RESOLUTION OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF UZBEKISTAN, MINISTRY OF FOREIGN AFFAIRS OF THE REPUBLIC OF UZBEKISTAN

of January 31, 2011 No. 21, of January 31, 2011 No. 1

About approval of the Instruction about procedure for making of notarial actions by consuls of consular establishments of the Republic of Uzbekistan

According to the laws of the Republic of Uzbekistan "About notariate" and "About approval of the Consular charter of the Republic of Uzbekistan" the Ministry of Justice and the Ministry of Foreign Affairs of the Republic of Uzbekistan decide:

1. Approve the Instruction about procedure for making of notarial actions by consuls of consular establishments of the Republic of Uzbekistan according to appendix.

2. This resolution becomes effective after ten days from the date of its state registration in the Ministry of Justice of the Republic.

Minister of Justice

R. Mukhitdinov

Minister of Foreign Affairs

E.Ganiyev

Appendix

to the Resolution of the Ministry of Justice and Ministry of Foreign Affairs of the Republic of Uzbekistan of January 31, 2011 No. No. 21, 1

The instruction about procedure for making of notarial actions by consuls of consular establishments of the Republic of Uzbekistan

This instruction determines procedure for making of notarial actions by consuls of consular establishments of the Republic of Uzbekistan (further - consuls).

I. General provisions

1. According to article 28 of the Law of the Republic of Uzbekistan "About notariate" (further - the Law) and article 27 of the Consular charter of the Republic of Uzbekistan consuls make the following notarial actions:

1) transactions (agreements, wills, powers of attorney, etc.), except agreements on alienation and pledge of the apartment house (part of the house) certify, apartments, dachas, the garden house, garage, and also other room, construction or structure which are in the Republic of Uzbekistan;

2) certify the fact of finding of the citizen in live;

3) certify the fact of finding of the citizen in certain place;

4) certify identity of the citizen with person represented in the photo;

5) certify time of production of documents;

6) take measures to protection of heritable property;

7) grant certificates on the right to inheritance;

8) grant certificates on the property right to share in common property of spouses;

9) witness fidelity of copies of documents and statements from them;

10) witness authenticity of the signature on documents;

11) witness fidelity of the translation of documents from one language on another;

12) is accepted in the deposit by sums of money and securities;

13) accept documents on storage;

14) is made by executive texts;

15) is made by ship's protests.

2. Consuls can make and other notarial actions provided by legal acts.

3. When making notarial actions consuls are guided by the legislation of the Republic of Uzbekistan.

4. If the consul owing to any reason cannot perform the functions or the position of the consul is temporarily vacant, fulfillment of duties of the consul is assigned to other official of this or other consular establishment in the state of stay or on one of members of diplomatic staff of diplomatic representation of the Republic of Uzbekistan in this state.

5. Consuls are forbidden to disclose the become data known for it on the made notarial actions including after the termination of the employment contract.

If the citizen owing to physical defects, disease or for any other reasons cannot undersign with own hand, the citizen who signed according to its order the transaction, the statement or other document, to the translator (signer) who made the translation of the document, and other persons is forbidden to disclose the data which became known for it.

Data (documents) on committed notarial actions can be issued only to persons, from name or at the request of which these actions are made.

References (data) on committed notarial actions are issued upon the demand of court, prosecutor's office, investigation authorities in connection with the cases which are in their production. Certificates of the will are issued only after the death of the testator. Requirements about reclamation of documents shall be drawn up in the form of the resolution or determination, or in other procedure established by the procedural laws.

The requested documents from consular establishments are subject to obligatory return.

Certificates of the will are certified only after the death of the testator in case of presentation death or statements from the death statement to the testator's heirs according to the will and under the law or their legal representatives.

In case of receipt from the organizations of the state of stay of the consul of requirements concerning references (documents) on committed notarial actions, this issue is resolved by the head of this consular establishment.

Persons guilty of violation of mystery of committed notarial actions bear responsibility according to the procedure, established by the law.

