It is registered
Ministry of Justice
Republic of Moldova
On April 29, 2009 No. 675
of April 29, 2009 No. 168
About approval of the Regulations on the Commission on licensing of notarial activities
Based on Art. 11 of the Law No. 1453-XV of November 8, 2002 on notariate (The official monitor of the Republic of Moldova, 2002, Art. No. 154-157, 1209), with subsequent changes and amendments, PRIKAZYVAYU:
1. Approve Regulations on the Commission on licensing of notarial activities, according to appendix.
2. Publish this order in the Official monitor of the Republic of Moldova.
3. Declare invalid the Order of the Minister of Justice No. 89 of March 28, 2006 about approval of the Regulations on the Commission on licensing of notarial activities (The official monitor of the Republic of Moldova, 2006, No. 55, the Art. 202).
Minister of Justice
to the Order of the Ministry of Justice of the Republic of Moldova of April 29, 2009 No. 168
1. This Provision establishes procedure for the organization of activities of the Commission on licensing of notarial activities (further - the Commission).
2. The legal basis for activities of the Commission are the Law No. 1453-XV of November 8, 2002 on notariate, Regulations on conditions of carrying out tender on the substitution of vacant positions of the notary approved by the order of the Minister of Justice and this Provision.
3. The commission is created for the term of 4 years and consists of 11 members: 6 notaries (delegated by general meeting of notaries), on one representative from the Prosecutor General's Office and the Ministry of Internal Affairs, one lecturer in law of the higher educational institution (elected by the senate) and two representatives appointed by the Ministry of Justice.
4. Members of the commission are delegated by competent authorities at the request of the Minister of Justice.
5. General meeting of notaries for election of members of the commission is convened by the Ministry of Justice and is competent if participates in it at least 2/3 from total quantity of notaries. In the absence of quorum the Ministry of Justice convenes repeatedly general meeting of notaries within 15 days. Repeatedly convened meeting is considered competent in the presence of at least 1/3 notaries participating in meeting.
6. The members of the commission delegated by general meeting of notaries get out by secret vote.
7. The first six notaries who got the maximum number of votes are considered as the elected for approval to structure of the Commission. In case of equality of votes draw is carried out.
8. The member of the commission cannot be at the same time and the member of Disciplinary board.
9. The commission chairman is appointed the Minister of Justice. The staff of the Commission affirms the order of the Minister of Justice.
10. The mandate of the member of the commission stops in case:
a) expirations of powers;
b) withdrawal of the mandate the organization which chose or delegated or designated this person if he did not participate without the reason at two meetings in a row or at four meetings within one calendar year;
c) the approved dismissal by the organization which chose or delegated or designated this person;
d) suspension or revocation of license of the notary;
11. If within 15 days after repeated convocation the Commission does not make the decision on the questions which are within its competence, the Minister of Justice can dismiss the Commission.
12. Delegation of the new member of the commission instead of disposed is carried out, as a rule, in a month from the moment of emergence of vacant position according to the procedure, established by this Provision. The new member of the commission has the mandate on remaining period of the mandate of the member of the commission to whose place it was chosen, delegated or appointed. In case of dissolution of the Commission the mandate is issued to new structure for a period of four years.
13. Functioning of the secretariat of the Commission is ensured by the Ministry of Justice. The secretary of the Commission is appointed by the order of the minister.
14. The commission has the following powers:
a) allows to tender on substitution of vacant positions of the notary;
b) approves results of tender on substitution of vacant positions of the notary and makes offer about licensing for notarial activities;
c) upon the demand of the Ministry of Justice draws the advisory proceeding about quantity of the vacant positions represented on tender, number of notaries-trainees, registration of agreements on training.
15. The commission chairman is responsible for the organization of its activities.
16. Members of the commission have the following rights:
a) get acquainted with the materials provided to the Commission for studying and take part in their consideration;
b) state arguments and represent additional materials;
c) offer for consideration at meeting the questions entering competence of the Commission;
d) participate in decision making by vote and, if necessary, to express special opinion;
e) petition for provision of information relating to activities of the Commission, the Ministry of Justice, its structural divisions;
f) have other rights according to the Law on notariate.
17. Members of the commission have the following obligations:
a) take part on commission sessions;
b) perform functions according to the Law on notariate, Regulations on conditions of carrying out tender on substitution of vacant positions of the notary and this Provision;
c) keep secret of meetings and confidentiality of cases.
18. The secretary of the Commission has the following powers:
a) prepares necessary documents for holding meeting;
b) informs members of the commission on date, time and the place of meeting, the agenda;
c) constitutes protocols of commission sessions;
d) fills in licenses for notarial activities and represents them to the Minister of Justice for the signature;
e) records the granted licenses for notarial activities;
f) archives protocols of commission sessions and decisions made by it.
19. For the purpose of execution of the powers the Commission makes decisions:
a) about the admission to tender on substitution of vacant positions of the notary;
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