In the diplomatic missions and consulates of the Republic of Azerbaijan, the notary acts shall be carried out by authorized officials - consuls.
Consuls carry out the following notary acts:
1) approve deals and powers of attorney excluding the alienation of immovable property situated in the territory of the Republic of Azerbaijan and the pledge agreement;
2) take measures for the protection of inherited property;
3) issue certificates of inheritance;
4) issue certificates of share ownership in the common property of the spouses;
5) confirm the accuracy of the copies of the documents and extracts from the documents;
6) confirm the authenticity of signatures in the documents;
7) confirm the accuracy of the translation of documents from one language to another;
8) confirm the fact of the person being alive;
9) confirm that the person is in a certain place;
10) confirm the identity of the person in the photo;
11) approve the date of submission of the documents;
12) accept the obligation of the obligation, deposit money, securities and testaments;
13) keep executive records;
14) accept documents for storage;
15) draw up sea protests;
16) provide evidences.
In addition, the consular officer may draft transactions, petitions and other documents, make copies of documents and extracts from them, give advice on the conduct of notarial acts, and request from individuals and legal entities documents and information to carry out those acts.
A consul can not carry out notary acts for himself, on his own behalf and on behalf of his/her spouse, his own and on behalf of his/her spouse’s relatives (parents, children, grandchildren, grandparents, as well as brothers, sisters, uncles, aunts), on their children’s behalf and on behalf of these persons, and on behalf of the employee working with that consul.
Clerical affairs on the notary activity is carried out in the state language of the Republic of Azerbaijan.
If a person applying for a notary acts does not know the language of clerical proceedings or asks for a notary acts to be conducted in any language, a consul may draft the texts of the documents in the desired language, or the translator interprets the document in the language that he/she is familiar with.
If a person does not know the language of the document, s/he signs the document in the language s/he knows.
Notary acts is carried out only after payment of state fee is made.
Main rules of conducting notary acts in diplomatic representations and consulates of the Republic of Azerbaijan
Duration for conducting notary acts
Notary acts are carried out on day of the submission of all documents and payment of state fee.
Notary acts may be postponed for a period of no more than one month if there is a requirement for additional information or documents from officials of state institutions, enterprises and organizations or to send the documents for examination to relevant state authorities of the Republic of Azerbaijan.
In case if the information from the courts of the Republic of Azerbaijan about the receipt of an application from a relevant party of a dispute on the law or fact that is subject to approval, the notary acts should be postponed until the case is resolved in the court.
Documents confirming the identity of a person performing notary acts
When performing notary acts, a consul clarifies the identity of persons applying for notary acts, as well as their representatives or representatives of legal persons on the basis of the following documents:
- ID of a citizen of the Republic of Azerbaijan;
- Ordinary passport of the citizen of the Republic of Azerbaijan;
- Service passport of the citizen of the Republic of Azerbaijan;
- Diplomatic passport of the citizen of the Republic of Azerbaijan;
- Driving license of a citizen of the Republic of Azerbaijan (in order to clarify the identity of a trustee during the confirmation of a power of attorney for the temporary use of a vehicle);
- Birth certificate of a citizen of the Republic of Azerbaijan (only in relation for juveniles under the age of 16);
- ID or military certificate issued by military units and commanders of the military departments of the Republic of Azerbaijan (for identification purposes of military servants);
The identity of sailors is clarified on the basis of their ID.
The authenticity of copies of documents and extracts from documents may be clarified on the basis of identity of citizens, as well as service ID, the student ticket and or the driver's license issued by the institution, enterprise, organization.
Signing of documents
Notarized transactions, as well as applications and other documents shall be signed by consul. If a transaction, application or other document was signed without consent of consul, a person signing it should personally prove a signature of a document.
If the party fails to sign a contract, application, or other document for a defect, illness or any other cause, that contract may be signed by another person upon his/her consent, participation and consent of the other person. If a person applying for a notary acts is illiterate and blind, the consul is obliged to read the text of the document and write a note thereon.
If a person applying for notary acts is deaf, blind, deaf or uneducated, the competent person who is able to explain it during the notary acts should make an absolute presence and confirm with his signature that the contents of the agreement, application or other document are in the agreement and in the other document, it is in the will of the deaf, the blind or the deaf person.
Requirements of necessary documents for notary acts
- It is forbidden to receive the documents containing unauthorized, erased and blacken attachments for which the text is not readable or the documents written in pencil for the notary acts. If the documents listed on several sheets are not certified by the number, unsanctioned, signed by the official and by the seal of the administration, enterprise and organization, these documents will not be accepted.
- When carrying out notary acts, the following should be taken into consideration:
- Texts of transactions and documents certified by a notary should be written clearly and righteously, the dates and terms of the text of the document should be written at least once and the names of the legal entities without abbreviation and with the indication of the address of the authority;
- First name, middle name and last name of the natural persons should be written in a complete form and their place of residence should be indicated;
- Documents consisting two or more separate sheets should be sewed, numbered and certified by seal;
- The amendments to the text of the document which the parties do not sign are conditioned by the consul at the end of the approval note.
The consul has a right to request the information and documents required for the conduct of notary acts from the departments, enterprises and organizations. Required information and documents should be submitted within the period specified by consul. This period cannot exceed one month.
