LAW no. 36 of 12 May 1995 (republished)
public notaries and notary activity no. 36/1995 *)
Official Gazette no. 444 of June 18, 2014
*) Republished under art. 107 par. (3) of Law no. 255/2013 for the implementation of Law no. 135/2010 on the Criminal Procedure Code and amending and supplementing certain acts which would be criminal procedure, published in the Official Gazette of Romania, Part I, no. 515 of 14 August 2013, as amended, giving the texts a new numbering.
Law on notaries public and notarial activity no. 36/1995 was republished in the Official Gazette of Romania, Part I, no. 72 of 4 February 2013 and has subsequently been amended by Law no. 54/2013 approving Government Emergency Ordinance no. 120/2011 on the extension of deadlines and amending and supplementing certain acts, published in the Official Gazette of Romania, Part I, no. 145 of 19 March 2013.
Chapter I General Provisions
Notary activity provides individuals and businesses finding commercial or non-litigious civil legal relations and exercise of the rights and interests protection in accordance with the law.
Work is done by public notaries notarized by notary documents and legal advice notary, under this law.
(1) The notary public is sworn to fulfill a public service and has the status of an autonomous functions.
(2) In Romania the office of notary public is organized and exercised only under this law, within the National Union of Notaries Public of Romania, hereinafter referred to as the Union of Chambers and Notaries Public, hereinafter Rooms.
(3) The office of notary public shall be exercised only by public notaries Union members, organized in Chambers.
(4) In exercising the profession and in this connection, the notary public is protected by law.
(5) The establishment and functioning of forms of organization of the profession of notary public, other than the Union and the rooms are prohibited. Constitutional documents and recording of any other forms of organization are null and void.
(1) The notary public shall perform that function in a notary's office. Forms of office as a notary are:
A) individual office;
B) professional company.
(2) the individual performs his office a notary public, employees with higher education and staff.
(3) The professional company consists of two or more notaries associates. In the professional society, public notaries can hire associates educated personnel and support staff.
(4) Notaries public in a professional company associates exercise their personal and function individually responsible for their work.
(5) The notary public may not exercise the function, while in many forms of exercise.
(1) forms the profession of notary public shall be individualized by name, as follows:
A) where individual office - Notary Public holder name, followed by the phrase "individual notarial office" or name of the office;
B) where the professional company - the name or business name public notaries professional associates in both cases followed by the words "professional corporation notary".
(2) The names referred to in para. (1) will be shown on the external marks of individual offices or professional societies, under the conditions set by the profession.
(3) articles of association, notaries public may agree that professional company name remains unchanged in case of death or exit from the association of one of the partners.
(1) The notary public is free to choose and to change at any time opt for one of the forms of office stipulated by law.
(2) Subject to the provisions of this law and the profession, a form of office as a notary public can turn to another without going into liquidation.
Act performed by the notary public seal and bearing his signature, is a public authority and has probative value and, where appropriate, enforceable under the law.
Notarial acts can also be performed by diplomatic missions and consular offices, and other institutions, conditions and limits provided by law.
(1) Notaries public and institutions referred to in Art. 8 which carries notary are required to review in order to prevent disputes, as acts which dealt not contain clauses contrary to law and morality, to ask and give clarification parties on the content of these documents, to make sure that they understand the meaning and the effects they have accepted.
(2) If the act requested is contrary to law or morality, public notary will refuse his preparation.
Notary activity is carried out equally to all persons without distinction of race, nationality, ethnic origin, language, religion, sex, opinion, political affiliation, wealth or social origin.
(1) The notary public in the office of his notary office works. In order to fulfill professional notary public and can travel outside the notary office, within the territorial constituency of the court in which it operates.
(2) Where a district court in the district operates several offices of public notaries, notary public each local jurisdiction extends throughout that constituencies. The territorial jurisdiction of the notaries appointed in Bucharest district stretches across Bucharest Tribunal.
Chapter II Competence
Notary public and notarial procedures meet the following acts:
A) drafting legal documents with content, at the request of the parties;
B) authentication of documents;
C) the notary succession procedure;
D) certifying the facts in the cases provided by law;
E) authentication of signatures on documents, specimens of signatures and seals;
F) giving a definite date documents;
G) deposit the goods, records and documents submitted by the parties and the sums of money, other property, documents or documents found during the inventory of the estate, according to the space and utilities available to the notary office ;
H) acts of protest bills of exchange, the promissory notes and checks;
I) legalization of copies of documents;
J) performance and legalization of translations;
K) issue of duplicates of documents that you drafted;
L) Fiduciary activities under the law;
M) appointment in cases provided by law, the custodian or trustee particular;
N) record and preserve, under the law, fingerprints of the special registers;
A) certification procedural steps of auctioning and / or their results;
P) divorce proceedings under the law;
Q) liquidating liabilities succession, with the agreement of all heirs;
R) any other operations stipulated by law.
