RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of July 10, 2000 No. 116

About approval of the Procedure for the certificate by the corresponding officials of the documents equated to certified in notarial procedure

For the purpose of ensuring execution of the Presidential decree of the Azerbaijan Republic "About application of the Law of the Azerbaijan Republic "About notariate" of January 18, 2000 the No. 26s Cabinet of Ministers of the Azerbaijan Republic decides:

1. Approve "The procedure for the certificate certified in notarial procedure" (is applied) by the corresponding officials of the documents equated to.

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

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of July 10, 2000 No. 116

Procedure for the certificate the corresponding officials of the documents equated to certified in notarial procedure

I. General provisions

1. This Procedure in pursuance of the Presidential decree of the Azerbaijan Republic of January 18, 2000 No. 261 and according to requirements of the Civil code of the Azerbaijan Republic and the Law of the Azerbaijan Republic "About notariate" determines procedure for the certificate the corresponding officials of documents (wills and powers of attorney) equated to certified in notarial procedure.

2. Based on Articles 362. 3, 1181 Civil code of the Azerbaijan Republic the wills and powers of attorney certified by the officials specified in Item 1 of part II and Item 1 of part III of this Procedure are equated to the wills and powers of attorney certified in notarial procedure and further in this Procedure such persons will hereinafter be referred to as as "the corresponding officials".

3. The corresponding official in case of the certificate of the documents equated to certified in notarial procedure, in the activities is guided by the Constitution of the Azerbaijan Republic, the Law of the Azerbaijan Republic "About notariate", other laws of the Azerbaijan Republic, and also normative legal documents accepted by the Cabinet of Ministers of the Azerbaijan Republic and the Ministry of Justice of the Azerbaijan Republic within their powers.

4. The corresponding official shall observe the secrecy of the wills and powers of attorney certified by it.

Data, references and documents on the certified power of attorney are issued only to the principal or confidential.

Data, references and documents on the certified power of attorney are issued upon the demand of court, investigation authorities and inquiry in connection with the specific criminal or civil cases which are in their production only based on written requirements of these bodies.

References and data on existence of the will, its content are, etc. issued only after the death of the testator upon presentation of the death certificate.

The corresponding official, the witness and persons which signed the will instead of the testator before opening of inheritance has no right to open the data concerning contents of the will, its creation, change or cancellation.

Rules about observance of secrecy of the certified documents extend also to persons who received data on these documents in connection with accomplishment of the service duties.

Persons guilty of disclosure of secrecy of the certified documents, bear responsibility according to the procedure, stipulated by the legislation.

5. The corresponding official certifying wills and powers of attorney shall render assistance to persons who addressed it with such purpose, in implementation of their rights and protection of legitimate interests, to explain them the rights and obligations, to warn about consequences of the certificate of documents legal lack of information could not be used by it to the detriment.

In necessary cases the corresponding official at the request of persons who addressed for the certificate of wills and powers of attorney, constitutes drafts of wills and powers of attorney, and also makes explanations on making of notarial actions.

If necessary the corresponding official at the request of the addressed persons constitutes the draft of the will or the power of attorney.

6. According to article 13 of the Law of the Azerbaijan Republic "About notariate" the clerical work according to the certified wills and powers of attorney is conducted in state language of the Azerbaijan Republic.

If the addressed person does not know this language or asks to process documents in other language, then the corresponding official constitutes the document in the requested language by own efforts or by means of the translator familiar to it, or the text of the document is translated.

If person does not know language in which the document is constituted, it signs it in that language which knows.

7. In case of the certificate of wills and powers of attorney the corresponding official identifies the personality of persons who addressed for the certificate of these documents, and also participants and witnesses.

The personality of physical persons is identified based on the identity certificate or other identity document.

The personality of physical persons is identified based on the identity certificate or the military ID issued by command of military units and military organizations.

The identity of persons serving sentences in places of detention is established based on identity documents which are stored in such institutions in personal records.

In case of the certificate of wills and powers of attorney the corresponding official finds out capacity to act of persons who addressed it, participants and witnesses and checks fidelity of their signatures.

8. The corresponding official certifies wills and powers of attorney of persons which reached 18 years and also persons which did not reach 18 years, but according to the current legislation which acquired capacity to act in full.

9. In the certified wills and powers of attorney surname, the name, middle name and the residence of person according to the identity document are completely entered.

Wills and powers of attorney are signed in the presence of the corresponding official. If the will and the power of attorney are signed not in the presence of the corresponding official, then person which signed them shall certify personally that the document is signed by it with own hand.

10. In case of issue of the power of attorney by means of the representative its power is checked. Power of the representative is determined by the power of attorney issued on his name.

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