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.
