The Amendments In The Law On Notaries

Original Language Title: Grozījumi Notariāta likumā

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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, 112; 2014, 228.98 no) the following amendments: 1. Express article 9 (1) of the following: "1) are nationals of the Member States of the European Union;". 2. Express article 19 by the following: "19. Exam, scheduled and extraordinary background checks background checks organized and ensure the Latvian Council of sworn notary Council. Extraordinary proficiency test tool and sworn notary it sorts within four months after the application of disciplinary measures. Decision on examination and proficiency testing organisation of and developments in the day adopted by the Minister of Justice on their own initiative or at the Latvian sworn notary Council proposal. " 3. Supplement article 66 the first part of paragraph 5 with the following: "5) to lead mediation as mediators, according to certified mediation rules laid down in law and order." 4. To supplement the law with the C1 title as follows: "section will C1 Foreign law enforcement in the cases stipulated by law 81.1 sworn notary apply other countries ' laws and establish the applicable foreign law.
81.2 if necessary, sworn notaries, to clarify the applicable foreign law contents: 1) invites the person to submit to a sworn notary certified in the foreign law, a translation of the text in the national language, if the foreign law refers to the same person; 2) it sorts out the Republic of Latvia in binding international agreements, European Union rules established or used Ministry of Justice establishing the content of foreign law; 3) use other available methods of the content of the foreign law.
sworn notary 81.3 If foreign law is not known and the content in accordance with this law, it is not possible to article 81.2 find sworn notary acts in accordance with article 22 of the civil code. " 5. To make the first paragraph of article 107.11 as follows: "at the request of the interested party the sworn notary deed issued the executive acts issued by the European Parliament and of the Council of 12 December 2012, the Regulation (EU) no 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (hereinafter Regulation No 1215/2012) the certificate referred to in article 60 (Regulation No 1215/2012 II)." 6. To supplement the law with article 206.1 as follows: "the decision of the District Court of 206.1 can appeal to the Supreme Court, filing a complaint on it next to the time-limits laid down in the law of civil procedure and agenda." 7. To supplement the law with article 213.1 of the following: 213.1 of the Act 213. "the first paragraph of article 6, paragraph 1 in the case of the Office prohibited sworn notary sworn notary can link to another post office (work), if this connection does not pose a conflict of interest is not in conflict with a sworn notary rules of professional conduct, not to the detriment of sworn notaries and State dignity, does not interfere with sworn notary's duties and if you have received a written authorization of the Minister of Justice. Sworn before a notary sworn notary bonding with another job (work) submitted to the Minister of Justice following written request to allow to connect a sworn notary with another job (work), the request shall indicate the following: 1) motivation to connect a sworn notary with another job (work); 2) information about the position (job), to which sworn notary wishes to connect a sworn notary, including the following positions (job) responsibilities; 3) proof of the first part of this article, the specified criteria; 4) proof that the national authority the information provided is true, and that sworn notary is aware of the criminal penalties for false declarations. The Minister of Justice before the authorization requested the Latvian Council of sworn notary Council to give an opinion on the request submitted by a sworn notary. The Minister of Justice, received the Latvian sworn notary Council opinion, taking into account the specified and other information in his possession, shall evaluate the request and the notary certified post (labour) compliance with the first paragraph of this article contains the criteria and decide on the authorisation or refusal to issue a permit for a sworn notary bonding with the request for the specified job (work).
Refusal to issue the permit is not an obstacle to the submission of the request, if the first part of the criteria. If, after the entry into force of decision of the Minister of Justice concerning the authorisation of a sworn notary connect sworn notary with another job (work), the Minister of Justice acquires knowledge that have changed the legal and factual circumstances that were the basis for the adoption of that decision and following a change of circumstances does not allow further posts, the Minister of Justice shall decide on the position of the connection permissions. If it is necessary for adoption of the decision, the Minister of Justice may ask the Latvian sworn notary Council for opinions, or found conditions may present a risk to the Law Office of permissible values for the join criteria. For this article, the fourth and the sixth part of the decisions taken by the Minister of Justice shall notify the sworn notary, sending notice to his declared place of residence address and inform the Latvian sworn notary Council. " 8. Supplement article 251 with 11 as follows: ' 11) on the European certificate of succession. " 9. To supplement the law with article 259.3 as follows: "259.3 sworn notary shall issue the filing order certified copies of the certificate of inheritance the creditors who have submitted claims to the succession. Taxes attribution authorities based on their request due to the tax administration, sworn notary shall issue the particulars of the persons who have expressed a willingness to accept the succession proved their heritage and rights. " 10. Add to article 291 of the second part as follows: "the party sworn notary's call to make the heritage protection shall be submitted to the jury bailiff." 11. Make 292. article as follows: "292. Heritage protection are: 1) the real estate, storage or packaging sealing; 2) real property or movable property seizure; 3) seizure of the funds. Sworn notary, on the basis of inheritance, the call specifies the property whose detention is to be carried out, its location and the interested person's name, surname, personal code (legal person – name, registration number and registered office), which has requested to carry out detention and the legacy of heritage protection measure. " 12. To supplement the law with the XXIX1 Department "cross-border heritage carriage" and XXIX2 ' European certificate of inheritance "by the following:" chapter XXIX1 cross-border heritage carriage 324.1 cross-border successions in the conduct of this applied certified notary law provisions, in so far as it allows the European Union rules that are directly applicable in Latvia.
324.2 Sworn notary has jurisdiction to take cross-border inheritance if there is any of the following criteria: 1) the testator's last residence was in Latvia; 2) succession of the applicant's place of residence is in Latvia; 3) implies property or the main part of the location is in Latvia; 4) a succession of the applicant is a national of the Republic of Latvia; 5) the testator was a national of the Republic of Latvia.
the application shall be submitted to a succession of 324.3 this law, article 252 of the sworn notary, but if the testator's last declared place of residence or heritable property or the main part of the location is not known, the application shall be accompanied by a succession of any sworn notary.
324.4 applicable law in cross-border cases of succession shall be determined in accordance with the European Parliament and of the Council of 4 July 2012 Regulation (EU) No 650/2012 on jurisdiction, applicable law, recognition and enforcement of decisions and authentic instruments of acceptance and execution of succession and on the European certificate of succession (hereinafter Regulation No 650/2012).
If sworn notary 324.5, who led a cross-border successions, receives the information that, under Regulation No 650/2012 in a court in another Member State than their own heritage of legal proceedings, he abandons this inheritance and notify the heritage register. If sworn notary, who led a cross-border successions, receives the information that, under Regulation No 650/2012 on the same heritage is carried in the cross-border inheritance settlement of another Member State, he continues to lead this inheritance, unless the inheritance in Latvia involved does not ask it to terminate. If sworn notary, who led a cross-border successions, receives the information that, under Regulation No 650/2012 is brought bound claim Latvian or other Member State Court to order the last will of the opposition to the Act, he shall suspend proceedings until the succession dispute to the Court.
at the request of the interested party 324.6 a sworn notary that issued a certificate of succession shall issue the Regulation No 650/2012 article 60 the proof referred to in paragraph 2.

