RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of September 11, 2000 No. 167

About approval of the Instruction about procedure for making of notarial actions

For the purpose of ensuring execution of the Presidential decree of the Azerbaijan Republic of January 18, 2000 "About application of the Law of the Azerbaijan Republic "About notariate" the Cabinet of Ministers of the Azerbaijan Republic decides No. 261:

1. Approve "The instruction about procedure for making of notarial actions" it (is applied).

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

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of September 11, 2000 No. 167

The instruction about procedure for making of notarial actions in the Azerbaijan Republic

Section I. General provisions

1. This Instruction is prepared for the purpose of ensuring execution of the Presidential decree of the Azerbaijan Republic of January 18, 2000 No. 261 and establishes procedure for making of notarial actions by the state and private notaries.

1-1. Representatives of chief executives of the area, city, urban area to making of notarial actions according to article 18 of the Law of the Azerbaijan Republic "About notariate" are guided by relevant provisions of this Instruction.

2. According to article 17 of the Law of the Azerbaijan Republic "About notariate" the notary makes the following notarial actions:

1) certifies transactions and powers of attorney;

2) takes measures to protection of heritable property;

3) grants certificates on the right to inheritance;

4) grants certificates on the property right to share in common property of spouses;

5) grants certificates on acquisition of apartment houses and apartments on open auction;

6) is witnessed by fidelity of copies of documents and statements from documents;

7) is witnessed by authenticity of signatures on documents;

8) witnesses fidelity of transfer of documents from one language on another;

9) is certified by the fact of finding of person in live;

10) is certified by the fact of finding of person in certain place;

11) is certified by identity of person with person represented in the photo;

12) is certified by time of production of documents;

13) transfers statements and documents of physical persons and legal entities to other physical persons and legal entities;

14) the obligation fulfillment subject, on the deposit accepts on storage sums of money, documentary securities and wills;

15) makes executive texts;

16) makes protests of bills of exchange;

17) shows checks to payment and certifies non-payment of checks;

18) accepts documents on storage;

19) makes ship's protests;

20) provides proofs.

By the legislation of the Azerbaijan Republic making and other notarial actions can be assigned to the notary public.

3. Notarial actions are made by the notary public (the senior notary public, the notary public) and the private notary.

4. According to article 2 of the Law of the Azerbaijan Republic "About notariate" when making notarial actions it is necessary to be guided by the Constitution of the Azerbaijan Republic, the Law of the Azerbaijan Republic "About notariate", other laws of the Azerbaijan Republic, and also regulations which are not contradicting the Law of the Azerbaijan Republic "About notariate" accepted by the President of the Azerbaijan Republic, the Cabinet of Ministers of the Azerbaijan Republic and the Ministry of Justice of the Azerbaijan Republic within their competence and this Instruction.

The Ministry of Justice of the Azerbaijan Republic develops the methodical recommendations connected with practice of application of the legislation in the field of notarial activities.

5. The notary can make the actions provided by the Law of the Azerbaijan Republic "About notariate", constitute drafts of transactions, statements and other documents, to produce copies of documents and the statement from them, to make explanations in connection with making of notarial actions, to request  from the documents and data necessary for making of the specified actions the state and municipal organizations, and also physical persons and legal entities, to give the reasonable written requests connected with receipt of data from the state real estate register.

Making of the specified actions can be entrusted to the consultants who are in the state state notarial office, to trainees in case of the notary and also the assistant to the private notary.

