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Authentication of documents of any kind, such as but not limited to

An authentic notarial deed is a document drawn up or, as the case may be, received and authenticated by the notary public or by the staff of diplomatic missions and consular offices, in the form and under the conditions laid down by the Law on Notaries Public and Notarial Activity No. 36/1995.
The authentication of the document complies with the following procedures:
  • a) establishing the identity of the parties in accordance with Art. 85 of the Law on Notaries Public and Notarial Activity No. 36/1995. The parties may be represented at the authentication by a proxy with an authentic special power of attorney, with the exceptions provided for by law. In this case, the notary public is required to check in the National Notarial Register of powers of attorney and their revocations, and in case of finding that the power of attorney has been revoked, the notary rejects the request for authentication.
  • expressing their consent to the content of the deed; In order to obtain the consent of the parties, after reading the deed, the notary public asks them whether they have understood its content and whether what is contained in the deed expresses their will. The consent is given by signature.
  • their signature and the date of the document.

Examples of authentic notarial deeds:

CONTRACTS

A contract authenticated by a notary public is a legal document concluded between two or more parties and which is subject to the authentication procedure by a notary public, on the basis of the Law on Notaries Public and Notarial Activity No. 36/1995.

This means that the notary public: verifies the identity of the parties, confirms the free and informed consent, gives it evidentiary and enforceable effect, enters it in the official registers - depending on the contract type (e.g. real estate contract of sale).

Contracts of sale
Mortgage contracts
Donation contracts
Maintenance contracts

Contracts of sale

A contract of sale is the legal document by which one person (the seller) transfers ownership of a property to another person (the buyer) in exchange for a sum of money. The contract of sale, authenticated by a notary public, usually concerns real property, such as an apartment, a plot of land, or a plot of land on which a building has been built, between the seller and the buyer, in exchange for a price which the buyer undertakes to pay.
It will contain, among other things: the seller's and buyer's identification data (surname, name, national identification number (CNP), address), a precise description of the property sold (e.g. address of the property, surface area, cadastral identification, etc.), the selling price and method of payment (in full, by instalments, by bank loan), the seller's guarantee that the property is free of encumbrances and that he/she has the right to sell it, various special clauses if the parties agree on additional conditions and, finally, the authentication text.

List of documents needed

Identity documents for both the seller and the buyer:
  • for natural persons: ID / provisional ID or Passport-only if the domicile mentioned in the passport, is outside Romania;
  • for legal entities: Certificate of Registration, Articles of Incorporation/Statutes, Decision of the General Assembly of Associates/ Decision of the Sole Associate, Certificate of Confirmation issued by the National Trade Register Office (O.N.R.C.) (as recent as possible), identity card of the administrator.
  • Tax Identification Number (N.I.F.) or national identification number (C.N.P.) - mandatory for all individuals.
  • Civil status documents: marriage certificate, marriage contract (if applicable).
  • Property deeds such as, but not limited to:

title deed issued under the Land Law No. 18/1991 (for land);
contract of sale-purchase;
donation contract;
final and irrevocable civil judgment/decision;
certificate of inheritance;
for contracts of sale and purchase concluded with former contracting units: handover-reception report, loan contract, proof of full payment;
deeds of joining/subdividing;
proof of full payment of the price (if not mentioned in the title deed);
land ownership certificates issued by the land register;
cadastral documentation (site plans/surveys) drawn up by a certified cadastral engineer and stamped by the Cadastre and Land Registration Office (O.C.P.I.)

  • Tax certificate(s) issued in the name of each owner (if married, 2 (two) tax certificates must be submitted), issued by the relevant Local Tax Directorate, showing that the tax payments for the property to be sold are up to date - not older than 30 days.
  • Informative urban planning certificate (for land).

For apartments:
a certificate issued by the owners’ or tenants’ association certifying that the owners are up to date with their debts to the association (maintenance, expenses, repairs, joint expenses, etc.), signed and with printed names of the president and the administrator, bearing the stamp of the association;
energy performance certificate;
P.A.D. compulsory insurance policy;
utility bills issued in the month of signing the sales contract (electricity, water, gas, etc.) and proof of their payment.
For agricultural land:
certificate issued by the Town Hall showing whether the land is leased;
tenant’s agreement + lease contract (if leased);
completion of the formalities concerning the exercise of the pre-emption right (for lands outside the built-up area).
Other specific documents required by the notary public.

