Notary Fee Tariff of the Federation of Bosnia and Herzegovina

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Note: this is an unofficial translation of the Tariff on the fees and cost reimbursement of notaries of the Federation of Bosnia and Herzegovina. In the event of any discrepancy, the Bosnian text published in the "Official Gazette of the Federation of BiH", No. 40/21, is authoritative.

The Notary Fee Tariff of the Federation of Bosnia and Herzegovina is the regulation that determines the fees and the reimbursement of costs of notaries in the Federation of Bosnia and Herzegovina. It was published in the "Official Gazette of the Federation of BiH", No. 40/21 of and entered into force on the eighth day following publication. The notary's fee is determined according to the value of the legal transaction (tariff item 1), according to the time spent, or in a fixed amount, and the costs incurred and value added tax are charged on top of the fee. The amounts are mandatory: agreeing a fee lower or higher than the prescribed one is null and void.

Key facts about the Notary Fee Tariff FBiH
  • Regulation: Tariff on the fees and cost reimbursement of notaries of the Federation of BiH, general part (12 articles) and special part (28 tariff items)
  • Publication: "Official Gazette of the Federation of BiH", No. 40/21 of 21 May 2021; in force from the eighth day after publication, replacing the 2013 tariff (57/13)
  • Adopted by: the Federal Ministry of Justice, on the proposal of the Notary Chamber of the FBiH, under Article 127, paragraph 2 of the Law on Notaries of the FBiH
  • Three bases of calculation: the value of the subject of the legal transaction, the time spent (50 BAM per commenced hour, tariff item 21), or a fixed amount (Article 3)
  • Notarial processing of contracts: from 100 BAM for a value up to 2,500 BAM to 320 BAM for a value up to 100,000 BAM, plus 30 BAM for each commenced further 100,000 BAM, capped at 1,800 BAM (tariff item 1)
  • Authentications: signature of a natural person 4 BAM, signature of a representative of a legal person and signature on a bilateral transaction 5 BAM, photocopy or transcript of up to two pages 4 BAM (tariff item 15 and 13)
  • Fixed amounts: power of attorney for property transactions 30 BAM, will 120 BAM, contract of lifetime support 200 BAM, marital agreement 300 BAM where the value of the property does not exceed 50,000 BAM, founding act of a company 150 BAM
  • Mandatory application: agreeing a fee higher or lower than the tariff is prohibited, such an agreement is null and void and constitutes a breach of the notary's official duty (Article 5)
  • VAT and costs: the amounts in the Tariff are exclusive of VAT; the notary must also charge the costs incurred and value added tax (Article 4, paragraph 2)
  • Dispute over the calculation: resolved amicably before the competent body of the Notary Chamber of the FBiH (Article 11)
  • Full text prepared and published by: Law Office Prnjavorac, Tuzla (advokat-prnjavorac.com), together with the PDF version of the Tariff

(Official Gazette of the Federation of BiH, No. 40/21 of 21 May 2021)

Pursuant to the provisions of Article 127, paragraph 2 of the Law on Notaries ("Official Gazette of the Federation of BiH", No. 45/02), and on the proposal of the Notary Chamber of the Federation of Bosnia and Herzegovina, the Federal Ministry of Justice has adopted the following Tariff on the fees and cost reimbursement of notaries of the Federation of BiH.

A. GENERAL PROVISIONS

Article 1 (Subject of the Tariff)

This Tariff on the fees and cost reimbursement of notaries (hereinafter: the Tariff) prescribes the manner of valuing notarial services and the calculation of the fee for the work of a notary and of the reimbursement of the notary's costs in connection with the work performed. Services prescribed by the Law on Notaries are valued under this Tariff.

Article 2 (Notarial fee and cost reimbursement)

(1) A notary is entitled to, and is obliged to calculate, a fee for the work performed and the reimbursement of costs incurred in connection with that work, in the amount and in the manner regulated by this Tariff.

(2) The fee for a notarial service under the preceding paragraph covers the preparatory work connected with the notarial service (consultations with the client and other participants, drafting, reading and explaining the notarial document), as well as other services and reimbursements in accordance with this Tariff.

Article 3 (Bases for determining the fee)

Fees for notarial services under this Tariff are determined:

- according to the value of the subject of the legal transaction or other official act,

- according to the time spent preparing and performing a particular official act,

- in a fixed amount, irrespective of the value or of the time required to undertake a particular official act.

Article 4 (Determining the fee and the cost reimbursement)

(1) The value of the subject matter and the fee for a notarial service, expressed in convertible marks (hereinafter: BAM), are set out in the special part of the Tariff, which forms an integral part of it.

