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LAW OF THE REPUBLIC OF ARMENIA

of December 27, 2001 No. ZR-274

About notariate

(as amended on 27-06-2022)

Accepted by National Assembly of the Republic of Armenia on December 4, 2001

Chapter 1. General provisions

Article 1. Subject of regulation and coverage of the Law

1. This Law establishes the legal basis of activities of notaries in the Republic of Armenia, procedure of notarial activities and the main requirements imposed to notaries, procedure and the bases of appointment, discharge of notaries, legal protection of the notary, and also the relations connected with appeal of notarial actions and compensation of damage caused to persons by notarial activities.

Article 2. Legal basis of activities of the notary

1. The notary performs the activities on the basis of the Constitution of the Republic of Armenia, the Civil code of the Republic of Armenia (further the Civil code), this Law, other laws, legal acts and international treaties of the Republic of Armenia (further - the international agreements).

2. If international treaties establish the procedure for making of notarial actions other than this Law, then regulations of international treaties are applied.

Chapter 2. Notarial activities

Article 3. Notary

1. The notary is person performing the public services promoting implementation of justice which on behalf of the Republic of Armenia, according to the Constitution and the laws of the Republic of Armenia makes notarial actions and renders the notarial services provided by this Law. Features of the status of the notary are established only by this Law.

2. The notary makes notarial actions by means of witnessing of documents or provision of attested documents or making of other actions provided by the law.

The notary, witnessing the document, confirms its legality and certifies full-fledged evidential force of the document. The notary has the right to render also services, that is to give legal assistance, to give consultation, explanation or the legal conclusion or to constitute drafts of transactions or other legal documents, to perform other legal services, and also other functions providing making of notarial actions.

3. The notarial act has the public importance and full-fledged evidential force provided by the law.

4. Notarial action is made without prejudice, on identical for all conditions.

5. Only the notaries appointed in the procedure established by this Law can use the word "notary" or its derivatives in the name or in the name of the offices.

Article 4. Independence of the notary

1. The notary is independent when making notarial action or implementing other notarial activities and submits only to the law.

When making notarial actions it is forbidden to interfere with activities of the notary or to influence it.

2. Activities of the notary can be suspended or stopped only in cases, procedure and on the bases which are provided by this Law.

3. The notary without its written consent cannot be transferred to other notarial territory. The notary from its consent can be transferred to work on other notarial territory only in the presence of vacant established post of the notary.

Established posts of the notaries performing notarial activities cannot be reduced.

Article 5. Notarial secret

1. The notary shall keep in secret data (the data which are notarial secret) which became to it known of the documents certified or certified by it, and also about execution of notarial action or other services. This obligation is observed also after dismissal of the notary from work.

2. Person, from consent or concerning which notarial action is made and also his legal successor or the representative the written consent can exempt the notary from obligation to keep in secret making of notarial actions. The notary after death specified in this part of the face, in case of absence of his legal successor or impossibility to contact it, can be exempted from obligation of preserving notarial secret by the judgment. In the presence of other reasonable excuses the court can also exempt the notary from obligation of preserving notarial secret.

3. The notary issues certificates of making of notarial actions only to physical persons, and also legal entities, state bodies or local self-government (further - the organization) or to their representatives according to the statement, from consent or concerning which he made notarial actions.

4. According to the written requirement of the prosecutor or court or the investigator this in writing the notary gives certificates of the notarial or other performed by it actions, statements from notarial case, the copy or originals in connection with the criminal proceedings and civil cases which are at stage of pretrial investigation or legal proceedings and also in the cases established by the Law of the Republic of Armenia "About confiscation of property of illegal origin".

To the introduction of the court verdict in legal force the judge, the prosecutor, the investigator or the lawyer is forbidden to provide information on notarial actions to other persons, including mass media, and also to disclose this information in the performances.

With notarial actions within their competence have the right to get acquainted also the bodies performing according to the procedure and on the conditions established by the law, control of notarial actions or their officials.

5. The notary in the procedure established by this Law can provide the information on the will or its content only after the death of the testator.

The message of data on opening of inheritance to heirs, creditors is not considered violation of the procedure for provision of the data which are notarial secret established by this Law.

5.1. The message of data for the purpose of implementation of notarial action within notarial case to the notary, and also, in the cases which are directly provided by the law, to person specified in the law is not considered violation of the procedure for provision of the data which are notarial secret established by this Law.

6. The rules about nondisclosure of notarial secret provided by this Article extend to persons participating in the procedure established by the law in notarial actions (the witness, the translator and other), and also to persons to whom these data became known in connection with execution of the labor and service duties by them.

7. Notaries store the data and documents containing the state or official secret in the procedure established by the law.

8. In the cases provided by paragraph one of item 4 of this Article, the notary within three days after issue of certificates of making of notarial actions, statements, copies or originals has the right to notify on it persons participating in this notarial action if the law does not provide other.

9. Information provided by the Law of the Republic of Armenia "About anti-money laundering and terrorism financing" and being notarial secret is provided in case of representation to the authority established by this law, the report concerning the transaction which is subject to the obligatory notification in case of suspicion about money laundering or financing of terrorism or based on request of authorized body in the cases and procedure established by this law.

