Notarial activity
Notarial activity – as a complex field of law, is a legal guarantor of the implementation of civil rights and interests of individuals and legal entities, as well as the indisputable registration of civil turnover relations. It covers the confirmation of indisputable rights and facts by notaries with the powers granted by the state authorities and this set of notarial acts.
Notary in the Republic of Azerbaijan means the persons collectively authorized to perform the legal actions (notarial acts) provided by the “Notary Law” of the Republic of Azerbaijan.
Confirmation of rights, legal facts and other notarial actions for preparation of official and true documents in the Republic of Azerbaijan belong to notarial activity and such activity can be carried out only by the persons considered and determined by the legislation.
A person who is professionally engaged in notarial activities is called a notary.
The citizen of the Republic of Azerbaijan holding a law degree, at least 3 years of service as a lawyer, moral qualities, and professional skills can become a notary. The persons having dual citizenship, obligations to other states, a religious figure, the persons formerly dismissed for violating requirements of the legislation, considered incapable or with limited legal capacity, previously committed a crime and sentenced, against whom a legally binding court ruling has been issued to restrict notarial activities and to enforce compulsory medical measures, as well as an order of a law-enforcement investigative body or court ruling to terminate a criminal offense without a justification, not capable to practise the profession of notary based on the medical certificate due to physical and intellectual defects, the person who has reached the age of 65 shall not become a notary. A person who meets the aforementioned requirements and wishes to become a notary must obtain a certificate to perform notarial activities.
According to the “Notary Law” of the Republic of Azerbaijan, a notary performs the following notarial acts:
1) certifies transactions and power of attorney;
2) takes measures to protect the inherited property;
3) issues certificates of inheritance;
4) issues title certificates to a share in the common property of the spouses;
5) issues certificates on the acquisition of dwelling houses, apartments at a public auction;
6) certifies the accuracy of the copies of documents and extracts therefrom;
7) certifies the authenticity of the signatures on the documents;
8) certifies the accuracy of translation of documents from one language into another;
9) certifies the fact that a person is alive;
10) certifies the fact that a person is in a certain place;
11) verifies a person’s identity with a photo;
12) certifies the time of submission of documents
13) submits the applications and documents of individuals and legal entities to other individuals and legal entities;
14) accepts the object of obligation fulfilment for safekeeping, monies, securities and testaments for deposit;
15) issues writs;
16) draws up protests of bills;
17) presents cheques for payment and certify non-payment of cheques;
18) accepts documents for safekeeping;
19) draws up sea protests;
20) provides evidence.
A notary may carry out the acts established by the “Notary Law”, compile projects of acts, applications and other documents, make copies and extracts, give advice on notarial acts, require necessary documents and information from individuals and legal entities to conduct notarial acts.
While performing his/her duties, notary shall explain to individuals and legal entities their rights and duties related to the notarial act, assist to implement these rights and protect their legal interests, warn them of the consequences of notarial acts to prevent harm that may arise from legal ignorance, comply with the requirements of the legislation, keep confidential the information known to him in connection with the implementation of professional activities.
Notaries shall comply with the requirements of the “Code of Ethics of Notaries”.
Latin (continental) notary system