(2) In addition to the fee for the work performed, the notary is obliged to charge the client the costs incurred in accordance with the provisions of this Tariff, as well as the prescribed value added tax.

Article 5 (Mandatory application of the Tariff and nullity of agreements)

(1) A notary is obliged to apply this Tariff in every individual case.

(2) It is prohibited to agree a fee for work performed or a cost reimbursement in amounts higher or lower than those prescribed by this Tariff.

(3) An agreement on the amount of the fee concluded by a notary, and a calculation of the fee and cost reimbursement contrary to the provisions of this Tariff, are null and void, and the notary commits a breach of official duty under Article 120, paragraph 1, item 3 of the Law on Notaries.

Article 6 (Invalid and unusable documents)

No fee is payable for a notarial document found to be invalid because of a defect in form or through the fault of the notary, or for copies, certificates and authentications that are unusable because of formal defects for which the notary is responsible, and the notary is obliged to return any fee already paid.

Article 7 (Obligation to pay the fee and the cost reimbursement)

Where several parties participated in concluding a legal transaction before a notary, or where the notary performed one act for several parties, all those parties are jointly and severally liable to the notary for the fee and the cost reimbursement, unless the parties agree otherwise.

Article 8 (Payment of the fee, the cost reimbursement and the advance)

(1) A notary is entitled to the fee immediately after the work has been performed.

(2) The party liable for payment of a notarial service must pay the notary for the service under the Tariff in force at the time the notary performed the work.

(3) A notary may require the party, when ordering the service, to pay an appropriate advance for the necessary outlays and costs, and for the fee in an amount of up to 50% of the expected fee.

(4) If the advance is not paid immediately or within the time limit set by the notary, the notary is obliged to perform the work only after the advance has been received.

Article 9 (Obligation to pay the costs of witnesses and the costs and fee of a court interpreter or expert)

Participants in a notarial service are obliged, in addition to the notarial fee and cost reimbursement, to pay the costs of a witness and of a court interpreter, as well as the fee due to the court interpreter or expert, where they take part in the notarial service.

Article 10 (Handover of documentation and statement of account)

(1) A notary is authorised and obliged to hand over to the party or to other participants the notarial document, that is, the certified copies and transcripts, certificates, authentications and other documents intended for the parties and participants, only after the costs, outlays and fees have been paid in full.

(2) A notary is obliged to issue the party an itemised receipt or invoice for the fee and cost reimbursement paid, in accordance with the regulations.

Article 11 (Amicable settlement of a dispute)

If a party considers that the notary has not calculated the fee correctly under this Tariff, that party or the notary may request that the dispute be resolved amicably by the competent body of the Notary Chamber.

Article 12 (Entry into force)

(1) This Tariff on the fees and cost reimbursement of notaries enters into force on the eighth day following its publication in the "Official Gazette of the Federation of BiH".

(2) Upon the entry into force of this Tariff, the Tariff on the fees and cost reimbursement of notaries ("Official Gazette of the Federation of BiH", No. 57/13) ceases to apply.

B. SPECIAL PROVISIONS

1. NOTARIALLY PROCESSED DOCUMENTS

Tariff item 1 (Determining the fee according to the value of the subject matter)

(1) For the processing of notarial documents and for the performance of other notarial services where the value of the subject matter is known or can be determined, the fee is determined according to the value of the subject matter to which the service relates, unless otherwise provided by this Tariff. The relevant time for determining the value is the time of the notarial processing of the document, that is, the time of undertaking the other notarial service.

(2) The basis for determining the fee is the actual market value of the item that is the subject of the notarial document, without deduction of debts.

(3) Where the subject of the legal transaction is a claim, only the principal claim is taken into account, without ancillary claims such as interest, contractual penalty, procedural costs and the like.

(4) Exceptionally, the notary shall determine the market value as the basis for calculating the Tariff, irrespective of the value stated by the party or other participants as the value of the legal transaction, if the value so stated does not correspond to the market value. In doing so the notary must take into account the value the item achieves in ordinary legal commerce, having regard to the characteristics of the item and to officially known or obtained facts such as valuations by the competent tax authority for that or similar items in that area, data from other administrative bodies, prices achieved for similar items at public auction and the like.

(5) Where the subject of the legal transaction is securities listed on a stock exchange, the basis for determining the fee is calculated at the stock exchange rate applicable on the day before the legal transaction was concluded.

