With Regard To The Organization Of The Activity Of Notaries

Original Language Title: cu privire la organizarea activităţii notarilor

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    The Parliament adopts this organic law.


Chapter I.GENERAL PROVISIONSARTICLE 1 GENERAL Article. Regulatory domain (1) this Act establishes the principles governing the exercise of the activity of notaries, notary and notary status of the trainee, the modalities for organizing the notary and self-administration, and the arrangements for control of their activity.
(2) the procedure for the performance of notarial acts and the methodology for calculating the payments are governed by the Notary laws.
In article 2. Principles of the activity of the notary the notary Activity is based on the following principles: the principle of legality);
(b) the principle of independence and impartiality);
(c) completion of the personal principle) of the tasks;
d) the principle of professional secrecy;
e) non-discrimination.
Article 3. The principle of legality in the activities of the notary's Clerk (1) activates within the limits established by law.
(2) the Clerk shall be presumed lawful and consistent with the law until proven otherwise.
(3) any act by the notary public authorities, including arbitration institutions, courts of law or other judicial body, as the facts presented in evidence confirms this and recorded by a notary until proven otherwise.
(4) certified or authenticated Deeds recorded otherwise a notary Notary Act or action does not require to be tested later in front of public authorities, including in front of arbitration institutions, courts of law or other judicial body, except in cases in which the notary has been cancelled by a court decision.
Article 4. The principle of independence and imparţialității the notary (1) in its work, the notary shall be independent and shall be subject to the law only. Any interference in the activity of the notary is prohibited.
(2) persons guilty of violation of the provisions of paragraph 1. (1) bear responsibility according to the law.
(3) The performance of the taking of a notary, the notary is impartial, while respecting the rights and legitimate interests of persons applying for fulfilment of notarial act.
(4) in its work, the Clerk shall ensure that the rights and legitimate interests of persons, without distinction of race, nationality, ethnic origin, language, religion, sex, political affiliation, wealth, social origin or any other criteria, in accordance with the law.
Article 5. The principle of personal fulfilment of duties (1) the Clerk shall perform the notarial activity and personnel may not delegate its another person.
(2) it is not possible to apply facsimilului on the notarial acts.
(3) the clerk may use the electronic signature in compliance with the law.
In article 6. Guarantees of the activity of the notary (1) the Clerk shall enjoy stability in its work. Notary activity ceases in cases established by this law.
(2) the Court, the Prosecutor and prosecution may require raising the register of authentic instruments, notarial act or other acts under which it was drawn up only in connection with criminal cases, civil or contravention of the ongoing examination and expertise for the purposes of the Act, if it is being investigated for false documents. The competent authority and the person who raises the notarial acts on the basis of which it was drawn up by the notary deed or notarial acts registers are obliged to respect the rules on the protection of personal data, bear responsibility for their integrity and, immediately after achieving the purpose for which they were seized, return them to a notary.
Article 7. Professional secrecy (1) a notary is obliged to keep professional secrecy in respect of acts done and facts which have become known in the context of his economic activity, whatever the mode of obtaining information, including the source times after its termination.
(2) information on notarial fulfilled must be made available to the person: (a)) on behalf of which such acts were carried out or its designee. Information about the testaments are issued only at the request of the testator, and the third party after the death of the testator-but, in the manner established by law, if the testator has not discharged the clerk from the obligation to professional secrecy;
(b)) the Court, upon presentation of the conclusion of the judge, Prosecutor and prosecution bodies, under the Ordinance, those bodies and with the authorization of the judge of instruction in connection with criminal, civil or administrative arrest pending examination;
c) control over enforcement of notarial activity, subject to control;
d) the bailiff, in connection with the enforcement procedure pertaining to inheritance instrumented folders notaries;
e) the Principal State Tax Inspectorate, in accordance with the rules laid down by the law.
(3) to bring the criminal case or criminal, the notary shall submit information concerning the registration or recording of the instrument or notarial action in register of notary acts, at the request of the Prosecutor or the prosecuting organ, with mandatory submission of information concerning the registration number, date of registration, the applicant shall act by the notary and notarial instrument type.
(4) the persons to whom they have become known information held by the notary in connection with the performance of their obligations or work are obliged to preserve the confidentiality of such information. Non-compliance with the obligation in question incurs civil and disciplinary action.
(5) the clerk has no obligation to professional secrecy and shall provide the information in the following cases: (a) the consent in writing of the existence) of the applicant Notary Act, presented in document notarized or in another document. This consent may be expressed by the representative of the applicant or, in the case of the death of the applicant, its successors;
b) as part of a lawsuit by the applicant Notary Act against notary, pursuant to the conclusion of a court judgment.
(6) the issue of the obligation of professional secrecy shall apply where the communication of information shall not prejudice the rights and legitimate interests of other persons.
(7) If there are doubts about the obligation to provide information, the clerk may request the opinion of the Notary Chamber in this regard.


Chapter IINOTARUL Article 8. The status of notary (1) the clerk of State power is the exponent, empowered in the manner established by law on the basis of a licence and was invested with the order of power.
(2) the clerk is not public servant, his work is not entrepreneurial activity nor can be related to such activity.
(3) a notary may be a person who: a) is a citizen of the Republic of Moldova residing in that country;
b) has the ability to fully exercise;
c) holds a post-graduate diploma in law or an equivalent studies;
(d) professional stage) performed under the present law;
e) argued for the admission exam for the profession of notary;
f) speaks the State language;
g) promoted the contest to fill vacant posts notary;
h) is apt on medical grounds;
I) has a flawless reputation.
Article 9. Incompatibilities and restrictions in activity of a notary (1) the activity of the notary is incompatible with any other remunerated activity or function, except that the teaching activity and function) and scientific research;
b) literary and artistic activity and publicist;
c) creative activity technical-scientific;
d) mediation activity;
e) elective or function function of public dignitaries, the duration of their mandate;
f) membership in the bodies or other bodies in the notary has been chosen by the Notary Chamber or the Ministry of Justice.
(2) Notary may not perform notarial act in the following cases: (a)) and on its behalf, of his spouse, his or her relatives up to grade II, of Bush berries up to its grade II, of persons under guardianship/curatorship to his spouse or of his employee, of notary trainee in his Office or notary with whom it is associated;
b) on behalf of and in the name of the legal person that he, his spouse times relatives of grade II including holding more than 10% of the share capital.
(3) the Clerk shall not have the right to advertise his business, his professional qualities of his notary office times. Does not constitute communication to the public advertising of the Clerk's name, the working hours and the Notary Bureau headquarters.
(4) In accordance with the code of ethics of notaries allow dissemination of information of a general nature aimed at informing citizens on the activities of notaries.
Article 10. The Clerk's rights (1) the Clerk shall have the following rights: a) to collect payments of notary in accordance with the law;
b) to hire technical staff to ensure its activity;
c) to benefit from annual leave and sick leave;
d) to benefit from social insurance and State pension in accordance with the law;
(e)) to be a member of the collegial bodies of the Chamber of notaries and the Ministry of Justice;
f) to associate in public associations;

