%) Of the General Rate of this Tariff, calculated on the value of the totality of the goods, regardless of the fees for the deed of adjudication. The minimum fees will be two hundred and forty-two thousand colones.
Article 29.-Attorneys Fees for individuals representing any of the heirs. In succession proceedings involving other Attorneys of one or more heirs, the fees may not be less than thirty percent (30%) of the General tariff of this Tariff, calculated on the value of the assets awarded to its sponsors, without being less than one hundred and twenty-one thousand colones per sponsor.
These fees will be paid in the following way:
A. Fifty percent (50%) with initial pleading
B. The other half readjusted with final adjudication or termination of the process for any reason.
Article 30.-Preventive Agreement of creditors, administration by judicial intervention, insolvency and bankruptcy of creditors. In the processes mentioned above, the fees for the professional management of the creditor (a) or debtor (a) will be fifty percent (50%) Of the General Rate, applied on the amount of the credit of its sponsor, without that they can be less than three hundred two thousand five hundred colones. Fifty percent (50%) Of the fees will be paid at the beginning of the process and the remainder with the final resolution.
Article 31.-Legalization of credits and motions in universal judgments. In the universal judgments referred to in the preceding article, the following additional fee shall apply:
In credit Legalizations The fees will be ten percent (10%) Of the General Rate, applied on the total amount of legalization. If there is a need to enforce the management by incidental means, ten percent (10%) will be added, with a minimum of one hundred and twenty One thousand colones. These fees will be paid as well: fifty percent (50%) With the filing of legalization and the other fifty percent (50%) With the first instance sentence. If the matter reaches cassation, ten percent (10%) will be added With a minimum of one hundred and twenty-one thousand colones.
These fees will be paid with the initial pleading
In Motions for the inclusion or exclusion of goods, professional management fees shall be twenty percent (20%) Of the General Rate, applied on the value of the goods, without being able to be less than one hundred and twenty One thousand colones. These fees will be paid: half by filing or answering the incident and the other half with the first instance judgment.
CHAPTER VII
Labor Law
Article 32.-Individual Disputes: By the professional direction in individual disputes the fees shall be as follows:
In the ordinary labor court processes of twenty-five percent (25%) To thirty percent (30%) The amount of the conviction or in your case of the acquittal. Fees may not be less than one hundred and twenty-one thousand colones.
In claims for Labour related worker’s compensation claims, twenty percent (20%) Twenty-five percent (25%) The amount of the indemnity or in the case of absolution, with a minimum of one hundred twenty-one thousand colones.
C. In collection actions to collect labour benefits by death or similar procedures, fifteen percent (15%) Of the sum consigned whether the successors or the consignee, with a minimum of one hundred and twenty-one thousand colones.
D) In cases of claims involving periodic benefits, the fees shall be fixed according to the professional work deployed; Fees may not be less than one hundred and twenty-one thousand colones.
Article 33.-Faults and violations: In The care of proceedings on faults and violations, the fees shall be determined taking into account the number and severity of the offences, the amount of workers involved, the complexity of the case and other Process factors, with a minimum hundred and twenty One thousand colones.
When additional damages are charged, the fees will be set at fifteen percent (15%) and a maximum of twenty-five percent (25%), either on the conviction or on the absolution, with a minimum of one hundred and twenty-one thousand colones.
Article 34.-Collective Processes: The fees will be determined considering aspects such as: the number of petitions, the amount of workers involved, the amount of the negotiation, the time invested by the professional, the incidents that arise Around the main issue and the final result obtained by the customer. The following minimum rates shall Govern:
A) In direct arrangements, two hundred and forty-two thousand colones.
B. In collective conflicts of economic-social character, four hundred twenty three thousand Five hundred colones.
C. In the discussion and negotiation of collective labour conventions, four hundred
Twenty-three thousand five hundred colones.
D. For administrative labor claims one hundred eighty one thousand five hundred colones.
Article 35.-Preparation of Internal Regulations: For the preparation and processing of internal labour regulations, the minimum fees may not be less than six hundred five thousand colones.
