Notary, can't it be cheaper?

Understanding your desire

You're wondering if it couldn't be cheaper. We understand your concerns. After all, we recognize the need to manage your budget for notarial services and that our charges should represent good value for your money.

Cost-conscious quality

What's expensive? What's cheap? What's the value of quality and service? And what price are you willing to pay for them? What's important to you? What do you value? Price, speed, accuracy, reliability, responsiveness, customer service, customer satisfaction, apple pie with whipped cream with coffee, or would you prefer a cheaper deed, easy accessibility, state-of-the-art automation?

Look, if you want to eat out, you can go to McDonald's or Michelin-starred restaurant De Librije. If you want a car, you can choose a Skoda or a Rolls-Royce. You can get a cake at Hema or at master pastry chef Huize van Wely. For clothes, you can go to Primark or, as Queen Maxima does, to the studio of couturier Jan Taminiau. Between these extremes, there's a lot imaginable. There's something for everyone. But we don't sell a product. We provide a service. We offer you peace of mind, reliability, and security.

We strive to provide cost-effective, high-quality services. We believe our fee structure is fair and competitive, and that our rates are commensurate with the value we add. Our goal is to maintain a lasting relationship with our clients based on the quality we deliver and the corresponding compensation.

Customer satisfaction

Every client is unique. Their interests are our top priority in everything we do. Our clients determine our success. We strive for continuity of service by carefully developing mutually beneficial, harmonious, and lasting relationships with our clients.

We strive to provide our clients with impeccable service. We value professionalism and quality. Every client receives our personal attention. We listen to everything they have to say. We strive to be caring, humble, and helpful.

In everything we do to deliver added value to our customers, we strive to earn their respect and trust every single day. Trust that we know all too well comes with foot traffic and is earned through reviews. Trust that hinges on honest and respectful conduct. Cherishing our integrity is vital to us in order to maintain our most valuable asset: our reputation.

We strive for a high customer satisfaction rating. We attach great importance to this. By measuring customer satisfaction, we have data that allows us to continuously improve our services. And that's exactly what we do. Customers give us a Net Promoter Score of 9 out of 10.

Remuneration system

At MAES civil-law notaries, we are flexible in our billing approach. We determine the fee structure in advance in consultation with the client. Our fees are generally based on the actual time spent on the case and the time we administer (per 6-minute time unit) multiplied by the applicable hourly rates.

We are prepared to use alternative fee structures such as a blended rate , a fixed fee , a capped fee , a retainer , the value-based fee structure or - for non-official work - the no cure no pay arrangement.

The fixed fee is a fixed fee for a specific type of work, which generally allows us to estimate our time commitment. The risk of exceeding the budget is then shifted from the client, the principal, to the notary, the contractor. This fixed fee also includes a risk premium because some files incur losses. If we were to charge based on actual time spent, you could end up being better off, but also worse off. We are willing to take that risk, provided the terms of the engagement between the client and contractor are properly documented.

For every assignment we place with you, we will first draw up a contract (with a quote), or send you an order confirmation with appendices, and/or refer you to our general terms and conditions and our website. This will specify the terms and conditions and the fee, including any costs and VAT we may incur on your behalf with third parties, for which we accept the assignment. The quote or order confirmation is authoritative.

In the notarial profession, the terms "customary work" and "non-customary work" are frequently used. You can expect us to perform the customary work for the quoted price. If, in our sole discretion, non-customary work is required in a specific case, we will charge for it additionally. However, we will generally charge for non-customary work if we were not reasonably aware of it at the time of issuing the quote or order confirmation, and if we could not reasonably have foreseen it. The non-customary work and its rates can be found on our website and are always included as appendices to the agreement.

Discount schemes

Peace of mind, reliability, and security don't have to be expensive. We offer discount programs. We offer "Goed voor elkaar" (Good for Each Other) discount programs for certain combination contracts, as this allows us to produce more efficiently. View our discount programs here and take advantage of them.

