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LAW OF THE REPUBLIC OF MOLDOVA

of November 15, 2018 No. 246

About the notarial procedure

The Parliament adopts this organic law.

Chapter I General provisions

Article 1. Field of regulation

(1) This law establishes the principles of the notarial procedure, competence of the notary, the procedure of making of notarial acts and accomplishment of notarial actions and requirements imposed to them.

(2) Provisions of this law extend to the notaries and other persons authorized by the law for the certificate of transactions and assurance of copies, statements and signatures of documents.

Article 2. Principles of the notarial procedure

The notarial procedure is regulated by the following principles:

a) legality;

b) independence of the notary and strict subordination to the law;

c) equalities of all persons for which notarial acts, and lack of discrimination are made;

d) impartiality;

e) confidentiality;

f) indisputability of the notarial procedure.

Article 3. Ensuring confidentiality

(1) the Notary creates necessary conditions for ensuring confidentiality in the bureau. If the notarial act is made outside premises of bureau of the notary, the applicant of the notarial act shall provide creation of necessary conditions for preserving confidentiality.

(2) the Notary, the notary-trainee and personnel providing activities of the notary shall keep professional secrecy concerning the acts and the facts which became to them known in connection with activities implementation, even after the termination of activities or, respectively, employment relationships, except as specified, when they are exempted from this obligation by the law, persons which provided information, subjects of personal data or, on circumstances, degree of jurisdiction.

(3) the third parties can participate In making of the notarial act if the applicant of the notarial act demanded it the corresponding statement. In that case the notary establishes identity of the third parties participating in making of the act and demands from them to provide the declaration on confidentiality.

(4) the Sample of the declaration on confidentiality affirms Notarial chamber.

Article 4. Notarial activities

The notary for the purpose of execution of the obligations provided by the law performs notarial activities by means of making of notarial acts, accomplishment of notarial actions and notarial procedures and provision of consultations concerning notariate.

Article 5. Notarial act and notarial action

(1) the Transaction is made in the form of the notarial certificate based on the law or at the request of the interested person.

(2) the Notarial act is made at the request of the parties in writing if the law does not provide other.

(3) the Notarial act is made in the form of the notarial certificate, assurance and certification.

(4) the Notarial act in addition to the text stating contents of the transaction without fail contains surname, name, the sign and seal of the notary, and also the conclusion of rather established facts and circumstances established personally by the notary without which the notarial act is invalid.

(5) In heritable production, the procedure of establishment of the facts provided by the law, acceptances in the deposit of financial resources, financial records and tools, acceptances on document storage and in other cases provided by the law the appropriate certificate is granted.

(6) the Notarial act and certifying text are made on paper or in electronic form, having identical legal force.

(7) in case of making of notarial acts on special forms of the strict reporting they are registered in the Ministry of Justice. Form and content of special forms for making of notarial acts affirm the Ministry of Justice.

(8) the Notarial act with seal and the signature of the notary is the act of the public power, has presumption of legality and reliability, having provided by the law evidential and, on circumstances, executive force.

(9) Notarial actions are all actions and acts of the notary undertaken and made by him for establishment of the facts and circumstances necessary for making and execution of the notarial act or accomplishment of the notarial procedure. The provisions of this law relating to the notarial act are applicable also to notarial actions in that measure in what the law does not provide other.

Chapter II General rules of making of notarial acts

Article 6. Place of making of notarial acts

(1) Notarial acts are made in the location of bureau of the notary in its room in the working days according to the working schedule which is hung out in bureau.

(2) When it is required by the facts of the case, and notarial acts cannot be made otherwise, the notarial act at the request of persons can be by way of exception and in the presence to that the bases it is made in non-working days and/or hours out of the bureau location, within the activities territory.

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