Notarial acts

Approval of deals and powers of attorney - According to article № 45 of the “Notary Law” of the Republic of Azerbaijan, notaries within their powers approve transactions that must be notarized and other transactions at the request of the parties in cases stipulated by the legislation of the Republic of Azerbaijan. Notaries explain to the parties the meaning and significance of the approved agreements and check the content of these agreements in accordance with the law and the real intentions of the parties. Only parents, adoptive parents and guardians, who are legal representatives of minors, may enter into transactions on behalf of minors under the age of 14, as well as individuals who are considered legally incapable. Minors between the ages of 14 and 18 and persons with limited legal capacity may enter into transactions with the consent of their legal representatives (in the event of the death or missing of one of the parents), as well as the adoptive parents or guardians. The authenticity of the signature on the letter of consent must be notarized in that notary office, after which the transaction must be signed by a minor or a ward. If legal entities are involved in the transaction, notaries check the legal capacity of the legal entities involved in the transaction. Notaries also check compatibility of notarial acts to their Charters or Statutes.

Approval of agreements on alienation and pledge of property - While notarizing transactions on alienation and pledge of property, the documents confirming the right of ownership to the alienated or pledged property, certificate on vehicles, as well as document on inspection given by the relevant executive authority of the Azerbaijan Republic (State Traffic Police Department of the Ministry of Internal Affairs of the Azerbaijan Republic) must be submitted to notary. In order to confirm the transaction on disposal of property of spouses, a letter of consent of husband/wife is required. While approving transactions on alienation or pledge of residential house, apartment, garden, country house, garage, plot of land, prohibition or seizure of property needs to be checked. In case of prohibition, the agreement on alienation of property may be approved only with the consent of the creditor and the recipient of the property.

Approval of wills - Notaries certify wills drawn up by individuals with legal capacity in accordance with the requirements of the legislation and submitted to the notary in person. It is prohibited to certify wills through a representative, as well as to approve one will on behalf of several persons. Only the joint testament of the spouses on mutual inheritance is allowed. When approving a will, the testator is not required to provide evidence of ownership of the bequeathed property.

Approval of powers of attorney - A notary may certify a power of attorney issued by one or more persons to one or more persons. The power of attorney can be issued for any period (except for the power of attorney providing the right to dispose of the vehicle). A power of attorney providing the right to dispose of a vehicle may not be issued for a period of more than one year. The term of the power of attorney for the drive of the vehicle may not exceed the period of validity of the driver's license. The notary also checks whether the trustee has the appropriate rank to drive a trusted vehicle on the basis of a driver's license. A power of attorney issued under the basic power of attorney with the power to transfer the authorities to another person shall not entitle more powers and its term cannot exceed the period of validity of the basic power of attorney.

Taking measures to protect inherited property – According to the article № 51 of the “Notary Law” of the Republic of Azerbaijan, before the acceptance of the inheritance, the notary at the place of opening of the inheritance shall, if necessary, take measures to protect the inheritance. This rule also applies if the heir is unknown or it is not known whether he has accepted the inheritance. If the testator's property or part of the property is outside the place where the inheritance is opened, the notary at the place of opening the inheritance shall instruct the notary at the place of the inherited property or representatives of the district, city or city executive authority to take measures to protect the property. The notary who has taken measures to protect the inherited property shall inform the notary at the place where the inheritance has been opened about the measures taken. Thus, a notary at the place of property may take measures for protection of inheritance by informing a notary at the place of opening of inheritance.

Issuance of certificates of inheritance – According to the article № 57 of the “Notary Law” of the Republic of Azerbaijan, the notary of the place where the inheritance is opened shall issue a certificate on the right of inheritance to the heirs and the state to the inherited property. The certificate on the right of inheritance is issued to the heirs after six months from the date of opening of the inheritance. The certificate on the right of inheritance shall be issued to all heirs or to each of them separately, depending on their wishes, upon the written application of the heirs who have accepted the inheritance in accordance with the procedure established by the civil legislation. When issuing certificates on the right of inheritance under the law and will, the notary shall determine the fact of death of the testator, whether a will exists or not, whether the will was changed or not, the time and place of opening the inheritance, whether there are persons entitled to a mandatory share in the inheritance, also shall verify the relationship of the persons applying for the issuance of the certificate with the testator, the composition and location of the inherited property in respect of which the certificate is issued, by requesting relevant evidence. If the inherited property includes real estate, the notary requires a legal document confirming that the real estate belongs to the testator, a certificate on whether the alienation of real estate is prohibited or whether the property is seized. Heirs who have exceeded the period of acceptance of the inheritance may be included in the certificate of the right to inherit with the written consent of all other heirs who have accepted the inheritance. The consent is submitted by the notary before the issuance of the certificate of inheritance. 