Notaries public can give legal advice on other than the content of notary acts they perform and participate, as specialists appointed by parties in the preparation and drafting of legal acts of the notary.
Notary public may take place, under the law, activities of the agent Electronic Archive of Pledges and activities other than those stipulated by this law, its competence.
In carrying out its duties, the notary public has general jurisdiction, except as provided in the following situations:
A) notary succession procedure is for the notary public notary office located in the territorial jurisdiction of the court in which the deceased had his last domicile;
B) if successive inheritance, the heirs can choose any of competence notaries who work in an office individually or in a professional society of territorial jurisdiction of the court in which he was last home to one of the authors the latter died;
C) acts of protest bills of exchange, the promissory notes and checks are made by a notary public in the jurisdiction in which the territorial court to pay;
D) issue of duplicates of notarial documents, correction of material errors or omissions filling is made manifest by the notary public whose archive of the original notarial acts;
E) divorce procedure is for the public notary office located in the district court in whose territorial jurisdiction the last place of marriage or family residence;
F) the release procedure conclusion about the outcome of the checks performed on the Register of the Chambers inheritance procedures and national registers of notary public notary Union is fulfilled by competent under the law, to carry out the succession;
G) any other circumstances stipulated by law.
(1) conflicts of jurisdiction between public notaries in the district of the same court of appeal is settled by the director of the Chamber Board, upon referral by the notary public or interested party.
(2) conflicts of competence between notaries public in the jurisdiction of different courts of appeal shall be settled by the Executive Office of the EU Council.
(3) The decisions of the Board Director of the Chamber or, where appropriate, the Executive Office of the EU Council may be appealed within 15 days of the communication from the court within whose jurisdiction they operate the latter seized notary public . Court decision is final.
Secretaries of local councils of villages and towns where it operates offices of public notaries meet at the request of the parties, the legalization of copies of documents, except private documents.
(1) The notary diplomatic missions and consular offices are conducted on Romanian law and international agreements to which Romania is a party, and according to international usage.
(2) At the request of individuals having Romanian citizenship and legal persons Romanian diplomatic missions and consular offices of Romania fulfill the following notarial acts:
A) drafting documents at the request of the parties in order to fulfill one of the procedures laid down by the notary law to diplomatic missions and consular offices;
B) authentication of documents, with the exception of legal acts between living with constitutive effect or transferring the property and documents on the selection, modification and liquidation of the matrimonial regime;
C) authentication seals and signatures;
D) giving a definite date documents submitted by the parties;
E) certification of facts;
F) legalization of copies of documents;
G) performance and legalization of translations;
H) deposit the documents and the documents submitted by the parties;
I) issuance of duplicates of notarial documents drawn up by the diplomatic missions or consular offices.
(3) Diplomatic missions and consular offices can not perform the procedure of divorce and succession procedure.
(4) Activities notaries in para. (2) producing legal effects in Romania, can be performed by diplomatic missions and consular offices and at the request of individuals or legal entities, in so far as the laws and regulations of the receiving State or bilateral agreements do not oppose.
(5) Notarial acts are carried out at the premises of diplomatic missions or consular offices and on board ships and aircraft under the Romanian flag which is stationed in the scope of activity of these organs and to Romanian citizens residing or elsewhere if this is provided for in international conventions to which Romania and the State of residence are parties or local law does not oppose.
organization of work of public notaries
organization, operation and individual office notarial records and notary professional society
(1) The public notaries are conducted in a notary's office, where they can operate one or more notaries public associates the simple or shared, as appropriate, in the opinion of the Chamber Board of Directors, employees with higher education and personal auxiliary.
(2) Association, the notary public does not lose its right to individual notary.
(3) association and termination of notaries public association whose registered office in the same district judges ordered by a decision of the Board Director of the Chamber in whose territorial jurisdiction the court in whose jurisdiction their registered public notaries. Association and public notaries association termination with no registered office in the same district judges have by the minister of justice. Conditions and procedure concerning the association or termination of notaries public association shall be regulated by rules of implementation of this law.
(4) Association or termination of the association, effective from the date of registration in the National Registry of public notaries, hereinafter RNENP, held by the Union. The registration certificate shall be notified immediately by the Ministry of Justice.
(1) The notary public notary office can change from one locality to another locality, a contest organized by the Romanian Notarial Institute at national level, for change of headquarters posts.
(2) The competition changes the premises referred to in para. (1) consists of a written practical examination. Minimum passing mark is 8.00.
(3) Appointment by the choice of the successful candidates is expressed in the application for the contest, the average grade obtained and limit positions provided in order to update mentioned in art. 21 para. (3) d).
(4) Notwithstanding the provisions of para. (1) changing the notary office from one locality to another locality can be achieved by ceasing notary public and taking office holder thereof, upon request by the public notary associate.
