of January 31, 2012 No. 31
About approval of Rules of making of notarial actions by notaries
According to the subitem 2) of article 32 of the Law of the Republic of Kazakhstan of July 14, 1997 "About notariate", I ORDER:
1. Approve Rules of making of notarial actions by notaries according to appendix 1 to the order.
2. Recognize invalid some orders of the Minister of Justice of the Republic of Kazakhstan according to appendix 2 to the order.
3. To impose control of execution of this order on the chairman of Committee of registration service and rendering the Ministry of Justice of the Republic of Kazakhstan to legal assistance.
to the Order of the Minister of Justice of the Republic of Kazakhstan of January 31, 2012 No. 31
1. These rules establish procedure for making of notarial actions by the notaries public and notaries who are engaged in private practice (further - the notary) in case of:
1) certificate of transactions;
2) certificate of agreements on property acquisition;
3) certificate of soglasiya;
4) certificate of agreements on procedure for use of property;
5) certificate of marriage agreements;
6) certificate of the agreement on payment of the alimony;
7) certificate of wills;
8) opening of envelope and announcement of the text of the confidential will;
9) certificate of powers of attorney;
10) certificate of constituent documents of economic partnerships;
11) appointment of the trustee inheritance;
12) to issue of the certificate on the right to inheritance;
13) to issue of the certificate on the property right to share in common property of the spouses and other persons having property on the right of common joint property;
14) witnessing of fidelity of copies of documents and statements from them;
15) witnessing of authenticity of the signature on documents;
16) witnessing of fidelity of transfer of documents from one language on another;
17) certificate of the facts;
18) to transfer of statements of physical persons and legal entities to other physical persons and legal entities;
19) acceptance in the deposit of money;
20) making of protest of bills of exchange;
21) acceptance on document storage and securities;
22) making of ship's protests;
23) providing proofs;
24) making of executive texts;
25) the certificate of equivalence of the electronic document made by the notary, to the paper document;
26) the certificate of equivalence of the document made by the notary on paper, to the electronic document.
Other notarial actions made by the notary can be provided by legal acts of the Republic of Kazakhstan.
2. Notarial actions are made as indoors, and out of premises of office of notary public or the room of the private notary. If notarial action is made out of premises of office of notary public and the room of the notary, then in certifying text on the document and in the register of registration of notarial actions, in the electronic register of the Single notarial information system (further - the electronic register of ENIS) the place of making of notarial action with indication of its address and time registers.
Notarial actions with departure are made based on the statement of the interested person and have no permanent character.
3. According to article 40 of the Law of the Republic of Kazakhstan "About notariate" (dalee-Zakon) notarial actions are made in day of presentation of all of documents necessary for this purpose and payment of the state fee when making notarial actions by the notary public or payments of notarial actions of the private notary.
Making of notarial action can be postponed or suspended on the bases, the stipulated in Clause 41 Law.
4. Legal representatives of the child, parents (parent), adoptive parents (adopters), the guardian or the custodian, the foster tutor and other persons replacing them performing care, education, education, protection of the rights and interests of the child according to the legislation of the Republic of Kazakhstan are (further - legal representatives of the child).
5. According to article 42 of the Law the notary when making notarial action identifies the personality of the notarial action which addressed for making.
Notarial actions are made under the following identity documents:
1) passport of the citizen of the Republic of Kazakhstan;
2) identity certificate of the citizen of the Republic of Kazakhstan;
3) the residence permit of the foreigner in the Republic of Kazakhstan;
4) certificate of the stateless person;
5) certificate of birth;
6) foreign passport.
The identity of the minor who did not reach 16-year age is confirmed by one of legal representatives of the child based on the certificate of birth of the minor and the identity document of one of legal representatives of the child.
The identity of the minor who reached 16-year age is established under the identity document, and also is confirmed by one of legal representatives of the child based on the certificate of birth of the minor and the identity document of one of legal representatives of the child.
6. Through ENIS in the state database "Physical persons" are verified identity documents of persons who addressed for making of notarial action, and their legal representatives issued by authorized bodies of the Republic of Kazakhstan.
7. According to article 43 of the Law of the Republic of Kazakhstan "About notariate" the notary finds out capacity to act of physical persons and legal capacity of the legal entities participating in transactions.
