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RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of August 28, 2023 No. 290

About introduction of amendments to resolutions of the Cabinet of Ministers of the Azerbaijan Republic "About approval of the Instruction about rules of making of notarial actions" of September 11, 2000 No. 167 and "About approval of Rules of form, content and submission of the annual financial report of non-governmental organization" of December 25, 2009 No. 201

(Extraction)

Being guided by the paragraph the eighth article 119 of the Constitution of the Azerbaijan Republic, for the purpose of ensuring execution of the Law of the Azerbaijan Republic of December 30, 2022 No. 781-VIQ "About fight against legalization of the property acquired in the criminal way, and terrorism financing" the Cabinet of Ministers of the Azerbaijan Republic decides:

1. In the Azerbaijan Republic approved by the Resolution of the Cabinet of Ministers of September 11, 2000 No. 167 "The instruction about rules of making of notarial actions in the Azerbaijan Republic" (The collection of the legislation of the Azerbaijan Republic, 2000, No. 9, Article 693; 2001, No. 11, Article 722; 2002, No. 3, Article 148, No. 7, Article 455, No. 10, Article 635; 2003, No. 10, No. 62; 534, No. 8, Article 782, No. 10, Article 977, No. 11, Article 1061, No. 12, Articles 1228, 1231; 10, Article 902, No. 11, Article 994; 2008, No. 2, Article 108, No. 4, Article 316, No. 8, Article 787; 2009, No. 2, Article 148, No. 10, Articles 846, 849, No. 12, Article 1079; 2010, No. 6, Article 555; 2011, No. 10, Article 971; 2012, No. 3, Article 263, No. 5, Articles 489, 495, No. 7, Article 777, No. 11, Article 1206, No. 12, Article 1354; 2013, No. 4, Article 444, No. 5, Article 578; 2014, No. 1, Article 76, No. 5, Articles 552, 589, No. 6, Article 746, No. 8, Article 1019, No. 12, Article 1685; 2015, No. 12, Article 1580; 2016, No. 3, Article 611, No. 4, Articles 777, 814, No. 6, Article 1226, No. 8, Article 1449, No. 11, Article 1937; 2017, No. 1, Article 135, No. 3, Article 493, No. 6, Article 1245, No. 7, Article 1491, No. 9, Article 1721, No. 10, article 1883, No. 12 (book II), Article 2545; 2018, No. 2, Article 347, No. 3, Article 628, No. 4, Article 789, No. 5, Article 1122, No. 6, Articles 1360, 1367, No. 9, Article 1929, No. 10, Article 2166; 2019, No. 1, Article 169, No. 3, Articles 513, 564, No. 5, Articles 938, 967, No. 6, Article 1172, No. 7, Articles 1325, 1338, No. 10, Article 1674; 2020, No. 6, Art. 783, No. 10, Art. 1282, 1299, No. 12 (book V), Art. 1580; 2021, No. 3, Art. 302, No. 12, Art. 1509; 2022, No. 4, Article 414; 2023, No. 5, Article 723; resolutions of the Cabinet of Ministers of the Azerbaijan Republic No. 188 of June 6, 2023 and No. 273 of August 10, 2023) to make the following changes:

1.1. In the Item "g" of part 6 of the word "Articles 9-11 and 12-1 of the Law of the Azerbaijan Republic "About fight against legalization of the money or other property received in the criminal way, and terrorism financing" shall be replaced with words "Articles 4-11, 13 and 21.7 of the Law of the Azerbaijan Republic "About fight against legalization of the property received in the criminal way, and terrorism financing"";

1.2. In paragraph ten of part 7 of the word "money or others" to exclude, and in this paragraph shall be replaced with words the word "information" "information and documents";

1.3. "Cash or otherwise" to exclude parts 16 of the word from the paragraph of the sixth;

1.4. According to part 33-1:

1.4.1. State the first paragraph in the following edition:

"33-1. Notaries shall submit data and documents to body of financial monitoring when making the notarial actions connected with purchase and sale of the real estate, cash management, securities or other property, and also with creation of legal entities, providing and management of their activities, the organization of collection of money for these purposes and also purchase and sale of shares or share of legal entities, in cases if there is suspicion that the property which is subject of the transaction is connected with criminal acquisition or financing of terrorism or in cases when there are good causes for such suspicion and also when these transactions are performed with citizens of zones of the increased risk, with persons, place of registration, residence or the main activities of which are in these zones or through them, and also with persons having the bank account, registered in these zones, or with assets of persons and the organizations, subjected to sanctions according to the Law of the Azerbaijan Republic "About target financial sanctions" or if they are connected with property politically of men of weight of foreign states.";

1.4.2. paragraphs two - the ninth to recognize invalid;

1.4.3. In the tenth Item of the word "In case of Impossibility of Exact Identification of the Parties of the Transaction in the Procedure Established by the Legislation or Refusal in Provision of Identification Information about the Client or the Beneficiary, and also in case of Detection of Unauthenticity of Earlier Provided Identification Information about the Client or the Beneficiary" shall be replaced with words "In case of impossibility of application of measures of proper check of the client according to article 4.14 of the Law of the Azerbaijan Republic "About fight against legalization of the property received in the criminal way, and terrorism financing"

Azerbaijan Republic

Ali Asadov

 

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