Article 36.-Other processes: In The other processes not covered in this chapter the minimum fees may not be less than one hundred and twenty One thousand colones.
CHAPTER VIII
Criminal Procedures
Article 37.-Traffic court cases and Misdemeanors: In the proceedings for infringements of the traffic laws and in the processes due to misdemeanors, in which the oral judgement will be reached, the minimum fees will be one hundred ninety two thousand five Hundred Colones But if the cause ends before the oral trial for any reason, the minimum fees will be one hundred and twenty-one thousand colones.
Article 38.-Single person Tribunal: In the criminal cases whose competence is of a unipersonal Tribunal, the minimum fees for the criminal defense will be of four hundred eighty and four thousand colones.
Unless otherwise agreed, the fees shall be paid in the following manner:
A) A third part of the research stage.
B) third party for the holding of the preliminary hearing.
C) A third party for the holding of the oral trial.
In cases where the process is concluded by the application of the abbreviated procedure or an alternative measure, the fees will be seventy five percent (75%) Of the entire process fee. The fees for the Civil compensation action shall be governed by the rules established for that matter in this Tariff.
The same rules shall apply to the lawyer who carries out the complaint in any public action offenses.
Article 39.-Court of Judgement: In The cases whose jurisdiction for a trial is before a three party tribunal of judges then, the minimum fees will be of seven hundred twenty-six thousand colones.
Unless otherwise agreed, the fees shall be paid in the following manner:
A) A third part of the research stage.
B) A third party for the holding of the preliminary hearing.
C) A third party for the holding of the oral trial.
In cases where the process is concluded by the application of the abbreviated procedure or an alternative measure, the fees shall be seventy-five percent (75%) Of the entire process fee. The fees for the Civil compensation action shall be governed by the rules established for that matter in this Tariff which would correspond to the whole process. The same rules shall apply to the lawyer who carries out the complaint in public action offences.
Article 40.-Revision of Judgment and Appeal: In The remedies for the revision or Appeal of criminal sentences, the minimum fees may not be less than six hundred five thousand colones.
Article 41.-Extradition: In extradition processes, a minimum fee of six hundred and five thousand colones will be charged.
Article 42.-Civil Action: The fees for the civil action are independent of those corresponding to the procedure of the criminal cause.
The Attorney of the civil actor will charge fees for this action in accordance with the General Rate, unless otherwise agreed. The fees will be paid in three equal parts as follows:
A) For his presentation.
B. For the holding of the preliminary hearing.
C. For the celebration of the oral trial.
Equal fees accrue to the attorney representing the civil defendant.
Article 43.-Complaint in offenses of private action. The minimum fees may not be less than three hundred and sixty three thousand colones. Unless otherwise agreed, the fees in the private action lawsuit shall be paid in the following manner:
A) Fifty percent (50%) For the filing of the complaint.
B) Another Fifty percent (50%) For the celebration of the oral trial.
C. In cases where the process is concluded by conciliation or retraction,
Must pay seventy-five percent (75%) of the corresponding fees.
D) In cases where the process ends by withdrawal, fifty percent (50%) must be paid of the corresponding fees, except those cases
That the withdrawal is attributable to the Lawyer.
Article 44.-Unforeseen Cases. In cases not foreseen in this chapter, the minimum fees may not be less than one hundred twenty-one thousand colones.
CHAPTER IX
Constitutional Law
Article 45.-Action of unconstitutionality. For The study, analysis, drafting and processing of the action of unconstitutionality, the minimum fees will be of three hundred and five hundred colones and their totality will be paid with the presentation of the action.
Article 46.-Appeal of Amparo. For The study, analysis, drafting and processing of the amparo resource, the professional will accrue minimum fees of one hundred eighty and one thousand five hundred colones and its totality shall be paid with the presentation of the action.
Article 47.-Writ of Habeas Corpus. For The study, analysis, drafting and processing of the writ of habeas corpus, the professional will accrue minimum fees of one hundred eighty and one thousand five hundred colones and their entirety shall be paid with the presentation of the action.