(6) For drawing up a notarially processed document, unless otherwise prescribed in other tariff items, the notary is obliged to calculate a fee:

1) which, having regard to the value of the subject of the legal transaction or other official act, amounts to:

Tariff item 1: notary's fee according to the value of the subject of the legal transaction (in BAM, excluding VAT)
ABOVE BAM UP TO BAM FEE IN BAM
0 2500 100
2501 5000 130
5001 10 000 170
10 001 20 000 220
20 001 50 000 270
50 001 75 000 300
75 001 100 000 320

2) Where the value of the subject of the legal transaction or other official act exceeds 100,000 BAM, the notary is obliged, in addition to the fee of 320 BAM, to calculate an additional fee of 30 BAM for each commenced 100,000 BAM of the part by which the value of the subject of the official act exceeds 100,000 BAM, but in an amount not exceeding 1,800 BAM.

(7) The fee under paragraph (6) of this tariff item also covers the fee for authenticating the notarial deed drawn up, the authentication of signatures, transcripts and photocopies of documents, and the issuance of certified copies and transcripts where these are issued immediately upon the drawing up of the notarial deed.

(8) The provisions of paragraph (6) of this tariff item, unless otherwise prescribed, apply mutatis mutandis to the calculation of the fee and cost reimbursement for official acts tariffed in other provisions of this Tariff.

Tariff item 2 (Future performances and lease agreements)

(1) For the notarial processing of a document whose subject is a right to recurring future performances, the notary's fee is assessed according to the value of all performances for the entire contractual period, but at most up to the amount corresponding to the sum of the value of those performances over a period of five years. The notary is obliged to calculate the fee on the basis so indicated under tariff item 1.

(2) For a notarially processed document of a lease or sublease of business premises, the fee is determined according to the value of the rent for the agreed period, but at most for a period of three years, and for lease or sublease agreements relating to residential premises, garages and the like, for a period of at most one year. The notary is obliged to calculate the fee on the basis so indicated under tariff item 1.

Tariff item 3 (Preliminary agreements, annexes, agreed terminations or revocations of legal transactions and other specific legal transactions)

(1) For the notarial processing of an agreement on the purchase of an apartment subject to a tenancy right, the notary is obliged to calculate 50% of the fee under tariff item 1, but not more than 200 BAM.

(2) For the notarial processing of all types of preliminary agreements, the notary is obliged to calculate 50% of the fee under tariff item 1, but not more than 300 BAM.

(3) For the notarial processing of an annex, the notary is obliged to calculate 50% of the fee under tariff item 1, or under another tariff item for the particular legal transaction to which the annex relates, but not more than 250 BAM.

(4) For the notarial processing of an agreed termination or revocation of a legal transaction, the notary is obliged to calculate 50% of the fee under tariff item 1, or under another tariff item for the particular legal transaction to which the termination or revocation relates, but not less than 30 BAM and not more than 250 BAM.

Tariff item 4 (Power of attorney and other unilateral declarations of intent)

(1) For the notarial processing of a power of attorney for the sale or pledging of real property, the notary is obliged to calculate a fee of 30 BAM per grantor of such power of attorney.

(2) For the notarial processing of all types of powers of attorney and other unilateral declarations of intent that are not specifically tariffed in other tariff items of this Tariff, the notary is obliged to calculate a fee of 20 BAM per grantor of such power of attorney or declaration.

Tariff item 5 (Partition agreement)

(1) For the notarial processing of a partition agreement, the notary is obliged to calculate a fee of 250 BAM, if the value of the subject matter does not exceed 50,000 BAM.

(2) If the value of the subject of the partition agreement exceeds 50,000 BAM, the notary is obliged to calculate the fee under tariff item 1.

(3) The provisions of paragraphs (1) and (2) of this tariff item apply mutatis mutandis to the calculation of the fee for the notarial processing of an agreement on the division of marital property and of other similar legal transactions.

(4) As the basis for determining the fee for the notarial processing of the legal transactions under paragraphs (1) to (3) of this tariff item, the value of the entire property that is the subject of the partition transaction is mandatorily taken.

Tariff item 6 (Exchange agreement)

(1) For the notarial processing of an exchange agreement, the notary is obliged to calculate a fee of 250 BAM, if the value of the subject matter does not exceed 50,000 BAM.

(2) If the value of the subject of the exchange agreement exceeds 50,000 BAM, the notary is obliged to calculate the fee under tariff item 1.

(3) As the basis for determining the fee for the notarial processing of an exchange agreement, the value of the entire property that is the subject of that agreement is mandatorily taken.

