ORDER OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF MOLDOVA

of April 4, 2017 No. 207

About approval of the Regulations on requirements for arrangement of bureau of the notary

According to part (2) article 32 of the Law No. 69 of April 14, 2016 on the organization of notarial activities (The official monitor of the Republic of Moldova, 2016, 588) I order to Art. No. 277-287,:

1. Approve Regulations on requirements for arrangement of bureau of the notary according to appendix.

2. Control of compliance of bureau of the notary to the established requirements is exercised by Notarial chamber before investment of the notary powers for implementation of notarial activities or, occasionally, after renewal of notarial activities.

3. Notaries shall within no more than 2 years from the date of entry into force of this order equip the bureaus according to the established requirements for arrangement.

4. After the expiration provided in the item 3, to Notarial chamber to carry out control of compliance of bureau of the notary to the established requirements for arrangement and, occasionally, to issue the certificate of conformity of bureau of the notary to the established requirements.

5. Publish this order in the Official monitor of the Republic of Moldova.

Appendix

to the Order of the Minister of Justice of the Republic of Moldova of April 4, 2017 No. 207

Regulations on requirements for arrangement of bureau of the notary

I. General provisions

1. This provision establishes requirements for arrangement of bureau of the notary regardless of form of the organization of activities of the notary (individual bureau or the joint bureau), and also procedure for test of compliance of bureau of the notary to relevant requirements for the purpose of ensuring access of citizens to high-quality notarial services, storage of professional secrecy and archive of notarial activities.

2. The bureau of the notary is located so that to provide to it open entry to applicants of acts, actions and notarial procedures, inclusive persons with limited opportunities.

II. Requirements for arrangement of bureau of the notary

3. The bureau of the notary shall have the sufficient area and shall be equipped according to requirements of this provision and regulations about labor safety.

4. At entrance to notarial bureau information panel which shall correspond to the single sample approved by Notarial chamber, as well as panel with the schedule of work of the notary is established.

5. The notary has the right to determine independently the number of rooms, their functional purpose, arrangement and the area, having provided at least the following spaces:

1) the room for the notary;

2) the room for visitors (waiting room);

3) the room for the secretariat;

4) the room for storage of archive.

6. In case of the joint bureau in which notaries perform the activities the rooms provided by the subitem 2) - 4) Item 5, can be used by them jointly.

7. The notary head of training shall have the sufficient area to provide necessary conditions for holding training.

8. Placements to bureau of the notary shall be rather lit, equipped with chairs and other necessary furniture.

9. The room for the notary shall be isolated from other spaces of bureau of the notary, have the safe to provide storage of official stamp, special forms as well support of the digital signature of the notary.

10. The certain room or hall (hall) of the building can be the waiting room if the bureau of the notary is located in the block in which more persons or other organizations work.

11. In the waiting room in the place, available to viewing, the following information shall be hung out about:

1) address, phone number, e-mail address, either other contact information of the notary or, occasionally, notaries;

2) amount of the state tax;

3) amount of payment for notarial assistance;

4) privileges and reduced payment for rendering notarial assistance.

12. In the waiting room editing and creation of notarial acts is not allowed.

13. The room for the secretariat shall be equipped with the equipment so that effective implementation of secretarial works (phone, the computer, the printer, the photocopier, the fax, etc.) was provided.

14. The personnel of bureau of the notary in operating time carry badge with indication of surname, name and position.

15. The room for storage of archive of notarial activities gets out and equipped with the notary taking into account need of creation and providing the following conditions:

1) safety for preserving integrity of archive during the period established by the legislation;

2) prevention of loss or damage of notarial acts;

3) immediate access in the permitted cases.

16. For the beginning notaries the requirement about ownership of the room for archive is obligatory after the expiration of 3 years from the moment of their investment by powers for implementation of notarial activities. Before the expiration of this term notaries store archive of notarial activities in metal case with observance of the conditions provided in Item 15.

17. The archive of notarial activities can be stored or in bureau of the notary, or in other rooms which are specially equipped for archive in the conditions established by the current legislation.

III. Check of compliance of bureau of the notary to requirements for arrangement

18. For the purpose of check of compliance of bureau of the notary to the established requirements for arrangement Council of Notarial chamber creates the commission on check of bureau of notaries (further the commission).

19. Compliance of bureau of the notary to the established requirements for arrangement is confirmed by the certificate on compliance of bureau of the notary to the requirements for arrangement (further - the certificate) issued by Notarial chamber. The form of the certificate affirms Council of Notarial chamber.

20. The application for issue of the certificate is submitted to Notarial chamber with familiarizing:

1) the document confirming the property right or uses of the real estate as bureau of the notary;

2) the act confirming connection to the Internet, electronic registers the established law;

3) agreements on provision of security services of bureau of the notary;

4) agreements on provision of telephone services.

21. The commission checks on site compliance of bureau of the notary to the established requirements for arrangement and issues the conclusion about compliance of bureau to the established requirements for arrangement based on which the Notarial chamber issues to the notary the certificate.

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