Questions and Answers
Q1. What's a Notary/Notaire Counsel?
A1. A Notary/Notaire Counsel is a public officer that has been
granted the public authority to legalize and authenticate documents to protect
the legitimate documents of businessmen, foreign investors and the people of
Cambodia and the transaction of both parties and provide the transaction security.
Q2. Why was the Notary established?
A2. The Notary was established by the Royal Government of Cambodia
in accordance with the Law of the Kingdom of Cambodia (Kram) 910 ns and the
December 4, 2001 for the purpose of encouraging investments and maintaining
the guarantee that is consistent with ASEAN nations.
Q3. What are the duties and responsibilities of a Notary?
A3. A Notary is officially responsible for legally drafting
and authenticating both official and private documents and agreements in matters
pertaining to family, land, property, mortgages, leases, loans, transfer of
property, company shares, wills, security deposits, sales and purchase agreements,
commercial contracts in accordance with the laws of the Kingdom of Cambodia.
A Notary also acts for both parties and serves as a mediator to ensure fairness,
transparency and accuracy.
Q4. How can a Notary protect the public, businessmen and foreign
A4. Businessmen and foreign investors can have their commercial
contracts, sales and purchase agreements legalized and notarized to ensure that
the contracts are legal in accordance with the laws of the Kingdom of Cambodia
and the parties in the contract and agreement are genuine so as to prevent possible
forgery, fraud disputes and any criminal acts.
Q5. What's the meaning of rescission complaint of sales?
A5. The rescission complaint of sales is an agreement of sales
and transfer of property in which the value stated in the sales agreement is
reduced less than half in order to pay lower tax on that property. In this case,
the seller, heir/ heiress or other persons can file in the court to cancel the
sales agreement. The court will then cancel the sales agreement and sell to
the new buyers with a higher price and pay the proper tax to the government
stated in article 68 of the land law. In that case, the former owner of the
land cannot request to buy back that property.
Q6. What guarantees can a Notary give to his clients and what
happens when the notarized documents turn out to be invalid?
A6. The Notary stands as to guarantee the documents that he
notarizes and authenticates. If for any reason, the documents proved to be incorrect
or invalid, the Notary shall be liable for the mistakes, and reimburse and indemnify
all the costs of the victim party.
Q7. What's an authentic act?
A7. The authentic act is a supplementary document that summarizes
the contents of the transaction or agreement signed by both parties affixed
with a seal of the Notary.
Q8. Who shall be his next responsible person in case of the
decease of the Notary?
A8. In case of the decease of the Notary Counsel or his disappearance
due to other unforeseen matters, his vice- notary is still in charge.
Q9. How long was a Notary appointed?
A9. A Notary was appointed without time limit because he guarantees
the notarized documents to be valid for 100 years or longer.
Q10. What are the agreements of Sales and Purchases, mortgages,
leases, transfers of the properties certified by the Government Authorities,
Ministries, Departments, Military Departments, National Polices, Sub-District,
District or Lawyers? Are they secured and protected?
A10. All documents certified by above are simply the witnesses
to the signature of both parties in the contract but not responsible for the
contents of the contract and is not authentic according to the Civil Law. When
a document, contract or an agreement is authenticated and notarized by a Notary,
it stands to ensure and guarantee the notarized document. If any fault is detected,
the Notary assumes full responsibility and indemnifies all costs of the other
Q11. How safe is a notarized document?
A11. Before a document is notarized, it goes thorough investigation
to be checked for the authenticity. This verification process is necessary to
ensure that document presented is true to prevent fraud and forgery. A certified
document can be used to replace the original one and the Notary also keeps a
record of document for 100 years similarly done in all developed countries.
Q12. How can it help to reduce the poverty and criminal cases
as well as to reduce the litigations in court in the future if the Notary is
A12. The Notary in the Kingdom of Cambodia and the Notaries
all over the world adopt a similar Notary system. Investors and businessmen
can dispose of all immovable properties or other properties such as houses,
lands, cars, motorbikes, tractors, water pumps etc...by just having a guarantee
and an authentic act from the Notary.
For example: Any citizen who wants to buy a house, car, motorbike or small tractor
does not have enough cash on hand, she/he can put any property titles on hand
as a guarantee or ask some relatives (2 at least) to help and put their properties
as the guarantee, she /he then can buy the thing that s/he wants and pay back
step by step. This is what is done in both America and Europe. It will reduce
criminal acts and motivate people to work harder to pay back for their loans.