g) to obtain all the documents and information necessary for the performance of the taking of a notary or notarial action, irrespective of the place of storage;
h) to request and receive information in on-line and/or paper support from central public administration authorities and local institutions, including financial, from other organizations holding registers and information relevant to notarial activities. The information in the registers is requested only when they are strictly necessary for the fulfilment of notarial instrument or notarial action. Technical conditions for access to the information will be governed by the agreements between the Notarial Chamber and keeper of records;
I) to represent applicants before all competent authorities during notarial assistance grant, including the entry in the public registers;
j) to open deposit account of the notary, hire safes, Bank to assist qualified notary;
k) to send, at the request of the applicant, information, requests or representations made by it in relation to notarial deed or notarial proceedings required or met;
l) to benefit from and to exercise other rights determined by law.
(2) the request for the performance of the Act by the notary or notarial action in the absence of reservations made in writing by the applicant at the same time represents an expression of consent from the applicant concerning the processing of personal data and those required to perform notarial act or action required. Consent remains valid if the notary has not been fulfilled.
(3) the Clerk shall use personal information strictly for the purposes for which they were collected.
Article 11. Obligations of the notary the notary has the following obligations: a) to operate in accordance with the legal provisions and with the oath deposed;
b) grant assistance to individuals and legal notary, to explain the contents of the notarial act project, as well as their rights and obligations, to warn on the consequences of notary documents required;
c) professional secrecy which it has become known in the exercise of its activity, with exceptions provided by law;
d) to enter into a contract for professional liability insurance;
e) to ensure the conditions for carrying out the adaptation period by the trainee notaries;
f) to keep accounts and to pay all payments related to mandatory notarial activity in accordance with the law;
g) to keep, to order, manage and transmit to notary archives according to law;
h) to participate in annual training courses of a total duration of at least 40 academic hours;
I) submit the reports provided for by law;
j) to provide control bodies documents and the data required in the control limits;
k) to meet other obligations laid down by law and code of conduct of notaries.
Article 12. Refusing to perform notarial deed or notarial action (1) the Clerk shall refuse the fulfilment of notarial instrument or notarial action: a) this violates the law or morality;
(b)) to be met by another notary;
c) is not paid the fees and payments.
(2) the refusal shall be notified to the party concerned brings within 10 days from the day of filing for the fulfilment of notarial act. At the written request of the person to whom the performance of the taking was refused by the notary, the reason in writing.


Chapter IIINOTARUL INTERN article 13. Conditions for admission to the professional stage can be a notary trainee person: a) which meets the cumulative conditions laid down in article 21. 8 para. (3) (a). a)-(c)), f), h) and (i));
b) claimed competition for admission to the internship;
c) not performing other activities not remunerated and holds other functions, except for work and for teaching positions and scientific research, literary and artistic and journalistic, scientific and technical creation and mediation;
d) which, in the last three years, has not been dismissed for making professional traineeship at the notary as a result of the application of a disciplinary sanctions.
Article 14. Fixing the number of trainee notaries (1) the required number of trainee notaries is planned by the Ministry of Justice, after consultation with the Chamber of notaries, for a term of 3 years and shall be updated in the first quarter of each year. (2) planning and updating the number of trainee notaries as the methodology approved by the Ministry of Justice after consulting the Chamber of notaries.
Article 15. Admission to professional internship (1) Contest for admission to professional internship is organized by the Ministry of Justice and is supported in the Commission. The conditions and procedure for the conduct of the competition shall be determined by the Ministry of Justice after consulting the Chamber of notaries.
(2) for performing Professional traineeship will be admitted a number of trainee notaries, planned in accordance with art. 14. Article 16. Professional internship (1) contract to carry out the adaptation period is concluded between the trainee notary and Notarial Chamber.
(2) professional Stage consists of the exercise by the notary trainee of practical activities aimed at obtaining sufficient skills for the professional activity of a notary.
(3) professional training period is 18 months. Professional stage of the holders of a diploma of doctor in law is 3 months.
(4) professional Stage shall be carried out in accordance with the programme established by the Notarial Chamber internship under the direction and control of the notary's Manager of internship.
(5) professional Stage may be suspended based on grounds similar to those of suspension of the activity of the notary. The period of internship carried out previously is included in the professional training period. The decision to suspend the traineeship shall be adopted by the Chamber of notaries.
(6) Regulation regarding professional internship is approved by the Ministry of Justice after consulting the Chamber of notaries.
Article 17. Clerk Manager internship (1) a person who has passed the competition for admission to the internship is allocated at random by the Notarial Chamber to a notary, who becomes ruler of notary. The clerk cannot deny receiving clerk trainee internship without good reason to.
(2) where the clerk trainee notary is probationary driver husband or with it in an ancestral link up to grade III including Notarial Chamber will assign the intern, random, to another notary Manager internship.
(3) May be the driver of the notary who has a length of at least 5 years in the profession of notary, has an Office corresponding to the conditions necessary for carrying out the adaptation period and that no disciplinary action has been sanctioned in the past 3 years.
(4) the application to become a notary Manager internship shall be submitted to the Notary Chamber.
(5) the clerk obtain the right to be the leader of his stint only after confirmation by the Notary Chamber. Notarial Chamber shall reject the application filed only where the notary does not match display at para. 3. (6) where the number of trainee notaries is greater than the number of notaries empowered with the right to be the rulers of the notarial Chamber shall allocate the trainees randomly, the notaries who have not applied, but which meet the requirements on display at para. 3. (7) If the activity of the notary is probationary driver suspended or ceases, the notarial Chamber shall delegate another trainee notary notary for the continuation of the internship.
(8) the clerk may have a managerial stint at the same two trainee notaries.
(9) upon completion of the traineeship, Internship Coordinator notary draws up an opinion on the stage, and notary trainee shall draw up a report on the implementation of the programme of internship, both of which are submitted to the Chamber of notaries.
Article 18. Rights and duties of the notary trainee (1) during the period of the traineeship, the trainee clerk conducting: a) has the right to request driver support and internship Chamber of Notaries for the internship;
b) enjoys other rights stipulated by the law and the contract for carrying out your internship.
(2) the clerk trainee is obliged: a) comply with the law, the provisions of the code of ethics of notaries, internship program and the requirements of the contract regarding the execution of the internship;
b) comply with the indications of the Chamber of notaries and notary Manager internship offered according to its competence;
c) to meet other obligations laid down by law.
Article 19. Reprimanding the notary trainee (1) Notary trainee is responsible for disciplinary infringements of the obligations incumbent on it under the law.
(2) constitutes misconduct: a) absence without leave of the internship;
(b) failure or improper fulfillment) indications of Notary Chamber of notaries, Manager of internship or traineeship programme;
c) disclosing secrecy;
d) violation of other obligations established by law.
(3) the disciplinary Deviation committed by notary trainee shall be examined in the manner established in article 11. 68 and 69.
(4) the clerk trainee may be applied the following penalties: a disciplining) warning;
b) reprimand;

c) contract for carrying out your internship.
   (5) a disciplinary Sanction shall be applied by the decision of the disciplinary College of notaries (hereinafter-the College disciplinary action), the referral Coordinator internship or clerk of the Chamber of notaries.
(6) the disciplinary Sanctions applied to knowledge to trainees, notaries notary Manager internship and the Chamber of notaries of the disciplinary College.
(7) the decision of the College disciplinary action can be challenged in court.
Article 20. Termination of the traineeship (1) professional Stage ceases in the following cases: a) upon completion of internship;
b) with the termination of the contract to carry out the adaptation period;
c) in the case of surrender of the notary trainee to perform stage;
d) in the case of the death of trainee notary;
(e)) where the clerk trainee is declared disappeared without news or deceased.
(2) upon completion of the internship, the notarial Chamber shall issue a certificate to the trainee notary stating that making your internship. This certificate should be attached to the opinion of the notary Manager internship and final report of the trainee.