Issuance of certificates of ownership of shares in the common property of the spouses – “According to the article № 61 of the “Notary Law” of the Republic of Azerbaijan, a notary issues a certificate of ownership to one or both spouses for a share in the common property acquired during the joint marriage on the basis of a joint written application. The certificate can be issued to each of the spouses both during and after the marriage. Thus, the property acquired by the spouses during the marriage is considered their common property, unless otherwise provided by the marriage contract or agreement between them. In the event of the death of one of the spouses, the certificate of ownership of the share in the common property of the spouses is issued to wife/husband on the basis of his/her application, in this case, the notary of the place where the inheritance was opened must provide information to the heirs of the testator who accepted the inheritance. The certificate can be issued for half of the common property. The share of the deceased husband (wife) in the common property may also be determined in the certificate of property right with the consent of the husband (wife) who is alive on the basis of a written application of the heirs who accepted the inheritance.

Issuance of certificates of acquisition of residential houses and apartments at the open auction – “In accordance with Article № 64 of the "Notary Law" of the Republic of Azerbaijan, the acquisition of residential houses at the open auction is formalized on the basis of issuance of certificate by notary of the location. If the auction does not take place, a certificate of acquisition of a dwelling house shall be issued to the claimant. The certificate is issued on the basis of a copy of the act on the sale of the house by open auction or the transfer of the house to the claimant in connection with the failure of the auction.

Certification of copies of documents and extracts from documents – “According to the article № 64 of the "Notary Law" of the Republic of Azerbaijan, a notary certifies the accuracy of copies of documents and extracts from documents. The authenticity of copies of documents issued by departments, enterprises and organizations confirms that these documents do not contradict the law, have legal significance, and that the law does not prohibit the verification of copies of documents and extracts from documents. The authenticity of a copy of a document issued by a person shall be certified if the authenticity of a signer’s signature is notarized by a notary, the relevant executive authority (representatives of the head of the local executive authority in administrative districts) or by the department where the person works, studies or is treated. A notary also certifies authenticity of copies of documents or information obtained through electronic information systems or resources, as well as internet information resources.

Confirmation of authenticity of signatures in documents – According to the article № 67 of the "Notary Law" of the Republic of Azerbaijan, a notary certifies the authenticity of signatures in documents that do not contradict the law and do not contain an interpretation of the transaction, as well as information that humiliates human honor and dignity.  A notary may certify the authenticity of the signature of a signer in the agreement instead of the person who is unable to sign due to physical defects, illness or other valid reasons. When certifying the authenticity of a signature, the notary certifies the authenticity of the signature of a certain person, not the facts described in the document.

Confirmation of correctness of translation of documents from one language to another – According to the article № 68 of the "Notary Law" of the Republic of Azerbaijan, if a notary knows the relevant languages, he can confirm the correctness of translation of documents from one language to another. If the notary does not know the relevant languages, the documents must be translated by an interpreter, and the authenticity of his signature must be notarized. In a document translated into several languages, the translator's signature is certified separately for each language. If the person applying for the notarial act does not know the state language, the notary's explanations and warnings shall be translated by the translator to the applicant and the note about this shall be indicated in the document. In this case, the translator's signature is notarized.

Confirmation of the fact that the person is alive – According to the article № 69 of the "Notary Law" of the Republic of Azerbaijan, a notary confirms the fact that the person is alive at the request of the person. The fact of being alive of minors under 14 years of age is confirmed at the request of their legal representatives (parents, adoptive parents, guardians), and the fact of being alive of minors between 14 and 18 years of age is confirmed at their own request and with the consent of their legal representatives (parents, adoptive parents, guardians). The fact of being alive is determined both when he comes to the notary and when the notary confirms this fact outside the building where the notary is located. The notary issues to the interested persons a certificate confirming the fact that the person is alive.