XXIX2 chapter of the European certificate of succession 324.7 sworn notary, who led or led cross-border is the inheritance, you can make the Regulation No 650/31 2012. the rights referred to in article (in rem) customization, making the European certificate of succession or inheritance certificate or making additions to the European certificate of succession or inheritance certificates. These additions to the sworn notary Notary Act gives form and shall immediately inform all persons who served in an extract from the certificate of succession or inheritance of Europe or the European certificate of succession certificate copy.
the European certificate of succession 324.8 issued a sworn notary, if cross-border inheritance in Latvia have jurisdiction under Regulation No 650/2012 4, 7, 10 and 11.
application for the European inheritance 324.9 certificate issued shall be submitted using the form provided by the Commission on 9 December 2014 the implementing Regulation (EU) No 1329/2014, establishing a form referred to in Regulation (EC) No 650/2012 on jurisdiction, applicable law, recognition and enforcement of decisions and authentic instruments of acceptance and execution of succession and on the European certificate of succession (hereinafter Regulation No 1329/2014) Annex 4.
application for European 324.10 succession issue of the licence shall be submitted to the notary who certified or has led a cross-border successions in Latvia. Application for the issue of the European certificate of succession shall be submitted to the law referred to in article 324.3 sworn notary, if: 1) cross-border inheritance case in another Member State has issued an authentic instrument, with which this case is decided on the merits; 2) cross-border successions in another Member State are appointed executor of the will or legacy Manager; 3) cross-border inheritance is not initiated nor in Latvia, not in another Member State.
324.11 sworn notary application for issue of a European certificate of succession to be dealt with in accordance with the Regulation No. 650/2012 chapter VI and the conditions of this law, to the extent permitted by chapter VI of this regulation.
324.12 information that received the application for the European certificate of succession, sworn notary shall be published in the Official Gazette "Latvijas journal" and be informed of the receipt of such a submission, all known beneficiaries.
324.13 issued in another Member State public Act contains the legal facts and legal relations are bound to a notary, and sworn to this public act is probative value unless it is challenged or declared void.
an application for 324.14 European certificate of succession shall be justified, sworn notary in the form of a notarial deed make a European certificate of succession through Regulation No 1329/2014 5. Annex V form. Extracts from the European certificate of succession or its transcripts sworn notary issue 104 of this law, and referred to in article 106. Sworn notaries on the succession issue of the certificate shall inform all known beneficiaries.
324.15 sworn notary certificate of inheritance of Europe does not issue regulations No 650/2012 article 67 in the cases referred to in paragraph 1. Refusal to issue a European certificate of succession is not an obstacle to the application of repeated European certificate of succession for the submission and consideration of the issue, if there are fallen barriers that rise to this refusal.
324.16 sworn notary, which delivered the European certificate of succession at the request of the party concerned may make a European certificate of succession fixes, modifications or to withdraw it in accordance with Regulation No 650/2012 article 71, or suspend the licence of the European inheritance effect according to article 73 of this regulation. These revisions and amendments, and the withdrawal of the European certificate of inheritance and a sworn notary suspension make the form of a notarial deed and shall immediately inform all persons who issued the statement of the European certificate of succession or written down. " The Parliament adopted the law of 26 November 2015. The President r. vējonis Riga 2015 on 15 December


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