FAQ

FAQ

General
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What is the cost of my legal matter?
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The cost of your procedure includes the inscription fees, taxes (if applicable), stamps, fees and VAT, which are set by the Notary and Lawyer´s Mandatory Rate Table and the Costa Rican legislation. 
LexChat ensures total transparency by providing you from the beginning the exact estimate and costs of your process. 

Who's the lawyer that will take care of me?
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LexChat will assign you an attorney who is an expert in doing the legal matter you need. Our network of associate attorneys has been rigorously selected to provide our clients with various services in the most efficient and responsible manner.  

How do I make payment?
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Once your paperwork is ready to be processed, LexChat will send you the bank account details to make the transfer.  The payment will guarantee completion of the process.   

What other services do you offer?
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Let us know what you need and LexChat will find you the expert to do it. We are constantly developing and incorporating new specialties. Give us your opinion, it's important to us! 

Signature Authentication and Copy Certification
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What is the difference between attorney authentication and notary authentication? 
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Notary authentication involves certain specific requirements such as security paper and a white seal. In addition, the notary must indicate that the signature was stamped in his immediate physical presence and duly stamp the security paper for signature or fingerprint authentication.     The lawyer's authentication is sufficient to bear the lawyer's signature, seal and indication of the Bar Association identification number.    LexChat ensures total transparency by providing you, from the beginning, with the exact estimate and costs of your process. 

What is the difference between authentication and certification?
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Signatures are authenticated, copies are certified. Signature or fingerprint authentication is the process by which a lawyer or notary certifies the authenticity and validity of a person's signature or fingerprint. Certification is the process by which a notary certifies that a copy of a document is a true and authentic copy of its original.  

Why are original documents needed to certify copies?   
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The original documents are needed for certification because the notary public must attest that the copies are faithful and authentic to the original. 

Affidavit
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What is the difference between the crimes of perjury and false testimony?   
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The crime of false testimony is when a subject (witness, expert, interpreter or translator) fails to tell the truth about facts that are not his or her own but which he or she is aware of.    The crime of perjury is when a subject fails to tell the truth about his or her own facts. 

When do I need an affidavit?   
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Several public institutions require an affidavit before a notary public to validate the veracity of a person's statements. 

Power of attorney
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Can the special power of attorney be for several procedures?  
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No. The special power is to perform a specific act. It's granted for one time only.  

Is the special power of attorney registered in the National Registry?  
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No. The special power of attorney is not registered in the National Registry.  

In a legal entity, who has the authority to grant a special power of attorney?  
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The representative of a company granting a Special Power of Attorney must be previously authorized to do so.  

Is the Universal Power of Attorney registered in the National Register?  
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Yes, the general power of attorney is registered in the National Registry and once it is registered it is assigned a few appointments to be able to request a certification when required.  

Can the Universal Power of Attorney be restricted?  
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Yes. The general power of attorney can be limited to certain actions or to a certain amount of money.   

What is the procedure for a legal person to grant a Universal Power of Attorney?  
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The Universal Power of Attorney must be approved by the General Assembly. Once the agreements are signed, a notary will proceed to notarize the agreements and register the power of attorney in the National Registry.  

Can I grant powers of attorney if I live abroad?
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Yes, you can grant a power of attorney to the nearest Costa Rican consul.

What is an Apostille?
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An apostille is a certification of the authenticity of a signature on a document to be used abroad. In Costa Rica, the authority that issues apostilles is the Ministry of Foreign Affairs. 

Mortgages
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What is a mortgage?
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A mortgage is a process through which a debtor guarantees the payment of a debt to a lender using a property as collateral.

Garments
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What is the difference between a pledge and a guarantee?
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A pledge is the method by which a person guarantees the payment of an obligation or debt to another person by giving them a movable asset (vehicle or company shares, for example) as security. The pledge requires that its registration, modifications and/or cancellation be made in a public deed and registered in the National Registry.

The chattel guarantee guarantee is a new type of credit that is much simpler than the pledge and low cost. By means of the chattel guarantee, an obligation is guaranteed with all kinds of chattels: present, future and even intangible. The movable guarantee contract must be included in the National Registry by the creditor or a third party, in order to have initial publicity. Unlike the pledge, the movable guarantee does not have any registry qualification.

Corporations  
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Can a legal entity be a founding partner of a company?
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Yes, in this case the legal representative of the company is present.   

What is the difference between a S.A. corporation and a Limited Liability corporation?   
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In the corporation, the shares are transferable by endorsement, and it is managed by a board of directors composed of at least three members (president, secretary and treasurer). In addition, a comptroller must be appointed.    In the limited liability corporation the shares are not transferable by endorsement and the company is managed by one or more managers.    In general, both types of companies serve the same purpose.  

What is the Final Beneficiaries Declaration (RTBF)? 
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The Final Beneficiaries Declaration (RTBF) must be submitted annually in April by all companies registered in the National Registry.    To make this declaration you need your digital signature and the information of the shareholders of your company.    If you need help you can check the steps to follow in the Finance's website through the following link   o or write to us and we will help you! 

How can a company be dissolved? 
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In Costa Rica, companies are dissolved for the reasons established in the Commercial Code: i) the expiration of the term; ii) the impossibility of realizing the object pursued by the company; iii) the definitive loss of 50% of the capital stock; iv) partner's agreement.

What is the difference between a S.A. corporation and a Limited Liability corporation?   
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The dissolution and liquidation of a company are the processes that are carried out for the extinction of a company. The dissolution is the process by which the company is extinguished from the legal life, a process that must be registered in the National Registry. The liquidation of a company is the process after the dissolution by which all the company's liabilities are cancelled and the remainder is distributed among the partners.  

Which records should be registered in the National Register?
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All resolutions of shareholders' meetings that modify the constituent agreement of a company, or that require some modification in the appointments, must be registered in the National Registry.

What is the procedure for making changes to the company's statutes?
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The shareholders agreements to make the relevant changes must be presented before a notary public who will pass notarize it and send it to the National Registry for its due registration.

Will
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What is the difference between an open will and a closed will?
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In Costa Rica an open will is made in a public deed before a notary. The closed will is made private, it is delivered in a closed envelope to the notary public who makes a reason in his protocol.

If I've already made a will, can I make a new one?
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Yes, the old will must be revoked and a new one can be made.  

Where do you register the wills?
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Wills granted before a notary public are submitted to the National Archive. 

Title transfer
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Can I make a transfer of a vehicle that has a pledge? 
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Yes, as long as the buyer expressly accepts in the public deed that the vehicle has this encumbrance. Ideally, when you buy a vehicle, it should have no liens or violations. 

What value is used to estimate the cost of the vehicle transfer, the value of the transfer or the tax value?
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To calculate the cost of a transfer, you should use the higher between the tax value or the transfer value.