Complaints and Disputes Settlement Procedure for the Notarial Profession

Clause 1 Definitions

The following terms as used in this Complaints and Disputes Settlement Procedure for the Notarial Profession have the following meanings:

  • Client: A private individual or a legal entity (governed by private or public law, as applicable), which, as a result of the formation of an agreement for services with Pels Rijcken & Droogleever Fortuijn N.V., uses or has used the notarial services of Pels Rijcken & Droogleever Fortuijn N.V.;
  • Disputes Committee for the Notarial Profession: The committee set up by the Foundation for Consumer Complaints Boards (SGC) and the Foundation for Professional and Commercial Complaints Boards (SGB) where the firm can submit disputed and unpaid invoices and where price/quality disputes can be brought if the solution provided by the firm does not lead to satisfaction;
  • Complaint/Complaints: any written expression of discontent by or on behalf of the Client vis-à-vis the civil-law notary or the persons working under their responsibility about the way of working of, or the treatment by the civil-law notary; the legal-substantive aspects of the services provided; the financial aspects of the services provided or complaints about the practice in general;
  • Complainant: the Client or their representative expressing a Complaint;
  • Complaints Officer*: the person, not being the Civil-Law Notary against whom the Complaint is directed, who is entrusted with the handling of the Complaint;
  • Civil-Law Notary: Civil-law notary or candidate civil-law notary;
  • Regulations of the Disputes Committee for the Notarial Profession: The rules laying down the procedure of the Disputes Committee for the Notarial Profession.

* For reasons of confidentiality, this person must be a (candidate) civil-law notary.

Clause 2 Scope

This Complaints and Disputes Settlement Procedure for the Notarial Profession is applicable to every agreement for notarial services between Pels Rijcken & Droogleever Fortuijn N.V. as the contractor and a Client as the client, unless, in the agreement for services or by means of any other written document, Pels Rijcken & Droogleever Fortuijn N.V. and the Client expressly derogate from this Complaints and Disputes Settlement Procedure for the Notarial Profession.

Clause 3 Objectives

The objectives of this Complaints and Disputes Settlement Procedure for the Notarial Profession are:

  • to lay down a procedure to handle Complaints in a constructive manner and within a reasonable period;
  • to lay down a procedure to identify the causes of the Complaint;
  • to maintain and improve existing relationships by means of proper handling of the Complaint;
  • to improve the quality of the services by handling and analysing the Complaint.

Clause 4 Information upon commencement of the services

  1. Before entering into the agreement for services, the Civil-Law Notary will point out to the Client that Pels Rijcken & Droogleever Fortuijn N.V. makes use of this Complaints and Dispute Settlement Procedure for the Notarial Profession, which is published on the website www.pelsrijcken.nl, and that such procedure is applicable to their notarial services.
  2. A Complaint that has not been solved after being handled in accordance with the internal complaints procedure as referred to in Clause 5 of this Complaints and Disputes Settlement Procedure for the Notarial Profession, may be submitted to the Disputes Committee for the Notarial Profession for the purposes of seeking a binding ruling or an arbitral award. The Regulations of the Disputes Committee for the Notarial Profession can be requested from the committee secretary at PO Box 90600, 2509 LP The Hague or via the website www.degeschillencommissie.nl. In this respect, see also www.knb.nl and www.notaris.nl.

Clause 5 Internal complaints procedure

  1. The Complaint with which a Client approaches Pels Rijcken & Droogleever Fortuijn N.V., via the email address klacht@pelsrijcken.nl or otherwise, will be referred to the Pels Rijcken & Droogleever Fortuijn N.V. Complaints Officer charged with the implementation of this internal complaints procedure.
  2. The Complaints Officer will notify the Civil-Law Notary against whom the Complaint is directed of the Complaint submitted.
  3. The Complaints Officer will give the Complainant and the Civil-Law Notary against whom the Complaint is directed the opportunity to explain the Complaint in further detail.
  4. The Complaints Officer will try to reach a solution with the Complainant, in cooperation with the Civil-Law Notary against whom the Complaint is directed.
  5. The Civil-Law Notary against whom the Complaint is directed or the Complaints Officer will ensure that the Complaint is handled properly and will handle the Complaint within one month of receipt of the Complaint or notify the Complainant that another period will be applied, stating reasons and stating the period within which the Complaint will be handled.
  6. The Complaints Officer will record the outcome of the Complaints Procedure in writing, whether or not accompanied by recommendations, and send this outcome to the Complainant and the Civil-Law Notary against whom the Complaint is directed.

Clause 6 Responsibilities and complaints registration

  1. The Civil-Law Notary and subsequently the Complaints Officer will be responsible for handling and resolving the Complaint.
  2. The Complaints Officer will keep the Complainant informed of the handling of the Complaint.
  3. The Complaints Officer will keep records of all Complaints received, stating the subject of the Complaint. A Complaint may be divided into various subjects.

Clause 7 Confidentiality and free complaint handling

  1. The Civil-Law Notary and the Complaints Officer will observe confidentiality when handling the Complaint.
  2. The handling of the Complaint will be without charge to the Complainant.