The Amendments In The Law On Notaries

Original Language Title: Grozījumi Notariāta likumā

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/221389

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) the following amendments: 1. Turn off 11.4 article.
2. Turn off the article 37, the words "in agreement with the President of the District Court."
3. Express article 41 the following: "41. sworn notary to make legislation and prohibited representations in their own cases, your spouse, former spouse, also their spouses and relatives in a straight line across all grades, off line, up to the fourth degree and affinity — up to the third degree, as well as your own or your spouse's custody or guardianship of the person or his or her spouse's own adoptive or adopted. Sworn notary to make legislation and prohibited representations, even if he has a personal or property directly or indirectly interested. "
4. Make the following article 47: "47. Records and storage of books cauraukl the notary certified and delivered to the Latvian Council of sworn notary Council.
Latvian sworn notary Council checks the registry and storage of books in compliance with the prescribed form and the page number and the last page ends of twine with strengthened paper label, make the connection, specifying the registry storage of books or fitness for a particular shape, number of pages and the closing date. If, when checking the registry and storage compliance, found the book, records and storage of books returned to the sworn notary failures. "
5. the express 54. the first paragraph by the following: "the book of Acts iesienam and seal this law, in article 47. Also appearing on the inscription of the closing Act and this Act referred to in article 128, the number of the document. "
6. To supplement the law with article 60.1 of the following wording: "the Latvian Council of sworn notaries 60.1 of the Council shall be submitted annually to the Minister of justice information on sworn notary register of practitioners, the book of notarial acts and storage of books in compliance with the requirements."
7. Article 61 of the following expression: ' 61. If sworn notaries have moved, suspended, or cancelled free from Office, the Minister of Justice, acting for the removal, suspension, or revocation of release, while others designate sworn notary law referred to in article 62 of the book thing, and stored value for takeover and not later than the working day following the issuance of this order, shall inform the Latvian Council of sworn notary Council and President of the District Court concerned.
If sworn notary is dead, the Minister of Justice as early as possible, but not later than within two weeks after receipt of such information posted other sworn notary this law book referred to in article 62, case, and stored value for takeover and not later than the working day following the issuance of this order, shall inform the Latvian Council of sworn notary Council and President of the District Court concerned.
The Minister of Justice after the Latvian sworn notary Council or on its own initiative, a proposal of this law, the book referred to in article 62, case, and store the value of a designated neighborhood newly elected or the nearest populated place of sworn notaries practising. "
8. To supplement the law with article 61.1 of the following wording: "the 61.1 of the Act article 61 in the seconded the agenda sworn notary deadline in the order takes over from sworn notary who has moved, suspended, or cancelled free, this law referred to in article 62 books, things, laws and values stored in the presence of the Latvian Council of sworn notary Council and representatives of the relevant District Court.
In cases where a sworn notary fail to pass this law, referred to in article 62 books, things, laws and values can be stored, posted in sworn notary takes them over, in the presence of the Latvian Sworn Notary Council, the concerned District Court and representatives of the Ministry of Justice. "
9. Article 62 be expressed as follows: "by taking 62. notarial books and things, they concluded, the strengthening of the string on the last page ends with a paper label and the closing notice indicating the condition of books and things, what is described in the page count and condition of cords and stamps, as well as the date. Closing caption caption sworn notary who takes over these books, things, and stored values, and sworn notaries who they served. In cases where a sworn notary can not put books, things, and stored value, closing the inscription signed a sworn notary who takes them over, and the Latvian sworn notary Council representative.
Storage book in addition to the first part of this article, the news made the tag for the transfer of values stored, also a sworn notary. "
10. Article 63: turn off the first part;
Add to the second part of the sentence the following wording: "a sworn notary stamp Amounts transferred to the Minister of Justice is not ievīlēt."
11. To supplement the law with article 64.1 of the following wording: "64.1 constantly either with a sworn notary archives in accordance with the procedure prescribed by law and, where appropriate, shall provide to the permanent storage of the Latvian National Archives.
Sworn notary transfer of the archive organised by Latvian sworn notary Council. "
12. in article 65: a supplement to the article 3.1 paragraph by the following: "to accept in trust 31) obligations of the subject;"
Add to article 5.1 point as follows: "51) bring divorce proceedings;".
13. Express article 66, first paragraph, (1) of the following: 1 ensure rights and) rights in the land of the strengthening of security, as well as, the right security or message recording real estate cadastre and State enterprise register kept registers; ".
14. Article 71 of the following expressions: "71. documents drawn up in the Language of the inscription attestation can be done also in a foreign language, if sworn notary it can."
15. Supplement article 78 in the third paragraph as follows: "obvious clerical and mathematical calculation errors and receipts for sworn notary certifies the correction and rectification with your signature."
