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) the following amendments: 1. Replace the entire law, the word "Finance" with the word "financial".
2. To supplement the law with article 6.1 as follows: "Cabinet of Ministers 6.1 outline of Latvian sworn notary Council the views expressed, down sworn notary posts, create new and eliminate the existing posts, taking into account the changes in the judiciary, the population in the locality concerned in economic life, the jurisdiction and the notarial deed of notary in the age structure."
3. Article 9: replace the first subparagraph of paragraph 3 "a" above the words "University type" with the words "by accredited learning programmes";
make the first part of paragraph 5 by the following: "5) acquired work experience while working in one of the following posts: a) for at least two years — sworn notary's Assistant, b) for at least three years — judges, c) for at least five years — sworn advocates, sworn bailiff, Assistant judge, sworn advocate Assistant, pagastties or the President or members of the family courts, with duties comparable notarial actions , d) for at least seven years in another legal specialties. ";
to turn off the second part.
4. Express article 10 paragraph 7 as follows: "7) which are excluded from the Attorney or his assistant, laid off from a public prosecutor or cancelled from the sworn bailiff, his assistant, sworn notaries, his Assistant or judge;".
5. Express 11.1 and 11.2 of the article as follows: "If a sworn notary 11.1 post is vacant, the Minister of Justice invited practicing Chartered notaries within two weeks to apply for these posts.
If one posts claim several sworn notaries, benefits to be transferred is then sworn notary, who has a longer practice appointment and practice over the last two years, no disciplinary action. If several sworn notaries meets these criteria, the Latvian sworn notary Council gives a reasoned opinion of acceptable candidates.
If this is not the applicant, the Minister of Justice published the newspaper "Latvian journal" invitation to persons who have passed the sworn notary exam, month to apply for vacant notarial site.
Benefits be approved post are sworn notary's Assistant.
Choosing appropriate sworn notary applicant, take into account sworn notary exam and the assessment of the Latvian Sworn Notary Council reasoned opinion.
If vacant sworn notary posts cannot be filled as specified by the Minister of Justice in the "journal" issued a sworn notary exam.
11.2 a Person wishing to become a sworn notary: 1) submitted to the Latvian sworn notary Council application and documents certifying the compliance with this law, the requirements of article 9 and that the person's admission to a sworn notary public in does not have one of this law, article 10, paragraph 9 obstacles;
2) the Latvian Council of sworn notary Council duly presented to the reviewers for their professional and moral qualities, as well as a sworn notary exam valid licence. "
6. turn off 11.4 article, the words "and sent to the District Court and district (City) Court Presidents by the applicant together with an invitation for jobs within two weeks to provide feedback about these people."
7. Express article 19 by the following: "19. The Minister of Justice after the Latvian sworn notary Council approved the proposal of the notarial examination procedure jury, the composition of the Commission and the examination exam questions.
Sworn notary examination requires a minimum amount of knowledge and the fee for the exam is determined by the Cabinet of Ministers. "
8. Turn off article 25 the words "sworn notary candidates well."
9. Replace the third paragraph of article 29, the words "insurance" with the words "cover" and the words "the Minister of Justice, in agreement with the Ministers of finance and Latvian sworn notary Council" with the words "Cabinet".
10. Express article 39, the third part as follows: "waiver to hold office sworn notary within three days, submit a written refusal specifying the grounds and procedures for appeal."
11. Turn off the article 42, the words "but the same laws or certificate shall remain in force".
12. Supplement article 61 after the word "dead" with the word "moved".
13. Article 63: Add to the first paragraph after the words "to newly elected sworn notary" with the words "or the nearest neighborhood populated place for practicing a sworn notary";
to complement the second paragraph after the word "dead" with the word "moved".
14. Complementing article 73 the first part of paragraph 5 with the following: "5) State fees amount and all other laws or receipt of amounts charged."
15. Article 75: Add to the first paragraph, after the word "name" with the words "personal code";
to supplement the article with a new second subparagraph by the following: "news of the residence certificate or the receipt by a person of the record of the oral declaration.";
consider the second part of the third part and the off the words "and the place of residence".
16. Replace paragraph 3 of article 147, the words "University type" with the words "at the accredited courses in learning".
17. Make 154. article as follows: "154. The Minister of Justice may be removed from Office, the notary's Assistant on the jury if he repeatedly without justification by this law, in article 11.1 of the invitation is not logged in to the vacant place of the notary certified."
18. off the sixth chapter.
19. Make 163 the first part of the article as follows: "163. for each post (65 and 66), performed by the sworn notaries, they have the right regardless of State duties to take."
20. Article 165 of the following expressions: "165. Sworn notaries to taxi down the consideration by the Cabinet of Ministers.