Tariff item 7 (Mortgage agreement and pledge declaration)

(1) For the notarial processing of an agreement establishing a mortgage or of a pledge declaration, the notary is obliged to calculate the fee under tariff item 1.

(2) Where the mortgage is agreed as part of another legal transaction, or alongside another legal transaction within one and the same notarially processed document, the notary is obliged to calculate 50% of the fee under tariff item 1.

(3) As the basis for determining the fee for a legal transaction establishing a mortgage, the amount of the claim being secured is mandatorily taken (the amount of the loan, the amount of the credit and so on), without ancillary claims such as interest, procedural costs and the like.

(4) The provisions of paragraphs (1) to (3) of this tariff item, as well as other provisions of this Tariff, apply mutatis mutandis to the calculation of the fee for a notarially processed document whose subject is a land charge.

Tariff item 8 (Servitudes and real burdens)

(1) For the notarial processing of independent legal transactions establishing real and personal servitudes and real burdens (where the establishment of the servitude or real burden is not part of another legal transaction), the notary is obliged to calculate a fee of 180 BAM.

(2) Where the establishment of a servitude or real burden is part of another legal transaction, or alongside another legal transaction in one and the same notarially processed document, the notary must, in addition to the fee for that transaction, calculate a fee of 25 BAM for each servitude or each real burden.

Tariff item 9 (Marital agreements and family law transactions)

(1) For the notarial processing of a marital agreement, the notary is obliged to calculate a fee of 300 BAM, if the value of the property that is the subject of the marital agreement does not exceed 50,000 BAM or if the value of the property cannot be determined.

(2) If the value of the subject of the marital agreement exceeds 50,000 BAM, the notary is obliged to calculate the fee under tariff item 1.

(3) As the basis for calculating the fee for the notarial processing of a marital agreement, the value of the property of both contracting parties that is the subject of that agreement is mandatorily taken.

(4) For the notarial processing of a declaration acknowledging maternity or paternity, and of the mother's consent to the acknowledgement of paternity, the notary is obliged to calculate a fee of 50 BAM.

(5) For the notarial processing of an agreement between parents on the amount or increase of a child maintenance contribution, or for the notarial processing of such an agreement between other persons entitled to maintenance, the notary is obliged to calculate the fee according to the value of one year's maintenance contribution. The fee is calculated under tariff item 1, but not more than 200 BAM.

Tariff item 10 (Inheritance law transactions)

(1) For the notarial processing of a will or of a document on a legally permitted inheritance agreement (an agreement on mutual inheritance between spouses), the notary is obliged to calculate a fee of 120 BAM.

(2) For the notarial processing of a contract of lifetime support, or of a contract (agreement) on the transfer and distribution of property during one's lifetime, the notary is obliged to calculate a fee of 200 BAM.

(3) For the notarial processing of an agreement between an ancestor and a descendant on the renunciation of an inheritance that has not been opened, the notary is obliged to calculate a fee of 100 BAM.

(4) For the notarial processing of an heir's declaration, the notary is obliged to calculate a fee of 15 BAM per grantor of the heir's declaration.

(5) For the notarial processing of a power of attorney for representation in probate proceedings which contains an heir's declaration, the notary is obliged to calculate a fee of 30 BAM per grantor of the power of attorney.

Tariff item 11 (Commercial contracts)

(1) For the notarial processing of commercial contracts, the notary is obliged to calculate a fee of 200 BAM, if the value of the subject of the contract does not exceed 50,000 BAM or if the value cannot be determined, or where the value of the subject of the contract is not specified.

(2) If the value of the subject of the legal transactions under paragraph (1) of this tariff item exceeds 50,000 BAM, the notary is obliged to calculate the fee under tariff item 1.

Tariff item 12 (Notarial services relating to companies, institutions, cooperatives and other legal persons)

(1) For the notarial processing of founding acts and articles of association of companies, the notary is obliged to calculate a fee of 150 BAM.

(2) The notary is obliged to calculate a fee in accordance with paragraph (1) of this tariff item also for the notarial processing of a document renaming the founding act because of a decrease or increase in the number of founders or for other reasons.

(3) For a notarial document whose subject is the determination or confirmation of a company's articles of association, the notary is obliged to calculate a fee of 150 BAM.

(4) For each notarially processed document in the procedure of status changes of a company (division, acquisition or merger), the fee is determined at 100 BAM per document.

(5) For the notarial processing of a document changing membership shares, that is, decreasing or increasing the share capital, and for the notarial processing of a document on the withdrawal or accession of a company member (transfer of a share), the notary is obliged to calculate a fee of 150 BAM.