Service organizations

We also work with third-party service organizations under other labels, such as "Nationale Notaris" (National Notary) and "Doe-het-zelf-notaris" (Do-it-yourself Notary), which independently prepare and process files. We execute and finalize the deed(s) under our own responsibility for a very modest fee—barely exceeding the cost price. These service organizations—and other examples include "Ligo," "Firm24," "Erfrechtplan," "NuNotariaat," and formerly "Hema-notaris" and "Kruidvat-notaris"—are not subject to disciplinary law and are not subject to the strict professional and behavioral rules that apply to civil-law notaries.

Unlike a notary, these third parties are permitted to make (return) commission agreements with declarants. Such declarants include the Dutch Homeowners' Association (Vereniging Eigen Huis) and some banks, which themselves charge clients thousands of euros in commission. The risk lies with the notary, and the majority of the revenue and profit goes to the service organization and the declarant, often without the client's knowledge.

These service organizations, essentially fake notaries, unlike a real notary, are not bound by confidentiality, are not subject to disciplinary law, are not required to be located in a specific region with their own physical office, are not required to maintain a safe, are not required to retain deeds for 70 years, are not obligated to report their business and personal figures quarterly to the Financial Supervision Bureau, have no training requirements, no expensive continuing professional development obligations, no expensive professional liability insurance, no professional and conduct rules, are allowed to invest in real estate with borrowed capital, and much more. In short, it's not a level playing field. Most notaries find the involvement of fake notaries unsympathetic and confusing for the unsuspecting consumer. From a business perspective, it often proves to be unprofitable for the notary to collaborate with such service organizations and declarants. The Royal Dutch Association of Civil-Law Notaries, the Financial Supervision Bureau, and the Consumers' Association, based on their own responsibilities, are also critical of this form of collaboration.

We ourselves see many heartbreaking cases, aggressive and intimidating sales methods, home visits so that customers can no longer say no or dare not say no, unnecessary products or services that are foisted on unsuspecting, often vulnerable consumers, and then they end up at a real notary with the request to reverse, adjust, revoke, rectify, annul or otherwise.

Good understanding

We've noticed that not everyone has an equally good understanding of the role, legal duties, and responsibilities of a notary. They sometimes only see a few sheets of A4 paper and don't quite understand why they have to pay a few hundred euros for those few sheets. We can certainly understand that. Let us explain the notary's social role and duties here, so you can better understand how we arrive at our rates.

Social role and task of the notary

Legal specialist

Notary is an office. A profession. A position. The notary is a lawyer. He studied notarial law at a Dutch university and then successfully completed the Notary Professional Training program. The word "notary" comes from Latin and is derived from the word "notare," which means "to write." In Roman times, public scribes sat in the marketplace and recorded deeds for, often illiterate, private individuals. Over the centuries, the notary has evolved into a legally trained public official. He—and fortunately, increasingly, a she—is a legal advisor. A specialist in (one of) the practice areas of family law, corporate law, and real estate.

Public official and entrepreneur

The public office of notary entails the authority to execute authentic deeds in cases where the law requires them to do so or a party requires them to do so, as well as to perform other duties assigned to them by law. Although the notary is appointed by royal decree, they exercise their office at their own expense and risk. They are therefore both a public official and an entrepreneur and must therefore always navigate the dynamics of the free market and the legal framework, including the Notary Act and the professional and conduct rules. They simply have to make ends meet and can be dismissed or go bankrupt.

Confidential advisor

When you enter into (financial) obligations, you can't always fully anticipate the consequences. Consider a partner you'd like to live with who moves into your apartment. Or an entrepreneur taking over their parents' business. In such cases, it's wise—sometimes even mandatory—to seek the assistance of a civil-law notary, especially if you want to discuss matters confidentially. In such cases, we provide you with legal, notarial, tax, and, if necessary, business advice, but above all, practical and applicable advice aimed at managing your risks. And, of course, we incorporate the human aspect.

Ministerial duty

Notaries have a "ministerial duty." This means that a notary is not only authorized but also obligated to perform the legal duties assigned to them. This is only different in exceptional circumstances, as defined by law. They must refuse their services if, in carrying out the assignment, they would act contrary to law or public order, or if their cooperation is required in actions that clearly have an unlawful purpose or consequence. They must therefore be critical and vigilant, and at all times prioritize their responsibility over economic gain.