CHAPTER X
Family Law
Article 48.-Judicial Separation or divorce by mutual agreement: In Proceedings of judicial separation or divorce by mutual agreement, independently of the notary fees by the respective agreement, as stipulated In article 94 of this Regulation, the minimum fees will be one hundred and eighty one thousand five hundred colones for the corresponding judicial process and the formality of registration of the executor of the sentence in the Civil Registry and other registries if appropriate. The form of payment will be with the presentation. Payment of fees will be cancelled fifty percent (50%) With the presentation of the homologation and the other fifty percent (50%) With the verification of the registration of the executor in the corresponding records
Article 49.-Judicial Proceedings: In Proceedings of judicial separation or divorce, recognition of union in fact, but without dispute about profits, processes of filiation, of suspension of parental authority, of adoptions, the minimum fees will be of One hundred and eighty one thousand five hundred colones.
Payment of fees will be cancelled fifty percent (50%) With the presentation of the process and the other fifty percent (50%) With the sentence.
In Proceedings of judicial separation or divorce, recognition of the Union in fact with dispute over profits, the tariffs and procedural stages referred to in article 94 shall apply, without the amount being less than two hundred forty-two thousand colones.
In both cases the form of payment will be fifty percent with the filing and the other fifty percent with the final firm resolution.
Article 50.-Processes and iMotions for alimony. In the processes and incidents of alimony, the minimum fees will be one hundred and eighty one thousand five hundred colones that will be paid fifty percent (50%) With the presentation and the other fifty percent (50%) With the sentence.
Article 51.-Incidents without economic content and unforeseen cases: in the case of incidents without economic content or any other judicial proceedings or proceedings not mentioned in the preceding provisions, the minimum fees shall be one hundred Twenty-one thousand colones and will be paid the whole with the presentation.
CHAPTER XI
For Various Tasks
Article 52.-Exequatur: By exequatur procedures, the minimum fees shall be
Three hundred and two thousand five hundred colones.
Article 53.-Drafting of Minutes: For the drafting of minutes, the minimum fees may not be less than sixty thousand five hundred colones per one. In the case of records that have or could have a record effect, the minimum fees will be ninety thousand seven hundred and fifty colones. This fee does not imply the registration of such document for any effect, the amount of which shall be cancelled separately, under the terms set out in this Fee for notary services.
Article 54.-Extrajudicial Collections: In case of extrajudicial collections, the following minimum fees are fixed:
By the notice of collection to the debtor without economic result, thirty thousand two hundred and fifty colones.
Notice of collection to the debtor with positive economic result (5%) of the amount.
C) By the notice of collection of the debtor, with an economic result through a payment arrangement, ten percent (10%) of the total amount.
Article 55.-Promissory Note: For The preparation of a promissory note or a bill of exchange, the minimum fees may not be less than thirty thousand two hundred and fifty colones.
Article 56.-Garment: For the preparation of a garment, the cancellation of minimum fees will be thirty thousand two hundred and fifty colones. If It is made in public deed, the fees will be those provided in the General Rate of Notary work and must be paid fifty percent (50%) of that rate.
Article 57.-Private Contracts: The Drafting of private contracts accrue fifty percent (50%) Of the fees fixed in the General Rate of Attorneys ‘ fees with a minimum of sixty thousand five hundred colones.
Article 58.-Resident Agent: The resident agent of mercantile companies shall be entitled to a minimum annual fee of one hundred twenty One thousand colones per company.
Article 59.-Signature Authentication: All signature Authentication bearing a minimum fee of eighteen thousand one hundred and fifty colones.
Article 60.-By the management to obtain proofs of entrances and exits of the country the minimum fees for each document will be sixty thousand five hundred colones.
TITLE IV
General Provisions for notaries and notaries
CHAPTER I
Of the hiring of notaries and public notaries
Article 61.-Payment of fees and duty of information. The Public Notary must be paid their fees as provided in article 67 of this Tariff.