Chapter IVADMITEREA in the PROFESSION of NOTARY Article 21. The qualifying exam for the profession of notary (1) a person who has completed the probationary professional submits a qualifying examination to the profession of notary in the Licensing Commission.
(2) the Qualifying Exam for the profession of notary is held no more than twice a year. (3) the procedure for the examination of qualifications in the profession of notary and appeals on election results is determined by the Ministry of Justice, in consultation with the Chamber of notaries.
(4) a person who has not passed the examination of qualifications in the profession of notary may request admission to the exam repeatedly. A person who has not been promoted twice the qualifying exam will be admitted to a new exam only after carrying out a new internship.
(5) a person who has passed the qualifying exam for the profession of notary, however, has not promoted the contest to fill vacant posts notary and wants to gain a higher grade examination can support repeatedly when it is organized. In this case, exam results are valid.
(6) the results of the examination of qualifications in the profession of notary are approved by a decision of the Licensing Commission, which shall bring to the attention of the persons participating in the examination within five working days from the date the exam support and shall be published on the official web pages of the Notarial Chamber and the Ministry of Justice.
(7) the Commission's Decision may be challenged in the licensing court according to the law. Cannot be challenged in the Court notes granted by the Licensing Commission and the members of the Commission.
Article 22. Criteria for determining the required number of notaries (1) the required number of notaries shall be determined by the Ministry of Justice, after consultation with the Chamber of notaries, notarial activity according to the territory in the first quarter of each 3-year period, according to a regulation approved by order of the Minister of Justice.
(2) the required number of notaries shall be determined according to: a) the number of inhabitants in the territory of the notarial activity;
(b) the extent of the territory of activity) a notary public;
c) economic needs (volume and type of notarial deeds);
d) ceiling revenue notary activity (financial independence of notary), established in the regulation on criteria and the method of determining the income ceiling made from notarial activity, approved by order of the Minister of Justice after consultation of the Notary Chamber.
(3) the required number of seats of the notary shall be established and updated by the required number of reporting notaries notaries in the number of previously established through order of the Minister of Justice after consultation of the Notary Chamber.
(4) If in the course of a year shall be declared vacant a notary in order to ensure the continuity of the notarial activity in their respective territories of notary activity, the Ministry of Justice will update the number of seats according to the criteria laid down in the regulation relating to the updating of the number of notary approved through order of the Minister of Justice after consultation of the Notary Chamber.
Article 23. The contest to fill vacant posts notary (1) Places the notary are supplemented by competition by those who promoted the contest for seats declared vacant, as well as by the notaries who conducted a practice in the profession of notary for at least 5 years and wish to Exchange territory.
(2) the contest is conducted for each separate area of activity.
(3) the procedure for the Organization and conduct of the contest to fill vacant posts notary, the formula for calculating the average of the competition, and how should the results of the contest shall be established by a regulation approved by the Minister of Justice after consultation of the Notary Chamber.
(4) Contest to fill vacant posts notary submits to the Commission for licensing.
(5) the competition is promoted by a person who has obtained the highest average. Where two or more persons have the same average vacant place will be taken by the person who has greater experience in the field of the notary.     If two or more persons have the same mean and the same experience in the notary, vacant place will be occupied by drawing lots.
(6) persons who have passed the examination of qualifications in the profession of notary, but have not promoted the contest to fill vacant posts shall have the right to participate in the contest.
(7) a person who has passed the qualifying exam for the profession of notary may participate in competitions to fill vacant posts notary during 3 years from the date of Qualification exam support. After expiry of that period, the person will support the exam repeatedly, except that she is engaged to a notary or Notarial Chamber and its activities to the field by the notary.
(8) the results of the contest to fill vacant posts notary shall be approved by the Licensing Commission by means of a decision which shall be published on the official web pages of the Notarial Chamber and the Ministry of justice no later than 10 working days from the date of its adoption. The Commission's decision shall be transmitted to licensing, within 3 working days, the Ministry of Justice.
(9) Commission Decision of licensing can be challenged in court. Cannot be challenged in the Court notes granted by the Licensing Commission and the members of the Commission.
Article 24. The Licensing Commission (1) the Licensing Commission is formed by order of the Minister of Justice and consists of 7 people: 3 members elected by the Chamber of Notaries, 3 members elected by the Justice Ministry and one Member representative of civil society, selected on a contest of the Ministry of Justice after consulting the Chamber of notaries. The procedure for selecting the members of the Commission's licensing shall be established by a regulation approved by order of the Minister of Justice after consultation of the Notary Chamber.
(2) until the approval of the Licensing Committee members nominations, the Minister of Justice has the right to submit proposals for review, together with a reasoned recommendation, within 15 days from the date on which they were transmitted.
(3) the Council of the Chamber of Notaries subject to unsupported applications by voting the Minister of Justice. The same candidates may be submitted repeatedly if the Council approved by the Notary Chamber again, unanimously.
(4) by order of the Minister of Justice, under the conditions laid down in paragraph 1. (1) shall be appointed and seven alternate members of the Commission.
(5) the members of the Commission's Licensing Committee Chairman is chosen by the vote of a majority of its members secret. In the absence of the President, its functions are exercised by another Member of the Commission, called the licensing.
(6) the Chairman, the members and, if appropriate, alternate members of the Licensing Commission shall for each meeting attended, an allowance equivalent to the third part (1/3) of the average salary per economy, paid for by the Notary Chamber, however no longer than for 3 meetings per month.
(7) the Secretary of the Commission is appointed by the licensing order of the Minister of Justice from among the employees of the Ministry of Justice.
(8) a member of the Commission or an alternate licensing of its missing 2 sittings unmotivated in a row is excluded from Commission and replaced by another substitute.
(9) the Licensing Commission Secretariat will be provided by the Ministry of Justice.
(10) the rules of organization and operation of the Licensing Commission is approved through order of the Minister of Justice after consultation of the Notary Chamber.
In article 25. The mode of decision-making (1) meetings of the Commission's licensing deliberative they participate in at least 4 members. Commission decisions shall be adopted by licensing a majority vote of the members appointed.
(2) where a member of the Licensing Commission is in conflict of interest, it is bound to refrain from examining or can be recuzat by a decision of the Commission. Member recuzat is replaced by a substitute.

(3) where a member of the Licensing Commission does not agree with the decision of the Commission, he would sign with the words "dissent". Separate opinion will be noted in writing and will be annexed to the Commission decision of licensing.
(4) the membership of the Commission's licensing is incompatible with membership in other professional committees of notaries or the Member of the disciplinary College.
(5) the members of the Commission's licensing are obliged to keep professional secrecy and not to disclose the information in pursuit of membership.
Article 26. The license for notary activities (1) the license for notarial activities shall be issued by the Minister of Justice, the person who promoted the contest to fill vacant posts notary, at its request, in accordance with the decision of the Commission. The license shall be issued within 15 days of the filing of the application.
(2) the license for notarial activities contains: the name of the authority) issued the licence;
b) series, the number and date of issue of the licence;
(c) the holder's name and surname);
(d) personal identity code) of the holder;
(e) the signature of the Minister of Justice), certified by the stamp.
(3) the form of the licence is a document of strict, approved by the Ministry of Justice.
(4) the license for notarial activities shall be issued against payment of 450 pence, payable to the Treasury account of the Ministry of Justice.
Article 27. Notary oath (1) upon receipt of the license, the Clerk shall deposit in the Licensing Commission and the Minister of justice the following oath: "I, (name and surname), swear to respect the Constitution and laws of the Republic of Moldova, let me meet with honor and public credibility, commitment and impartially their obligations incumbent upon me and to keep professional secrecy."
(2) the persons who for reasons of conscience or religion may not lodge oath will substitute the word "swear" by the words "force" myself.
(3) the text is signed by the sworn notary and kept in his personal folder.
Article 28. Sworn notary powers with (1) the Clerk shall, upon request, by order of the Minister of Justice, is vested with powers the exercise of notarial activity in the territory on which it promoted the contest up to the fulfillment of the age limit provided for in art. 42 para. (1) (a). e). the Order within 10 working days from the date of application.
(2) to be endowed with powers, meets the following conditions: (a) the Ministry of Justice) specimen signature and stamp;
(b) the Ministry of Justice) Act confirms that notary requirements;
(c) the Ministry of Justice) shall provide a copy of the contract of professional liability insurance.
(3) the application shall be filed and the conditions laid down in paragraph 1. (2) shall be complied with within a period of 90 days from the date of announcement of the results of the competition of refilling vacant posts notary.
(4) failure to comply with the time limit referred to in the punishment of para. (3) lead to withdrawal of the licence.
(5) the order of the Minister of Justice concerning the appointment with powers shall be published in the Official Gazette of the Republic of Moldova.
(6) on the basis of the authorization, was invested with the notarial Chamber shall issue the ticket clerk notary.
Article 29. Records of notaries (1) a record shall be kept by the registration of notaries and their attributes in the State Register of establishments.
(2) the records of Notaries will perform at the same time and by means of the State Register of notaries, which is maintained by hand.
(3) For the State registry of enterprises by law, the Registrar about the paralegal is the Ministry of Justice.
(4) in the State of law and in State Register of notaries, record the following information about paralegal: a) the surname, forename and your WWW.TORRENTSMD.COM-notary;
(b) the number and date of the order) of these offices with powers;
c) series, the number and date of issue of the licence;
d) registration number of the clerk in the State Register of notaries and notary on WHOSE BEHALF the hobby;
e) contact information (e-mail address, Office, telephone/fax number);
f) data on the suspension and termination of the notary;
g) other particulars.
(5) Notaries are obliged to inform the Ministry of Justice and the notarial Chamber not later than 5 working days, about changes in the data referred to in paragraph 1. (4) and (6) Statement on how keeping information relating to notaries in the State Register of establishments of law shall be drawn up and approved by the Ministry of Justice after consulting the Chamber of notaries.
Article 30. The personal folder of the notary the notary's personal Folder will be kept at the Ministry of Justice in accordance with the regulation on the content of the dossier by the notary and the safeguarding of its approved by order of the Minister of Justice after consultation of the Notary Chamber.