16. Add to article 80, the third part of the sentence the following wording: "If a decision of the Court about the handwriting inspection of the civil case, sworn notary or his authorized person on the day of the inspection personally delivered the necessary documents expertise reviewer. Immediately after the inspection the required steps they returned in a sworn notary or his authorised person and to be delivered back to the sworn notary practice. "
17. Article 102 off the words "except where the proper law notarial act must be submitted to the original".
18. the express article 104, the first paragraph by the following: "the book of notarial acts statements sworn notary deed issued by the participant or his representatives, heirs and pēcniek, except where the Act provides for the prohibition of a notarial deed to receive statement without a notarial act other participants consent, or certain other arrangements for receiving the statement. Book extract of notarial acts are issued to other persons, that the Act of the notary is entitled to receive, or representatives, heirs and pēcniek, and all other persons — only with the permission of the President of the District Court. "
19. Turn off article 105.
20. Article 106 of the following expressions: "106. copies of notarial acts sworn notary may issue those persons entitled to receive book extract of notarial acts."
21. To supplement the law with the 138.1 article as follows: "If the person 138.1 Please put notice, do not know the recipient's registered office or domicile, sworn notary it receives from the commercial register or the register of the population.
If the recipient (natural persons) residence in the population register is specified, a sworn notary shall publish a notice in the newspaper "journal". Such Notary Act chartered even if, by sending notice to the recipient's address or place of residence, receive mail notification about impossibility to transfer the shipment recipient.
Notice shall be deemed to have passed on the next working day following its publication in the journal of Latvia. "
22. Supplement article 139.1 of the third part as follows: "sworn notary may withdraw from the meeting, performance and event venue for certification, if asked to do so within five days of the meetings, activities or event."
23. To supplement the law with the F1 title by the following: "F1 obligations subject title in trust If Section 145.1 of the adoption 1837. in the cases specified in article cannot meet the obligations of the debtor, he shall be entitled to submit a matter of context storage at the place of execution of obligations in the relevant District Court for practicing sworn notary.
145.2 Sworn notary may submit such commitments to storage items: 1);
2) securities;
3);
4) valuables.
Other items for storage in a sworn notary may be lodged only in the case where the subject of the nature of a sworn notary it is possible to store them.

commitment item 145.3 sworn notary in trust shall provide onsite, adding it to the application, indicating: 1) the debtor's name, surname, personal code (if not, birth year, day, month, and place) and residence;
2) vendor that relationship is the subject of a candidate, or his successor in title name and domicile or location (legal address), if the debtor, the successor in title, or that known address is unknown to the debtor;
3) the legend to be submitted to the enforcement obligations of the subject;
4) reasons, it has not been possible to perform the obligations;
5 in the context of the subject) submit detailed description;
6) to issue a request submitted in the context of object storage vendor to request;
7) that the money paid to the sworn notary's account in the credit institution if the bailment is submitted non-cash.
If storage is provided in non-cash, the first paragraph of this article shall be accompanied by an application for payment of the deposit account of the notary certified credit institution.
145.4 sworn notary application by the debtor, without checking its accuracy, proceed according to this law, in article 140-143 specified, except where the trust is non-cash, and issue a debtor in respect of the subject matter of the kvitējum.
If the trust is non-cash, sworn notary after receipt of the application by the debtor, without checking its accuracy, proceed according to this law, in article 140 and 142, indicated that sworn notary cash contributions to the credit institution and the account of the debtor shall be issued in respect of the subject matter of the kvitējum.
After the adoption of the subject of the bailment sworn notary invites specified accounts payable no later than one month from the date of receipt of the invitation to submit a sworn notary application on the subject of the context. The vendor's signature on this application to which sworn notary or other civil law specified in article 1474.
If specific obligations has several creditors, creditors will send the invitation no later than one month from the date of receipt to submit sworn notary application, which expressed views on the subject of the transfer of obligations to the relevant vendor. The signature on this application to which sworn notary or other civil law specified in article 1474.
The invitation with the statement to be made this law 136. — the procedures specified in article 138, but if the vendor or his successor in title or location of residence (registered office) is not known — with the announcement in the newspaper Latvijas journal ".
Notice or announcement indicates also that commitment subject filed a sworn notary in trust.
the dispute between 145.5 creditors are about to whom the obligations, sworn notary shall inform the creditors that the dispute be settled claims in order. Following the entry into force of a legitimate court order, obligations subject to a court order to be served on the creditor, but if storage is presented in non-cash, it transferred to the vendor's account in a credit institution specified.
If other creditors within the time limit set in the notice is not submitted by a sworn notary application for the transfer of the subject of the obligations the creditor, he shall be deemed to have agreed that the marketable obligations subject to the appropriate vendor.