It Is The duty of the Notary (a) to warn and inform the user, on the amount of his/her fees from the beginning of the hiring of his services and prior to the completion of the requested act or contract.
Article 62.-Property of the fees. The fees correspond to the Notary (a) whose services have been requested by the user (a). It Is forbidden to the Notary (a) to share his or her fees with non-Notarial persons.
The fees may not be less than the percentages or minimum amounts set out in this Tariff.
Article 63.-Remuneration by payment of time. The hourly payment in notary services shall be made when the Act, contract or consultancy is not covered by this Tariff. An hourly payment will Also be made when the Notary (a) is required to carry out procedures or displacements of an extraordinary nature. The minimum payment per hour will be ninety thousand seven hundred and fifty colones.
Article 64.-Obligation to pay and interest for non-compliance. The user is obliged to cancel the fees in a timely manner. In the event of non-compliance, the Notary (a) shall have the right to receive interest for the delay of two per cent (2%) Monthly, calculated on the amount owed, from the time when it was incurred in arrears.
Article 65.-Unforeseen Cases. In cases not provided for in this Tariff, the minimum fees may not be less than one hundred and twenty-one thousand colones.
CHAPTER II
Of Notarial Transactions
Article 66.-Rectification of errors does not generate entitlement to fees. The Notary (a) shall be obliged (a) to correct defects, elaboration and processing of the main, additional or complementary reproductions and writings necessary to correct its own error, imprudence or negligence; The foregoing, without accruing additional fees.
Article 67.-Obligations in charge of the users. Users are obliged to pre-pay the full amount of fees, rights, stamps and taxes to be covered by the Act or contract requested to the Notary (a).
Likewise, it is up to the user or users to comply with the formalities that they are responsible for, such as the payment of taxes or services, supplies of plans, obtaining visas, permits, certificates and others.
Article 68.-Payment Liability. Unless otherwise agreed by parties or legal provision, professional fees, as well as their interests, the payment of rights, stamps and taxes corresponding to the act or contract shall be paid by equal shares between the parties concerned (as), except In the constitutions of mortgages and garments, as well as in their cancellations that will be for the account of the debtor (a).
These items may be calculated on a provisional and prudential basis, where the subject matter of the act or contract is subject to valuation.
Article 69.-Imputation of partial payments. If the payment of the items indicated in the preceding two articles is partial, the sum received shall be destined to satisfy, first of all, the professional fees. If any balance is left, you must submit the document to the office or appropriate person, paying the rights, stamps and taxes, as far as the surplus will be reached. In cases where the fees had not been paid and had been recorded in writing; No other Notary (a) may process the document until such fees are cancelled or any competent authority so orders.
Article 70.-Minimum Fees for the intended public instrument. In the acts provided for in this Tariff requiring the use of protocol, the minimum fees shall be sixty thousand five hundred colones.
Article 71.-Complex Acts or contracts. Complex acts or contracts will generate a surcharge of fifty percent (50%) of the respective rate, but in this case it shall have written agreement.
When the instrument contuvieres several operations, each of these shall be charged independently, as indicated in the decree for each.
Article 72.-Withdrawal of the act or contract. If the parties, the applicant or the interested party finally desists from the notarial action required but the corresponding document was already prepared for that time, the Notary (a) will be entitled to charge fifty percent (50%) Of the total fees to whom or who commissioned that work.
Article 73.-Work that is included in the notary’s fees: The notarial work referred to in this title is independent of any other that is the result of the same, which must be remunerated separately. Where The provision of a notary service comprises an extraordinary displacement of the Notary (a) outside the place where his notary’s office is located, he may establish prior agreement with the user (a), an additional payment to the Act or contract requested, Effect of rewarding the time spent on the corresponding transfers and per diems.
CHAPTER III
Notary Fees
Article 74.-General Rate for notarial work: For The legal acts or contracts authorized By the Notary (a), it will accrue fees according to their amount, real value or total estimate, with the minimum of sixty thousand five hundred colones, according to the rate indicated below, without prejudice to any other that are set out in this Tariff.
