LAW OF THE REPUBLIC OF MOLDOVA

of April 14, 2016 No. 69

About the organization of notarial activities

The Parliament adopts this organic law.

Chapter I. General provisions

Article 1. Sphere of regulation

(1) This law establishes the principles of implementation of notarial activities, the status of the notary and the status of the notary-trainee, procedure for the organization and self-government of notaries, and also procedure for control of their activities.

(2) the Procedure of making of notarial acts and methodology of calculation of notarial payments are regulated by the separate laws.

Article 2. Principles of implementation of notarial activities

Activities of the notary are based on the following principles:

a) legality;

b) independence and impartiality;

c) personal implementation of the powers;

d) keeping professional secrecy;

e) nondiscriminations.

Article 3. Principle of legality of notarial activities

(1) the Notary performs activities in the limits established by the law.

(2) Notarial activities are supposed legal and corresponding to the law, the return will not be proved yet.

(3) Any notarial act provided as the proof to bodies of the public power, including to arbitral organizations, degrees of jurisdiction or other jurisdictional body confirms the facts established by the notary and stated in it, the return will not be proved yet.

(4) Certified, certified or otherwise the facts established by the notary in the notarial act or action do not require further proofs in bodies of the public power, including in arbitral organizations, degrees of jurisdiction or other jurisdictional body, except for case of cancellation of the notarial act the decision of degree of jurisdiction.

Article 4. Principle of independence and impartiality of the notary

(1) In the activities the notary is independent and submits only to the law. Any intervention in activities of the notary is forbidden.

(2) Persons guilty of violation of provisions of part (1), bear responsibility according to the law.

(3) When making the notarial act the notary shall be impartial, observe the rights and legitimate interests of persons who addressed for making of notarial action.

(4) In the activities the notary provides according to the law observance of the rights and legitimate interests of persons irrespective of race, nationality, ethnic origin, language, religion, floor, political affiliation, property status, social origin or any other sign.

Article 5. Principle of personal implementation of the powers

(1) the Notary performs notarial activities personally and cannot delegate the powers to other person.

(2) putting down on notarial acts of the facsimile signature is not allowed.

(3) the Notary can use the digital signature according to the law.

Article 6. Guarantees of activities of the notary

(1) the Notary uses stability in the activities. Activities of the notary stop in the cases provided by this law.

(2) the Degree of jurisdiction, prosecutor's office, criminal prosecution authority can make the decision on withdrawal of the register of notarial acts, the notarial act in the original, other documents based on which that was made, only in connection with the criminal, civil cases or cases on offenses which are in their production and for the purpose of conducting examination if this document is investigated regarding office forgery. The competent authority and person withdrawing notarial acts, documents based on which the notarial act, or registers of notarial acts was drawn up shall respect the rules of personal data protection, bear responsibility for their integrity and after goal achievement for which they were withdrawn, immediately return them to the notary.

Article 7. Professional secrecy

(1) the Notary shall keep professional secrecy about the committed acts and the facts which became to him known in connection with implementation of its activities irrespective of method and source of receipt of information, even after the termination of its activities.

(2) Information on committed notarial acts is provided:

a) to person on behalf of whom they were made, or to his representative. Information on the will is provided only according to the application in person of the testator, and the third parties – only after the death of the testator in the procedure established by the law if the testator did not exempt the notary from obligation of storage of professional secrecy;

b) degree of jurisdiction – on representation of determination of the judge, prosecutor's office and criminal prosecution authorities – based on the resolution of data of bodies and with the permission of the judge on criminal prosecution in connection with the criminal, civil cases or cases on offenses which are in their production;

c) to the bodies exercising control of notarial activities – within performed inspection;

d) to the legal executive – in connection with executive production on the probate cases which are in processing of the notary;

e) To the State Tax Service – according to the requirements established by the law.

(3) Before initiation of legal proceedings or case on offense the notary provides information on registration or not registration of the notarial act or action in the register of notarial acts upon the demand of prosecutor's office or criminal prosecution authority with obligatory submission by these bodies of information on registration number, registration date, the face which addressed for making of notarial action, and type of the notarial document.

(4) Persons to whom information which is available for the notary in connection with implementation of service or labor duties by them became known shall keep confidentiality of this information. Failure to carry out of this obligation attracts the disciplinary and civil responsibility.

(5) the Notary shall not keep professional secrecy and can provide information which is available for him in the following cases:

a) from written consent of person who addressed for making of the notarial action stated in the notarial act or other document. This consent can be expressed by the representative of person who addressed for making of notarial action or – in case of the death of person who addressed for making of notarial action – his heirs;

b) within the proceedings initiated by person who addressed for making of notarial action against the notary, – based on determination of degree of jurisdiction.

(6) Release from obligation of storage of professional secrecy is applied if disclosure of the relevant information does not infringe upon the rights and legitimate interests of other persons.

(7) If there are doubts concerning obligation of provision of certain information, the notary can request the conclusion of Notarial chamber.

Chapter II. Notary

Article 8. Status of the notary

(1) the Notary is the representative of the government, the representative in the procedure established by the law based on the license and the order on investment with its powers.

(2) the Notary is not government employee, and its activities are not entrepreneurial and cannot be carried to such activities.

(3) person, which can be the Notary:

a) is citizen of the Republic of Moldova and lives in the country;

b) it is not protected by judicial measure of protection in the form of guardianship;

c) is licentiate of the right or has the equivalent education document;

d) passed professional training according to this law;

e) passed qualification examination for the admission to profession of the notary;

f) knows Romanian;

g) underwent tender on substitution of vacant positions of the notary;

h) it is suitable for health reasons;

i) has faultless reputation.

Article 9. Incompatibility and restrictions on notarial activities

(1) Notarial activities are incompatible with any other paid activities or position, except for:

a) teaching and scientific activities;

b) literary and art and publicistic activities;

c) creative scientific and technical activities;

d) mediation activities;

e) ceased to be valid;

f) memberships in notarial bodies or other bodies in which structure it is elected by Notarial chamber or the Ministry of Justice.

(2) the Notary cannot make the notarial act in the following cases:

a) on the name and on its own behalf, addressed to and on behalf of his spouse / spouse, his relatives to the second degree of property inclusive, his cousins-in-laws to the second degree of property inclusive, persons which are under its or his spouses / spouse guardianship/guardianship addressed to and on behalf of his employee, the notary-trainee in its bureau or bureau of the notary combined with it;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info