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.