A) Up To eleven million colones, two percent (2%).
b) Over the excess of eleven million colones and up to sixteen million five hundred
Thousand colones, the one point five percent (1.5%).
c) Over the excess of sixteen million five hundred thousand colones and up to thirty three
Millions of colones, the one point twenty five percent (1.25%).
d) On the excess of Thirty-three million colones, one percent (1%).
Article 75.-Half of the General Rate. The General fixed percentage will be reduced by half, always with a minimum of sixty thousand five hundred colones in the following cases:
A. in the case of charitable or social interest acts or agreements determined by law.
B. Total or partial Cancellation of mortgage and pledge by any means.
C. Debtor Novation.
D. Replacement or extension of the guarantee, without capital increase.
E. Modification of liability of goods.
F. Cancellation or waiver of rental or subletting.
G. Cancellation of Resolute condition.
H. Mortgage in favor of the seller for the total or part of the price.
I. Waiver of earnings or recognition of marital contribution.
J. Modification of any of the conditions or stipulations of credits
K. Mortgages or pledges except the extension of the term you will pay according to
The General Rate.
K. Extension of time to exercise rights.
L. Credit prescribing Interruption.
M. Option to buy sale.
Article 76. A Quarter of the General Rate: fees will be twenty-five percent (25%) Of the General Rate, with a minimum of sixty thousand five hundred colones for each farm, according to their amount, real value or estimation; In the following cases:
A. Rectification of property characteristics for real estate.
B. Segregation lots in the same name as the owner
Article 77.-Miscellaneous Acts or contracts: they will Pay at least sixty thousand five hundred colones, the following formalities of acts or contracts:
A. Convention in alternative dispute resolution.
B. Recognition of children
C. Constitution waiver or cancellation of servitude and joint ownership.
Article 78.-Leases and subleases. If the leases and subleases of real estate are formalized in public deed, the fees according to the General Rate will be calculated on the value of the lease of one year, with a minimum of sixty thousand five hundred colones.
Article 79.-Procedures and/or complementary studies for the granting of a notary Act or contract. For procedures or complementary studies for the granting of a notarial act, such as the review of transfer of shares, the minimum fees will be two hundred forty-two thousand colones.
Article 80.-Condominium Property. By the affectation of property in condominium the fees will be those fixed in the General Rate on the real value of the mother farm, plus fifty percent (50%) By complexity, with a minimum of sixty thousand five hundred colones for each subsidiary farm and each communal zone and a minimum of one hundred and twenty One thousand colones by the preparation of the Regulation.
The modification of the writing of affectation or the reforms to the regulation of organization and operation of a condominium, will accrue equal fees that those included for the affectation and the regulation originally made in notarial document and Registered. Attendance at condominium assemblies will accrue minimum fees of one hundred and twenty One thousand colones. Any other condominium-related advice accrues fees according to the amount of professional time.
Article 81.-Protocolization of the appointment, recall or substitution of the administrator of Condominium. The Protocolization, recall or replacement of the condominium administrator shall accrue minimum fees of one hundred and twenty One thousand colones.
Article 82.-Transfer of vehicles, ships and aircraft. The Transfer of motor vehicles, ships and aircraft, whether registered or unregistered, shall accrue fees in accordance with the General Tariff, calculated on the higher value between the tax value and the actual value of such goods, but may never be Less than sixty thousand five hundred colones.
Article 83.-Various Procedures on vehicles, aircraft and boats. The Procedures for registration, disenrollment, modification of characteristics, change or exchange of engine, and other operations relating to vehicles, aircraft and boats in the Register of the Movable Property, the Aeronautical Registry and in the Captaincies of Port, will accrue fees according to the General Rate, with a minimum of sixty thousand five hundred colones.