Confirmation of the fact that the person is in a certain place – According to the article № 70 of the "Notary Law" of the Republic of Azerbaijan, a notary confirms the fact that the person is in a certain place at the request of the person. The fact that minors under the age of 14 are in a certain place is confirmed at the request of their legal representatives (parents, adoptive parents, guardians), and the fact that minors between the ages of 14 and 18 are in a certain place is confirmed at their own request and with the consent of their legal representatives (parents, adoptive parents, guardians). The fact that a person is in a certain place is determined both when he comes to the notary and when the notary confirms this fact outside the building where the notary is located. The notary issues to the interested persons a certificate confirming the fact that a person is in a certain place.

Confirmation of the identity of the person in the photo – According to the article № 71 of the "Notary Law" of the Republic of Azerbaijan, a notary confirms the identity of the person in the photo and issues a certificate at the request of the person, if he does not doubt his identity with the person in the photo. If the notary doubts the identity of the person in the photo, without confirming the fact, he explains to him the right to apply to court on this issue.

Confirmation of the time of submission of documents – According to the article № 72 of the "Notary Law" of the Republic of Azerbaijan, a notary certifies the time of submission of the document on the application of individuals, departments, enterprises and organizations. The need for this notarial act arises when a person arrives at the organization to which he was sent for business trip on time, but at that time the organization is liquidated. In this case, the notary certifies the time of submission of the business trip. At the time of submission, the approved documents include descriptions of various types of inventions, abstracts, etc. The notary shall determine the identity of the person who submitted the document. The confirmation note confirming the time of submission of the document to the notary shall be made in the document indicating the person who submitted the document. If several documents are submitted at the same time, the confirmation note is recorded separately in each document and the state fee is charged separately for each document. If a document is expressed on several sheets, the notary must fasten them, sign the number of sheets and stamp them with a personal coat of arms.

Submission of applications and documents of individuals, departments, enterprises and organizations – According to the article № 73 of the "Notary Law" of the Republic of Azerbaijan, a notary may transfer applications or documents on paper or electronic media of individuals, administrations, enterprises and organizations, the content of which does not contradict the law and does not contain information that humiliates the honor and dignity to other individuals, administrations, enterprises and organizations. Applications and documents shall be submitted by mail or in person with the condition of feedback on paper. Applications or other documents submitted on paper may be submitted by a notary to other persons, as well as through information systems using technical means. In this case, the notary prepares an electronic copy on the basis of an application or other document submitted on paper. Identification of an electronic copy of a document prepared with a paper application or other document shall be confirmed by an electronic signature of a notary. The content of applications or other documents submitted in electronic form may be identified by transferring them to a paper carrier prepared by a notary. In this case, the notary checks the electronic signature of the person who sent the application or other document in accordance with the Law of the Republic of Azerbaijan "On electronic signature and electronic document", prints it on paper and confirms it with his signature and seal. After the electronic application or other document is transferred to the paper carrier, it shall be sent in accordance with the second part of this Article. Certificate on submission of applications or other documents, as well as compliance of applications or other documents in paper or electronically with their electronic or paper copies is given.

Acceptance of the subject of execution of the obligation for safekeeping, deposit of money, securities and wills – According to the article № 74 of the "Notary Law" of the Republic of Azerbaijan, a notary accepts money and securities from the debtor who is obliged to keep the subject of execution of the obligation to be transferred to the creditor in cases stipulated by the legislation. The notary shall ensure the storage of wills provided in article № 1187 of the Civil Code of the Republic of Azerbaijan by depositing them. The notary informs the creditor about the receipt of money and securities of the subject of execution of the obligation and at the request of the creditor gives him this amount or securities. To keep the subject of execution of the obligation, the notary of the place of execution accepts money and securities.