6. The notarial clerical work in consular establishment is conducted in state language of the Republic of Uzbekistan. If person who addressed for making of notarial action does not know language in which the clerical work is conducted, texts of the processed documents shall be translated to it by the consul making notarial action or the translator famous to the consul. About it the consul brings in the text of the document and in certifying text record about the one who made the translation and about explanation of the text of the document, and also signs and seals. In that case the addressed person writes down the surname, name, middle name completely and puts down the signature in language which it knows.

7. Consuls, according to the address of citizens and legal entities, constitute drafts of transactions, statements and other documents, make copies and duplicates of documents, statements of them, and also make explanations concerning making of notarial actions.

8. If making of notarial action contradicts the legislation of the Republic of Uzbekistan, the consul refuses making of such action.

If documents do not conform to requirements of the legislation of the Republic of Uzbekistan or for the content can cause damage to state interests of the Republic of Uzbekistan, or contain the data discrediting honor and advantage of citizens, the consul does not accept such documents for making of notarial actions.

At the request of person to whom it is refused making of notarial action causes of failure shall be stated to it and the procedure for its appeal is explained.

II. General rules of making of notarial actions

9. Notarial actions are made in consular establishment. In some cases notarial actions can be made out of the specified organization.

If notarial actions are made out of consular establishment, in certifying text of the document and in the register of notarial actions (further - the register) the address of the place of making of notarial actions is specified.

10. Notarial actions are made in day of presentation of all of documents necessary for this purpose, payments of the consular fees and compensation of actual expenses.

Making of notarial actions can be postponed in need of reclamation of additional data or documents, or the direction of documents for examination, and also on other bases, stipulated by the legislation the Republic of Uzbekistan.

Making of notarial actions can be postponed if by law it is necessary to request from interested persons about lack of objections at them against making of these actions. The term for which making of notarial action is postponed cannot exceed one month. Upon the demand of person who addressed for making of notarial action, the resolution on adjournment of making of notarial action is issued to it.

According to the statement of the interested person wishing to take a legal action for contest of the right or the fact about which certificate asks other interested person making of notarial action it can be postponed for term no more than ten days. If in this time from court the message on receipt of the statement does not arrive, notarial action shall be made.

In case of receipt from court of the message on receipt of the statement of the interested person challenging the right or the fact about which certificate asks other interested person making of notarial action stops to permission of this case by court.

By the legislation also other bases for adjournment and suspension of making of notarial actions can be established.

11. Consuls identify the personality of citizens (their legal representatives, and also guardians and custodians) and representatives of the legal entities who addressed for making of notarial actions.

The identity of the citizens who addressed for making of notarial actions is established according to the following documents:

citizens of the Republic of Uzbekistan - according to the biometric passport, including the biometric passport for trip abroad or to the diplomatic passport;

the citizens who did not reach sixteen years - according to the biometric passport for trip abroad or to the certificate of birth;

the military personnel - according to the biometric passport for trip abroad or to personal military certificates and according to the military ID;

foreign citizens - according to their national or diplomatic passport;

stateless persons - according to the travel documents for stateless persons processed by the Republic of Uzbekistan or authorized organizations of foreign states.

12. In case of the certificate of transactions capacity to act of citizens in accordance with the established procedure becomes clear and legal capacity of the legal entities participating in transactions is checked. In case of transaction by the representative also its powers are checked.

Capacity to act of citizens becomes clear by the consul during personal meeting with them.

13. Legal capacity of the legal entity arises at the time of its creation. The legal entity is considered created from the moment of its state registration.

According to Article 43 of the Civil code of the Republic of Uzbekistan (Sheets of Oliy Majlis of the Republic of Uzbekistan, 1996, appendix to N 2) (further - the Civil code) constituent documents of the legal entity are the following documents:

charter;

foundation agreement and charter;

foundation agreement;

provision.

When checking legal capacity of the legal entity, power of its bodies and representatives it is necessary to pay attention to form of business of the legal entity.

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