(6) For the notarial processing of amendments to founding acts, including decisions amending other data relevant to legal transactions (change of registered office, change of company name, change and alignment of activities and the like), other than the transactions or documents under paragraph (5) of this tariff item on the basis of which the founding act is amended, the notary is obliged to calculate a single fee of 100 BAM.

(7) For a notarial document whose subject is an amendment of the articles of association, including decisions amending other data relevant to legal transactions (change of registered office, change of company name, change and alignment of activities and the like), other than the transactions under paragraph (5) of this tariff item on the basis of which the articles of association are amended, the notary is obliged to calculate a single fee of 100 BAM.

(8) For a notarial document whose subject is the appointment and dismissal of a director or another member of the management, of members of the supervisory board, or other changes of data relevant to legal transactions that do not require an amendment of the founding act or of the articles of association, the notary is obliged to calculate a fee of 75 BAM.

(9) For drawing up a notarial document on the establishment of a branch or on the amendment of such an act, the notary is obliged to calculate a fee of 75 BAM.

(10) For the notary's attendance at a general meeting or at a session of another company body, at which the notary is present for the purpose of adopting the documents under paragraphs (1) to (9) of this tariff item, the notary is obliged to calculate, in addition to the fee under paragraphs (1) to (9) of this tariff item, an additional fee which includes the drawing up of the minutes, of 200 BAM for attendance at sessions of all company bodies other than the general meeting of a joint stock company, and 300 BAM for attendance at a general meeting of a joint stock company. If the notary attends a session of a company body outside the notary's office, the notary must calculate an additional fee of 50 BAM.

(11) The provisions of paragraphs (1) to (10) of this tariff item apply mutatis mutandis to notarial deeds and other official acts relating to other legal persons.

2. CERTIFICATES AND AUTHENTICATIONS

Tariff item 13 (Authentication of photocopies or transcripts)

(1) For the authentication of one photocopy or transcript of a document of up to two pages, the notary is obliged to calculate a fee of 4 BAM, which fee also covers the reimbursement of office costs relating to the preparation and authentication of the transcript.

(2) Where a document consists of three or more pages, in addition to the fee under paragraph (1) of this tariff item the notary is obliged to calculate an additional fee of 0.50 BAM per page for the third and each further page of the authenticated photocopy or transcript, which fee also covers the reimbursement of office costs relating to the preparation and authentication of the transcript.

Tariff item 14 (Authentication of extracts from business books)

The authentication of extracts from commercial and business books of up to five pages is charged at 5 BAM, and each additional page is charged at 0.50 BAM per page.

Tariff item 15 (Authentication of signatures)

(1) Unless otherwise provided by this Tariff, for the authentication of one signature or mark of one natural person on one copy of a document, the notary is obliged to calculate a fee of 4 BAM.

(2) For the authentication of one signature or mark of a representative of a legal person or of a holder of an independent activity on one copy of any document, the notary is obliged to calculate a fee of 5 BAM.

(3) For the authentication of one signature or mark of one natural person on one copy of: a document on a bilateral legal transaction (contracts, agreements and so on), a document on a promissory note declaration, a document on a deletion consent, documents required for registering the establishment of legal persons in a court or other public register and for registering corresponding changes of data in those registers, and the like, the notary is obliged to calculate a fee of 5 BAM.

(4) The fee under paragraphs (1), (2) and (3) of this tariff item also covers the fee for the participation of witnesses and interpreters, the fee for the reading of the document by the notary where the party is blind or illiterate, and the reimbursement of office costs for the authentication of the signature on the document.

Tariff item 16 (Certificate of the time at which a document was presented)

For a certificate of the time at which a document was presented to the notary, a fee of 5 BAM shall be determined.

Tariff item 17 (Certificate that a person is alive)

For a certificate that a person is alive, a fee of 10 BAM shall be determined.

Tariff item 18 (Certificates of facts from a public register and issuance of extracts from public registers by electronic means in accordance with the regulations)

(1) For issuing a certificate of facts from public registers, the notary is obliged to calculate a fee of 10 BAM, where the notary issues that certificate on the basis of an inspection of an authenticated extract from the public register presented by the party.

(2) For the acts under paragraph (1) of this tariff item, in addition to the fee under that paragraph the notary is entitled to a supplementary fee, which the notary is obliged to calculate according to the time spent, where the certificate is issued on the basis of a previously carried out physical inspection of the register. This supplementary fee covers travel time and the time required to collect the data.