Chapter VORGANIZAREA NOTARY ACTIVITY Article 31. The territory of activity of the notary (1) Notary is obliged to operate in the territory of activity for which promoted the refilling vacant posts notary and possess a registered office in its territory.
(2) a territory of notarial activity of administrative-territorial units of the second level and the autonomous territorial unit Gagauzia.
(3) the Minister of Justice may order by order extending the territorial competence of the notary in the neighbouring territory, for a period not exceeding six months where the territory in question does not enable another notary.
(4) the clerk, with the consent of the Minister of Justice may order by order extending its territorial competence in cases stipulated by law, for a period greater than 6 months but not exceeding one year. In article 32. The Clerk's Office and forms of organisation of activity (1) notary Notary has one Office and independently determines its location within the limits of the territory of activity for which promoted the contest. The Clerk's Office does not have the status of legal entity, representing the only place where the notary carries out its activity.
(2) the notary Activity takes place within a nucleus or associated Office, arranged in accordance with the requirements laid down by the Ministry of Justice after consulting the Chamber of notaries. As an exception, the notary may perform notarial deeds and notarial or actions outside the Office of his, when circumstances of the case so require, and notarial acts or actions cannot be met otherwise.
(3) in an Office associated with the notaries may just turn the same territory. Within the Office, each notary performs individually and personally responsible for his professional activity. The relationship between an Office associated notaries are laid down in a contract.
(4) where the clerk changes the location of his Office, he shall, within 10 days, the Ministry of Justice issued by the Notary Chamber certificate confirming that the notary meets legal requirements.
(5) the entry into Office of the notary is an information panel which must correspond to a single model, approved by the Notary Chamber.
Article 33. Programme of work (1) the Clerk's Office must be open at least 25 hours per week. The notary shall sets single work programme and brings him to the attention of the Chamber of notaries and the Ministry of Justice. The work programme is displayed at the premises of the Office.
(2) Notary may activate and outside working hours.
(3) compliance with the work programme of the Office of the notary shall be verified by the Notary Chamber.
In article 34. Individuals who ensure the activity of the notary (1) in order to ensure his professional activity, the notary has the right to hire technical and support staff.
(2) Notary may also empower staff to collect information and documents necessary for the procedure to submit notarized, notary acts, laws, procedures for the registration of the rights to the competent authorities, to receive and to pick up paperwork from authorities, maintain archiving, technical work of keeping accounting, human resources, to meet other technical actions required notary activities.
(3) personnel who ensure the activity is required to keep the Clerk's privacy information known within his work, whatever the mode of obtaining information, including the source times after its termination. Failure to comply with this obligation shall entail disciplinary responsibility and civil.
(4) the conditions and mode of remuneration of auxiliary staff shall be determined by contract.
Article 35. Notary stamp and special blanchetele

(1) the notary has a round stamp on its own configuration, with the State coat of arms placed on the Center, around which burn the words "Republic of Moldova", "Notary", the name and surname of the notary and the license number. Notary stamp shall be made after a single model, approved by the Ministry of Justice, based on the extract from the decision of the Commission approving the licensing of the results of the competition or the basis of extract from the State Register of notaries.
(2) Notary Stamp shall be affixed to documents and notarial acts concerning the realization of the notarial procedure.
(3) the Clerk's Seal shall be kept in a safe in the Clerk's Office, under the supervision and responsibility of the notary.
(4) In case of loss or theft of his stamp, notary is required to notify immediately the competent authorities of this fact and the Ministry of Justice.
(5) where the notary stamp is damaged or there are other reasons which require its replacement, the notary shall inform the Ministry of Justice about the making of a new stamp with its presentation of the specimen.
(6) the production, use, storage and disposal of the notary stamp toward are the exclusive prerogatives of the notary, which shall bear the resulting costs personally, with exceptions provided by law.
(7) the clerk has a rectangular stamp, which will be affixed to all documents, except those referred to in paragraph 1. 2. (8) notarial may be drawn up by the notary and the production of special's Preparation of notarial act on a special allocation-did not confer a legal force.
To in article 36. Notary archive (1) notarial Acts performed by a notary in the notary process which, according to law, are subject to preservation, the acts under which they were completed, and the records of notary acts notary archive forms and are the property of the State, being part of the Archive Fund of the Republic of Moldova.
(2) persons who operate notary accumulates, related records, uses, retains and teach notary archive under the conditions provided for by law, are also required to ensure the integrity of authentic instruments, documents and records of authentic instruments are kept in the archive.
(3) Notaries from the same area of activity shall have the right to set up joint deposits in their respective territories for the preservation of notarial archive. The archive is set up taking into account the notary's obligation of professional secrecy.
(4) the clerk may keep notary archive and in digital format.
(5) persons who operate notary must prevent unauthorized third party access to information from the archive and notary activity, including one softcopy and to ensure the integrity of notary documents, records and other documents which are kept in the archive.
(6) persons who operate a notary public are obliged to maintain the confidentiality of information that is known within their activity, irrespective of the type and source of information even after termination.
(7) the storage, preparation, and submission of notarial acts shall be established by a regulation approved by the Minister of Justice after consultation of the Notary Chamber.
(8) the right to receive information from the archive and notary activity of the persons on behalf of whom the Notary laws have been met.
(9) information on the notary, copy of the notarized copies of the documents, according to which the notarial deed has been accomplished are issued from the archive at the request of the Court, the Prosecutor or the prosecuting organ in connection with civil or criminal cases shall, pending review.
(10) the files contained in the laws of inheritance and the authentication procedure are not part of the notarial archive. Notary and accompanying documents become part of the archives of notary activity after termination or notary notary assistance, notarial acts and records-after completing them. By way of derogation from this rule, in the case of the suspension or cessation of the notary for the purpose of teaching archives of notary activity to another, they shall be considered part of the notary activity, the archive and the notary who received archive has the power to complete the notary or notarial assistance procedures.
Article 37. Reporting notaries (1) once a year, the Clerk shall submit to the Board a report on the activities of the notarial professional, in the form and within the time limit set by the Notary Chamber.
(2) After summing up reports of notaries, Notarial Chamber shall submit to the Ministry of Justice annual report on the activity of the notary on the country.
Article 38. State fee and payment for notary assistance For acts and actions performed by the notary shall be paid: (a) the State fee) in the cases provided by law, which is made from the State budget income;
b) representing payment of labour remuneration of notary clerk, whose size is determined by the law;
(c) for the performance pay) notary acts notary procedures and charges, the cost of the notary procedure, which shall determine the size of the Government.
Article 39. Expenses for notary activities (1) the payments received by the notary notary activity according to art. 38 lit. b) and (c)) cover expenses for material and technical assurance activity, hire and maintenance of Notary Bureau notary archive records, the remuneration of staff employed, the rate of contribution of the notary, the sum annual leave, social insurance contributions and mandatory healthcare insurance, other expenses incurred in connection with the professional activity of a notary.
(2) the amount remaining after deduction of the expenses mentioned in paragraph 1. (1) the Clerk shall constitute income.


