Ordinance on Notarial Fees (NotGebV) - Costs Fee (TVA)
Table of Provisions (16)
Statutory Text (16 Articles)
1. The expense fee is the remuneration for the public notarization, including its preliminary and subsequent processing, as well as all associated consultations, clarifications, registrations, additional and supporting documents (such as statutes, merger agreements, contribution in-kind agreements, etc.), certifications, preparation of publications, and other supplemental activities for the clientele.
2. In the case of real estate transactions, the handling of financial transactions (the collection and disbursement of loan funds and purchase prices, the securing of tax and fee amounts, settlements, etc.) is calculated separately.
1. The Expense Fee Is Also Owed
a. in the event of the withdrawal of a fully or partially prepared transaction;
b. if a transaction does not materialize.
1. Fees and expenses shall be charged to the registering party. In the case of multiple registrants, the entire bill may be imposed on one of the registrants.
2. The contracting parties shall each pay the fees in equal parts, unless otherwise stipulated in the contract.
3. Several partners of a contracting party are jointly and severally liable for the charged fees and expenses.
1. The client may request an approximate cost estimate, a detailed offer, or an offer with a cost ceiling.
2. An advance payment up to the anticipated amount of the fee may be required.
1. The fees including expenses are invoiced upon the completion of the official duties. Subject to § 4 paragraph 2.
1. The payment deadline for fees imposed by a final and binding decision is 30 days.
2. After the expiration of the payment deadline, a default interest rate of no more than the rate applicable to state taxes may be charged.
1. The application for a fee reduction is generally to be submitted at the time of the first instruction, but no later than before certification.
2. The application for a complete fee waiver can be submitted at any stage of the procedure, but must in any case be submitted before the initiation of enforcement proceedings.
1. Where no fixed fees are established, an hourly rate shall apply as follows
a. 180.00 CHF to 260.00 CHF for the services of the notary, depending on the complexity and significance of the matter, the associated responsibility, and the personal and financial circumstances of the person obligated to pay or the person commissioning the services;
b. 60.00 CHF to 180.00 CHF for the services of notarial staff (secretarial, caseworker, legal assistant), depending on their level of qualification.
1. Standard Fees Apply for the Following Transactions
a. For marriage and inheritance contracts, as well as property contracts under the Federal Act on the Registered Partnership of Same-Sex Couples (Partnership Act, PartG): 500-1,700 Fr.
b. For wills: 400-1,500 Fr.
c. For the formation of corporations and limited liability companies without qualifying circumstances: 700-2,000 Fr.
d. For property transfer contracts regarding real estate: 800-2,500 Fr.
e. For easement agreements, excluding independent and perpetual building rights: 500-1,600 Fr.
f. For the establishment of mortgage rights: 350-1,500 Fr.
2. Within the fee framework, billing is based on the actual time expended, according to the hourly rates specified in § 8.
3. If, in exceptional cases, the actual time expenditure is not covered by the upper limit of the fee framework, this limit may be exceeded. The actual additional expenses and the circumstances leading to increased effort must be disclosed to the service recipients and justified in a comprehensible manner.
4. The collection of fees for documents that were not finalized remains reserved.
1. Fixed fees are charged for
a. Replacement of a signature (CO 15): 100.00 CHF
b. Guarantee declaration for educational loans (CO 493): 250.00 CHF
c. Simple certification of a signature or a mark in German by stamp imprint or similar methods: 20.00 CHF
d. Certification of a single-page photocopy in German: 10.00 CHF
e. Certification of a multi-page photocopy in German, with additional technical effort to create the inseparable connection (binding, gluing, multiple stamping), up to three pages in A4 format: 40.00 CHF
f. Witness fee in matters of inheritance, per witness: 20.00 CHF
1. Value-added tax is to be added to the hourly rate and all fixed fee rates.
2. The value-added tax must be shown separately in the fee invoice.
1. Compliance with the provisions of the Ordinance on the Disclosure of Prices (Price Disclosure Ordinance, PBV) of December 11, 1978, is the responsibility of every notary in Basel-Landschaft.
1. Expenses for investigations (preliminary examinations, register extracts, expert opinions, expert reports, etc.), travel costs (tram, bus, and train tickets, mileage allowances, parking costs, etc.), publications, postal charges, telephone conversations, etc. will be invoiced at their actual amounts and itemized separately.
2. Copies may be charged per page as follows
a. for black and white copies 0.20 CHF
b. for color copies 0.70 CHF
1. For the fees of the notary offices of the district clerks' offices, Section 14 of the Ordinance of January 8, 1991, on Civil Law Fees (GebV) shall apply until December 31, 2013.
1. The Ordinance of June 26, 2007, on the Fees of Private Notaries is repealed.
1. This Regulation shall enter into force on November 1, 2012.