Get the vendor application for the issuance of the subject of the relation between vendors is the subject of the context or vendor affiliation is one, sworn notaries determines the day will addressed the question of the liability issue, and the subject of this Act 136 article 138 — in accordance with the procedure laid down in the notice of the debtor and the creditor. At the same time notify the creditors need to question the issue of consideration of the subject matter of the day submit a sworn notary (if one is given), which is the basis for the relationship.
145.6 If the vendor refuses to subject and there is a dispute about rights, sworn notary shall issue the commitment items back to the debtor against the signature of the depositor against the individual book or kvitējum or, if the trust lodged non-cash, transferred it to the debtor's account specified in the payment order in a credit institution, while explaining the debtor the right to resolve the dispute in court. Sworn notary right to settle the dispute in court claims in order to notify the vendor of this law 136. — in article 138.
The State fee for the filing of the subject matter of the trust relation, sworn notaries the taxi and other actual expenses shall be borne by the debtor.
145.7 While the vendor has not committed an application for the issuance of the subject of the obligation, the debtor can get back to the subject of the context.
Money paid by a sworn notary, to delete the relation or claims which are secured with the land registry, if this tag is deleted, the debtor can get back only with the consent of the creditor, be submitted to a sworn notary application form, or based on, having been convicted by a court ruling that the contribution is recognised as void. The vendor's signature on this application to which sworn notary or other civil law specified in article 1474.
If the debtor in accordance with the procedure laid down in this article is the subject of the connection gets back, sworn notary shall be issued against the signature of the depositor against the individual book or kvitējum or, if the trust lodged non-cash, transferred it to the debtor's account specified in the payment order to the credit institution and shall notify the vendor.
The State fee for the filing of the subject matter of the trust relation, sworn notaries the taxi and other actual expenses shall be borne by the debtor.
application for commitment items 145.8 service of sworn notary public appearance the day they practice rooms.
Sworn notary, found that the creditor agrees to receive related items, make the commitment of notarial acts and of the subject matter of the obligation to the creditor shall be issued against the signature of the depositor against the individual book or kvitējum or, if the trust lodged non-cash, transferred it to the vendor account specified in the credit institution.
Notarial act shall specify: 1) the debtor's name, surname, personal code (if not, birth year, day, month, and place) and residence;
2) vendor that relationship is the subject of a candidate, or his successor in title name and domicile or location (legal address);
3) of other creditors, if any, name and domicile or location (legal address);
4) its commitment to fulfill the legend that made the subject;
5) reasons for which it has not been possible to perform the obligations;
6) a detailed description of the subject;
7) information about this law and article 145.5 145.4;
8) mark of the undertaking, in whole or in part;
9) that the money is transferred to the vendor's account in a credit institution specified, if the non-trust money.
The State fee for the filing of the subject matter of the trust relation, sworn notaries the taxi and other expenditure actually borne by the creditor.
145.9 Before decide on the subject of the issue related to a vendor, a sworn notary required from the vendor (if one is given), which is based on the relationship that you want to delete with the commitment.
If the creditor obligations issued subject liability deleted part, sworn notary Act submitted back to the vendor and do notarial acts in the tag for it. If the creditor obligations issued subject liability deleted completely, sworn notary law submitted shall refer the debtor. "
176. Article 24: replace the first paragraph, the words "may" with the word "ask".
make the second paragraph as follows: "If a sworn notary for more than four months, replaced by another sworn notary or other sworn notary's Assistant, with the Minister of Justice or his officials set the order of notaries in the book, essential things, and values stored temporarily while a sworn notary fail to fulfil their obligations, this law and in article 62 61.1 established transferable sworn notary, notarial or sworn replacing Assistant which replaces a sworn notary. Its sworn notary stamp books, things, and stored values, the Minister of Justice shall refer the transferable without ievīlēt. "
25. in article 201: exclude words "books and things";
to supplement the article with the sentence the following wording: "for the sworn notary activity perceived irregularity of the judge inform the Latvian sworn notary Council."
26. Turn off 202. article.
27. Make 203. article as follows: "On a sworn notary 203. activities not detected by correctness, also of the District Court judge found not sent (201), prevention ensure that Latvian sworn notary Council, giving sworn notaries for instructions and advice and, where appropriate, proposing disciplinary proceedings or reporting to the relevant authorities, to assess the need to call the appropriate sworn notaries are criminally liable."
28. Make the following article 204:

204. "Once emerges that sworn notary he learned due to the position of property trust which exceed insurance claims, the President of the District Court to ensure the recovery of possession, received the following message from the Latvian sworn notary Council or other person immediately, but not later than within three working days of order sworn notary to seize movable property, as well as the record in the land mark for sworn notary public real estate indicating the amount to which you provide support. "
29. Add to article 230 with 6.1 points by the following: ' 61) at least once a year check each sworn notary's activities, books and things; ".