Chapter VIABSENȚA NOTARY, SUSPENSION and TERMINATION of the ACTIVITY of the NOTARY Article 40. The absence of the Clerk's Office (1) the clerk may be absent from the Office in the following cases: a) staying in annual leave;
b) finding out on maternity leave;
c) temporary inability to work;
d) sick child care or other ill family member;
e) activity for teaching or other activities permitted by law;
f) raising the professional education institutions or training courses;
(g) participation in the work of the community) notaries and of her elective;
h) participation in the control;
participation in meetings, ...), the presence of criminal investigation bodies, Prosecutor's Office or of other bodies;
j) physical or mental illness, which prevents him from exercising his function properly, under the conditions laid down by the regulation approved by order of the Minister of Justice after consultation of the Notarial Chamber;
k) in other cases related to the activity of the notary.
(2) About an absence lasting more than three consecutive working days the clerk must inform the Notary Chamber.
(3) a Notarial Chamber may find compelling and other cases of temporary absence of the notary office notarized.
(4) the notarial assistance outside the Office of a notary is not absence from Office.
(5) during a calendar year, the absence of the Clerk's Office cannot exceed a total of 50 working days, except for hearing to maternity leave or temporary incapacity for work. The duration of maternity leave is that laid down in the Labour Code of the Republic of Moldova nr. 154-XV of 28 March 2003.
Article 41. The suspension of the activity of the notary (1) the Clerk shall be suspended in the following cases: (a) possession of an elective functions) or a function of public dignitaries during his mandate;
(b) conduct an activity incompatible)-up to removal of the incompatibility, which circumstances but shall not exceed 3 months;
c) submitting an application to this effect on the grounds of leave to care for the child aged up to 6 years;
d) breaching professional training-for a period of up to 2 years;
e engaging the Notarial Chamber), but may not exceed 5 years;
f) temporary incapacity for a period of more than 120 consecutive days;
g) pre-trial detention or house arrest applied by the Court as a preventive measure-long measure;
h) suspension of powers of notary by the Court, as an insurance measure-up to the annulment of the measure;
I failure to comply with obligations liable) for the application of disciplinary sanctions. 66 para. (1) (a). c);
j) in other cases stipulated by the law.
(2) the Clerk shall be ordered to suspend the activity by order of the Minister of Justice. In the case referred to in paragraph 1. (1) (a). I), the suspension shall be by order of the Minister of Justice on the basis of a decision of the disciplinary College.
(3) in the cases referred to in paragraph 1. (1) (a). c) and (f)), the suspension shall be at the request of the clerk.

(4) the clerk whose work has been suspended is not entitled to carry out notarial activity.
(5) the order of the Minister of Justice to suspend the activity of the notary or the reînvestirea its powers it shall notify the clerk and shall be published in the Official Gazette of the Republic of Moldova.
(6) After the notification of the suspension of the injunction relating to its activity, the notary is obliged, within three days, to convey the notary stamp and ticket keeping the Notarial Chamber on a provisional basis, and within a month to submit to the notary archive keeping the Notary Chamber. The method of transmission of the seal shall be established by a regulation approved by the Notary Chamber.
(7) where the clerk is unable to forward personal stamp and notary archive transmission is ensured within the time limits set in paragraph 1. (6) the Commission created by the Notary Chamber, which are included and persons designated by the Ministry of Justice.
(8) the notary is obliged to restart operations within 30 days after the downfall of the reasons motivating such supervisory suspension on the basis of a request addressed to the Justice Minister. The reînvestirea notary powers to be respected with the same requirements as for his swearing in. Within 7 days after submission of the application, the Minister of Justice shall issue an order regarding the clerk with reînvestirea powers. After issuing the order, at the written request of the Notary Chamber of Notary stamp and redeem the ticket fees.
(9) the order of the Minister of Justice to suspend the activity of the notary can be challenged in court.
Article 42. Termination of the activity of the notary (1) notary Activity ceases in the following cases: a) the application;
b) clerk's death;
c) Declaration the notary as disappeared without news or deceased;
(d) the withdrawal of the licence);
e) liquidation of 65 years;
f) its discordance conditions set out in art. 8 para. (3) (a). a), b), h) and (i));
g) cancellation of the licence.
(2) termination of the activity of the notary shall be by order of the Minister of Justice is ex officio, at the request of the notary or Notarial Chamber.
(3) the Clerk's Licence shall be cancelled if the circumstances confirming the illegitimate actions of notary to obtain a license.
(4) in the case referred to in paragraph 1. (1) (a). d) termination of order are available through the Clerk to the Minister of Justice on the basis of the decision of the disciplinary College.
(5) the order of the Minister of Justice concerning the termination of the activity of the notary shall be published in the Official Gazette of the Republic of Moldova. Order regarding termination of the activity of the notary can be challenged in court.
(6) as soon as i was made aware of the order concerning its termination, the notary has the right to carry out notarial acts and actions and is obligated: within 15 days-to submit to the Ministry of Justice proof confirming the destruction of the stamp within 3 days-to surrender the ticket fees, and within 1 month-to teach notary archive ordered under the law.
(7) in the case of cessation of notary in the conditions referred to in paragraph 1. (1) (a). b) and (c)) of this article, the stamp is taught to be destroyed, and the notary archive amounts within the time limit set in paragraph 1. (6) of this article, in accordance with the procedure laid down in article 21. 36. Chapter VIIORGANUL ORGANIZATIONS of NOTARIES in article 43. Notarial Chamber (1) Notarial Chamber is the organ of self-government of notaries, the promotion and defence of collective interests, as well as a guarantor of the independence of notaries and notarial assistance quality.   
(2) Notarial Chamber works in accordance with the law and its statutes, adopted by the General Assembly of notaries and includes all notaries in the Republic of Moldova.
(3) a Notarial Chamber has the status of a legal person under public law, has its own heritage and buget and has its headquarters in the Chisinau municipality.
(4) the notarial Chamber operates on principles of self-financing.
(5) Notaries Chamber Budget consists of mandatory contributions of notaries, and other sources not prohibited by the law.
(6) in the first quarter of each year, submit to the Notary Chamber at Ministry of Justice an annual report about its activity, the activity of notaries and trainee notaries.
Article 44. The structure of the Notarial Chamber within the Chamber of notaries is constituted and working: a Notarial Chamber Board);
b) Ethics Commission;
c) Auditing Commission;
(d) National Administration Centre) registers notary acts;
e) editorial board the Bulletin of notaries;
f) specialized commissions of the Council Chamber;
g) specialist and the device.
Article 45. The powers of the Chamber of notaries in its work, the Board shall have the following powers: Notary of public authorities) collaborates with the ability to establish and implement effective policy and regulatory framework for the activity of notaries;
b) implements professional standards, authentication and generalize practice helps ensure unified practice of notaries;
c) collaborates and cooperate with similar international structures for the development of the notarial system;
d) creates funds and institutions for scientific or methodological times partners with existing ones;
e) creates conditions for professional activity of notaries and the ongoing development of the profession of notary;
f) organize training courses for notaries;
g) oversees compliance by the notaries of the obligations for combating money laundering and financing of terrorism;
h) oversees compliance with professional ethics and compliance training, organizing internship program;
I) Ministry of Justice presents his views in some areas;
j) creates and manages the Fund's credibility its activity;
k) organize notarial archive keeping on paper and in digital format;
It checks to see if the Clerk's Office) meets the requirements, it shall record and keep track of the notary offices;
m) has other duties prescribed by law.
Article 46. Notarial Chamber organs (1) Notarial Chamber Bodies are: the General Assembly of Notaries);
(b) the Council of the Chamber of notaries);
(c) the President of the Chamber of notaries);
d) Secretary general of the Chamber of notaries;
the Ethics Commission e).
(2) Notarial Chamber may establish and other organs needed to accomplish his ends.
Article 47. General Assembly of Notaries (1) General Assembly is the supreme organ of Notaries Chamber of notaries what shall be convened at least once in the year. The meetings of the General Assembly of Notaries can be ordinary and extraordinary.
(2) the ordinary General Assembly Meeting of notaries shall be convened by the Board of the Chamber of notaries, notaries in advance announcing at least one month in advance, of the date, time and place of the meeting and of its agenda.
(3) extraordinary Meetings shall be convened not later than 10 working days: (a) the Council of the Chamber of notaries) initiative;
b) Ministry of Justice proposal;
c at least request) 1/5 of the total number of notaries.
(4) the general meeting of Notaries is rendered competent if it participates in at least 50% of the total number of notaries. Where two consecutive general assemblies not deliberative, third is considered deliberative if she participates in at least 1/3 of the total number of notaries.
(5) participation at the meeting is mandatory notary. Justification the absence should be made in advance in writing to the President of the Chamber of notaries. Participation in the general meeting of Notaries in one representative is not allowed.
(6) the General Assembly has the following duties: Notaries to) adopt and amends the Statute of the Chamber of notaries and the code of ethics of notaries;
b) elects and revokes the Notarial Chamber's members of the Council, the Commission, the licensing of the disciplinary and Ethics Commission;
c) elect the President of the Chamber of notaries of the Chamber Council members and revokes;
d) approves the size and manner of determining the share of mandatory contribution to the notary;
e) approve the procedure for verifying compliance by the notaries of the obligations for combating money laundering and financing of terrorism;
f) approve the annual report of the President of the Chamber of notaries and the Secretary-General;
g) approves the work programme and budget of the Notarial Chamber for the following year;
h) designates the internal audit or external;
I exercise other powers established) by the law or the statutes of the Notary Chamber.
(7) the decisions of the General Assembly of the Notaries are adopted by a majority vote of notaries present, with the exception of decisions on the subjects referred to in paragraph 1. (6) (a). a), b), c) and (f)), which is adopted with the votes of at least 50% of the total number of notaries. Decisions on the choice and revocation of members of the boards, the College disciplinary action, the President of the Chamber of notaries and the Board members of the Chamber shall be taken by secret ballot.
(8) If at the next session of the General Assembly of notaries, as a result of repeated voting, does not get a majority for the adoption of decisions on qualifying raked the topics referred to in paragraph 1. (6) (a). a), b) and (f)), they shall be deemed to be adopted by a majority vote of those present.
Article 48. Council Chamber Of Notaries