Conduction of executory endorsement – “According to the article № 76 of the "Notary Law" of the Republic of Azerbaijan, a notary at the debtor's place of residence shall compile executory endorsement in the documents defining the debt in order to seize money from the debtor or demand property. Executory endorsements shall be conducted only if the submitted documents confirm that the debt is undisputed and the period provided for in the third part of this article has not expired. State bodies, as well as legal entities and individuals may apply in electronic form using an electronic signature in accordance with the Law of the Republic of Azerbaijan “On Electronic Signature and Electronic Document”. Individuals can also apply to notary offices in writing. The claimant must send a notice to the debtor by registered mail at least 20 days prior to the date of his application to the notary office for the executory endorsement, if the claim is not executed. The form of the notification shall be determined by the relevant executive authority of the Azerbaijan Republic (Ministry of Justice of the Republic of Azerbaijan). The procedure for sending a notification on directing the deduction to the subject of the mortgage and the period for conducting a writ of execution by a notary after this notification shall be regulated by the “Mortgage Law” of the Republic of Azerbaijan. The notification, the document confirming its delivery to the debtor, the reply letter of the debtor (if there is a reply letter) and the documents identifying the debt shall be attached to the application for executory endorsement.

Compilation of protests against promissory notes – According to the article № 80 of the "Notary Law" of the Republic of Azerbaijan, notaries protest against unpaid, unaccepted bills or bills without acceptance date in accordance with articles № 1032-1033 of the Civil Code of the Republic of Azerbaijan.

Acceptance of checks to submit for payment and confirmation of non-payment of checks – According to the article № 81 of the "Notary Law" of the Republic of Azerbaijan, notaries at the payer's place of residence shall accept checks for payment ten days after the issuance of the check, and for foreign checks six months after the issuance of the check, but not later than 12 o'clock the next day. If the check is not paid, the notary confirms that the check has not been paid by making a note on the check in the prescribed form and records it in the register. In addition to making a note on the check, the notary sends a letter to the issuer of the check stating that the check has not been paid by the bank and that a note has been made on the check. In case of non-payment of the check, the notary shall compile an executory endorsement at the request of the check holder.

Acceptance of documents for storage – “Notariat haqqında” Azərbaycan Respublikası Qanununun 84-cü maddəsinə əsasən notariuslar sənədləri saxlanılmaq üçün siyahı üzrə qəbul edirlər. Siyahının bir nüsxəsi notariusda, ikincisi isə sənədləri saxlanılmaq üçün təhvil vermiş şəxsdə qalır. Sənədlər notariusun iştirakı ilə lazımi qaydada qablaşdırılmışdırsa, notarius şəxsin xahişi ilə sənədləri siyahısız qəbul edə bilər. Qablaşdırma notariusun möhürü, onun və sənədləri saxlanılmaq üçün təhlil verən şəxsin imzaları ilə təsdiq edilir. Sənədləri saxlanılmaq üçün təhlil vermiş şəxsə isə müəyyən olunmuş formada şəhadətnamə verilir. Saxlanılmaq üçün qəbul edilmiş sənədlər onları saxlanılmağa təhvil vermiş şəxsin və ya müvəkkil edilmiş şəxsin tələbi üzrə şəhadətnamə və siyahının nüsxəsi təqdim olunduqda, yaxud məhkəmənin qərarı əsasında qaytarılır.

Compilation of Maritime Protests – According to the article № 82 of the "Notary Law" of the Republic of Azerbaijan, a notary accepts an application of ship’s captain on the matter which may be a basis for property claims to a ship owner and which arises during voyage or when a ship stops. The notary draws up a maritime protest act based on the application of the captain of the ship, the information in the ship's logbook, as well as the interrogation of the captain himself and, if possible, at least four witnesses from the ship's crew, including two crew members, and signs and seals it. A copy of the act shall be given to the captain or a person authorized by him.

Provision of Evidence – According to the article № 86 of the "Notary Law" of the Republic of Azerbaijan, a notary may, at the request of interested parties, provide evidence that will be necessary at the beginning of the case in court, investigation or inquiry bodies. The notary shall not provide evidence on cases pending before a court, investigation or inquiry body when interested persons apply to him. The notary shall be guided by the relevant rules of the Code of Civil Procedure of the Republic of Azerbaijan when performing procedural actions in the field of providing evidence.