After the Law no. 6.370/2012 came into force on April of this year, the limit established by Law no. 3.350/1999 for collection of notary public and registration services fees in the state of Rio de Janeiro was abolished. Without a cap estimate, the registration costs several times ended up reaching exorbitant amounts, particularly on the occasion of any acts related to maritime contracts.
The solution found by the maritime companies that urgently needed to register their documents was to file lawsuits. Some injunctions were obtained by these companies and in some cases the decision set the cap of the amount that could be charged, and in others determined that a court deposit were made as security. The decisions´ legal grounds were that a collection without a cap was unreasonable and unconstitutional, in addition to violate the Federal Law no. 10.169/2000, which sets forth the “general rules” for setting the fees relative to any acts performed by notary public and registration services”.
Aware of this loophole in the Law no. 6370/2012, the Court of Appeals Disciplinary Board and the Government of the State of Rio de Janeiro presented the Bill no. 2252/2013, which set the limit of the estimated fees for up to twice as much the maximum value of the legal fee charged in the State of Rio de Janeiro (R$53.264.66, with some exceptions.
Subsequent to the work developed by our office with ABEAM (Brazilian Association of Offshore Support Companies) along with several deputies, ALERJ presented a Clean Bill reducing several caps initially set by the Judiciary and Executive Branches. In relation to Maritime contracts, the Clean Bill reduced the cap of two times the amount of the legal fee (R$53,264.66) to only one time (R$26,632.33).
The Clean Bill was sanctioned and converted into the Law no. 6490/2013, published on 12.07.2013.