(3) For issuing an extract from a public register which the notary issues by electronic means in accordance with the regulations, the notary is obliged to calculate a fee of 8 BAM per extract. This fee does not cover court and administrative fees, or other charges the notary must pay in connection with electronic communication with public registers.

(4) If an extract issued by the notary in accordance with paragraph (3) of this tariff item contains more than two pages, in addition to the fee under paragraph (3) of this tariff item the notary is obliged to calculate an additional fee of 1 BAM for the third and each subsequent page of the extract.

Tariff item 19 (Certificate of other facts)

(1) For certifying other facts, including the drawing up of minutes, the notary is obliged to calculate a fee of 75 BAM, increased for the time of the notary's presence beyond two hours, namely by 25 BAM for each commenced third and further hour.

(2) Where the service under paragraph (1) of this tariff item is performed outside the notary's office, the notary is obliged, in addition to the fee under paragraph (1) of this tariff item, to calculate an additional fee of 10 BAM for each commenced hour of absence from the notary's office.

3. DEPOSIT

Tariff item 20 (Receipt, custody and delivery of money, securities, valuables and documents)

(1) For the receipt, custody and delivery of cash, including money paid into the notary's trust account for other persons, and of securities, including the drawing up of a document thereon, in accordance with the Law on Notaries, the notary is obliged to calculate a fee of 0.5% of the value, provided that the amount of that fee may not be less than 100 BAM or more than 600 BAM.

(2) The fee is payable for each year in advance, and a commenced year counts as a full year.

(3) If the value of the items under paragraph (1) of this tariff item cannot be assessed by their nature, an expert appraisal shall be carried out at the depositor's expense.

(4) For taking documents into custody and drawing up notarial minutes on the receipt of a document, the notary must calculate a fee of 200 BAM per document, irrespective of the period of custody. That fee covers all acts the notary may undertake in connection with the custody and delivery of the document.

4. FEES BASED ON TIME SPENT

Tariff item 21 (Fees determined according to the time spent)

(1) Where the fee for a notarial service performed cannot be determined in any way according to the value of the subject matter (there is no value) and is not determined as a fixed amount, it shall be determined according to the time spent.

(2) In determining the time required for an individual notarial service, in addition to the time required to draw up the notarial document or to perform the other notarial service, account is also taken of the time the notary spent consulting with the party and other participants, the time for the notary's other preparatory work, and the time of absence from the office where the service is performed outside the notary's office.

(3) Unless otherwise provided by this Tariff, the notary is obliged to calculate the fee according to the time spent at 50 BAM for each commenced hour of work.

5. OTHER FEES IN A FIXED AMOUNT

Tariff item 22 (Land registry motions and preparation of applications for entry in the register of business entities)

Fees in a fixed amount, in addition to those prescribed in other tariff items of this Tariff, the notary is obliged to calculate also for the following notarial services:

1) The fee for drawing up a land registry motion amounts to:

- for drawing up a motion for a provisional entry or annotation, 20 BAM,

- for drawing up a motion for registration, 30 BAM.

2) The fee for drawing up an application to the court register for the registration of the establishment of companies in the register of business entities, and for the registration of changes of data relevant to legal transactions, amounts to 30 BAM.

Tariff item 23 (Issuance of repeated certified copies and authenticated transcripts of a notarial document, of a certified copy for the purpose of enforcement, and other services)

Fees in a fixed amount, in addition to those prescribed in other tariff items of this Tariff, the notary is obliged to calculate also for the following notarial services:

1) for issuing a repeated certified copy and an authenticated transcript of a notarial document, 20 BAM per repeated certified copy or authenticated transcript.

2) for permission to inspect the original of one notarial document, 10 BAM.

3) for issuing a certificate of the existence of the original of one notarial document, 20 BAM.

4) for issuing a certified copy of the original for the purpose of enforcement, 50 BAM.

6. OTHER SERVICES (DRAFTS, ADVICE, REGISTRATION REQUESTS AND OTHER SERVICES)

Tariff item 24 (Unfinished work and the giving of advice)

(1) If, at the party's request, the notary prepares a draft of a document and that draft is not converted into a notarial document, the notary is entitled to 50% of the basic fee (without additional fees) provided for the notarial processing.

(2) If, after an agreement on the preparation of a notarial document, the party withdraws and the notary has prepared the text or draft of the document which, because of the party's withdrawal, is not converted into a notarial document, the notary is entitled to a basic fee (without additional fees) of 50% of the fee provided for the notarial document.

(3) The notary is not entitled to a fee for advice given in preparation for or in connection with the main service for which the notary charges a fee.