Article 84.-Special Companies, registration of representatives of foreign companies and opening of branches. The incorporation of companies governed by special laws, such as the stock exchange, stock Exchange, investment fund management companies, securities centres, clearing and settlement companies, rating companies of Risk, subsidiary companies of Supplementary Pension fund, non-banking financial companies, private banks, insurance companies, companies of employment, companies of professional activities, companies Anonymous sports; As well as the registration of proxies appointed by foreign companies and the opening of branches, it would accrue minimum fees of three hundred and sixty three thousand colones.
Article 85.-The reservation of name and reserve of priority. The Reserve of name or of registration priority, will accrue minimum fees of sixty thousand five hundred colones.
Article 86.-Protocolization of location of undivided land. The allotment of a lot from a localized undivided right to property, shall accrue the notary fees established in the General Rate, with a minimum of sixty thousand five hundred colones for each lot.
Article 87.-Bonds or guarantees. Bails or guarantees as independent or specific acts, will accrue fees according to the General Fare. If It is a complementary act, it will pay twenty-five percent (25%) of the General Rate.
Article 88.-Material Division of properties. The Material Division of ownership between co-owners accrues fees according to the General Rate of notary According to the real value of the property, with a minimum of sixty thousand five hundred colones of fees for each lot.
Article 89.-Notarial Proceedings. The notarial acts, independently containing any reference of value or estimation concerning the act to which they refer, will accrue minimum fees of sixty thousand five hundred colones per minutes, if the work is carried out in the Notary. If the work is done outside the office, the minimum fees will be one hundred and twenty one thousand colones without prejudice to agree a higher rate by reason of the time spent, the place and other circumstances that warrant it, such as travel expenses.
Article 90.-Further Testimonies. The issuing of further testimonies would accrue a minimum fee of thirty thousand two hundred and fifty colones per each.
Article 91.-Certifications. The issuing of certifications will generate, minimum fees of eighteen thousand one hundred and fifty colones per certified seat. The fees for certifications are independent of the fees to be received by Lawyers in any processes or procedures where those will be submitted.
Article 92.-Signature Authentication. Notarized authentication of signatures in a document will accrue minimum fees of eighteen thousand one hundred and fifty colones per signature.
Article 93.0-Registration Studies. The Registration studies would accrue minimum fees of eighteen thousand one hundred and fifty colones for each study.
Article 94.-Marital Capitulations, family patrimony, civil marriage, agreements of separation judicial or of divorce by mutual consent. By the agreement of marriage capitulations, the General Rate will apply for notary’s fees, with a minimum of one hundred twenty-one thousand colones.
The celebration of the marriage would accrue minimum fees of one hundred twenty One thousand colones.
The Agreement of separation of The court or of divorce by mutual consent, without that they measure profits, will accrue minimum fees of one hundred twenty One thousand colones.
In the agreement of judicial separation or divorce by mutual agreement in which they measure profits, will apply fifty percent (50%) Of the General Rate, calculated on the real value of the goods, with a minimum of one hundred eighty and one thousand five hundred colones in respect of fees.
By the affectation to family patrimony, like a separate and independent Notarial Act, the minimum fees will be sixty thousand five hundred colones.
Article 95.-Legal Persons. The Constitution in public deed of associations, foundations, trade unions, civil or mercantile companies, cooperatives will accrue fees as well:
a) By its constitution, the minimum fees will be one hundred eighty and one thousand five hundred colones.
b) By the merger or transformation of legal persons, the fees shall be fixed by agreement of Parties, without in any case being less than one hundred and eighty one thousand five hundred colones
c) The increase in The capital of legal persons will accrue fees according to The agreement of THE parties, without being less than ninety thousand seven hundred and fifty colones.
d) The dissolution of legal persons will accrue fees according to The agreement of parties, without being less than ninety thousand seven hundred and fifty colones.
Other amendments to statutes, appointment of officials, renewal, resignation or substitution of officials, accrue a minimum of ninety thousand seven hundred and fifty colones.
Article 96.-Powers. The Constitution, enlargement, substitution, renewal, cancellation of powers, which are not part of another act or contract, will accrue minimum fees of ninety thousand seven hundred and fifty colones.