Instruction obligation

The notary has a so-called "Instruction Duty." This means that the notary must properly inform the parties about the consequences of the deed. They are obligated to do so to ensure that the parties fully understand the implications of the legal act they intend to perform. Therefore, they will always discuss and explain at least the essential content of the deed with the parties and must adequately inform them in advance, either verbally or in writing.

Official secrecy

Civil-law notaries are bound by professional secrecy. This applies to all confidential information received by civil-law notaries in the course of their professional practice. This secrecy extends to the entirety of the civil-law notary's services and their scope, and is independent of whether a notarial deed is executed in the context of these services. Civil-law notaries may also not disclose this confidential information in legal proceedings. They may refuse to testify before a judge if doing so would require them to disclose confidential information. This is their right to confidentiality.

Mandatory notarial intervention

The law often requires a notarial deed. Several agreements and declarations only become valid if they are recorded in a notarial deed. The most important are the following:

• Making or amending prenuptial agreements or partnership agreements
• Making or changing a will
• Transferring real estate, such as a home
• Establishing property rights, such as a mortgage, on real estate
• Establishing a private limited company
• Transferring shares in a private limited company
• Establishing a foundation

Legal certainty

If it turns out later that the situation was different than the notary anticipated, there's nothing they can do to change it. After all, they have to consider all possible scenarios before signing. There's no cooling-off period for signing: once given, remains given. This is also known as legal certainty.

Authenticity

The notary advises, drafts, and executes notarial deeds. Notarial deeds are documents in which agreements and declarations are legally recorded. Several agreements or declarations must be included in a notarial deed. Only then are they valid. Once signed by the notary, the date of the deed is binding on everyone. And everyone can trust that the deed was signed by the listed signatories. The notarial deed is therefore an authentic document.

What actually happens with that deed?

The deed is not the property of the notary. Nor is it the property of the client or any party to the deed. The deed is the property of the Dutch state. The notary registers the deed in his register. The notary's register is a register that belongs to the notarial administration, the protocol.

The protocol is the notary's archive where they keep notarial documents—the original deeds, registers, directories, and card indexes. For example, the notary is required to keep the digital files for at least seven years. However, we will keep them for you for longer. Furthermore, every notary keeps the original deed, the minutes, and the documents attached to the deeds forever. This information is stored by the notary in a safe at the notary's office. If the notary retires, for example, because they retire, their protocol is taken over by another notary who succeeds them. This way, nothing is ever lost.

The location where the notary keeps his or her deeds is subject to many requirements, such as fire safety, humidity, and acidity, so that the paper of the deed doesn't deteriorate. We store older deeds in a secure off-site storage facility. The notary must pay for this. Each deed is registered in the Central Digital Register so that the tax authorities can access all deeds and levy taxes, such as transfer tax.

The notary is responsible for the transfer tax. They must collect, declare, and remit the tax (on time). If they fail to do so, or if they collect too little, for example, because a claimed exemption turns out to be inapplicable, the tax authorities will come knocking on the notary's door and they can take the money.

The notary's signature is therefore valuable. Without their signature, you, as a client, cannot perform a proposed legal act. If the notary signs too lightly, they may seem to help you at first, but ultimately, they don't help you, nor does society, because if it turns out to be wrong, you're still building on quicksand. The notary must therefore be impartial and independent. They can only act as an advisor to the parties if this has been made clear to the parties prior to providing services.

Risk and responsibility always lies with the notary

The above-mentioned "social role and duties of the notary" does not apply to service organizations, which often aggressively and tech-savvily try to sell notarial services to consumers through sales channels like department stores, drugstores, or online. They bear no responsibility for the content and accuracy of the deed and the legal act or declaration described therein.

Costs and fees

The costs you incur for the notarial services we provide to you are higher than the fee we receive from you for the services we perform on your behalf.

More than 20% of what you pay goes to the treasury. That's sales tax. While that's a cost to you, it's not a fee for us. Our fee is solely based on the compensation we receive for the services provided.

