The Amendments In The Law On Notaries

Original Language Title: Grozījumi Notariāta likumā

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://www.vestnesis.lv/op/2013/112.5


The Saeima has adopted and the President promulgated the following laws: the notarial act amendments to make the notarial act (Republic of Latvia Supreme Council and Government Informant, 1993, 26/27.nr.; The Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur, 1996, no. 15; 2002, no. 23; 2003, no. 14; 2004, no. 23; 2008, no 3; 2009, no. 3; Latvian Journal No. 183, 2010; 13, No 21) the following amendments: 1. Replace the words "the whole Law Gazette" journal "by the words" official publication "journal". 2. Express article 19, first paragraph, the second sentence by the following: "extraordinary proficiency test tool and sworn notaries for their round four months after repeated application of disciplinary actions." 3. turn off the first part of article 20. 4. Turn off the article 21, second paragraph, third sentence, the words "the land registry Department judges District Court". 5. the express 54. the first paragraph by the following: "the Bill of exchange protest act book consists of protest act of copies in paper form, on which the State fee is not charged." 6. To express the following in article 57:57. "this law 45.1 recalled the mandate laid down in article in the register indicates the Governors and principal's last name and first name, news of the recall of mandates, sworn notaries, which published an announcement, official spending, which published an announcement for the withdrawal of authorisation, stating the Edition, publication year, day, month, and release number. This law provided for in article 45 a future mandate the registry specifies the proxy and principal's last name and first name, news of the future mandate of the Governors the right to start and stop them, giving their supporting documents, as well as news about future mandate revoked, sworn notaries, which published an announcement, official spending, which published an announcement for the withdrawal of the mandate of the future, citing the Edition, publication year, day, month, and release number. " 7. Express article 63, the second and the third subparagraph by the following: "If a sworn notary has died, moved to the time in another post in another area of the District Court or repealed, they seal the ievīl and put the Minister of Justice. If sworn notaries have a suspended or reassigned to other posts while other district courts in the territory, she transferred to the Minister of Justice of stamps not ievīlēt. If the suspended sworn notary or sworn notary shall remain in Office, who moved to the time in another post in another area of the District Court, resumes the duties of posts in which he was originally appointed, sworn notaries from stricken give him back. " 8. Supplement article 73, second subparagraph, the words "or, if the relevant documents signed with a secure electronic signature, add time stamp". 9. Express article 75, the second subparagraph by the following: "certificate or the certificate, according to which sworn notary must verify the identity of the person, the person's declared place of residence. If the identification of the person or the place of residence declared are not included in the population register or the certificate is issued, in accordance with which a sworn notary does not have to verify the identity of the person, by person records residence hearing declarations. " 10. Replace article 86, paragraph 1, the words "spirit of sick" with the words "persons with mental disabilities". 11. Make the third paragraph of article 101.8 first sentence by the following: "If a sworn notary in doubt about the transaction compliance, consumer protection rules or members of true will, the doubts should be discussed with the participants the transaction." 12. Supplement article 102 with the words "whether or not a book extract of notarial acts is published in electronic or paper form". 13. Add to article 107, the second subparagraph with the words "whether or not the Act was issued in electronic or paper form". 14. To supplement the law with the D1 section as follows: "D1 title deeds that enforceable court judgement execution order 107.1 in law of civil procedure court order enforceable judgment (enforcement of securities) in the form of a notarial deed was given contracts: 1) temporary contracts for the payment of money or movable property or return the document; 2 duration of the lease or loan) contract, the lessee or loan taker duties due to the fact that the deadline to leave or transfer the leased or loaned property; 3) agreement on a one-off or periodic maintenance payments. The first part of this article the following, in the form of a notarial deed made agreements not to be forced to comply, if it is directed against the State or municipal property or relation is deleted with the expiry of the limitation period, which is clearly visible from the same Act. If a notarial act 107.2 obligations fulfillment depends on verifiable conditions above, you can pass a law enforcement, if the accession this condition are known or demonstrable notary with public documents, records of the national information system or documents issued by credit institutions. 