6. When implementing the obligations the notary shall:

a) explain to physical persons and legal entities of their right and obligation in connection with the made notarial actions, to render assistance in implementation of their rights and protection of legitimate interests;

b) warn them about effects of the made notarial actions legal lack of information could not be used by it to the detriment;

c) observe the Law of the Azerbaijan Republic "About notariate" and other legal acts of the Azerbaijan Republic, keep in secret data which became known to it in connection with implementation of its professional activity;

d) the notary shall observe requirements of the Code of ethical behavior of the notary;

e) Submission of information and the documents connected using address financial sanctions in the cases and procedure determined by the laws of the Azerbaijan Republic "About fight against legalization of the property received in the criminal way, and terrorism financing" and "About target financial sanctions" they shall observe the requirements connected with acceptance, realization of other measures provided normative legal and regulations of the Azerbaijan Republic in this area;

e) shall follow methodical recommendations of the Ministry of Justice of the Azerbaijan Republic.

When replacing the private notary with the assistant to the private notary in cases, the stipulated in Article 25-1 Law of the Azerbaijan Republic "About notariate", when carrying out notarial actions with use of name and seal of the private notary in the processed documents together with name of the private notary he also shall enter the name and position.

During the term of replacement of the special notary with his assistant he uses the information system "Electronic Notariate" on its own behalf.

7. The notaries and persons informed on notarial actions in connection with accomplishment of the service duties shall keep secret of the specified actions.

Certificates of notarial actions shall be issued only to physical persons and legal entities or their representatives to whom making of notarial actions is entrusted or concerning whom notarial actions are made.

Based on addresses of specified persons after payment of the corresponding duties and fees the notary represents to specified persons, the stored in notarial office, and the chief of the Public notarial Records Office the duplicate of documents on notarial actions, their copies and the statement from them which are stored in archive.

In addition to the Public notarial Records Office specified persons can also address to notarial office for receipt of data on the documents which are stored in archive connected with notarial actions including the duplicate of documents, their copy and the statement from them.

The statement of the addressed person is registered in the book of receipt of documents. Such application is submitted in writing and signed directly in the presence of the notary, signed by the notary on the statement with indication of date and the fact of its giving, and also certified by personal seal, at the same time the state fee or collection are not levied, as well as service fee, rendered in connection with making of notarial actions.

In this case the address connected with receipt of information on notarial actions or the duplicate of the specified documents according to article 73 of the Law of the Azerbaijan Republic "About notariate" is scanned by the notary and goes to the Public notarial Records Office through the information system "Electronic Notariate". The Public notarial Records Office directs information connected with the documents specified in the appeal to notarial office through system within 3 working days. According to the address the notary based on the specified information prepares information connected with documents on notarial actions or the duplicate of the specified document and represents to the addressed person.

The address connected with receipt of copies of documents on notarial actions or statements from them goes the notary by registered mail to the Public notarial Records Office according to article 73 of the Law of the Azerbaijan Republic "About notariate".

The Public notarial Records Office within 3 working days certifies copies of the documents specified in the address or statements from them and sends by registered mail to notarial office. The copies of documents or the statement from them directed from the Public notarial Records Office join in the registration book of the documents accepted at notarial office, and person which accepted the address makes record in the specified book about acceptance and after signing is handed to person the notary directly.

The expenses connected with the organization of sending documents by registered mail are paid addressed person to the notary.

In established by the Law of the Azerbaijan Republic "About fight against legalization of the property got in the criminal way, and terrorism financing" cases and procedure submits to body of financial monitoring of the data and the documents connected with notarial actions.

The documents connected with specific notarial actions concerning the specific criminal or civil cases which are in production of court, investigating bodies and bodies of inquiry are issued to these bodies based on their resolutions, are issued to the lawyer of the copy of the documents connected with notarial actions based on its written request and the order or its copy certified of notarial procedure.

Before receipt of the notarial documents connected with specific criminal cases including documents based on which notarial actions were carried out or notarial case these bodies shall inform the notary of the resolution on their obtaining. Receipt of documents of the notary is drawn up by the relevant protocol and its copy is provided to the notary. The original of notarial case is issued to the body which requested it, and the copy certified of notarial procedure remains (the documents filed in electronic procedure by means of the information system "Electronic Notariate", in the appropriate order). Return of the received documents (taking into account the documents filed in electronic procedure by means of the information system "Electronic Notariate") after need for them disappeared, is provided with the notary or the chief of the Public notarial Records Office.