All criminal acts are motivated by hunger, the desires to possess but they do
not have the means, however, now the Notary is here to help citizens to make
their dreams come true and to help people to have access to a fair living standard
and to build a society where there is no violence.
Q13. What's the cost of the Notary services?
A13. Based on the reforms on economic policy, Judiciary Security
Reform of the Royal Government of Cambodia, the Notary adopts a low fee service
and small fee for the poor citizens to help to secure the legal transaction
and reduce litigations in court at provincial level and to help to solve disputes
on land, on sales contracts, transfer of properties and to protect every citizen
from fraud and forgery. The Notary can also be an arbitrator
NOTARY FEES / FRAIS DU NOTAIRE
||Notary Fee/Frais du Notaire
|From $0 to $2,500 USD
|From $ 2,501 to $5,000 USD
|From $5,001 to $10,000
|From $10,001to $100,000
|From $100,001 USD and over
Q14. What authorities can make authentic act?
A14. There is only 1 authority that can make authentic act:
Q15. How important is an authentic act made by a Notary?
A15. An Authentic act is made upon the agreement between the
parties involved in front of the Notary where both parties give oath to abide
by this agreement. The Notary laws of about 80 countries were originated from
Roman Laws and the French Notary Law states:
"The notary's signature bears witness to their contents
and date and is deemed to be conclusive. The obligations they embody are enforceable
without prior judicial decision, notarized instrument has the same force as
the final judgment."
According to the law, the authentic act made by the Notary
has the same force as the final judgment from the court without prior seek for
judicial decision. The Notary offers full protection for the benefits of the
businessmen and all citizens and in case of errors made in the notarized documents,
the Notary will compensate for its clients without any reason.
Q16. What kind of laws creates and appoints the Notary in
A16. The Notary was initially created by the Law of the Kingdom
of Cambodia (Kram) No.910 n s, dated November 04, 1954 and the Royal Degree
(Kret) No.129 br, dated March 18, 1965 and later implemented under the Sub Decree
of December 4, 2001.
Q17. How can the authentic act be used to enforce the seizure
of the property and later to auction the said property if the debtor continues
to default payments to the creditor? Who shall be responsible for the fees?
A17. If the Notarized contract is not adhered to, the Notary
can request the Court to issue an Execution Order through the relevant Courts
and request the Court Bailiff / Prosecutor and Police to seize the property.
The fees shall be paid by the debtor.
Q18. How much security deposit has the Notary pledged with
the Ministry of Finance and Economy in order to give its clients assurances
A18. The Notary has enough security deposits in the National
Bank of Cambodia and valuable property deposits in the Ministry of Economy and
Finance to ensure the guaranty and security to the clients.
Q19. When can the Notary withdraw the security deposits, if
he resigns or is convicted of a crime or upon dead?
A19. According to the Notary Roman Law (France), the Notary
cannot withdraw his deposits because he guarantees the authentication of documents
to be valid for 100 (hundred) years. In case of injury, disablement or death,
the Notary can be replaced by another Notary to continue the Notary profession
up to 500 years according to the French Notary System.
Q20. What shall you provide and guarantee to the Government
before being a Notary?
A20. A Notary must firstly be engaged in the legal profession
for at least 5 years in the Kingdom of Cambodia. If he is successful to be appointed,
he shall be required by law to provide the necessary deposits to the Government
because his signature bears a guarantee for compensation if the authentic act
is not correct or proved to be false.
Q21. What are the qualifications of becoming a Notary?
A21. -Having finished studying Notary law for 5 years or being
a practicing lawyer for more than 5 years.
-Shall make the monetary security deposit by law.
-If not possible, he can be deputized as an Assistant Notary Counsel.
Q22. What is a duty of the Notary?
A22. The Notary is an official government appointee that has
been granted the public power and authority to notarize and authenticate documents,
contracts to protect the legitimate interests of businessmen, foreign investors
and the people of Cambodia. "The Notary is also permitted to administer
Oaths, to certify certain documents or signatures, to take depositions, or to
perform other specified official acts, and also to fulfill a duty or obligation;
profession of one’s intent to carry out a responsibility entrusted to