If the property to be sold is encumbered by liens/mortgage in favour of a banking institution, the following are also required:
mortgage contract;
registration certificate of the mortgage contract;
loan contract;
certificate issued by the banking institution agreeing to the sale, specifying the terms and conditions and the balance of the loan.

Transaction details:
price, currency, exchange rate;
method and terms of payment;
bank accounts, both seller’s and buyer’s.

Taxes and fees

Concluding a contract of sale involves the payment of notarial fees, fees and taxes. These costs vary according to the value of the property being sold, the type of transaction, the quality of the parties involved (natural or legal persons) and the complexity of the deed.

Notarial Fees

The notary public charges a fee for the drafting and authentication of the contract of sale, set according to the scale imposed by the National Association of Notaries Public from Romania (UNNPR). As a rule, the fee is paid by the buyer.

Factors influencing the notary’s fee:

  • Value of the asset sold
  • Complexity of the transaction (e.g. number of co-owners, existence of special clauses)
  • Type of property (land, apartment, house, commercial space)

ANCPI Fees

In order to register the new owner in the Land Register, a fee is paid to the National Agency for Cadastre and Land Registration (ANCPI); this fee is paid to the notary public, who is in charge of drawing up the documentation for the land registration formalities. As a rule, the buyer is responsible for the registration fees.

Tax levied on the transfer of real estate by contract of sale:

  • For real estate held for up to 3 years inclusive: a tax rate of 3% of the transaction value applies;
  • For properties held for more than 3 years: a tax rate of 1% of the transaction value.

The tax on the sale of the real estate is paid by the seller to the notary public on the day of signing the contract of sale, prior to the signing, and the notary public will transfer this amount to the state by the 25th of the following month. It is important to note that this amount is not an income for the notary and there are no additional fees for this operation.

Mortgage contracts

A mortgage contract is a legal document whereby an asset, usually real estate, is offered as security for a loan or credit.

A real estate mortgage is a real right over a real estate whereby the owner of a property (the borrower) secures an obligation to pay (usually a loan or credit) by granting a security interest over that property. This enables the creditor (usually a financial institution) to recover the debt if the borrower is in default.

The mortgage is established by a written contract and must be registered in the land register to be enforceable against third parties. This gives the creditor the right to foreclose on the property in the event of non-payment by selling it to recover the sums owed. A mortgage can be constituted on both an existing immovable property and a property to be built. It can be an essential tool in securing financing for real estate purchases or other investments.

This contract must be drawn up by a notary public, who is required to check the legality of the documents and to ratify the deed.

List of required documents

Identity documents:
  • for natural persons: ID /provisional ID or Passport - only if the domicile mentioned in the passport, is outside Romania.
  • for legal entities: Certificate of Registration, Articles of Incorporation/Statutes, Decision of the General Assembly of Associates/ Decision of the Sole Associate, Certificate of Confirmation issued by the National Trade Register Office (O.N.R.C.) (as recent as possible), identity card of the administrator.
  • Tax Identification Number (N.I.F.) or national identification number (C.N.P.) - mandatory for all individuals.
  • Civil status documents: marriage certificate, marriage contract (if applicable).
  • Property deeds such as, but not limited to:

title deed issued under the Land Law No. 18/1991 (for land);
contract of sale-purchase;
donation contract;
final and irrevocable civil judgment/decision;
certificate of inheritance;
for contracts of sale and purchase concluded with former contracting units: handover-reception report, loan contract, proof of full payment;
deeds of joining/subdividing;
proof of full payment of the price (if not mentioned in the title deed);
land ownership certificates issued by the land register;
cadastral documentation (site plans/surveys) drawn up by a certified cadastral engineer and stamped by the Cadastre and Land Registration Office (O.C.P.I.)

  • Tax certificate(s) issued in the name of each owner (if married, 2 (two) tax certificates must be submitted), issued by the relevant Local Tax Directorate, showing that the tax payments for the property to be mortgaged are up to date - not older than 30 days.
  • Informative urban planning certificate (for land).

For agricultural land:
certificate issued by the Town Hall showing whether the land is leased;
tenant’s agreement + lease contract (if leased).