(1) Notarial Chamber executive body is the Council, consisting of the Notarial Chamber 7 notaries, elected for a term of 4 years. President of the Chamber of notaries is the Chairman of the Chamber of notaries.
(2) Notarial Chamber Council shall be convened when necessary but not less frequently than once a quarter. Board meetings shall be considered deliberative if attended by at least 5 members. The decisions of the Chamber of notaries shall be adopted by a majority of the members present.
Article 49. The powers of the Council Chamber of notaries Notary Chamber Council has the following powers: to) approve professional standards and recommendations on unification of notarial practice;
b) Ministry of Justice consults in establishing the required number of notaries and trainee notaries;
(c) the Ministry of Justice), for approval, draft normative acts and/or administrative acts with normative;
d) Approves, under the present law, administrative acts with normative;
(e) the Ministry of Justice) shall submit proposals for the revocation of members of the Commission and licensing the College disciplinary action;
f) approve contracts to carry out the adaptation period;
g) develops and approves internship programme, conclude contracts to carry out the adaptation period;
h) distributes random people who have promoted the competition for admission to the professional stage and leaders of notaries;
I) approve contracts concluded by the Secretary-General, which exceed the amount of 50 000 lei;
j) organizes training courses for notaries, keep track of the duration of the courses;
k) delegate notaries and trainee notaries to participate in seminars, conferences and training courses;
l) verify compliance with the work programme of the paralegal;
m) consult the Ministry of Justice appointed the Committee members want to control the activity of notaries;
n) endorse the ticket model notary;
o) approve the personnel and the recruitment conditions of the employees of the Chamber of notaries, and the size of their salaries.
Article 50. President of the Chamber of notaries (1) Notarial Chamber shall elect its President for a term of 2 years and cannot hold more than two terms consecutively.
(2) the President of the Chamber of notaries is remunerated. The size of the remuneration shall be determined by the General Assembly of Notaries.
(3) the President of the Chamber of notaries has the following duties: a) Notarial Chamber shall represent in dealing with public authorities, legal entities and physical persons both in the country and abroad;
b) presides the Council Chamber of notaries;
c) signed the acts of the Council of the Chamber of notaries;
d) posing in front of the General Assembly of notaries and the Justice Ministry annual activity report of the Chamber of notaries;
e) exercise other duties stipulated by law and the statutes of the Chamber of notaries.
(4) in the absence of the President of the Chamber of notaries, its functions are exercised by one of the Notarial Chamber Board members, elected by the members of the Council.
Article 51. The Secretary general of the Chamber of notaries (1) the administrative, organisational, economic and financial standing of the Notarial Chamber shall ensure by its Secretary general.
(2) the Secretary general of the Chamber of notaries is hired by the Board, on a contest basis, for a period of 5 years.
(3) the Secretary general of the Chamber of notaries may be committed person who has higher education in economics or management, law and a seniority of at least 5 years.
(4) the Secretary general of the Chamber of notaries has the following duties: a) is responsible for financial and economic management of the Notarial Chamber;
b) conclude contracts on behalf of the Notarial Chamber;
c) manages the budget of the Chamber of notaries;
d) elaboration, validity and organizes the presentation in front of the General Assembly of the Notaries of the Notarial Chamber's annual budget;
e) presents in front of the General Assembly of the annual report on the execution of the Notaries of the budget;
f) prepares annual activity report of the Chamber of notaries;
g) organizes the activity of the Notary Chamber between meetings of the General Assembly;
h) participates in the meetings of the General Assembly of the Chamber of Notaries and Notarial Council without voting rights;
I) draft agenda and preparing materials for meetings of the General Assembly of the Chamber of notaries and Notarial Council after consultation with the last;
j) employ staff of the Chamber of notaries and drive its business activity;
k) executes the decisions of the general meeting of the Chamber of Notaries and Notarial Council concerning its work;
keeping track of it all) organises real estate owned or managed the Chamber of notaries and other supplies managed by it;
m) meets the other duties laid down in the Statute of the Chamber of notaries.
(5) during the period of temporary absence of the Secretary-General, its functions are exercised by an employee of the administrative apparatus of the Notarial Chamber, appointed by the Secretary-General with the approval of the Council of the Chamber of notaries.
(6) the Secretary general of the Chamber of notaries is remunerated. The size of the remuneration shall be determined by the Council.
(7) during his term of Office, the Secretary general of the Chamber of notaries is not entitled to exercise overlapping other remunerated functions or activities, including the notary, except teaching, scientific functions, creation and mediation.
Article 52. Ethics Commission (1) Notarial Chamber of the Ethics Commission, which aims at examining the cases of violation of the code of ethics of notaries, and the finding of irregularities in professional ethics. The Ethics Committee is composed of 7 members elected by the General Assembly of the Notaries for a term of four years, two of them being representatives of civil society.
(2) the sessions of the Commission on ethics shall be considered deliberative if attended by at least 5 members. The Ethics Commission decisions shall be adopted by a vote of at least 4 members.
(3) the examination of cases of violation of the code of ethics of notaries, the Ethics Commission shall adopt a reasoned decision with one of the following findings: a) lack of breaching code of ethics of notaries;
b) violation of the code of ethics of notaries;
c) breach of provisions of the code of ethics of notaries, liable to disciplinary liability.
(4) in the event of the detection of an infringement of the provisions of the code of ethics of notaries, the Ethics Commission will alert the clerk, in writing or orally, about behavioural and expose its opinion on the behavior of the notary.
(5) in the event of the detection of an infringement of the provisions of the code of ethics of notaries, liable to disciplinary responsibility, the Ethics Commission will transmit the dossier to the College disciplinary action.
(6) on the basis of generalizations of the cases examined, the Ethics Commission may propose to the notarial Chamber develop recommendations relating to professional ethics of notaries and certain indications for training programs.
(7) the Commission of Ethics operates under a regulation approved by the General Assembly of notaries.
Article 53. The activity of the Notary Chamber (1) the financial activity of the Notary Chamber shall be subject to internal audit or external audit.
(2) the audit shall be carried out on an annual basis or, if necessary, can be carried out at the request of one-fifth of the total number of notaries.
(3) the audit report shall be brought to the attention of the General Assembly of notaries.
(4) persons with responsible positions within the Chamber of notaries are obliged to make available to the auditor the documents related to the verification of financial activity.
[Chapter VII, enter into force on the date of publication-26.08.2016]


