Notary fees are fixed by regulation, and that is not a slogan

Who sets the tariff

The tariff is set by the Notaries (Service Fees) Regulations, 5739-1978, made under the Notaries Law, 5736-1976. Regulation 1 sets out a table of services with the fee for each, and its wording is mandatory: the notary shall charge the fee at the rate stated.

In other words, this is not a recommended price list, and there is no commercial discretion. The amount a notary may charge for authentication of a signature, certification of a copy, an affidavit or certification of the correctness of a translation is set in one place, and it is the same, or at least is supposed to be the same, at every notary's office in the country.

The tariff binds in both directions

This is the point that surprises most clients. Section 34(5) of the Notaries Law provides that a notary commits a disciplinary offence if he charged or demanded for his services a fee higher than that fixed under the Law, or if he charged or demanded, without sufficient reason, a fee lower than that fixed.

In other words, the prohibition is not only on overcharging. It applies equally to undercharging. Such disciplinary offences are heard by the District Disciplinary Tribunal of the Israel Bar Association, sitting in a panel that includes at least two notaries.

The rationale is simple: a uniform tariff is meant to ensure that the notarial certificate remains a uniform and reliable product, and that there is no price competition over an act whose entire validity derives from its having been performed properly.

The exceptions, which are also set by regulation

Regulation 1A lists three situations, and only three, in which a notary may waive all or part of the fee:

• Where the notary is satisfied that the person requesting the service lacks means.
• Where the service is provided to a new immigrant within seven years of immigration, or to a returning resident within 24 months, on presentation of confirmation from the Ministry of Aliyah and Integration.
• Where the service was requested because of an error by the notary himself.

In addition, regulation 2 provides that no additional fee is charged for a copy made in performance of a legal duty rather than as a service to the client.

What does change the amount

The fact that the tariff is fixed does not mean that every request costs the same. The regulations themselves set out what increases the amount:

• The number of words in a translation. Certification of the correctness of a translation is priced per hundred words, at a decreasing rate the longer the document. Where another service involves a translation made by the notary, half of the fee according to the number of words is added.
• Leaving the office. A separate item in the regulations sets a supplement for the first hour and for each additional half hour, from departure until return, plus travel expenses. The supplement is charged whatever the number of acts performed on that occasion, and is divided among several persons who received service on the same occasion.
• Special hours. Service provided between 19:00 and 08:00 the following morning, or on days of rest, carries a supplement of 50% of the fixed fee.
• Additional copies and certificates. For each type of service the regulations set a separate amount for an additional certificate or an additional signatory on the same occasion, and it is considerably lower than the first certificate.
• A foreign language other than English or Arabic. A fixed supplement has been set for this.

Finally, to avoid any misunderstanding: under the wording of regulation 1, the fee is charged together with an amount equal to value added tax. In other words, the amounts in the regulations do not include VAT, which is added to them.

When the tariff is updated

Regulation 4 provides that every amount in the regulations changes on 1 January each year, in line with the rate of increase in the Consumer Price Index. The determining index is the one published in November preceding the date of change, compared with the index published in the November before that.

After the update, the Director General of the Ministry of Justice publishes a notice in the Official Gazette (Reshumot) setting out the updated tariff. That is the official source, and any other table is at most a copy of it.

Why a quote below the tariff is a warning sign

If the tariff is uniform and binding, a quote below it is not a bargain but a sign that something is wrong: either the service on offer is not really a notarial certificate, or it is being provided in a way that does not comply with the regulations.

The question to ask a notary is not how much it costs, but what exactly your case requires: which certificate you need, how many copies, whether a translation is required, and whether the document is intended for use abroad and will therefore also need an apostille. These are the things that determine the final cost, and they are what is really worth discussing in advance.

Bottom line

The notary fee is one of the few prices in the economy that cannot be negotiated, and that is actually good news for the client: you can focus on who will do the work properly and on time, instead of on a meaningless price comparison. The exact, up-to-date amounts are published in the regulations and in the notice in the Official Gazette (Reshumot).

Nothing in this article constitutes legal advice or a substitute for it, and every case is assessed on its own circumstances.