Issuing duplicate of documents
In case of loss of the document approved or issued by consul, copies of the documents issued or confirmed by consul are duplicated in the written application of the person, department, enterprise and organization instructed to carry out the notary act before the transfer to the state notary archive of the Republic of Azerbaijan.
The duplicate of the document should have the full text of the document confirmed or issued. A duplicate document is attached to the form. In a specified form, a confirmation is noted down on the duplicate of the document.
The duplicate of the testament can be issued to the heirs indicated in the testament only after the testimony of the testator's death is presented by the heirs. When the heirs mentioned in the testament die, the duplicate of the testament may be issued to their heirs, a certificate of death of the testator (if such certificate was not previously issued) and the death certificate of the deceased heir. The consul can only fix obvious errors or obvious mathematical mistakes that do not change the essence of the confirmed or issued document either at his own initiative or at the request of the persons concerned.
Consular duties during the conduct of notary acts
The consul should carry out the following activities when performing his/her duties:
- explain rights and obligations in respect of notary acts carried out by natural and legal persons and assist in the protection of their legal interests;
- notify them of the conduct of notary acts;
- comply with the legislation of the Republic of Azerbaijan;
- keep confidential information known to him in connection with his professional activity.
Registration of notary acts
All notary acts carried out by consul are recorded in appropriate notary registration:
- confirmation of the copies of the documents and the accuracy of extractions from the documents in the "1-S" registry;
- testament, inheritance certificate and certificate of ownership in the "2-V" registry;
- all contractions except for the alienation of immovable property in the "3M" registry;
- deposit acts in the "5-D" registry;
- legalization of documents in the "6-L" registry;
- The following notary act
- s are registered in the "7-E" registry:
- taking measures for the protection of inherited property;
- authentication of signatures in the documents;
- confirming the accuracy of the translation of documents from one language to another;
- confirming the fact that the person is alive;
- confirming the fact that a person is in a certain place;
- confirming the identity of a citizen correlates with a person depicted on a photo
- confirmation of the time of submission of documents;
- conducting executive records;
- reception of documents for storage;
- compilation of the marine protests;
- providing proof of evidence.
Consul issues an extract from the notary registry on the basis of a written application of legal and natural persons who commissioned or were carried out notary acts, as well as by the court, investigation and inquiry authority. The extract from the notary registry is confirmed by consular seal.
Refusal to perform notary acts
Consul can refuse to perform notary acts in the following cases:
- the conduct of notary acts contravenes with the law;
- notary action should be carried out by another consul, notary or official;
- when acted by person who is not able to perform a notary act or when addressed by a non-authorized representative;
- transaction concluded on behalf of the legal person contravenes with the goals specified in its regulation or charter;
- if transactions are incompatible with the requirements of the law;
- if the documents do not meet the requirements of the legislation or the documents contain information that distorts the honor and dignity of some persons;
- if the content of the transaction does not comply with the true intentions of parties.
At the request of a person who has been denied for the notary act consul should make a reasoned decision on the reasons for the refusal and explain the procedure for filing a complaint within three days. A person who does not agree with the notary act or non-registration of a notary act has the right to file a complaint about the decision of the consul to the appropriate court.
When consul discovers that persons or officials violate the legislation, s/he notifies the concerned department, organization or prosecutor for taking necessary measures. If the authenticity of the confirmed document is doubtful, consul should take this document and send it to the examination.
Complaints regarding acts of a consul that are not related to the essence of notary acts (violations of the deadlines for notary acts, non-observance of certain reception time, obscenity etc.) are considered by the Ministry of Foreign Affairs of the Republic of Azerbaijan.
In case of material damage to individuals, organizations or the state as a result of illegal actions of consul, s/he bears material responsibility in accordance with the legislation of the Republic of Azerbaijan. The amount of damages is determined by agreement of the parties or court.
A certain amount of state fee determined by the legislation is subjected to carry out notary acts by the diplomatic representations and consulates of the Republic of Azerbaijan.
The state fee to carry out notary acts is transferred to the state budget. When consul goes for notary acts outside the workplace, actual transportation costs should be paid by an interested person (a person applying for notary act).
According to the Law of the Republic of Azerbaijan "On State fee" the rates of the state fee for conducting notary acts are as follows.
In accordance with Article 17.4 of the Law of the Republic of Azerbaijan "On State fee" of 2001, in addition, heirs and testators pays for rent of a room, transportation, travel, postal, stationery and other expenses for the protection of real estate property .
The state fee for the duration of storage and retention of documents is paid in advance and the incomplete month is considered as completed month.
Exemption from payment of state fee
Article 11.1 and 17.1 of the Law of the Republic of Azerbaijan "On State fee" of 2001, the following are not subject to state fee for conducting notary acts in the diplomatic representations and consulates of the Republic of Azerbaijan:
- for receiving documents confirming birth, death, adoption and paternity;
- for power of attorney granted for pension, allowance, assistance and alimony;
- for confirmation of testaments and certificates of property forgery for the benefit of the Republic of Azerbaijan;
- for protection of property of the board members of ship, air and other transportations of the Republic of Azerbaijan, as well as the property of the citizens after their death.