Article 97.-Testaments. For the preparation of open or closed wills, the minimum fees shall be one hundred and twenty One thousand colones.
Article 98.-Trust. The Constitution of a Notary’s seat trust shall accrue the fees established in the General Rate, calculated on the amount of the contract, with a minimum of one hundred and eighty and one thousand five hundred colones.
The transfer of goods in fiduciary property will accrue fees according to the General Rate, calculated on the greater value of the goods that result between the fiscal value or the real value, and with a minimum of sixty thousand five hundred colones.
The return of assets in trust accrue fees of fifty percent (50%) Of the General Rate, with a minimum of sixty thousand five hundred colones.
Article 99.-Reason of certain date. The certain date of any document accrues as minimum fees sixty thousand five hundred colones.
Article 100.-Withdrawal without registration. The unregistered withdrawal of any document will accrue minimum fees of sixty thousand five hundred colones.
CHAPTER IV
Article 101.-Bar Association Stamp Duty Rate in public instruments. In the public instruments the stamp of the Bar Association shall be paid in accordance with the amount of the act or contract as follows:
a) Up To two hundred and fifty thousand colones will be exempt.
b) A Thousand cólones when the amount is greater than two hundred and fifty thousand colones and not in excess of a million colones.
c) Two thousand colones when the amount is greater than one million colones and does not exceed Five million colones.
(d) Five thousand colones when the amount is greater than five million colones and does not
exceed 25 million colones.
(e)Ten thousand colones when the amount is greater than 25 million colones and does not exceed fifty million colones.
f) Fifteen thousand colones when the amount is fifty million colones to a hundred
Millions of colones.
g) Twenty-five thousand colones when the amount is one hundred million colones to
Five hundred million colones.
h) Fifty thousand colones when the amount is five hundred million colones or more.
(i) in Additional instruments which do not increase the amount shall be exempted, as well as All those declared by law exempt from stamps.
j) If The document has several operations, the stamp will be assessed on the sum of Each of them, but if they were matters that cannot be estimated then, they shall pay two hundred Fifty ring colones for each act.
k) The stamp duty shall be paid in the first testimony or certification; If several Testimonials will be added to any of them and in the others will be indicated in which testimony was paid; But if a playback is not issued, the doorstamp will be cancelled at the margin of the matrix.
L) in the Case of the transfer of furniture or immovable property, the amount shall be established in accordance with the highest value resulting from the tax value and the one declared by the parties.
m) Any notarized certification shall pay two hundred and fifty colones.
TITLE V
Bar Association Stamp
CHAPTER I
General Rules
Article 102.-Nature and purposes of the stamp of the Bar Association. In accordance with Law No. 3245 of December 3, 1963, the stamp of the Bar Association is a contribution of the professional fees.
These compulsory contribution of those professionals in favor of the Bar Association for its support and to contribute to the pension fund and retirements fund of its members and the other purposes assigned by law
Article 103.-Scope of application of the stamp duty. The stamp of the Bar Association shall be paid on all judicial proceedings, except those relating to labor, family and penal matters. The stamp must also be paid in the authentications of signatures of private documents and certificates, as well as in all notarial public instruments relating to acts or contracts, susceptible or not of registration in the registrar. Any Public certifications issued by public Notaries.
Article 104.-Proof of payment. The payment of the stamp will be shown by adhering the bank receipt voucher or the stamp in the documents in which the professional work materializes.
Article 105.-Cancellation of the stamp or the whole of payment. The Attorney must pay and cancel the stamp duty in any document or instrument cancellation and shall be made by the signature or seal of the Attorney or Notary. The Public office responsible for processing the documents will also be able to do so, applying their own stamps.
Article 106.-Non-payment of the stamp. If the stamp is not paid in whole or in part, it shall be in accordance with articles 4 and 7 of Law No 3245 of December 3, 1963 and its reforms.
CHAPTER II
The Bar Association Stamp Rate
Article 107.- Stamp Rate in authentications. In signed authentications on private documents and pledge certificates, the stamp will be paid at the rate of two hundred and seventy-five colones for each authenticated signature.
