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RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of September 11, 2000 No. 167

About approval of the Instruction about procedure for making of notarial actions

(The last edition from 26-12-2017)

For the purpose of ensuring execution of the Presidential decree of the Azerbaijan Republic of January 18, 2000 "About application of the Law of the Azerbaijan Republic "About notariate" the Cabinet of Ministers of the Azerbaijan Republic decides No. 261:

1. Approve "The instruction about procedure for making of notarial actions" it (is applied).

2. This Resolution becomes effective from the date of signing.

Prime Minister of the Azerbaijan Republic

Artur Rasi-Zade

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of September 11, 2000 No. 167

The instruction about procedure for making of notarial actions in the Azerbaijan Republic

Section I. General provisions

1. This Instruction is prepared for the purpose of ensuring execution of the Presidential decree of the Azerbaijan Republic of January 18, 2000 No. 261 and establishes procedure for making of notarial actions by the state and private notaries.

1-1. Representatives of chief executives of the area, city, urban area to making of notarial actions according to article 18 of the Law of the Azerbaijan Republic "About notariate" are guided by relevant provisions of this Instruction.

2. According to articles 17 and 26 of the Law of the Azerbaijan Republic "About notariate" the notary makes the following notarial actions:

1) certifies transactions and powers of attorney;

2) takes measures to protection of heritable property;

3) grants certificates on the right to inheritance;

4) grants certificates on the property right to share in common property of spouses;

5) grants certificates on acquisition of apartment houses and apartments on open auction;

6) is witnessed by fidelity of copies of documents and statements from documents;

7) is witnessed by authenticity of signatures on documents;

8) witnesses fidelity of transfer of documents from one language on another;

9) is certified by the fact of finding of person in live;

10) is certified by the fact of finding of person in certain place;

11) is certified by identity of person with person represented in the photo;

12) is certified by time of production of documents;

13) transfers statements of physical persons and legal entities to other physical persons and legal entities;

14) the obligation fulfillment subject, on the deposit accepts on storage sums of money, securities and wills;

15) makes executive texts;

16) makes protests of bills of exchange;

17) shows checks to payment and certifies non-payment of checks;

18) accepts documents on storage;

19) makes ship's protests;

20) provides proofs.

By the legislation of the Azerbaijan Republic making and other notarial actions can be assigned to the notary public.

3. Notarial actions are made by the notary public (the senior notary public, the notary public) and the private notary.

4. According to article 2 of the Law of the Azerbaijan Republic "About notariate" when making notarial actions it is necessary to be guided by the Constitution of the Azerbaijan Republic, the Law of the Azerbaijan Republic "About notariate", other laws of the Azerbaijan Republic, and also regulations which are not contradicting the Law of the Azerbaijan Republic "About notariate" accepted by the Cabinet of Ministers of the Azerbaijan Republic and the Ministry of Justice of the Azerbaijan Republic within their competence and this Instruction.

5. The notary can make the actions provided by the Law of the Azerbaijan Republic "About notariate", constitute drafts of transactions, statements and other documents, to produce copies of documents and the statement from them, to make explanations in connection with making of notarial actions, to request from documents and data physical persons and legal entities, to give the reasonable written requests connected with receipt of data from the state real estate register necessary for making of the specified actions.

Making of the specified actions can be entrusted to the consultants who are in staff of office of notary public and also consultants of the private notary.

6. When implementing the obligations the notary shall:

a) explain to physical persons and legal entities of their right and obligation in connection with the made notarial actions, to render assistance in implementation of their rights and protection of legitimate interests;

b) warn them about effects of the made notarial actions legal lack of information could not be used by it to the detriment;

c) observe the Law of the Azerbaijan Republic "About notariate" and other legal acts of the Azerbaijan Republic, keep in secret data which became known to it in connection with implementation of its professional activity;

d) The notary shall observe requirements of the Code of ethical behavior of the notary;

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