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ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of February 29, 2016 No. 104

About approval of forms of notarial certificates and resolutions, certifying texts on transactions and documents witnessed by notaries

(as amended on 28-04-2021)

According to the subitem 12) of article 32 of the Law of the Republic of Kazakhstan of July 14, 1997 "About notariate", I ORDER:

1. Approve:

1) the certificate on the right to inheritance under the law in form according to appendix 1 to this order;

2) the certificate on the right to inheritance under the law in form according to appendix 2 to this order;

3) the certificate on the right to inheritance under the law in form according to appendix 3 to this order;

4) the certificate on the right to inheritance under the law in form according to appendix 4 to this order;

5) the certificate on the right to inheritance under the law in form according to appendix 5 to this order;

6) the certificate on the right to inheritance under the law (in case of refusal the heir(s) from inheritance for benefit of other heir(s)) in form according to appendix 6 to this order;

7) the certificate on the right to inheritance according to the will (in case of refusal the heir(s) from inheritance for benefit of other heir(s) in form according to appendix 7 to this order;

8) the certificate on the right to inheritance under the law in form according to appendix 8 to this order;

9) the certificate on the right to inheritance under the law in form according to appendix 9 to this order;

10) the certificate on the right to inheritance according to the will (issued to the state or the legal entity) in form according to appendix 10 to this order;

11) the certificate on the right to inheritance according to the will in form according to appendix 11 to this order;

12) the certificate on the right to inheritance under the law in form according to appendix 12 to this order;

13) the certificate on the right to inheritance according to the will in form according to appendix 13 to this order;

14) the certificate on the property right in form according to appendix 14 to this order;

15) the certificate on the property right in form according to appendix 15 to this order;

16) the certificate on the property right in form according to appendix 16 to this order;

17) the certificate on the certificate of the fact of finding of the citizen in live in form according to appendix 17 to this order;

18) the certificate on the certificate of the fact of stay in the living minor or incapacitated citizen in form according to appendix 18 to this order;

19) the certificate on the certificate of the fact of finding of the citizen in certain place in form according to appendix 19 to this order;

20) the certificate on acceptance on document storage in form according to appendix 20 to this order;

21) the certificate on transfer of the statement in form according to appendix 21 to this order;

22) certifying text on the agreement signed by citizens in form according to appendix 22 to this order;

23) certifying text on the contract with participation of the legal entity in form according to appendix 23 to this order;

24) certifying text on the agreement concluded by citizens with participation of the representative in form according to appendix 24 to this order;

25) certifying text on the contract with participation of the minor (from 14 to 18 years) acting with the consent of the legal representative in form according to appendix 25 to this order;

26) certifying text on the agreement signed by citizens with person which cannot sign owing to physical defect, disease or on illiteracy in form according to appendix 26 to this order;

27) certifying text on the agreement on alienation of real estate signed by citizens in form according to appendix 27 to this order;

28) certifying text on the contract on alienation of real estate with participation of the legal entity in form according to appendix 28 to this order;

29) certifying text on the contract on alienation of real estate with participation of the representative in form according to appendix 29 to this order;

30) certifying text on the agreement on alienation of real estate signed by citizens with person which cannot personally be signed owing to physical defect, disease, illiteracy or for any other reasons in form according to appendix 30 to this order;

31) certifying text on the contract with participation of person on which not aware language the agreement, with interpretation is stated to it the text of the agreement the notary in form according to appendix 31 to this order;

32) certifying text on the contract with participation of face, not aware language in which the agreement, to which orally the translated text of the agreement the translator in form according to appendix 32 to this order is stated;

33) certifying text on the agreement on form according to appendix 33 to this order;

34) certifying text on the obligation in form according to appendix 34 to this order;

35) certifying text on the will written by the testator with own hand in form according to appendix 35 to this order;

36) certifying text on the will made in the presence of the witness in form according to appendix 36 to this order;

37) certifying text on the will on behalf of person which cannot personally sign owing to physical defect, disease, illiteracy or for any other reasons in form according to appendix 37 to this order;

38) certifying text on envelope of the confidential will made by the notary in the presence of two witnesses in form according to appendix 38 to this order;

39) certifying text on the power of attorney issued by the citizen in form according to appendix 39 to this order;

40) certifying text on the power of attorney issued by the citizen according to the procedure of retrust in form according to appendix 40 to this order;

