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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.

(3) the Applicant of making of the notarial act out of the location of bureau of the notary and/or brings to time off according to the law the expenses connected with it.

Article 7. Terms of making of the notarial act

(1) the Notarial act is made in reasonable time, established jointly by the notary and the applicant of the notarial act according to preliminary record. Reasonable time is determined depending on complexity of the act, time necessary on obtaining and submission of necessary documents, availability at the parties of the act of opportunity to be in bureau of the notary and, depending on case, other circumstances.

(2) Depending on complexity or need to take certain measures and actions for the purpose of verification of the additional data necessary for making of the notarial act, the notary or the parties can demand to postpone making of the notarial act to reasonable time which is brought to the attention of applicants of the notarial act.

Article 8. Refusal in making of the notarial act and accomplishment of notarial action

(1) the Notary refuses making of the notarial act or accomplishment of notarial action if:

a) they contradict the law and regulations of morality or do not conform to requirements of the law to their making / accomplishment;

b) they shall be made/are executed by other notary;

c) the parties of notarial action, the applicant have no the permission required by the law or the representative has no necessary powers;

d) the obligation to refuse making of the notarial act or accomplishment of notarial action is directly provided by the law.

(2) the Notary can deny the request of the party about making of the notarial act or accomplishment of notarial action in case:

a) requests for their making / accomplishment in time off;

b) failures to pay the established duties and payments, and also all expenses necessary for making of the notarial act or accomplishment of notarial action;

c) if necessary documents are not submitted or provided not completely;

d) if data from the submitted documents do not match with data from electronic public registers;

e) if it is impossible to establish identity of the party or to determine degree of her sanity when such condition is obvious from her behavior.

(If the applicant insists 3) on inclusion in the notarial act of the provisions raising doubts in authenticity or reliability of the data containing in it and to refuse making or it is impossible to suspend making of the notarial act, the notary draws the attention of the parties to possible legal effects about what it shall be directly specified in the act. If the party does not agree with entering into the act of this record, the notary refuses its making.

Article 9. Suspension or delay of making of the notarial act and accomplishment of notarial action

(1) Making of the notarial act stops determination of degree of jurisdiction.

(2) Suspension of making of the notarial act stops based on the determination which took legal effect about cancellation of interim measure concerning notarial action or based on the final judgment.

(3) According to the written application of person who proved legitimate interest, the notary by determination making of the notarial act for a period of up to 30 days can suspend once, having notified the applicant on need to provide determination of degree of jurisdiction about suspension of making of the notarial act. If before the expiration the interested person does not represent to the notary determination of degree of jurisdiction about suspension of making of the notarial act or accomplishment of notarial action, the notary makes the requested notarial act or performs the requested notarial operation.

(4) the Notary on own initiative determination postpones the date of making of the notarial act or accomplishment of notarial action if the submitted documents raise doubts in their authenticity or reality. In this case the notary retains the provided acts and sends to competent authorities necessary notifications. Making of the delayed notarial act or accomplishment of delayed notarial action is resumed after receipt of the answer to question of authenticity or validity of acts.

(5) If as a result of comparison of information from public registers, information given by the primary source (suppliers of information in value of the Law on information access No. 982/2000), including information given by the applicant, and the actual situation established by the notary during the procedure of making of the notarial act and accomplishment of notarial action clear that the submitted documents are not authentic, the notary retains acts and notifies law enforcement agencies.

Article 10. Determination about delay, suspension or refusal in making of the notarial act or accomplishment of notarial action

(1) the Notary can notify the parties on delay, suspension or refusal orally or in writing in the form of determination.

(2) the Notary within 10 days after receipt to it of the statement for issue of determination about delay, suspension or refusal takes out the determination containing without fail date of removal, surname and name of the notary, data of the applicant of the notarial act, the required notarial act, the actual and legal basis of delay, suspension or refusal with reference to legal causes, methods of appeal and completion date of determination.

(3) the statement for issue of determination for delay, suspension or refusal shall contain information on type of the requested act or action and the documents submitted for making of the notarial act or accomplishment of notarial action. The documents listed in it are enclosed to the application.

(4) Determination is constituted in duplicate and is registered in register of correspondence of the notary. One copy together with the acts enclosed to the application for determination issue is handed to the applicant or goes to it the registered mail with the assurance of receipt, and the second together with copies of the provided acts is stored in archive of the notary.

(5) Determination about delay, suspension or refusal can be appealed in ministerial procedure according to the current legislation.

Article 11. Competence of the notary

(1) the Notary makes the following notarial acts and performs the following notarial operations:

a) creation at the request of the parties of legal documents;

b) certificate of documents;

c) notarial conducting heritable production;

d) issue of the certificate on inheritance;

e) issue of certificates on the property right;

f) the certificate of the facts in the cases provided by the law;

g) assurance of signatures on documents;

h) assurance of the signature of the translator or the simultaneous interpreter, having permission to activities;

i) making of protests of bills of exchange and checks;

j) appointment in the cases of the custodian or managing director of heritable weight provided by the law;

k) assurance of copies of documents and statements from them;

l) implementation and certification of transfers;

m) transfer of documents of physical persons and legal entities to other physical persons and legal entities and, if necessary, issue of the certificate;

n) acceptance in the deposit of sums of money, financial records and financial instruments;

o) public challenge of creditors;

p) providing proofs;

q) organization and tendering, assurance of stages of bidding procedure or their results;

r) annulment of marriage in the consent of spouses;

s) issue of duplicates of notarial acts;

t) implementation of mediation according to the law;

u) investment with executive text/force;

v) any other acts and actions provided by regulations.

(2) Notaries can also give legal advice bureaus on the notarial questions which are not relating to contents of the notarial acts made by them and can participate as the specialists appointed applicants in the preparation and transactions which are subject to the certificate.

(3) In case of execution of the powers the notary uses general power, except for the following cases:

a) notarial heritable production is within the competence of the notary performing activities in the territory of the place of opening of inheritance;

b) in case of consecutive inheritance heirs can choose any of the notaries performing activities in the territory of the last residence of the testator;

c) making of protest of bills of exchange and checks is made by the notary performing activities in the territory where there is debtor;

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