of December 4, 1997 No. 1123
About approval of the Regulations on licensing procedure on the occupation right notarial activities
In pursuance of the Law on notariate N 1153-XIII of April 11, 1997. (The official monitor, 1997, N 61, the Art. 520) DECIDES: the Government of the Republic of Moldova
1. Approve Regulations on licensing procedure on the occupation right by notarial activities it (is applied).
2. Determine that issue of licenses to notaries public and specialists of department of notariate and legal profession of the Ministry of Justice will be made free of charge, and to other persons - for a fee which size will be determined by the Ministry of Economics and reforms and the Ministry of Finance by the offer of the Ministry of Justice.
Prime Minister of the Republic of Moldova
Ion Chubuk
Approved by the Order of the Government of the Republic of Moldova No. 1123 of December 4, 1997
1. According to the Law on notariate issue of licenses for the occupation right notarial activities (further - the license) is performed by the Ministry of Justice based on the decision of the qualification commission.
2. The license can be granted to the citizen of the Republic of Moldova who is living in its territory, capable, having the higher legal education, the corresponding length of service or passed training in notary office, passed qualification examination on competitive basis, knowing state language in the limits set by the legislation, and not having unspent conviction.
3. According to the statement of person applying for receipt of the license after passing qualification examination the Ministry of Justice considers question of licensing based on the documents submitted by the secretary of the qualification commission (the decision of the qualification commission, the copy of the diploma, the document on passing of training in notarial bureau) and makes the decision on licensing or on refusal in licensing.
4. The decision on refusal in licensing is made if the citizen who addressed for its obtaining:
a) 2 this provision do not meet the requirements of Item;
b) it is deprived of the right to be engaged in notarial activities judicially;
c) is under examination.
About the made decision in writing it is reported to the applicant with indication of cause of failure in licensing.
The refusal in licensing can be appealed judicially within a month from the date of receipt of the decision of the Ministry of Justice.
5. Person who acquired the right to occupation notarial activities is confirmed to the post for unrestricted term by the order of the Minister of Justice according to the offer of Council of the Union of notaries.
6. The license is granted in the established form after payment of the corresponding collection.
Registration number at which it is entered in the State register of licenses for the occupation right by notarial activities is assigned to the granted license. Storage duration of registers of 75 years.
In case of loss of the license its duplicate can be issued.
7. Person having the license who within three months did not get to work of the notary can be allowed to position of the notary only after repeated passing qualification examination and receipt of the new license.
8. The license can be cancelled based on the judgment about deprivation of the right to be engaged in notarial activities and according to provisions of article 28 of the Law on notariate.
9. Person whose license was cancelled based on the judgment has the right to address to the Ministry of Justice behind receipt of the new license after 10 years from the date of cancellation of the first again, and in case of revocation of license as the disciplinary sanction (article 28 of the Law on notariate) the interested person has the right to address for receipt of the new license after 3 years from the date of withdrawal of the first license.
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