The Supreme Court of Justice sued the College of Notaries of Paraguay (CEP) for accountability and claims G. 49,000 million of what the union received from the sale of materials for notarial use, since 1999. They began conversations .
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June 06, 2021 – 01:00
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The demand for accountability for almost US $ 8 million that the Supreme Court presented on January 7, 2021, is for the sale of notarial materials that the College of Notaries of Paraguay was in charge of and that the highest judicial instance had delegate in favor of the union.
For his part, the lawyer Juan Claudio Gaona, who represents the College of Notaries, indicated that they have begun conversations with ministers of the Court to try to settle the form of payment and, if possible, obtain a debt relief.
Ministers Luis Benítez Riera, Carolina Llanes, Alberto Martínez Simón, Eugenio Jiménez and Manuel Ramírez Candia participated in the first conversations with the Court. An agreement has been signed in which the College of Notaries recognizes the debt, but the amount will be discussed, as well as it was agreed that each party will take care of their debts. The Attorney General’s Office accepted the agreement between the parties in dispute, Gaona said.
“In accordance with the provisions of the Civil Procedure Code, we have requested and obtained the agreement of the Court so that the demand for accountability is suspended for 6 months to carry out the negotiations, and at the same time, so that the external audit ordered by the College of Notaries can conclude because the current members of the board of directors chaired by notary Jorge Miller Donna can know the financial situation of the institution, “said the lawyer.
“Our interest is to reach an agreement with the Court that is satisfactory for both of us,” said Miller Donna.
The demand
On January 7, 2021, the Supreme Court sued the College of Notaries of Paraguay for accountability, through the lawyer Pedro Irala Eichebrenner.
Subsequently, the Court made three extensions to his claim, on January 21, March 25 and April 30, and on May 12, when the new directive commission assumed the presidency of the College of Notaries, it was notified of the claim.
The trial lies in the court of the 25th shift in civil and commercial matters in charge of Judge Liz Caballero. The Court requests that a preventive lien be issued on union assets up to the amount of G. 49.901.686.269, an amount that comes from the sale of materials for notarial use from May 5, 1999 to November 30, 2020, according to the demand.
Background
Law No. 125 of December 30, 1991, in its Art. 127 created the tax on acts and documents, and repealed the provisions of Law 1003/64 and the sealed paper disappeared.
By Resolution No. 674 of October 10, 1994, the Court authorized the College of Notaries to print notarial stamps for the use of protocol, issuance of copies and other notarial actions.
Likewise, the materials for notarial use are exempted from the concept of fiscal values and do not have the value granted to the stamps provided in the repealed Law 1003. What the materials do have is a cost of preparation and what is received does not belong to the public treasury or to the budget of Expenses of the Nation, refers the appellant.
By Agreed No. 117/99, the referral to the Court of 70% of the amount of the sale of notarial materials was ordered, but its validity was suspended until 2014.
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