Notary/Notaire Counsel of the Kingdom of Cambodia
 

 


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 Sub-Decree 505/GnRk/tt 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 investors?

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 party.

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 running properly?

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

AMOUNT/MONTANT Notary Fee/Frais du Notaire
From $0 to $2,500 USD

3,33 %

From $ 2,501 to $5,000 USD

2,2%

From $5,001 to $10,000

USD 1,1%

From $10,001to $100,000

USD 0,80%

From $100,001 USD and over

0,55%


Q14. What authorities can make authentic act?

A14. There is only 1 authority that can make authentic act: The Notary.

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 Cambodia?

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 No.505/GnRk/tt 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 of protection?

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 one".

 


Copyright 2012 Notary/Notaire Counsel of the Kingdom of Cambodia