41) certifying text on the power of attorney issued by the legal entity acting under the charter or provision in form according to appendix 41 to this order;

42) certifying text on the power of attorney issued by the legal entity according to the procedure of retrust in form according to appendix 42 to this order;

43) certifying text on the power of attorney issued by the legal representative of the minor aged up to 14 years in form according to appendix 43 to this order;

44) certifying text on the power of attorney issued by the citizen acting pro se and the minor child aged up to 14 years in form according to appendix 44 to this order;

45) certifying text on the power of attorney issued to the minors aged from 14 to 18 years acting with the consent of the legal representative in form according to appendix 45 to this order;

46) certifying text on the power of attorney issued by person who cannot personally sign owing to physical defect, disease, illiteracy or for any other reasons in form according to appendix 46 to this order;

47) certifying text on the telegram power of attorney in form according to appendix 47 to this order;

48) certifying text about certification of fidelity of the copy with the original of the document in form according to appendix 48 to this order;

49)  No. 151 is excluded according to the Order of the Minister of Justice of the Republic of Kazakhstan of 29.03.2019;

50)  No. 151 is excluded according to the Order of the Minister of Justice of the Republic of Kazakhstan of 29.03.2019;

51) certifying text about certification of fidelity of the statement from the document in form according to appendix 51 to this order;

52) certifying text about certification of fidelity of the copy from the copy of the document in form according to appendix 52 to this order;

53) certifying text about certification of signature in form according to appendix 53 to this order;

54) certifying text about certification of signature of the citizen acting by proxy in form according to appendix 54 to this order;

55) certifying text about certification of signature of the representative of the legal entity in form according to appendix 55 to this order;

56) certifying text about certification of signature of the minor (from 14 to 18 years) acting with the consent of the legal representative in form according to appendix 56 to this order;

57) certifying text about certification of signature of the citizen who signed for another owing to physical defect, disease, illiteracy or for any other reasons in form according to appendix 57 to this order;

58) certifying text about certification of fidelity of the transfer made by the notary in form according to appendix 58 to this order;

59) certifying text about certification of signature of the translator in form according to appendix 59 to this order;

60) certifying text on the document on time of its presentation in form according to appendix 60 to this order;

61) certifying text on the bill of exchange about payment in form according to appendix 61 to this order;

62) certifying text about non-payment of the check of form according to appendix 62 to this order;

63) certifying text on the duplicate of the certificate on the right to inheritance (agreements, wills, powers of attorney) in form according to appendix 63 to this order;

64) certifying text about certification of fidelity of the statement from the register in form according to appendix 64 to this order;

65) prohibition of alienation of the apartment house in connection with issue of loan (loan) for its construction, purchase or capital repairs in form according to appendix 65 to this order;

66) prohibition of property acquisition in form according to appendix 66 to this order;

67) prohibition of alienation of the real estate, in connection with the pledge agreement in form according to appendix 67 to this order;

68) the protest certificate in not dating of the acceptance in form according to appendix 68 to this order;

69) the protest certificate of the bill of exchange in non-payment of form according to appendix 69 to this order;

70) the protest certificate of the bill of exchange the extra acceptance in form according to appendix 70 to this order;

71) the act of the ship's protest in form according to appendix 71 to this order;

72) certifying text on the power of attorney for action making abroad in form according to appendix 72 to this order;

73) certifying text on the power of attorney issued by the legal entity for making of actions abroad in form according to appendix 73 to this order;

74) certifying text on the power of attorney at the same time from competent and illiterate persons for making of actions abroad in form according to appendix 74 to this order;

75) certifying text on the power of attorney made by the minor from 14 to 18 years acting with the consent of the legal representative (parents, adoptive parents, the custodian) for making of actions abroad in form according to appendix 75 to this order;

76) certifying text on the power of attorney made along with transfer of the text of the power of attorney by the translator for making of actions abroad in form according to appendix 76 to this order;

77) certifying text on the power of attorney made along with transfer of the text of the power of attorney by the notary for making of actions abroad in form according to appendix 77 to this order;

78) certifying text about certification of signature on the statements and other documents intended for making of actions abroad in form according to appendix 78 to this order;

79) certifying text about certification of signature on the statements and other documents from illiterate person intended for making of actions abroad in form according to appendix 79 to this order;

80) executive text in form according to appendix 80 to this order;

