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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

(as amended on 31-03-2021)

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.

Prime Minister of the Azerbaijan Republic

Artur Rasi-Zade

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 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) observe requirements of articles 9-11 and 12-1 of the Law of the Azerbaijan Republic "About fight against legalization of money or other property got in the criminal way, and terrorism financing", to perform in this sphere other measures, stipulated by the legislation the Azerbaijan Republic;

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.

Authenticity of the signature of the addressed person is certified of the statement in notarial procedure and is registered in the book of receipt of documents.

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 money or other property got in the criminal way, and terrorism financing" cases and procedure represents to body of financial monitoring of the data, 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 carrying out the notarial actions connected with the authorized capital commercial legal persons, implementation of powers on organization (participation) of founders (participants) and their shares in the authorized capital, the notary obtains the data on commercial legal entities which arrived in the state register including on their founders (participants) and their shares in the authorized capital based on electronic request by means of information system during the day and attaches the reference which is printed out about it to copy of the case which is stored in the notary on the corresponding notarial actions.

After approval of the agreement on the order real estate objects of the state register, the notary without delay sends it to the State committee of the Azerbaijan Republic on property questions through the information system "Electronic Notariate" of the Ministry of Justice of the Azerbaijan Republic, and within two working days one copy of this agreement by registered mail.

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 notary issues two copies of the agreement approved by him to the addressed person. At the request of the addressed person, the notary sends the statement of person who acquired the right to registration of the real estate in the state register approved in notarial procedure together with the agreement (if necessary - the documents reflecting other bases for state registration, stipulated in Article 139.1 Civil codes), the size and the plan of the parcel of land, technical data sheet and the plan drawing of the building, the construction or other real estate (and their components) which is on the parcel of land and the document on payment of the state fee to the State committee of the Azerbaijan Republic on property questions (in this case the provision in the twelfth paragraph of part 7 Instructions connected with sending copy of the agreement is not applied) in day of assurance of the statement through the information system "Electronic Notariate", and current of two working days the registered mail. The copy of the specified statement is issued to person who addressed for assurance of the agreement of notarial procedure.

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.

The statement for adoption of the child of persons (candidate parent), persons interested to adopt children without parental support, addressed to the Ministry of Labour and Social Protection of the population of the Azerbaijan Republic, after the certificate in notarial procedure goes by means of the information system "Electronic Notariate" to subsystem "Children without parental support, and adoption" according to Item 2.16 "Procedure for adoption of children without parental support, including adoption of the children who are citizens of the Azerbaijan Republic, foreigners and stateless persons", No. 946 approved by the Presidential decree of the Azerbaijan Republic of February 27, 2020. In case of change of the data specified in the statement of the candidate parent, including family composition, the address of the place of the actual accommodation, the new statement of the candidate parent with updated data within 10 (ten) days makes sure of notarial procedure and repeatedly goes to subsystem.

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.

8. According to article 28 of the Law of the Azerbaijan Republic "About notariate" the notary is forbidden to make notarial actions on the name and on its own behalf, addressed to and on behalf of the spouse (spouse), his (her) and relatives (parents, children, grandsons, grandfathers, grandmothers, and also brothers, sisters, uncles, aunts), their children, addressed to and on behalf of person working together with the specified notary.

In the specified cases notarial actions are made in any other notarial office.

The notarial actions and actions equated to them made with violation of requirements of this Item can be disputed.

9. According to article 13 of the Law of the Azerbaijan Republic "About notariate" the clerical work on notarial activities is conducted in state language of the Azerbaijan Republic.

If person who addressed for carrying out notarial actions does not know state language, the text of the processed document is translated to it by the notary or the translator.

Accuracy of translation of the specified document or authenticity of the signature of the translator who made transfer is certified by the notary.

If when carrying out notarial actions transfer into other language also becomes, it is necessary to observe the procedure specified in parts 134 and 135 of this Instruction.

10. Notaries public hold the state fee for making of notarial actions.

For making of notarial actions by private notaries the fee in the amount of the state fee established for carrying out notarial actions by notaries public keeps.

Notaries for the services (accomplishment of technical works) connected with confirmation of reliability of copies of documents and statements from documents hold payment in the amount of the state fee established for making of these actions, and for the services connected with assurance of transactions and powers of attorney (giving consultations, creation of transactions, statements and other documents, accomplishment of technical works) - in the amount of 15 percent of the state fee established for making of these actions.

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