The costs of a binding advice

The costs of a binding advice

The costs of the binding opinion consist of: (i) NAI administration fees and (ii) the binding advisor’s fee and disbursements, (iii) the costs of legal assistance and (iv) any other costs which, in the opinion of the binding advisor, were necessarily incurred in connection with the binding opinion procedure. For the relevant Articles of the Rules (Articles 45, 46, 47, 48, 49 and 50 and Appendix A), click here.

Costs calculator

The NAI offers a calculator to estimate the costs of a binding advisory procedure. This cost estimate includes the NAI’s administration fees and the costs of the binding advisory board. The costs of the binding advisors are based on an hourly rate and also include disbursements. The costs for the appointment of a binding advisor in an ad hoc procedure consist of administration fees set at €3,000 excluding VAT. The NAI does not determine an hourly rate for the binding advisor or any other payment arrangement, and the NAI does not require a deposit from the parties.

The hourly rates of the binding advisers and secretaries can be found below.

You must enter a rounded amount for the monetary interest, without dots or commas.

No rights can be derived from the estimate of the costs of the binding advice procedure based on the cost calculator.

NAI administration fees

The administration fees are calculated on the basis of the total monetary interest of the claims using the scale set by the board in Appendix A to the Rules. This scale may be amended by the board in accordance with the provisions of Article 54. If the administration fees cannot be calculated on the basis of the scale, the administrator will decide.

Appendix A – Administration fees excluding VAT

To calculate the NAI administration fees, the amounts calculated for each step in the scale must be added together, except in cases where the total monetary interest of the claim is less than €25,000 or equal to or greater than €250 million, in which case a fixed amount of €660 or €75, respectively, will cover the administration fees. 000 will cover the administration fees.

Example calculation based on a total monetary interest of €137,520:

Up to €25,000 €660

€25,000 – €50,000: €25,000 * 0.60% = €150
€50,000 – €75,000: €25,000 * 0.96% = €240
€75,000 – €100,000: €25,000 * 0.85% = €212.50
€100,000 – €137,520: €37,520 * 0.45% = €168.84
Total = €1,431.3

The binding advisor’s fee and expenses

The fee and disbursements of the binding adviser shall be determined by the administrator in consultation with the binding adviser, in all reasonableness. When determining the fee, account shall be taken of the time spent by the binding adviser(s) on the binding advice procedure, the monetary interest of the claim(s) and the complexity of the binding advice procedure.