81) the resolution on cancellation of executive text in form according to appendix 81 to this order;

82) the certificate on the property right (on share in common joint property of persons having property on the right of joint property issued according to their statement) in form according to appendix 82 to this order;

83) certifying text on the power of attorney issued by the legal representative of the minor aged up to 14 years for making of actions abroad in form according to appendix 83 to this order;

84) certifying text on the power of attorney issued by the citizen acting pro se and the minor child aged up to 14 years for making of actions abroad in form according to appendix 84 to this order;

85) certifying text about certification of signature on the statements and other documents intended for making of actions abroad of the minor (from 14 to 18 years) acting with the consent of the legal representative in form according to appendix 85 to this order;

86) certifying text on consent in form according to appendix 86 to this order;

87) certifying text on the consent of the citizen who is not able to be signed personally owing to physical defect, disease, illiteracy or for any other other reasons in form according to appendix 87 to this order;

88) certifying text on consent made by the representative in form according to appendix 88 to this order;

89) certifying text on consent made by the minor aged from 14 to 18 years acting with the consent of the legal representative in form according to appendix 89 to this order;

90) the certificate on adoption of the confidential will in form according to appendix 90 to this order;

91) the protocol of opening and announcement of the confidential will in form according to appendix 91 to this order;

92) executive text about collection to the added, but not paid worker of the salary and other payments in form according to appendix 92 to this order;

93) the certificate on transfer on storage of the confidential will in form according to appendix 93 to this order;

94) certifying text about the certificate of equivalence of the electronic document made by the notary, to the paper document;

95) certifying text about the certificate of equivalence of the document made by the notary on paper, to the electronic document.

2. Recognize to invalid:

1) the order of the Minister of Justice of the Republic of Kazakhstan of January 31, 2012 No. 33 "About approval of forms of notarial certificates, resolutions, certifying texts on transactions and documents witnessed by notaries (registered in the Register of state registration of regulatory legal acts for No. 7448, publishes in the Kazakhstanskaya Pravda newspaper of 09.08.2012 No. 258-259 (27077-27078));

2) the order of the Minister of Justice of the Republic of Kazakhstan of October 22, 2014 No. 300 "About approval of forms of notarial certificates, resolutions, certifying texts on transactions and documents witnessed by notaries" (No. registered in the Register of state registration of regulatory legal acts 9888).

3. To provide to department of registration service and organization of legal services of the Ministry of Justice of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction on official publication in periodic printing editions and information system of law of Ad_let;

3) within five working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction in the Republican state company on the right of economic maintaining "The republican center of legal information of the Ministry of Justice of the Republic of Kazakhstan" for placement in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

4) placement of this order on Internet resource of the Ministry of Justice of the Republic of Kazakhstan.

3. To impose control of execution of this order on the supervising deputy minister of justice of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

Minister

B. Imashev

Appendix 1

to the Order of the Minister of Justice of the Republic of Kazakhstan of February 29, 2016 No. 104

Form

The certificate on the right to inheritance under the law

(issued to one or several heirs)

(village, settlement, city, area, area, republic) ____________________________________________

number, month, year прописью_______________________________________________________________

I, ______________________________________ notary ______________________________________

(surname, name and middle name (in case of its availability)) (the name of office of notary public or

_______________________________________________________________________________________

the notarial district of the private notary, number, date of issue and the body which granted the state license of the private notary)

I certify that based on the article _____ of the Civil code of the Republic of Kazakhstan heir(s) of property of the citizen

______________________________________________________________________________________,

(surname, name and middle name (in case of its availability) the testator)

the dead (it) "___" __________ 20 ___ years, is: (if to specify several heirs: "are in equal shares everyone:")

_______________________________________________________________________________________

(the related relations with the testator, surname, name and middle name (in case of its availability), date and the place

births, individual identification number, place residence)

The heritable property on which this certificate is granted consists from:

_______________________________________________________________________________________

(the property on which the certificate, identification characteristics is granted is specified,

supporting documents property right to this property and its details)

Heritable case No. _______________________

It is registered in the register for No. _______________

It is collected: _________________________

Seal Notary _________________________

                               (signature)

Note: if the certificate on the right to inheritance under the law is granted on the property which is subject to obligatory state registration, then it is necessary to specify: "Transition of the right to the specified heritable property is subject to state registration in registering body.".

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