Certificates of wills (will availability, its content, etc.) can be granted only after the death of the testator on submission of the certificate on his death.

Notaries, witnesses, and also persons who signed the will instead of the testator cannot open data on content, structure, change or cancellation of the will before opening of inheritance. The notary warns about it specified persons.

Persons guilty of disclosure of mystery of notarial actions shall bear responsibility according to the procedure, established by the legislation of the Azerbaijan Republic.

In case of excitement concerning the notary of the criminal case connected with making of notarial actions, the court can exempt it from obligation to keep secret.

The data connected with notarial actions concerning the specific criminal or civil cases which are in production of court, investigating bodies and bodies of inquiry are issued based on written requests of data of bodies, and to the lawyer - based on its written request and the order or its copy certified of notarial procedure.

When making the notarial actions connected with the authorized capital of commercial legal entities, implementation of constituent (uchastniksky) powers of founders (participants) and their shares in the authorized capital, the notary based on electronic request receives through electronic information systems of the information about founders (participants) of commercial legal entities and their shares in the authorized capital, and also charters and certificates on state registration of commercial legal entities and puts the printed-out certificate of it to the copy of case on the corresponding notarial action which is stored at the notary. Receipt of this certificate is not separate notarial action and, respectively, the state fee or collection, and also payment for the rendered services connected with making of notarial actions are not levied.

The appropriate rights are registered in the state real estate register based on the electronic copy of notarially certified agreement on alienation of real estate by the notary transferred in real time by means of the information system "Electronic Notariate" of the Ministry of Justice of the Azerbaijan Republic by means of the Information system "Electronic Government". Such agreement is considered the statement for registration of the property right and other corporeal rights following from it in the state real estate register.

In case of the certificate of the lease or other ware rights concerning the vehicle, or the power of attorney connected with the rights to use the vehicle or the order it the notary without delay enters into the information system "Electronic Notariate" the relevant data on the certificate of the agreement or the power of attorney, including according to part VI-I of article 27 of the Law of the Azerbaijan Republic "About traffic" about registration address and accommodation of physical persons, number of the mobile phone and in the presence of the e-mail address and number of the car driver license, about person to whom legal entities (government institutions) charged management of the vehicle (transport driver).

By means of technical means within one day sends the data which arrived in the information system "Electronic Notariate" to the Ministry of Internal Affairs of the Azerbaijan Republic.

When carrying out the notarial actions connected with change of shares in the authorized capital of limited liability company, the notary shall enter without delay about it the relevant data into the information system "Electronic Notariate" online. The Ministry of Justice of the Azerbaijan Republic transfers the data which arrived in the information system "Electronic Notariate", in the Ministry of taxes of the Azerbaijan Republic.

The paragraph twenty third voided according to the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of 05.08.2023 No. 273

The negative information provided in articles 16.1.10 and 16.1.11 of the Law of the Azerbaijan Republic "About credit bureaus" in the part relating to activities of notaries is placed in the Elektronnoye Pravitelstvo portal by means of the Ministry of Justice of the Azerbaijan Republic.

In case of detection by the subject of credit history of unauthenticity of information constituting its credit report he according to the procedure, the stipulated in Article 18 Laws of the Azerbaijan Republic "About credit bureaus", can address with the statement the notary who placed information, for elimination of the specified information. Copies of the documents confirming unauthenticity of information shall be attached to the address. If the application is not submitted directly by the subject of credit history or not completed at notarial office it by the representative by proxy, authenticity of the signature in the statement makes sure of notarial procedure.

The notary sends the appeal about elimination of unreliable information to credit bureau by means of the information system "Electronic Notariate". The credit bureau brings "specifies" the note in the corresponding part of information base of credit history and sends by means of the information system "Electronic Notariate" request to the notary for check of truthfulness of information.