(4) The notary is entitled to a fee for advice given at the request of the parties in all other cases outside paragraph (3) of this tariff item, in an amount of up to 200 BAM, depending on the value of the subject matter to which the advice relates, the time spent and the place, and the manner in which the advisory act is undertaken (oral or written advice).

(5) If within one year the notary carries out the processing of a document on the basis of a draft prepared by the notary under paragraphs (1) and (2) of this tariff item, or if on the basis of advice under paragraph (4) of this article the notary carries out the notarial processing of a document, the fee paid for the preparation of the draft or for the advice is credited (deducted) against the fee for the notarial processing of the document.

Tariff item 25 (Filing a request or application for entry in a public register)

(1) For filing a request or application by physical access to a public register, where such filing is undertaken by the notary on the basis of the party's authorisation for the purpose of implementing the legal transaction from the notarial document the notary has drawn up, the notary is obliged to calculate a fee of 30 BAM.

(2) For filing a request or application to a public register by electronic means, where the notary undertakes this in accordance with the regulations on the basis of the party's authorisation, or where this is prescribed for the purpose of implementing the legal transaction from the notarial document the notary has drawn up, the notary is obliged to calculate a fee of 10 BAM.

(3) The fee under paragraphs (1) and (2) of this tariff item does not cover travel costs, court and administrative fees, or other charges the notary must pay in connection with electronic and other communication with public registers.

Tariff item 26 (Notarial services not described in the special part of this Tariff)

Notarial services not described in the special part of this Tariff are valued by comparison with similar services whose value is assessed in the special part of the Tariff. In the valuation, account is taken of the tariff items for similar acts and of the time spent, as well as of the provisions of the general part of the Tariff.

7. ADDITIONAL FEES AND EXCEPTIONS FROM THE FULL APPLICATION OF THE TARIFF

Tariff item 27 (Increase of the fee)

(1) For a service which the notary, at the party's request, performs outside the working hours prescribed by a decision of the competent body, or on non-working days, the notary is obliged to calculate an additional fee of 50 BAM for each commenced hour of such engagement, but not more than 150 BAM.

(2) For a service performed at the party's request outside the notary's office, the notary is obliged to calculate an additional fee for absence from the office of 20 BAM for each commenced hour of absence from the office, unless otherwise provided by this Tariff.

(3) If the notary undertakes the service both outside working hours and outside the office, the notary must calculate the fee under paragraph (1) or (2) of this tariff item.

(4) If more than two participating persons are named in the notarially processed document, in person or through an attorney or representative (parties, witnesses, interpreters, experts, spouses, persons giving consent and so on), the notary is obliged to calculate an additional fee of 10 BAM per each such person, provided that two witnesses are counted as one person for the purposes of the calculation.

8. REIMBURSEMENT OF COSTS

Tariff item 28 (Reimbursement of costs)

Unless otherwise provided by this Tariff, the notary has the right and the duty to calculate the reimbursement of costs as follows:

1) For the preparation of certified copies, authenticated transcripts and transcripts of the notarial original and of annexes, the notary must calculate a reimbursement of 0.50 BAM per page.

2) The party must reimburse the notary for court and administrative fees, fees for expert appraisals and valuations, outlays for the custody of items, the costs of electronic access to and communication with public registers, and all other necessary costs related to the performance of notarial services.

3) The party must reimburse the notary for outlays for postal, telephone and fax services, forms, banking transactions including the costs of the trust account, photocopying of documentation, unless otherwise provided by this Tariff for photocopying costs, and other outlays. The notary charges those outlays only in their actual amount or according to other parameters with the consent of the parties.

4) The notary is entitled to reimbursement of travel costs where those costs are connected with the performance of notarial services. Travel costs are due to the notary in the amount of the price of an air ticket or of another means of transport used. For the use of the notary's own car, the notary is entitled to a reimbursement of 20% of the applicable price of one litre of the highest quality petrol for each kilometre travelled, whereby the price on the date of issue of the invoice is taken.

5) If the notary must stay away from the official seat for more than eight hours or must stay overnight in a hotel, the notary is entitled to a per diem allowance and to hotel accommodation costs. The per diem allowance is calculated in the amount of the per diem allowance of a judge of the Cantonal Court in the area where the notary's office is located.

No. 01-45-526/21
17 May 2021
Sarajevo

Minister
Mato Jozic, signed

A notary's fee and an attorney's fee are not the same thing

The Notary Fee Tariff covers only the work of a notary: the processing and authentication of documents, certificates and authentications, deposits, and the filing of requests with public registers. It does not cover legal representation or the drafting of contracts by an attorney, which is charged under a separate regulation, the Attorney Tariff of the FBiH. In practice the two calculations regularly arise in connection with the same transaction: the notary carries out the notarial processing and guarantees the form of the document, while the attorney represents the interest of the client, checks the land registry position, negotiates and shapes the content of the contract, and is answerable to the client for the legal consequences.

