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Fees and Cost
Anyone interested in lodging an application before the Court for Trusts shall bear the following fees:
1. Registry fees
2. Judicial fee
3. Remuneration of judges
1. REGISTRY FEES
The amount of Registry fees is determined according to the value of the claim.
The lawyer shall consult the table contained in the "Decree on Registry fees and remuneration of Judges" (the Decree) of 10 September 2015 in order to determine the amount of Registry fees.
| Value of the claim (in euro) | Amount of Registry fees (in euro) |
|---|---|
| up to 50.000 | 800 |
| from 50.001 to 250.000 | 1.500 |
| from 250.001 to 1.000.000 | 3.000 |
| from 1.000.001 to 5.000.000 | 6.000 |
| over 5.000.000 | 6.000 + 0.5% of the value exceeding 5.000.000 |
| indeterminable value | The amount is decided by the President by means of a decree |
Registry fees shall be paid prior to the filing of the document instituting the proceedings. However, the Decree provides for only one case in which the fees shall be paid after the filing, i.e. when the value of the claim cannot be determined in advance. In this last case, the amount of Registry fees is decided by the President of the Court by means of a decree. The decree issued by the President will therefore specify the time-limit within which the liable party shall pay the fee.
Registry fees shall be paid in two alternative ways:
A) Payment of the sum to the Record Keeping Office: the professional shall physically show up at the Record Keeping Office to pay the amount calculated according to the table above.
B) Bank transfer in favour of the Record Keeping Office: the bank transfer will be made on the bank account opened with the Central Bank of the Republic of San Marino
The receipt of payment shall be filed with the Registry of the Court, together with the document instituting the proceedings.
CAUTION! In case of total or partial non-payment of Registry fees, the President of the Court grants to the defaulting party a time-limit of 20 days within which the liable party shall pay the fees. In case of non-fulfilment of the obligation, the proceedings shall stop.
Registry fees may be increased:
a. When the defendants are more than one, Registry fees are increased by 5% for any additional defendants;
b. When one or more parties shall be summoned outside the territory of the Republic, Registry fees are increased by 30%.
Some clarifications concerning the payment of Registry fees:
a. Registry fees are also due for each counterclaim; the amount, calculated according to the table above, is reduced by 50%.
b. The fees are due also in case of third party notice. In this case, the amount calculated based on the table is reduced by 1/3.
c. In case the applicant requests precautionary and provisional measures, the amount is calculated according to the table above.
d. For non-contentious proceedings, pursuant to Art. 12 of Constitutional Law no. 1 of 26 January 2012, the fixed amount of Registry fees is € 1,500. This amount also covers the complaint stage against the decree establishing the proceedings.
CAUTION! If the Chief Judge of the Ordinary Court of the Republic of San Marino considers, according to Article 3 of Delegated Decree no. 128 of 30 September 2013, that a case pending before the Ordinary Court falls within the competence of the Court for Trusts, Registry fees are due again (art. 11 Decree on Registry fees and remuneration of Judges" of 10 September 2015).
2. JUDICIAL FEE
The judicial fee is regulated by Law no. 99 of 25 July 2003 as subsequently amended (Delegated Decree no. 1 of 20 January 2012).
As it happens for Registry fees, the judicial fee shall be paid prior to the filing of the document instituting the proceedings. This fee is calculated according to Art. 1 of Delegate Decree no. 1 of 20 January 2012.
| Value of the claim (in euro) | First instance (in euro) | Appeal (in euro) | Non contentious proceedings (in euro) |
|---|---|---|---|
| up to 5.000 | 50,00 | 400,00 | 70,00 |
| from 5.001 to 50.000 | 270,00 | ||
| over 50.000 | 800,00 | 800,00 |
The lawyer may make the payment in two alternative ways:
a. Payment of the sum to the Record Keeping Office: the professional will physically show up at the Record Keeping Office to pay the amount referred to in Art. 1 of Delegated Decree no. 1 of 20 January 2012.
b. Bank transfer in favour of the Record Keeping Office: the bank transfer shall be made on the bank account opened with the Central Bank of the Republic of San Marino.
The payment of the fee shall be demonstrated by filing, together with the document instituting the proceedings, the receipt of payment issued by the Record Keeping Office or by the bank used by the liable party to pay the sum through bank transfer.
The payment is charged to both the plaintiff and the defendant. The latter will make the payment before the filing of the response.
In case of non-contentious proceedings, the fee is payable only once, "regardless of the number of applicants, as long as it is a single application common to all applicants".
If the President establishes the total or partial non-payment of the judicial fee or the Registry fees, he grants to the defaulting party a time-limit of 20 days to make the payment. In case of prolonged failure to make the payment, the proceedings shall stop.
3. REMUNERATION OF JUDGES
Anyone lodging an application to the Court for Trusts shall also pay the remuneration of judges. The amount of such remuneration is calculated on the value of the claim. The table below helps professionals in the calculation of the amount of the remuneration referred to in Article 6 of the "Decree on Registry fees and remuneration of Judges" of 10 September 2015.
| Value of the claim (in euro) | Remuneration of judges (in euro) |
|---|---|
| up to 50.000 | 1.500 |
| from 50.001 to 250.000 | 4.500 |
| from 250.001 to 1.000.000 | 10.000 |
| from 1.000.001 to 5.000.000 | 25.000 |
| over 5.000.000 | 25.000 + 0,2% of the valuee exceeding 5.000.000 |
| indeterminable value | The amount is decided by the President by means of a decree |
If the value of the claim can be established, the remuneration of judges shall be paid before filing the application. If the value of the claim cannot be determined in advance, the payment shall be made within the time-limit indicated by the decree of the President in the amount fixed by him.
The amount of the remuneration is paid by the lawyer representing the plaintiff through a bank draft made out to the “Registry of the Court for Trusts” and deposited with said Registry. The staff of the Registry shall draw up a verbatim record, a copy of which is given to the lawyer depositing the bank draft.
The amount calculated using the table above may undergo variations. As stated in Art. 6, paragraph 2 of the "Decree on Registry fees and remuneration of Judges" of 10 September 2015, "the President may reduce the remuneration up to half its amount when the claim appears particularly simple and increase it by no more than half its amount when the claim appears particularly complex.” In addition:
a. When the claim is assigned only to the President, the amount is reduced by 20%.
b. When the claim is assigned to a panel of judges, the amount is increased by 15% if the judges composing the panel are two and by 30% if the panel is composed of more than two judges.
CAUTION! The remuneration is also due by the defendant in case a counterclaim is proposed and is calculated as if it were an autonomous claim.
In case of request for precautionary and provisional measures, the remuneration payable to the President is determined according to the table above but the amount is reduced by 50%.
As to non-contentious proceedings, the remuneration payable to the President is calculated according to the table, but is reduced by 50%. The remuneration of judges in the complaint stage is determined in accordance with Article 6 of the "Decree on Registry fees and remuneration of Judges" (the Decree) of 10 September 2015, but is reduced to half.
CAUTION! If the Chief Judge of the Ordinary Court of the Republic of San Marino considers that a case pending before such Court falls within the competence of the Court for Trusts, the remuneration of judges is reduced by 50% according to Article 3 of Delegated Decree no. 128 of 30 September 2013, provided that the case has been pending before the Ordinary Court for more than one year.