Article 108.-In procedures. In the initial filing or complaint and in the case of the answer to a complain, in civil, commercial and contentious administrative proceedings, the stamp shall be paid in accordance with its amount and the following scale:
(a) Legal proceedings with estimation up to two hundred fifty thousand colones will be exempt.
b) Legal proceedings from 250,000 colones to 1,000,000 colones pay one hundred colones in the initial pleading.
(c) Processes with estimation of one million colones and not exceeding five million colones, two thousand colones in the initial writing.
(d) Processes with an estimation of five million colones and no more than 25 million colones, pay 5,500 colones in the initial writing.
e) Processes with an estimation of 25 million colones and no more than fifty million colones, pay 11,000 colones.
(f) Processes with estimation of fifty million colones to 100 million colones, pay 16,000 Colones.
(g) Processes with estimation of 100 million colones to five hundred million colones pay 27,000 colones.
(h) Processes with estimation of five hundred million colones and up pay 55,000 colones.
Legal proceedings which cannot be estimated, except those relating to the Family Code, Labour Code and Penal Code, shall pay 12,000 Colones in the initial writing.
Article 109.-Stamp Rate in public instruments. In the public instruments the stamp of the Bar Association shall be paid in accordance with the amount of the act or contract as follows:
Up To two hundred and fifty thousand colones will be exempt.
b) 1,100 Colones if above 250,000 value
(c) 2,000 Colones when the amount is greater than one million colones and does not exceed five million colones.
(d) 5,000 colones when the amount is greater than five million and does not exceed 25 million colones.
(e) 11,000 colones when the amount is greater than 25 million colones and does not exceed fifty million colones.
f) 16,500 colones when the amount is fifty million Colones to a hundred million colones.
g) 27,500 colones when the amount is one hundred million colones To five hundred million colones.
h) 55,000 colones when the amount is five hundred million Colones and above.
Additional instruments which do not increase the amount shall be exempted, as well as All those declared by law exempt from stamps.
j) If The document contains several operations, the stamp will be assessed on the sum of each of them, but if they cannot be valued then they must pay one two hundred seventy five colones.
k) The Stamp shall be paid in the first testimony or certification; If several testimonies are given, it shall be added to any of them and the others shall indicate in which testimony was paid.
L) in the Case of the transfer of real estate or immovable property, the amount shall be established in accordance with the highest value resulting from the actual value and the tax value declared by the parties.
m) Any notarized certification shall pay two hundred and seventy-five colones.
Article 110.-Instruments with various operations. When the instrument contains several operations, the amounts of each of them will be added and the stamp will be calculated on the added amount.
Article 111.-Notarial Certifications. In notarial Certifications, the stamp rate will be two hundred and seventy five colones.
TITLE VI SINGLE CHAPTER final Provisions
Article 112.-Penalties for infringement of the rules of this Tariff. and Fee Schedule The violation of the provisions of this Tariff by the Lawyers shall be punished by the Board of Directors of the Bar Association in accordance with the pertinent provisions of the Code of Duties, Legal, Moral and Ethical of the Professionals in Law and, In the case of a Notary, in accordance with provisions of the Notarial Code.
Article 113.-Indexing. The fees set out in this Tariff shall be increased every two years, in accordance with the inflation rates indicated in the Consumer Price Index (IPC) in force for that period, but the increase may not exceed ten per cent (10%).
Each February first, when appropriate, the Financial Directorate of the Bar Association will inform the Board of the amount of the updated percentage in which the Tariff is increased for publication in the Official Journal La Gaceta and its disclosure to the Members in the medium that it deems appropriate.
Article 114.-Repeal. We hereby repeal the Executive Decree No 39078-JP published in the Official Newspaper The Gazette n ° 157 of the thirteen of August of two thousand fifteen.
Article 115.-This decree is valid from the date publication in the Official journal The Gazette.
Given in the Presidency of the Republic, seventeen days in the month of October of two thousand eighteen.