Taxi shall be established pursuant to legislation or the receipt value (amount) and by the Act or declaration sworn notary related responsibilities, social balance and a receipt for the purposes of the Act or the time needed. "
21. Make 173. the second subparagraph by the following:

"Disability or other important cases jurors can be assigned to a notary for a longer vacation, but no more than seven months of the year, but child care-up to 18 months."
22. in article 176: replace the second paragraph, the word "the" with the words "lasting more than four months";
to supplement the article with the third part as follows: "If a sworn notary or sworn notary Assistant replaces the other place of sworn notaries practising, he must order the Minister of Justice in the certain days of the week to perform the duties of a notary sworn in sworn notary replaced practice."
23. Make 181. the first paragraph by the following: "the disciplinary Commission sworn notaries and disciplinary opinions to be elected for three years by the general meeting of sworn notaries. The number of members of the disciplinary Commission shall be determined by the general meeting of notary sworn. "
24. Make 184. article as follows: "184. Latvian sworn notary Council in disciplinary decisions forwarded to the Minister of Justice."
25. replace the words "in article 185 of the imposition of the fine" with the words "disciplinary proceedings".
26. Express article 188 as follows: "the Court, the public prosecutor's Office 188. and pre-trial investigation authorities shall notify the Latvian Council of sworn notary Council and Minister of Justice of all the complaints and the requirements proposed in the context of sworn notaries, as well as the Latvian Council of sworn notaries are the Council and the Minister of justice the complaints and claims the final judgment given in the transcripts."
27. off 207. article.
28. Replace article 211, paragraph 5 and 6 the word "crime" (fold) with the words "criminal offence" (the fold).
29.212. Article: replace the number "181" with the number "189";
to supplement the article with the second part as follows: "the decision of the Minister of Justice on the transfer of a notary or sworn the abolition of appeal shall not suspend its activities.";
believe the current text of article about the first part.
30. Article 213 of the following expressions: "213. Minister of Justice sworn notary can be suspended from Office if: 1) against him prosecuted for an intentional criminal offence;
2) proposed disciplinary against him;
3) stopped insurance contract. "
31. Supplement article 217 following the words "Latvian sworn notary Council" with the words ", of the disciplinary Commission internal control Commission".
32. Article 230: exclude paragraph 5, the words "and sworn notary candidates";
make paragraph 6 by the following: "6) monitors and controls the sworn notaries and notarial activity Assistant certified, the complaints about them and reports, as well as impose disciplinary sanctions against them;";
make paragraph 8 by the following: ' 8) creates a sworn notary office of internal control activities a permanent Commission and determine its rules of procedure; "
to supplement the article with points 9 and 10 by the following: "9) the Minister of Justice in the order of the half-yearly report on him provided a sworn notary activities;
10) perform other duties specified in the law, or ordered by the Latvian Council of sworn notaries Association. "
33. To replace the words "in article 241 national financial authorities" with the words "the State revenue service territorial institution".
34. To supplement the law with article 241.1 as follows: "If a sworn notary 241.1 exercise is especially necessary in the appropriate place, so as to ensure the population available to the notary, notarial practice maintenance of the jury may grant funding from the national budget of the Cabinet."
35. Make 287. article as follows: "287. last will of order sworn Notaries Act, the inscription on its entry into legal force of the notarial act is added as the last will of the legal order in force in the original certificates of inheritance, but the heirs or executor of the notarial act for issuing statements."
36. Express 306. article as follows: "306. If an heir within the time limit set in the invitation is not logged in or have abandoned legacy, sworn notaries make with public duty of notarial acts not payable on termination of the inheritance. Notarial acts in a statement sent to the Finance Ministry.
The Act of succession of State: 1) the testator's name, surname, personal code (if it is not, the date and place of birth);
2 the date of the opening of succession);
3) stakeholder which has requested to invite the heir;
4) notification of succession;
5 implies the composition), if one is specified;
6) apply for vendor claims;
7) finding that the heirs have not logged in within the period announced, heritable property to be recognized as the property of bezmantiniek and in accordance with article 416 of the civil code State agrees.
The Act referred to in this article are the basis for registration of property to the name of the country, as well as the inheritance of immovable property in the land to burn. "
37. The transitional provisions: turn off paragraph 4;
transitional provisions be supplemented by 7 and 8 points by the following: ' 7. To Cabinet date of entry into force of the provisions, but no longer than up to 2005 is in effect April 1, the Ministry of Justice on 17 February 1998, the recommendations of the "rewards for sworn notary freights provided legal assistance" and the Ministry of Finance of 13 February 1995 "On a sworn notary professional indemnity insurance rules".
8. The Cabinet of Ministers to 2005 April 1 issue 6.1 of this law and in article 19 the provisions referred to in the article. "
The law adopted by the Parliament at the 2004 October 28.
State v. President Vaira Vīķe-Freiberga in Riga 2004 November 12 Editorial Note: the law shall enter into force on 26 November 2004.

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