Law Office Prnjavorac of Tuzla handles matters throughout Bosnia and Herzegovina, in the Federation of BiH, in Republika Srpska and in the Brcko District, including clients from Germany, Austria and Switzerland who complete matters without travelling to the country. The most frequent matters are the preparation and sale of real property, the settlement of property and legal relations, probate proceedings and commercial transactions that require notarial processing. If you need a calculation of a specific cost before going to a notary, contact the office.

Frequently asked questions about the Notary Fee Tariff FBiH

The most common questions about the prices and fees of notaries in the Federation of BiH under the Tariff on the fees and cost reimbursement of notaries (Official Gazette FBiH, No. 40/21). Amounts are expressed in BAM and VAT is charged on them.

  1. How much does the notarial processing of a contract for the sale of real property in the Federation of BiH cost?

    The fee for the notarial processing of a contract of sale is determined according to the value of the property (tariff item 1). As a guide: up to 2,500 BAM the fee is 100 BAM, from 2,501 to 5,000 BAM it is 130 BAM, from 5,001 to 10,000 BAM it is 170 BAM, from 10,001 to 20,000 BAM it is 220 BAM, from 20,001 to 50,000 BAM it is 270 BAM, from 50,001 to 75,000 BAM it is 300 BAM, and from 75,001 to 100,000 BAM it is 320 BAM. For a value above 100,000 BAM a further 30 BAM is added for each commenced 100,000 BAM, but not more than 1,800 BAM in total. VAT is charged on the fee.

  2. How much does the authentication of a signature by a notary in the FBiH cost?

    Under tariff item 15, the authentication of one signature of a natural person costs 4 BAM. The authentication of the signature of a representative of a legal person or of a holder of an independent activity costs 5 BAM, as does the authentication of a signature on documents concerning a bilateral legal transaction (contracts, agreements), a promissory note declaration or a deletion consent.

  3. How much does the authentication of a photocopy or transcript of a document by a notary cost?

    Under tariff item 13, the authentication of a photocopy or transcript of a document of up to two pages costs 4 BAM. For the third and each further page an additional 0.50 BAM per page is charged.

  4. How much does the notarial processing of a power of attorney cost?

    Under tariff item 4, the notarial processing of a power of attorney for the sale or pledging of real property costs 30 BAM per grantor of the power of attorney. For all other powers of attorney and unilateral declarations of intent the fee is 20 BAM per grantor.

  5. How much does the notarial processing of a will cost?

    Under tariff item 10, the notarial processing of a will or of a legally permitted inheritance agreement costs 120 BAM. The notarial processing of an heir's declaration is charged at 15 BAM per grantor, and a power of attorney for representation in probate proceedings containing an heir's declaration at 30 BAM per grantor.

  6. How much does a contract of lifetime support cost at a notary?

    Under tariff item 10, paragraph 2, the notarial processing of a contract of lifetime support, as well as of a contract (agreement) on the transfer and distribution of property during one's lifetime, costs 200 BAM.

  7. How much does the notarial processing of a marital agreement in the FBiH cost?

    Under tariff item 9, the notarial processing of a marital agreement costs 300 BAM if the value of the property that is the subject of the agreement does not exceed 50,000 BAM or cannot be determined. If the value exceeds 50,000 BAM, the fee is calculated under tariff item 1.

  8. Can a notary's fee be agreed lower or higher than the prescribed tariff?

    No. Under Article 5 of the Tariff, it is prohibited to agree a fee in amounts higher or lower than those prescribed. Such an agreement is null and void, and a notary who concludes it commits a breach of official duty. The notary is obliged to apply the tariff in every individual case.

  9. Does a notary charge VAT and additional costs on top of the fee?

    Yes. Under Article 4, paragraph 2 of the Tariff, in addition to the fee for the work performed the notary must also charge the costs incurred and the prescribed value added tax (VAT). The costs may include court and administrative fees, the charge for preparing certified copies and transcripts, and other necessary outlays.

  10. What can I do if I believe a notary has calculated the fee incorrectly?

    Under Article 11 of the Tariff, if a party considers that the notary has not calculated the fee correctly, that party or the notary may request that the dispute be resolved amicably before the competent body of the Notary Chamber of the Federation of BiH.

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