30. To supplement the law with the P section as follows: "P" section in divorce cases involving XXX chapter divorce case taking General 325. Sworn notary class marriage if the spouses have agreed on it and if: 1) the spouses have no common minor children and joint assets;
2) the spouses have a common minor child or joint property of the spouses and have entered into a written agreement for joint custody of the minor children, access rights, child maintenance and the Division of property.
326. Jurisdiction in cross-border divorce case shall be determined in accordance with the Council of 27 November 2003, the Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (hereinafter Regulation No 2201/2003) article 3.
If the divorce jurisdiction in cross-border cases in the Republic of Latvia, sworn notary divorce proceedings initiated and notify the spouses.
Chapter XXXI divorce proceedings started 327. Sworn notaries launches divorce case when both spouses received a joint application for divorce, after making sure that the divorce case has not started another sworn notary.
328. the application for divorce is going as of notarial acts.
329. The application for divorce: 1) each spouse's first name, last name, ID number (if not, birth year, day, month);
2) marriage year, day, month, register entry number;
3 marriage registration) and the national authority or the creeds and clergy;
4) or the spouses have common minor children and the spouses have agreed on joint custody of minor children, rights of access and maintenance;
5) or the spouses have common property and the spouses have agreed on the Division of property;
6) spouse surnames after divorce.
The application for divorce is added the original marriage certificate or a copy issued by the civil registry authorities or extract or a certificate from the register of births, deaths and marriages.
If the spouses have common minor child or joint property, the application for divorce is accompanied by a written agreement on joint custody of the minor children, access rights, child maintenance and the Division of property.
330. A sworn notary who received the application for divorce, the case records the divorce registry.
Divorce Registry led the Latvian sworn notary Association. This Act 331. the information referred to in article divorce registry entry sworn notary, who leads the divorce case.
331. the divorce registry entry: 1) the divorce case number;
2) divorce case start date;
3) marriage year, day, month, register entry number, and country of registration authority or the creeds and clergy;
4) date to which has the right to withdraw the application for divorce;
5) each spouse's name, surname and personal code (if not, birth year, day, month, and location);
6 sworn notary public) its name and the address of the place of practice, leading divorce case;
7) certificate of divorce judgment date, and case number or mark on the divorce case records.
332. Divorce is initiated on the day when the divorce is registered in the registry.
The divorce case of the initiation of a sworn notary shall notify both spouses.
Chapter XXXII divorce 333. Sworn notaries are divorced not sooner than 30 days from the initiation of divorce proceedings.
334. This law, within the time limit laid down in article 333. each spouse has the right to withdraw the application for divorce. Cancellation shall be expressed in writing and without conditions. The signature on the recall but to sworn notary or other civil law specified in article 1474.
In that case, sworn notaries shall divorce case when recording this fact divorce registry.
If the cancellation was lodged by one of the spouses, a sworn notary shall inform the other spouse for the cancellation and the divorce proceedings.
335. Ended in divorce proceedings is not renewable. Divorce is not an obstacle to the termination of new application for divorce.
336. If sworn notary Law 333. within the time limit laid down in article has not received a cancellation of a divorce, he divorced, make a notarial act concerning divorce (divorce certificate). The marriage is divorced from the days when sworn notary making divorce certificate.
Model of certificate of divorce shall be approved by the Cabinet of Ministers.
337. The divorce certificate sworn notary indicates: 1) divorced spouses name, surname, personal code (if not, birth year, day, month, and location);
2) divorced marriage a year, day, month, country, location, the number of entries in the register and the authority or the creeds and clergy;
3) divorce, day, month, year;
4) the fact that the marriage was dissolved by joint application of both spouses;
5) divorced spouses surnames after divorce.
338. For divorced spouses, who has the nationality of the Republic of Latvia, sworn notary prepares news about divorce and they send: 1) the vital statistics office where the marriage of action station established;
2) the Church where the marriage is recorded by the clergy;
3) the citizenship and Migration Board territorial Department after each divorced spouse declared place of residence.
339. at the request of the divorced spouse sworn notary shall issue the Regulation No 2201/2003 referred to in article 39 of the marriage certificate (Regulation No 2201/2003, annex I). '
31. the transitional provisions: off 2;
transitional provisions be supplemented by the following paragraph 21: ' 21. This law, article 19, first paragraph, first sentence, set in a sworn notary exam period of the organisation, not less frequently than once a year-may 2011 and 2012. Sworn notary exam 2011 and 2012 the Minister of Justice on their own initiative or the Latvian Council of sworn notary Council proposal can be held, considering the need. "
The law shall enter into force on February 1, 2011.
The law in the Parliament adopted the 2010 October 28.
President Valdis Zatlers in Riga of the 2010 November 17.