If the property subject to the mortgage contract is encumbered by liens/mortgage in favour of another banking institution, the following are also required:

mortgage contract;
registration certificate of the mortgage contract;
loan contract;
certificate issued by the banking institution agreeing to the subsequent ranking mortgage, specifying the terms and conditions and the balance of the loan.

Other specific documents required by the notary public.

Taxes and fees

The notary public charges a fee for the drafting and authentication of the mortgage contract, based on the order imposed by the laws in force. This is usually borne by the borrower and is calculated according to the amount secured by the mortgage (i.e. the amount of the loan granted by the bank). In addition to the fee, the borrower also pays a fee to the National Agency for Cadastre and Land Registration (ANCPI); this fee is payable to the notary public who is responsible for drawing up the documentation for the real estate registration formalities.

Donation contracts

The donation contract is a legal document by which a person (the donor) transfers, without receiving any consideration, the ownership of a movable asset or immovable property (usually money, land or a building) to another person (the donee).

To be valid and enforceable against third parties, the donation must be authentic form, i.e. authenticated by the notary public, who is required to verify the legality of the documents and to ratify the deed.

List of required documents

  • Identity documents for both the donor and the recipient: ID /provisional ID or Passport - only if the domicile mentioned in the passport, is outside Romania.
  • Tax Identification Number (N.I.F.) or national identification number (C.N.P.) - mandatory for all individuals.
  • Civil status documents: marriage certificate, marriage contract (if applicable).
  • Property deeds such as, but not limited to:

title deed issued under the Land Law No. 18/1991 (for land);
contract of sale-purchase;
donation contract;
final and irrevocable civil judgment/decision;
certificate of inheritance;
for contracts of sale and purchase concluded with former contracting units: handover-reception report, loan contract, proof of full payment;
deeds of joining/subdividing;
proof of full payment of the price (if not mentioned in the title deed);
land ownership certificates issued by the land register;
cadastral documentation (site plans/surveys) drawn up by a certified cadastral engineer and stamped by the Cadastre and Land Registration Office (O.C.P.I.)

  • Tax certificate(s) issued in the name of each owner (if married, 2 (two) tax certificates must be submitted), issued by the relevant Local Tax Directorate, showing that the tax payments for the property to be donated are up to date - not older than 30 days.

For apartments:
a certificate issued by the owners’ or tenants’ association certifying that the owners are up to date with their debts to the association (maintenance, expenses, repairs, joint expenses, etc.), signed and with printed names of the president and the administrator, bearing the stamp of the association;
utility bills issued in the month of the signing of the donation contract (electricity, water, gas, etc.) and proof of their payment.

For agricultural land:
certificate issued by the Town Hall showing whether the land is leased;
tenant’s agreement + lease contract (if leased).

Other specific documents required by the notary public.

Steps for finalizing a contract of sale

  1. Appointment at a notary → The seller and the buyer choose a notary and submit the necessary documents.
  2. Checking the documents → The notary checks that the property is free of encumbrances, advises the parties on any concerns they may have and prepares the contract.
  3. Paying taxes → The seller pays the tax and the buyer pays the notary’s fee and the land registration fee.
  4. Signing the contract → The deed is read, signed and notarized by the notary.
  5. Registration in the registers of the Cadastre and Land Registration Office → The notary sends the contract to the relevant Cadastre and Land Registration Office for the new owner to be registered.

Taxes and fees

ANCPI fees

In order to register the new owner in the Land Register, a fee is paid to the National Agency for Cadastre and Land Registration (ANCPI); this fee is paid to the notary public, who is in charge of drawing up the documentation for the land registration formalities. As a rule, the Donee is responsible for the registration fees.

Tax on the real estate alienation by donation contract

  • For properties held for up to 3 years inclusive: a tax rate of 3% of the transaction value applies.
  • For real estate held for more than 3 years: a tax rate of 1% of the transaction value applies.

The tax on the real estate alienation is paid to the notary public on the signing day of the contract of sale, before the contract is signed, and the notary public will transfer the amount to the state by the 25th of the following month. There are exceptions where no tax is due on income from the transfer of real estate, such as in the case of a donation between relatives or spouses. It is important to note that this amount is not an income for the notary and there are no additional fees for this transaction.

Maintenance contracts

A maintenance contract is a legal document by which one person (the maintenance recipient) transfers ownership of property to another person (the maintenance provider) in exchange for the latter’s obligation to provide maintenance for the maintenance recipient for the rest of his/her life or for a fixed period.