107.3 the enforcement can pass this law article 107.1 specified in the first subparagraph of notarial acts that meet the following requirements: 1) marketable for the execution of the Act the provisions comply with the consumer protection requirements; 2) Act clearly defined obligations, they executed the principal, interest, penalty amount determined according to the provisions of the law on the determination of the amount of the contractual penalty and enforcement obligations, deadlines, procedures and conditions; 3) of the Act the debtor directly and unambiguously agreed commitments forced execution. Following the approval of the trustee on behalf of the debtor can give only if he has specifically authorized; 4 members of the Act the Act) pointed out in his address that sent the notice shall be deemed to be received. 107.4 vendor of notarial acts may submit a sworn notary transfer of the compulsory execution within one year from the time of performance of the obligation in question of accession. If a notarial deed is not passed compulsory execution within one year from the time of performance of the obligation in question of accession commitment may require general judicial claims procedures. If sworn notary supplies notary law enforcement, penalties and interest growth stops in the day when a notarial deed filed a sworn notary transfer of forced execution. application for transfer of liabilities 107.5 forced execution creditor or his or her representative, heir or legal pēcniek may submit a sworn notary who made the enforcement of compulsory use of notarial acts. Sworn notary verify the applicant's identity and the right of representation. The application shall specify which obligations and after some requests to put the Act of forced execution (leave or transfer the leased or borrowed property, a specific property, documents or the amount to be recovered) separately, the principal penalty and interest (the tied ones or statutory), including their calculation, the time at which the liquidated damages and interest recovered, as well as the name of the credit institution and account number to which the payment is to be made. The application adds execution of notarial acts, be it the amendments and additions, if given, and, if necessary, evidence to confirm the condition. The amount of the penalty recovered indicate, pursuant to the law provisions on the determination of the amount of the contractual penalty and calculation. If sworn notary 107.6 finds that the application does not meet the vendor of this law to the requirements of article or rule 107.5 in the notarial act in which a vendor please put a forced execution, do not meet the requirements of this section, article 39 of this law, he is in the third paragraph under the procedures laid down in the acts of notary refused the judgment. Notarial execution Act 107.7 sworn notaries make as notarial acts within three working days of this law, in application of article 107.5 receipt. It specifies: 1) of the Act, the annual judgment day and month; 2) involved and to what extent are enforceable; 3) is issued for the execution of the notarial deed (name, surname, personal code, place of residence or entity name, registered office and registration number); 4) a person against whom a drive (name, surname, personal code, place of residence or entity name, registered office and registration number). Notarial execution Act shall be issued by the vendor and the service is not subject to appeal in court. If the execution of the different places to be or act was given in favour of multiple vendors or directed against several debtors, sworn notary at the vendor's request, issue a number of deed execution. If you are given a number of deeds executed, each of which indicates precisely the venue (venue) or part of the obligations which the notarial act of this run the executable, but jointly operated also in the case of a debtor against whom enforcement after verifying the performance of notarial acts. Notarial acts in the performance of the model approved by the Cabinet of Ministers. Notarial acts in the execution of 107.8 transcript sworn notary sends to the debtor in the notarial act contains the executable and to his declared place of residence. Notarial acts in implementation also sends a copy of the debtor's creditors to address, if different from the above. 107.9 If the debtor considers that the creditor's claim for the discharge of obligations is unreasonable, he may bring an action in the civil procedure law 406. in accordance with the procedure laid down in article. 107. l0 applicable law and jurisdiction in the form of a notarial deed to make agreement on a one-off or periodic maintenance payments cross-border cases, which can put a forced execution shall be determined in accordance with the Council of 18 December 2008, Regulation (EC) No 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (hereinafter Regulation No 4/2009). at the request of the interested party 107.11 a sworn notary deed issued to the Council by the Executive Act issued 22 December 2000 Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters article 57, paragraph 4 of the certificate (Regulation No 44/2001, annex VI). At the request of the interested party the sworn notary, on the basis of Regulation No. 4/2009 and its article 48, paragraph 3 of the notarial execution issued on agreement on a one-off or periodic maintenance payments in the notarial act extract extract (Regulation No 4/2009 of annex III). At the request of the party sworn notary, on the basis of the European Parliament and of the Council of 21 April 2004, Regulation (EC) No 805/2004 creating a European enforcement order for uncontested