Chapter VIIIREPARAREA INJURY CAUSED by a NOTARY Article 54. Compensation for damage caused by a notary (1) any person injured in one of the meeting of an act by the notary or a notarial or unfounded refusal to perform notarial act or action, either through disclosure of professional secrecy may demand compensation for damage caused in this way.
(2) the State shall not be responsible for damage caused by a civil law notary or notary trainee.
(3) If damage caused is liable and the applicant Notary Act or a third person, they shall bear responsibility in proportion to their degree of guilt.
Article 55. Order repair of injury (1) damage repaired in succession, in the following order: a) of professional indemnity insurance to the notary;
b) of credibility;
c) of monetary means of the notary who has caused the damage.
(2) source of compensation if the injury becomes mandatory rear was not covered by funds from previous sources.
(3) where the clerk has pursued the activity in the absence of a contract of compulsory insurance of professional responsibility or if the damage was caused intentionally by the notary, he shall be responsible for the injury. If the damage is greater than the value of the assets and liabilities of the notary, it recovers the additional credibility.
(4) damage caused as a result of compliance with the recommendations of the Notarial Chamber to repair the credibility, and the recommendations to be made in accordance with the law.

(5) the Fund's credibility has the right of recourse against the notary who has caused the damage, in the cases referred to in paragraph 1. 3. In article 56. Professional indemnity insurance to the clerk (1) in order to ensure compensation for damage caused by a notary within his professional activity, the notary is obliged to conclude a contract of compulsory insurance of professional responsibility. Records of these contracts is held by the Notary Chamber.
(2) the minimum amount insured is determined by the Board of the Chamber of notaries. It can be revised if necessary.
(3) a Notary is obliged to inform the Notary Chamber about the modification or termination of compulsory professional indemnity insurance, within 5 working days.
(4) the insurance contract is concluded for a period of at least one year, provided that the payment of compensation for damage caused during the period of the contract may be required within the term of limitation of actions for extinctivă injury repair.
Article 57. The conditions of compulsory insurance of professional responsibility of the notary (1) the insured amount shall be fixed by common agreement of the parties to the insurance contract, but may not be less than the minimum amount insured fixed by the general meeting of Notaries.
(2) the size of the insurance premium shall be fixed by common agreement of the parties to the insurance contract.
(3) the overdue payment of insurance premium qualifies as business without insurance.
(4) the number of cases covered by the insured the insurance contract cannot be limited.
Article 58. The Fund's credibility (1) for the purpose of the repair of any damage caused by the notaries of the Fund shall be established credibility, acting on the basis of this law and the regulations approved by the General Assembly of notaries.
(2) the Fund's credibility is created for payment of compensation in the manner and in the cases provided for in this law.
(3) the founder of the Fund's credibility is the notarial Chamber.
(4) the minimum and maximum Size of the Fund's credibility shall be determined by the General Assembly of notaries.
(5) the financial resources of the Fund's credibility is formed from contributions of notaries, whose size is determined by the General Assembly of notaries. Credibility means the Fund must be used solely for the purpose of recovery of damages caused by notaries.
(6) where the credibility of the Fund reached its maximum size, the obligation to pay dues notaries will be suspended as of January 1 of the following year, pursuant to a decision of the Chamber of notaries.
(7) If the Fund's credibility has fallen below the minimum level set by Room, by a decision of the Chamber of notaries, the payment of contributions shall resume as of the month following that month.
Article 59. Administration of the Fund's credibility (1) the Fund's credibility is administered by the Board of management's credibility.
(2) the procedure for formation and regulation of activity of the Management Board of the Fund's credibility shall be approved by the General Assembly of notaries.
(3) the Management Board of the Fund's credibility shall submit annually a report on the administration of the Fund to be approved by the General Assembly of notaries.
Article 60. Control of the use of funds from the Fund's credibility and effective control over the use of funds intended purpose the Fund's credibility is effected by the Notary Chamber.


Chapter IXCONTROLUL NOTARY ACTIVITY Article 61. Types of control activity of the notary the notary Activity is subject to judicial control, and tax and finance.
Article 62. Professional administrative control (1) control of the administrative work of the periodic professional notary shall be exercised by the Supervisory Body, and is considering: Organization of notary offices);
b) acts and quality of actions carried out by notaries;
c) fulfil legal, statutory and professional conduct of notaries.
(2) the Administrative Control of the activity periodically professional notary shall be carried out once every 3 years. The newly-sworn notary's activity is supervised during the second year of activity.
(3) the Inspection Commissions shall not express opinion on the legality and content of authentic instruments.
(4) in the event of complaints, complaints or petitions concerning breaches of the professional activity of a notary, the Ministry of Justice, after consultation with the Chamber of notaries, has the right to carry out unannounced inspections.
(5) the method for the formation of the Commission for monitoring and verification procedure shall regulate by a regulation approved by order of the Minister of Justice after consultation of the Notary Chamber.
Article 63. (1) judicial control of the acts of notary actions can be appealed in the courts of common law under the jurisdiction established by law. Until the annulment by the Court, notary attacked presumed truthful and legal.
(2) the Clerk's refusal to perform notarial act or action can be challenged in the administrative court.