The notary within 3 (three) working days from the date of receipt of request checks accuracy of the information about the subject of the credit history provided to them to credit bureau and sends by means of the information system "Electronic Notariate" to credit bureau the relevant information on truthfulness of information or elimination of the found error.

If as a result of consideration of the claim the notary reveals accuracy of the information, issued to them to credit bureau, and the subject of credit history will agree with this result, then is not made any changes in credit history.

After the notarial certificate of the statement addressed in the Ministry of Labour and Social Protection of the Population of the Azerbaijan Republic by persons wishing to adopt the children deprived of parent guardianship (candidate parents) about adoption of the child and person (persons) the person interested to begin the adoptive parent to become the adoptive parent to the President of the Azerbaijan Republic through the information system "Electronic Notariate", according to "Regulations on adoption of the children deprived of parent guardianship including adoption of children who are citizens of the Azerbaijan Republic foreigners and stateless persons" the approved Decree No. 946 of February 27, 2020 gives to subsystem "The children deprived of parent guardianship, foster home and adoption". In case of change in the statement of information about the candidate parent and person (persons) wishing to become the adoptive parent including about family composition, and also their actual address, the new statement of these persons is notarially certified and repeatedly transferred to subsystem within 10 (ten) days after updating of information".

Data (the data reflected in the agreement on the right of lease or other corporeal rights to real estate and the vehicle or in the power of attorney connected with right to use or orders by the vehicle), the stipulated in Article 34-2.0.9 Laws of the Azerbaijan Republic "About compulsory insurance", are transferred to Bureau of compulsory insurance in real time from the information system "Electronic Notariate" based on request.

According to the Law of the Azerbaijan Republic "About execution" information on notarial actions on debtors in connection with implementation of executive actions (inheritance, certificates on the property right to shares in common property of spouses, agreements and powers of attorney), and also information on whether heritable cases are open, is provided to executive officials based on electronic requests through the information system "Electronic Notary" in real time.

Information on the powers of attorney issued on the vehicles used for passenger and freight transportation is transferred to information system "AINU" according to "Regulations on information system "AINU", No. 1956 approved by the Presidential decree of the Azerbaijan Republic of December 30, 2022.

7-1. According to article 9 of the Law of the Azerbaijan Republic "About the state real estate register" for implementation of the rights to real estate on the basis of the principle of "one window" the notary constitutes the draft agreement on the basis of the conditions corresponding to true intentions of the addressed persons and after approval of the project with the parties prepares the receipt notification in which all expenses which are subject to introduction into the deposit account of this notary in connection with execution of the agreement and state registration of the rights to real estate (registration of the rights in the state real estate register and preparation of the statement about real estate, receipt of the description of real estate, the certificate of the registered rights to this property and their restrictions (encumbrances), the state fee or collection, and also the service fees rendered in connection with notarial actions, payments for banking services are reflected and also payment of the simplified tax and property value). The notification on obtaining is unpacked and handed to the parties.

The consent of the parties to the specified payments is confirmed by their signatures witnessed notarially on the notification on obtaining and their joint statement on the conclusion of the agreement on these conditions. This application is signed by the notary, also the mark that it is submitted at its presence is dated, and also certified by personal seal (the state fee or collection for it are not levied, as well as service fee, rendered in connection with making of notarial actions).

The parties sign the agreement directly on paper.

The paper copy of the signed agreement is notarially certified only after payment introduction, at the same time on paper copy the mark "The Agreement Becomes Effective from the moment of Its Certificate the Digital Signature of the Notary" becomes.

After signing of all copies of the agreement by the parties in the information system "Electronic Notariate" the payment order on the corresponding implementation of the expenses specified in paragraph one of Item 7-1 of this Instruction through the State Payment Portal (SPP) is created and goes in electronic form to bank in which the deposit account of the notary is opened, and its copy is unpacked and provided to the parties for provision in bank department.

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