claims (hereinafter Regulation No 805/2004) and its article 25, paragraph l of the notarial deed issued the statement of the Executive legislation European enforcement order (Regulation No 805/2004, annex III). Sworn notary, notarial execution Act had made it, at the request of an interested party can correct errors in a European enforcement order or withdrawal of the European enforcement order on the basis of Regulation No 805/2004, article 10. When submitting a request for rectification of a European enforcement order or revocation of uses of Regulation No 805/2004, article 10, paragraph 3 of the form (Regulation No 805/2004, annex VI). " 15. Supplement article 108.1 of the fourth subparagraph by the following: "representations, which are not going as a deed laws and not individuals, can make a signature in electronic form." 16. Replace the words "in article 180 a sworn notary Council" with the words "Latvian sworn notary Council". 17. Add to article 230 with 9.1 points as follows: ' 91) issued by news from the heritage register and the public register of wills; ". 18. To supplement the law with the N1 section as follows: "section of the public N1 probate registry probate registry 249.1 Public Curator and the holder is a Latvian sworn notary Council. Public wills registry data for this law referred to in article 249.2 last want of legislation was made, starting with the public register of wills's start-up days, is public confidence. Public wills registry data for this law referred to in article 249.2 last want of laws given to the public register of wills start-up date is informative in nature. The Cabinet of Ministers shall determine the order in which the public will be kept in the register, to be included in the registry, as well as where the procedures and the extent to which news submit register and issued from the register. News from the public service in the Probate Registry where the Cabinet is a paid service. Fee for the issue of the public message will register, payment arrangements, as well as exemptions from the fee determined by the Cabinet of Ministers. 249.2 Sworn notary public will be submitted to the registry: 1) of the wills, given their revocation, modification and additions; 2) for storage in wills, revocation, amendment and replenishment; 3) cabinet order in the cases specified, and to the extent — for the purposes of publicly certified business, modification and abolition of Ordinances which contain death. " 19. Supplement article 252 after the word "last" with the word "declared". 20. Supplement article 253 after the word "last" with the word "declared". 21. Article 258: make second sentence of the second paragraph the following wording: "heritage curator and keeper of the register is the Latvian sworn notary Council."; to supplement the article with the fourth paragraph as follows: "the issue of legacy News registry Cabinet where it is paid service. Fee for the issue of legacy News Register, payment arrangements, as well as exemptions from the fee determined by the Cabinet of Ministers. " 22. To supplement the law with 259.1 and article 259.2 as follows: "after the opening of successions 259.1 of sworn notary public will make sure that the registry or it is registered in the testator's last will order Act. 259.2 sworn notary who is one of this law, the last mentioned in article 249.2 want order acts, issued the demand then sworn notary, who leads the heritage. " 23. Add to 281. the first paragraph of article 6 paragraph 3, after the word "last" with the word "declared". 24. Replace article 295 the number and the words "in Article 251" with a number and the word "the" in article 252. 25. Supplement article 311., after the word "last" with the word "declared". 26. To complement the 312. the first paragraph of article 6, paragraph 2, after the word "last" with the word "declared". 27. To supplement the article with 326. the third paragraph as follows: "the applicable law in cross-border divorce matters shall be determined in accordance with the Council of 20 December 2010 Regulation (EU) No 1259/2010, implementing closer cooperation as regards the law applicable to divorce and legal separation." 28. Supplement article 338. by the second part as follows: "information about divorce in cross-border cases sworn notaries are sent to the Ministry of Foreign Affairs." 29. the transitional provisions: replace paragraph 21, the word and the number "and 2012." with numbers and the word "2012, 2013 and 2014.."; transitional provisions be supplemented by 23, 24 and 25 as follows: "23. This law, in article 11.1 of the vacant sworn notary posts fill may 2013 and 2014 except when assessing the need, it is concluded that the vacant posts notary sworn is completed. 24. Sworn notaries public within one year from the Probate Registry start-up days submit the details of the law referred to in article 249.2 last want of legislation that made of the notarial law from the date of entry into force (1 September 1993) to the public register of wills's start-up day. The above information will be submitted to the public registry in accordance with this law, the second paragraph of article 249.1. 25. This law, article 230, paragraph 9.1, N1 section "public register of wills", and article 259.2 259.1 shall enter into force on 1 may 2014. " The law shall enter into force on 1 November 2013. The law in the Parliament adopted 23 May 2013. The President of the Parliament instead of the President's Āboltiņ 2013 in Riga on June 12.