The fee excludes disbursements (costs) we must reimburse to third parties as part of our duties in carrying out the assignment, as well as settlements, payments to third parties, and taxes we must pay. We will, of course, pass all these costs on to you. These include costs related to, for example, the BRP (Personal Records Database), VIS (Verification Identification System), CTR (Central Register of Wills), CLTR (Central Register of Living Wills), CIR (Central Insolvency Register), CCBR (Central Register of Curatorships and Trustees), HGR (Marital Property Register), KvK (Chamber of Commerce registers), and the Land Registry.

We are transparent and open about our charges. All our rates are listed on our website. We don't play hide-and-seek and want to avoid surprises for you.

Keep in mind that most notary offices have an expense ratio of 80%, so 20% of the fee is profit. A portion of this profit goes to the tax authorities, and a portion goes back into the business as working capital or investment (for example, bonuses for highly performing employees or transition payments for employees who are structurally not (or no longer) performing well, training, automation, software, model documentation, know-how, facilities, etc.) with the aim of offering better service to the client. The days when the sky was the limit and notaries in the Netherlands easily earned a fortune are long gone since the introduction of market forces with the new Notary Act in 1999. It's hard work for little. In neighboring countries, notary fees are much more expensive.

Requirements for the profession of notary

Providing legal certainty, a widely felt need for our society to function properly, is the reason why such stringent requirements are imposed on both the profession and the person of a notary. This includes requirements before they are permitted to practice, requirements for their appointment as a notary, and requirements that remain in effect throughout their practice and even after they have retired.

An overview of the requirements:

• 6 years of pre-university education
• 4 years of university studies
• 6 years of internship, long days for a modest salary in an up or out atmosphere
• A completed 3-year vocational training course, which requires a lot of self-study in the evenings, weekends and holidays
• An approved business plan and payment of many thousands of euros in assessment and accounting costs for that plan
• A mandatory and completed entry assessment costing thousands of euros
• Be subject to an annual mandatory 20 continuing education points at €100 per point for each (candidate notary)
• The mandatory quarterly reporting to the Financial Supervision Office, with regard to both the practice's household and the private household
• Be subject to periodic peer reviews
• A mandatory membership of the Royal Dutch Association of Civil-Law Notaries
• In each case he must take into account all the interests of all parties involved
• In each case he must inform and warn those involved in detail ( belehren )
• Unpaid collection agency for transfer tax
• Unpaid investigating officer for unusual transactions
• Payment office for third parties who submit their invoices to the notary for payment
• Subject to strict disciplinary law, where he usually has to pay his own costs
• Subject to an ever-expanding array of laws, regulations and implementing rules
• Many thousands of euros in professional liability insurance premiums every year
• Subject to a compulsory pension that is already being cut significantly
• A long-term obligation to keep files and documents
• To be held accountable for professional errors for 20 years
• Hundreds of non-billable hours per year on model management, acquisition, continuing education, Financial Supervision Office and peer review, strategy and office management
• Ban on (return) commission agreements with declarants
• Prohibition on having an office outside one's own place of business
• Ban on investing in real estate with borrowed capital

What other profession has such tough demands?

What is the value of the notary's signature for you as a client?

From your perspective, you, as the client, have every interest in paying as little as possible for your notary. After all, you have to pay, and people generally don't like paying. Keep in mind that cheap can be expensive. Consider everything a notary does before signing. Consider what they have done and will still have to do to be able to continue signing and to ensure that signatures, once signed, retain their value. Their signature represents legal certainty; even years later, their signature still has value and can serve as insurance.

Also think about this

Also consider the following. And try to focus on it so you can see it clearly. Imagine this: you're together with your partner, you've bought a house, taken out a mortgage, made a cohabitation agreement, each made a will, and each a living will. Then you have everything in order for, say, the first 20 years. Suppose all this—including the discounts—will cost you €2,500 in total. Quite a substantial sum. Over a period of 20 years, that amounts to €0.17 (seventeen cents) per person per day. Consider that with the cohabitation agreement, two wills, and two living wills, you will gain tax benefits, avoid future costs, and prevent family disputes or other disagreements. The price you pay to arrange things well for yourself, your partner, your children, and your family is therefore considerably lower than that €0.17 (seventeen cents). Its value is many times greater than its price of €0.17 (seventeen cents). It might even make you money. Possibly a lot of it. A multiple of that €2,500. Think about that.