Capacity to act of physical person is determined by provision of identity documents, and also visually, during the conversation and through ENIS in the state database "Physical persons". Legal capacity of the legal entity including foreign, branch (representation) registered in the territory of the Republic of Kazakhstan it is determined through ENIS from the state database "Legal entities". Powers of the first head of the legal entity are checked through ENIS in the state database "Legal entities" and by order of (decision) on appointment it for position.
Powers of the representative of the legal entity, and also the head of branch (representation) are determined by proxy signed by his head or the other person authorized on it by its constituent documents, this organization under seal.
Powers of the representative of physical person are checked by proxy, the Republic of Kazakhstan issued according to Article 167 of the Civil Code (further - RK Group).
Through ENIS the notary checks the fact of issue of the power of attorney certified by the notary in the Republic of Kazakhstan.
8. Powers of parents on representation of interests of the minor children are determined by the certificate of birth of the child, power of the guardian (custodian) concerning sponsored (ward) - according to the decision of guardianship and custody bodies. The identity of parents, the guardian (custodian) are established based on the documents specified in Item 5 of these rules and also "Physical persons" and the information system "registration Item REGISTRY OFFICE" are verified through ENIS in the state database. The notary verifies data on scrap through ENIS in the information system "registration Item REGISTRY OFFICE".
9. The transactions certified by the notary, statements and other documents are signed by participants in the presence of the notary with putting down of the signature and writing of surnames, names and middle names by them (in case of its availability) (further - surname, name, middle name) with own hand.
10. If the capable physical person who addressed for making of notarial action cannot personally undersign owing to physical defects, disease or for any other reasons, at its request and for its presence, and also in the presence of the notary the transaction, the statement or other document signs other capable person with indication of the reasons owing to which the document cannot be signed with own hand by person who addressed for making of notarial action about what the mark in the text of the document and in certifying text is made.
The notary finds out capacity to act of the signed person by provision of the documents proving his identity.
11. If person who addressed for making of notarial action deaf, mute or deaf-and-dumb, then is present when making notarial action any other person who confirmed the powers who can have a talk with the deaf, mute, deaf-and-dumb person participating in the transaction and certify the signature that contents of the transaction correspond to will of the addressed person behind making of notarial action.
12. If person cannot examine contents of notarially certified document owing to illiteracy or physical defect (insufficient or total absence of sight), the notary reads aloud the text of the document about what on the document the mark becomes.
13. If person does not know language in which the notarial clerical work is conducted, the text of notarially certified or witnessed document is translated by the notary knowing this language, or the translator about what on the document the mark becomes.
14. In the text of notarially certified or witnessed document of the document relating to content date, term shall be written at least once by words.
15. If the legal entity addressed for making of notarial action, its name, business identification number and the location is specified.
In case of the request for making of notarial action of physical person, the information about him under the identity document, the address of the place of his residence, individual identification number is specified.
In case of the certificate of transactions on behalf of foreign citizens their nationality, concerning stateless persons - data on it is specified.
16. The notary does not take for making notarial actions the documents constituted in the language other than language of notarial production, which do not have properly the drawn-up transfer and also the documents having erasures, additions, the crossed-out words or other not stipulated corrections, documents written by pencil or having unreadable impress of a seal.
The submitted documents stated on two and more single sheets are stitched, sheets are numbered, the number of the stitched sheets are certified by the sign and seal of the official of the organization which issued the document.
17. In notarially certified document the notary can correct the spelling, grammatical or technical errors which are not creating change, the termination of the civil laws and obligations, and also not affecting the rights and the interests of the third parties protected by the law which make a reservation at the end of certifying text with putting down of the sign and seal of the notary.
18. The notary explains to person who addressed for making of notarial action, its rights and obligation and also warns about effects of the made notarial action that legal lack of information was not used to it in harm (the subitem 2 of Item 1 of article 18 of the Law).
19. In case of the certificate of transactions, issue of duplicates of notarially certified documents, witnessing of fidelity of copies of documents and statements from them, authenticity of the signature on documents, fidelity of transfer of documents from one language on another, in case of the certificate of time of production of documents on the relevant documents certifying texts behind the personal signature of the notary are made, and it is sealed it.
20. The text of certifying text is made by technical means (on the typewriter, the personal computer) or is legible is performed by hand, erasures are not allowed. Stamps with the text of the corresponding text can be applied to making of certifying texts. The certifying text on the document is located after the signature of citizens on the same page or on the back of the document.
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