List of required documents

  • Identity documents for both the donor and the recipient: ID /provisional ID or Passport - only if the domicile mentioned in the passport, is outside Romania.
  • Tax Identification Number (N.I.F.) or national identification number (C.N.P.) - mandatory for all individuals.
  • Civil status documents: marriage certificate, marriage contract (if applicable).
  • Property deeds such as, but not limited to:

title deed issued under the Land Law No. 18/1991 (for land);
contract of sale-purchase;
donation contract;
final and irrevocable civil judgment/decision;
certificate of inheritance;
for contracts of sale and purchase concluded with former contracting units: handover-reception report, loan contract, proof of full payment;
deeds of joining/subdividing;
proof of full payment of the price (if not mentioned in the title deed);
land ownership certificates issued by the land register;
cadastral documentation (site plans/surveys) drawn up by a certified cadastral engineer and stamped by the Cadastre and Land Registration

  • Tax certificate(s) issued in the name of each owner (if married, 2 (two) tax certificates must be submitted), issued by the relevant Local Tax Directorate, showing that the tax payments for the property to be mortgaged are up to date - not older than 30 days.

For apartments:
a certificate issued by the owners’ or tenants’ association certifying that the owners are up to date with their debts to the association (maintenance, expenses, repairs, joint expenses, etc.), signed and with printed names of the president and the administrator, bearing the stamp of the association;
utility bills issued in the month in which the donation contract is signed (electricity, water, gas, etc.) and proof of payment.

For agricultural land:
certificate issued by the Town Hall showing whether the land is leased;
tenant’s agreement + lease contract (if leased).

BILATERAL PROMISES OF SALE-PURCHASE

The bilateral promise of sale-purchase is a legal document by which the promising seller and the promising buyer undertake mutually to conclude, at a later date, a contract for the sale of a property. This document is intended to protect the intentions and interests of the parties until the transaction is finalized.

What does the bilateral promise of sale contain?

  1. Identification details of the parties (national identification number (CNP), name, domicile, company details – if applicable)
  2. Description of the property (address where it is located, its surface area/structure, cadastral identification)
  3. Sale price and method of payment (advance payment, instalments, payment in full, etc.)
  4. Deadline by which the final sales contract must be concluded
  5. Any penalties
  6. Other special clauses agreed by the parties

Documents required to conclude the bilateral promise of sale:

  • Identity documents:

– for natural persons: ID /provisional ID or Passport – only if the domicile mentioned in the passport, is outside Romania.
– for legal entities: Certificate of Registration, Articles of Incorporation/Statutes, Decision of the General Assembly of Associates/ Decision of the Sole Associate

  • National Trade Register Office (O.N.R.C.) (as recent as possible), identity card of the administrator.
  • Tax Identification Number (N.I.F.) or national identification number (C.N.P.) - mandatory for all individuals.
  • Civil status documents: marriage certificate, marriage contract (if applicable).
  • Property deeds such as, but not limited to:

– title deed issued under the Land Law No. 18/1991 (for land);
– contract of sale-purchase;
– donation contract;
– final and irrevocable civil judgment/decision;
– certificate of inheritance;
– for contracts of sale and purchase concluded with former contracting units: handover-reception report, loan contract, proof of full payment;
– deeds of joining/subdividing;
– proof of full payment of the price (if not mentioned in the title deed);
– land ownership certificates issued by the land register;
– cadastral documentation (site plans/surveys) drawn up by a certified cadastral engineer and stamped by the Cadastre and Land Registration Office (O.C.P.I.)

  • Other specific documents required by the notary.

Taxes and fees

The fees for concluding the bilateral promise of sale vary depending on the value of the real estate, the contract complexity, the notary’s fee (set according to the notary’s scale).

POWERS OF ATYORNEY

A power of attorney is a document by which a person (called the principal) authorizes another person (called the agent) to act on his/her behalf to issue/perform certain deeds or transactions. Powers of attorney can be general (the agent may carry out several types of deeds - such as the administration of an asset) or special (valid only for a specific action).

Here are a few examples of types of powers of attorney, either for carrying out all the necessary formalities for various legal documents such as: a sale or purchase operation, or even for the administration and conservation of real estate, or even in the field of inheritance for issuing a certificate of inheritance or deeds related to such procedures.