Article 6. The right of the notary to use the image of the State Emblem of the Republic of Armenia and the words "Republic of Armenia"

1. The Ministry of Justice of the Republic of Armenia (further - the Ministry of Justice) issues to the notary seal with the image of the State Emblem of the Republic of Armenia, with the words "Republic of Armenia", with name, surname of the notary and with indication of the notarial territory.

The notary's seal is set everything certified, either the documents or reports witnessed, or issued by the notary, and also for their duplicates, and the digital signature - on the documents certified by electronic method of the cases provided by this Law.

The notary has the right to have only one round stamp with the image of the State Emblem.

Also electronic version of the seal provided by this part is provided to the notary (further - electronic seal).

2. The notary has the right to use the image of the State Emblem of the Republic of Armenia and the word "Republic of Armenia" on sign and forms of the office.

Article 7. Bank accounts of the notary

1. The notary shall have in the bank determined by him bank and deposit accounts, including in foreign currency. The notary in the procedure established by the legislation independently disposes of the means which are on its bank or deposit accounts.

2. On bank accounts of the notary collection judicially only in the cases provided by the law can be turned.

Article 8. Legal protection of the notary

1. During detention, the drive, arrest, search of the notary, attraction it to administrative or criminal liability judicially the Minister of Justice of the Republic of Armenia (further - the Minister of Justice) and notarial chamber is without delay informed of it.

2. The place of employment of the notary can be subjected to search only by a court decision with participation of the representative of notarial chamber.

3. The notarial acts which are stored at the notary can be withdrawn only in the cases and procedure provided by the law.

On property, including on money of the notary collection judicially only in the cases provided by the law can be turned.

The notarial acts which are stored at the notary can be withdrawn for the purpose of check only according to the procedure, established by the Minister of Justice.

4. The state competent authorities shall take the necessary measures for protection of the notary established by the law if it or members of his family in connection with execution of the obligations by it was threatened with physical violence, destruction of property or other illegal actions.

5. Criminal prosecution concerning the notary can be initiated only by the Attorney-General of the Republic of Armenia.

6. The notary is exempted from training sessions.

7. The notary has service weapon and (or) has the right to have and carry special means. The notary based on civil or employment contracts can perform protection of the notary office.

Article 9.

Voided

Article 10. Position assignment of the notary

1. According to the procedure, provided by this Law, any capable citizen of the Republic of Armenia having qualification of the bachelor of the lawyer or certified specialist of the lawyer to whom 25 years were performed, not having criminal record, last at least one year of notarial activities, and in case of availability of 3-year working life of the professional lawyer or academic degree – minimum of 3-month training on notarial activities and passed qualification examination committee qualification examinations for position of the notary can be appointed to position of the notary.

The Minister of Justice can also appoint to position of the notary not past training on notarial activities and person who did not pass qualification examination who at least within three years performed in system of the Ministry of Justice of the Republic of Armenia or in notarial chamber within the last five years professional labor activity in the field of notariate.

In skill test of candidates for notaries can participate and be appointed to position of the notary also capable citizen of the Republic of Armenia having at least 5-year working life of the professional lawyer or academic degree irrespective of circumstance of training. The similar persons which underwent skill test are appointed to position of the notary after the end of the three-months occupations directed to training in skills of implementation of notarial activities according to the procedure, established by the Government.

2. The structure of qualification examination committee affirms the Minister of Justice. The commissions the equal number of persons employed of the Ministry and the notaries pushed by notarial chamber is included.

3. Position assignments of the notary are made by the Minister of Justice taking into account the conclusion of notarial chamber which shall be motivated and reasonable.

The Ministry of Justice grants to the notary the office certificate after appointment it to position.

Article 11. Procedure for test of qualification of candidates for notaries

1. Skill test of candidates for notaries is performed according to the qualification procedure for test approved by the Government.

2. The procedure for test of qualification establishes terms of carrying out skill test, the list of the documents necessary for participation in check, terms of their giving and quantity of the questions or tasks chosen for check, evaluation procedure, form of conducting check, time provided for conducting check, procedure for use of legal or other documents or technical means, the number of the points necessary for passing qualification examination, and procedure for protest of results of check, and also other provisions directed to proper carrying out skill test. The questions which are not subject to disclosure for check are prepared by the Ministry of Justice.

For all participants of skill test identical requirements shall be established.

If skill test is carried out by means of technical means, then the applicant shall get acquainted with procedure and conditions of use of technical means in advance.

3. To persons who passed qualification examination the certificate on qualification is granted.

Positive results of skill test of persons who are not appointed to position of the notary are valid within five years.

4. Legal acts about changes of procedure for qualification become effective in three months after their official publication if these acts do not establish later term.

5. About day, time and the venue of skill test the applicant is notified properly not later than seven days before check.

6. Skill test is carried out in Armenian.

7. Skill test is carried out in public. During conducting checks video filming, filming or sound recording can be made.

8. About results of checks the qualified person is notified properly, or they go to it not later than within five days after the end of checks.

9. For participation in skill test the state fee in the amount of and procedure, established by the law is collected.

10. Results of skill tests can be protested judicially within ten days after their obtaining.

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