Chapter XRĂSPUNDEREA the NOTARY Article 64 DISCIPLINARY ACTION. The grounds for the disciplinary liability of the notary the notary responsible for disciplinary action: a) notarial Office lack or arranging/rearranging notarial Office contrary to legal requirements;
(b) violation of rules of competence);
c) incurred on the number of annual training hours academic;
d) refusal to allow unmotivated by persons empowered to carry out checks in the Clerk's Office and/or unmotivated refusal to submit required paperwork;
It's compulsory contributions) nevărsarea account of Notary Chamber for three months to maturity;
f) lack of a contract for the professional liability insurance or contract of indemnity insurance with an insured amount minimum 86(1) General Assembly of notaries;
g) intentional disregard of professional bodies;
h) refusal to receive the paralegal unmotivated interns for conducting professional traineeship;
I) violation of how making internship;
j) failing concerning the keeping of registers and notary acts or non-compliant and keeping incomplete records;
k) disclosing secrecy;
l) his business, advertising his professional qualities or its Notary Office;
m) absence of systematic overkill in your Office or systematic violations of the work programme announced;
n) overdue for absence from Office under article 13. 40 para. (5);
a groundless refusal to) carry out notarial or notarial actions;
p) serious or systematic violation of other professional obligations established by law;
q) violation of the Ethics Code of notaries;
r) violation of the code of ethics of notaries, liable to disciplinary responsibility, on the basis of the decision of the Commission on ethics.
Article 65. The Statute of limitations (1) disciplinary Sanction may be applied no later than three years from the finding of a breach, but not later than 5 years after committing a disciplinary offence. In this term does not include the period of absence from the notary office, the suspension or termination of the notary. The limitation period shall be interrupted with the initiation of disciplinary proceedings, and in the case of the initiation of a criminal, civil or administrative.
(2) where from a final decision of a national or international courts shows that the notary has committed misconduct, disciplinary sanction may be applied within a period of one year from the date on which the decision became final court, but not later than 2 years after committing the offence.
Article 66. Disciplinary sanctions (1) where it is established that the provisions of article 362 are violated. 64, notaries are subject to the following sanctions: a disciplining) written warning;
b) reprimand;
c) fine from 30 to 300 conventional units. Payment of the fine shall be made within 30 days from the date of issue of the decision on the application of the sanction, and constitute revenue in the budget of the Chamber of notaries;
d) suspension of activity for a period of up to four months;
(e) withdrawal of the licence).
(2) the warning lies in alerting the clerk regarding disciplinary deviation and future compliance acknowledged by the legal provisions, as well as its prevention and that, in the case of a new disciplinary similar, i will apply a more severe penalty. The warning is issued in writing. The term of action of the warning is of one year. (3) The application of the disciplinary sanction shall take account of the seriousness of the irregularity, the circumstances in which it was committed, the activity and behavior of the notary.
(4) constitute criticism, Reprimand, expressed in written form, the facts committed by notary.
(5) the sanction of suspension of the activity of the notary applies in cases where the infringements referred to in article 1. 64 lit. a)-(f)).
(6) the penalty of withdrawal of the licence apply in the following cases: (a) non-compliance with the obligation referred to) art. 28 para. (3);

b) where activities are incompatible with the activity of the notary for a period exceeding 3 months;
c) compliance of notary acts for the period of suspension of its activity;
d) violation of terms of punishment for passing on the stamp and notary archive;
It's the reorder failure) activity within the period established by law.
(7) Information concerning the application of disciplinary sanctions shall be notary public on the official web pages of the Ministry of Justice and the Notarial Chamber within 3 days of the sanction.
(8) If within two years from the date of the disciplinary sanctions specified in paragraph 2. (1) (a). a), b) and (c)) the notary does not commit a new sanctioning deviation, it is considered that it has not been sanctioned to disciplinary action.
Article 67. The College disciplinary action (1) the disciplinary College aims at examining cases concerning the disciplinary liability of notaries.
(2) the disciplinary College is formed by order of the Minister of Justice of 7 members: three members appointed by the Notary Chamber, 3 members appointed by the Ministry of Justice and a representative of civil society, selected on a contest of the Ministry of Justice after consulting the Chamber of notaries. The procedure of selection of the members of the College disciplinary action shall be established by a regulation approved by order of the Minister of Justice after consultation of the Notary Chamber.
(3) by order of the Minister of Justice shall be appointed members of the disciplinary College.
(4) until the approval of the nominations of the members of the disciplinary College, the Minister of Justice has the right to submit applications for review filed by the Notary Chamber, together with a reasoned recommendation, within 15 days from the date on which they were proposed.
(5) the Council of the Chamber of Notaries subject to unsupported applications by voting the Minister of Justice. The same may be submitted candidacies where approved by Council Notary Chamber again, unanimously.
(6) by order of the Minister of justice are appointed and seven alternate members of the disciplinary measures which are appointed by the same procedure as the members.
(7) the President of the College disciplinary action shall be chosen from among the members of the College. In the absence of the President of the disciplinary College, its functions are exercised by another Member of the College, appointed by the President.
(8) the Chairman, the members or, if appropriate, alternate members of the disciplinary College enjoys, for each meeting attended, an allowance equivalent to the third part (1/3) of medium salary on economy, but no more than for 3 meetings per month.
(9) the Secretary to the College disciplinary action is appointed by order of the Minister of Justice from among the employees of the Ministry of Justice.
(10) the disciplinary College operates under a regulation approved by the Minister of Justice after consultation of the Notary Chamber.
Article 68. The mode of decision-making (1) meetings of the College disciplinary action shall be considered deliberative if attended by at least 5 members. The College disciplinary decisions shall be adopted by a vote of at least 4 members.
(2) in the event of a conflict of interest, the Member concerned of the disciplinary College is obliged to refrain from examining the disciplinary case, or may be recuzat by the decision of the disciplinary College. Recuzat College member is substituted by an alternative member.
(3) the membership of the disciplinary College is incompatible with that of Member of the Notarial bodies of the Chamber or of the Commission.
(4) members of the disciplinary College are obliged to keep professional secrecy and not to disclose information in the course of the examination of the case.
Article 69. Disciplinary procedure (1) the disciplinary College Meetings are public. The College may order that the meeting be closed partly times total in order to protect intimate life or professional secrecy. But the pronouncement of the judgement to the College disciplinary action shall be public.
(2) The examination of the case, citing the notary is mandatory, it having the right to peruse the file documents and to submit his defence.
(3) during the examination, presence of notary deviation disciplinary held liable to disciplinary action. If the clerk is missing unjustifiably College disciplinary action may decide disciplinary deviation examination in his absence.
(4) following examination of the request for such appeal to the disciplinary procedure disciplinary appeals, decision or not disciplinary deviation. In the event of the detection of the offence, the disciplinary College establishes a disciplinary sanction.
(5) a disciplinary Sanction shall be enforced by order of the Minister of Justice, which can be challenged in court. Order of the Minister of Justice on the application of disciplinary sanction of suspension or withdrawal of the licence shall be published in the Official Gazette of the Republic of Moldova.
(6) the Minister of Justice has the right to submit for review the decisions of the disciplinary College, together with the reasons therefor, shall, within 15 days from the date on which they were communicated.
(7) subject to the decisions of the disciplinary College review disciplinary cases rejected by the Minister of Justice. The same decision can be lodged again where it approves disciplinary College again unanimous.


Chapter XIDISPOZIŢII FINAL and TRANSITORY Article 70 (1) this law shall enter into force six months after its publication, with the exception of Chapter VII, which will enter into force on the date of publication.
(2) the date of entry into force of this law shall be repealed art. 1, 2, 6 and 7 in chapter I, chapter II, article 3. 28, 29 and 34 of chapter III and chapter XIII of law No. 1453-XV of 8 November 2002 on notaries (Official Gazette of the Republic of Moldova, 2002, nr. 154-157, art. 1209).
(3) the Licensing Commission of the notary of the disciplinary College and will continue until the establishment of similar bodies under this Act.
(4) persons who, on the date of entry into force of this law, have the notary activity licence is entitled to operate further as a paralegal in its base.
(5) within six months from the date of entry into force of the present law, notaries will take all the necessary measures to comply with the requirements of this law.
(6) persons who carried out the training course under the law. 1453-XV of 8 November 2002 on notaries and those admitted to training but who have not supported the examination of qualification until the entry into force of this law, shall be admitted to the profession of notary in the aftermath of the qualifying examination in support to the Commission's licensing and following the contest to fill vacant posts notary.
(5) Notaries whose activity is suspended from the date of entry into force of this law, and grounds for suspension are outside those prescribed by this law to resume the work within 30 days.
(8) the Ministry of Justice, within 3 months from the date of publication of the present law, shall convene the general meeting of Notaries to choose the governing bodies of the Chamber of notaries.
(9) the Government, within 6 months: a) will submit to the Parliament proposals on the implementation of legislation consistent with the present law;
b) will put its normative acts in compliance with this law;
c) will adopt regulatory acts necessary for the enforcement of this law.