 At the same time, powers of attorney may be drawn up for the representation of a person, either natural or legal, in relations with various institutions or authorities, such as the National Agency for Fiscal Administration (A.N.A.F.), for accessing the Virtual Private Space (SPV) – ANAF, the National Trade Register Office, for representation in relations with the bank – to carry out transactions on behalf of the principal, and/or for obtaining and collecting various documents (diplomas, criminal records, tax certificate, etc.).

Documents needed to draw up a power of attorney

  • Identity document of the principal (identity card, passport, in accordance with the law)
  • Identification data of the agent (name, surname, national identification number (CNP), domicile)
  • Additional documents, depending on the type of power of attorney (e.g.: vehicle identity card for car power of attorney, title deeds for real estate power of attorney)

Contact us for quality notarial solutions

We provide a full range of notarial services tailored to your needs. With expertise and professionalism, we provide efficient and fair solutions. Choose legal certainty guaranteed by our experience.
notarial assistance
0757 023 765

Dorobantilor Square 4, Bucharest 010588

Statements

Declarations authenticated by a notary public are documents by which one or more persons confirm certain facts, situations or intentions, having full legal force.

  • Declaration for expressing the consent of minors to travel abroad,
  • Declaration for preparing the cadastre
  • Declaration of fulfillment of legal conditions for the associate and/or administrator;
  • Declaration of acceptance or waiver of succession;
  • VAT declaration;
  • Declaration of change of driving license;
  • Other types of declarations

Wills

A will is a notarial document by which a person legally disposes of his or her assets for the time after death. The notary ensures the drafting and authentication of the will, thus protecting the testator's wishes.

A will is a unilateral, personal and revocable act by which a person, called the testator, disposes, in one of the forms required by law, for the time when he will no longer be alive. It can be modified or revoked at any time during the testator’s lifetime.

Documents required for an authentic will:

  • Identity document of the testator;
  • Identity document of the person to be gratified;
  • Title deeds for the said assets.

Matrimonial agreements and liquidation of matrimonial regimes

Matrimonial agreements are notarial acts that establish the property regime of spouses, both before and during marriage.

Matrimonial agreements are notarial acts that establish the property regime of the spouses, both before and during marriage. Future spouses can choose as their matrimonial regime: legal community, separation of property or conventional community.

  • Community of Legal Property Regime (default unless otherwise chosen) Everything acquired after marriage becomes either common property or common debt (except for those provided for by law). If the spouses or future spouses do not conclude a matrimonial agreement, the community of legal property regime will apply to them, by law.
  • Separate Property Regime - As an alternative to the community of legal property regime, it is a matrimonial regime that allows each of the two spouses to be the exclusive owner of the assets acquired before the marriage, but also of those acquired in their own name during the marriage. This is the one that offers the greatest patrimonial independence to the spouses. Thus, assets acquired during the marriage exclusively by one spouse do not enter into their common property.
  • Conventional Community Regime - In the case of conventional community, spouses or future spouses may establish in advance, at the date of conclusion of the matrimonial agreement, the share that is due to them from the assets acquired jointly during the marriage, a share that is mandatory for all acquisitions during the marriage, any modification of this clause being preceded by the liquidation of the matrimonial regime and the conclusion of another matrimonial agreement.
  • Conclusion of the matrimonial agreement - Under penalty of absolute nullity, the matrimonial agreement is concluded by a document authenticated by the notary public, with the consent of all parties, expressed personally or by a proxy with an authentic, special power of attorney and having predetermined content (art. 330 paragraph 1 Civil Code). All matrimonial agreements, regardless of the date of their conclusion, as well as their modifications, will be transmitted by the notary public to the National Notarial Register of Matrimonial Regimes, in order to fulfill the publicity formalities.
  • Documents required for concluding a matrimonial agreement: identity documents of the spouses, marriage certificate (if the marriage already exists), details of the assets concerned (if applicable)

Contact us for quality notarial solutions

We provide a full range of notarial services tailored to your needs. With expertise and professionalism, we provide efficient and fair solutions. Choose legal certainty guaranteed by our experience.
Notarial assistance
0757 023 765

Dorobantilor Square 4, Bucharest 010588

Cristina Vorniceanu Vidrașcu
Dorobanti Square no. 4, room B, ground floor, apt. 3, Sector 1, Bucharest
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