(5) If the professional society operates more than 2 notaries associates, not appointed in that locality, the vacancy under par. (4) deals with the notary public nominated by the association contract by public notary holder of notaries associates. If no one is nominated Associate notaries, the vacancy shall be filled by competition held under this law.
(6) In determining what items intended change of premises, the Board of Directors of the Chambers will take account both of the criteria laid down in Art. 21 para. (4) and of vacancies due to termination of some notaries.
(7) The notary public may change its headquarters temporarily, by association, a village in another place, in compliance with art. 19 para. (1) - (3).
(8) Composition of committees for organizing and carrying out the change of headquarters is established according to regulations approved by the EU Council.
(9) Change the registered office shall be ordered by the Minister of Justice.
(10) Temporary change of the notary office in para. (7) shall be ordered by the Minister of Justice or, where appropriate, by decision of the Steering Board of the Chamber.
(11) The procedure for organizing and carrying out the change in location is determined by regulations approved by the EU Council.
Updating the number of notaries public
(1) In updating the number of notary publics will consider the Constituency of judges to perform their duties at least two notaries.
(2) The notary public stations is updated usually annually by the minister. Updating is done at the EU Council proposal.
(3) The Minister of Justice will proceed in the first quarter of each year, based on proposals Union Council, to issue orders to update, separately for each category of posts are updated as follows:
A) posts for judges of the High Court of Cassation and Justice;
B) posts for trainee notaries who will pass the exam to be finalized;
C) posts for people who have at least 6 years old in a legal position which will promote competition and acquiring the quality of notary public;
D) changes in posts for offices of notary offices.
(4) The wording of the proposed update, the EU Council will take into account:
A) proposals Chambers;
B) depending on the number of notaries public;
C) the number of notaries trainees to the completed exam;
D) applications judges of High Court of Cassation and Justice to be appointed notary public exam free;
E) requirements arising from the vastness of the territory, number of inhabitants;
F) amount and type of procedures required by the notary public;
G) the average annual fees charged by the notary offices on settlements.
(5) In formulating proposals for updating rooms will consider the criteria laid down in para. (4) b) -g).
Becoming a Notary Public
Notary Public can be one that meets the following conditions:
A) is a Romanian citizen, a citizen of a member state of the European Union, a citizen of a European Economic Area or citizens of Switzerland and is domicile or residence in Romania;
B) has full legal capacity;
C) degree in law;
D) has no criminal record arising from an offense or service in connection with the service or with intent of committing another crime;
E) enjoys a good reputation, established under the terms established by statute;
F) knows the Romanian language;
G) is capable of medically and psychologically to hold office;
H) held for 2 years the quality of notary trainee, graduated Romanian Notarial Institute and passed the finalized or exercised for at least six years a position of legal specialty and passed the entrance examination for the position of public notary.
(1) To become a trainee notary, a person must meet the requirements of Art. 22 lit. a) -g) and pass an exam or competition for acquiring the quality of notary trainee, organized by College of the Chamber director who signed up for the exam or competition.
(2) The Board of Directors of the Chambers held annually and simultaneously in a day on a date fixed by the President of the Union, exam or competition for acquiring the quality of notary trainee.
(3) examination or entrance examination as a notary trainee consists of a written test, theoretical, and an oral examination, approved by the Council of the topic. The minimal grade is 8.00, but less than the 7.00 mark each sample. The admitted candidates will take their places within the posts approved by the College Director of the Chamber.
(1) After passing the exam or contest provided for in art. 23, notary trainee for 2 years following theoretical and practical training courses organized by the Romanian Notarial Institute.
(2) The period of the internship, trainee clerk pays for training established by the Romanian Notarial Institute. Failing to attend training courses or to pay the costs of termination of notary draws trainee. Training structure and conditions apply the sanction provided in this paragraph and the procedure is regulated by the internship course approved by the EU Council.
(3) Theoretical carried out through the courses organized by the Romanian Notarial Institute. Practical training is conducted in a notary's office, appointed by the director of the Chamber Board clerk trainee exam or competition for acquiring the quality of notary trainee agreement with the notary public coordinator.
(4) The activity of a notary trainee can be guided only by notaries with a length of at least 6 years in this capacity and who enjoys a good professional reputation.
(5) After completion of two years of probation, clerk trainee must attend and pass an exam to be finalized organized by the Romanian Notarial, hereinafter INR.
(6) completed exam consists of two written tests or one theoretical and one practical nature of the contest theme. The minimal grade is 8.00, but less than the 7.00 mark each sample.
(7) Upon completion of two years of probation, clerk trainee has the right to be present at most two sessions of exam completed.
(8) Rejection or, where appropriate, unjustified absence of the notary trainee exams completed two consecutive draws termination of notary trainee.
(9) The examination completed exam consists of the following members: a member of the Union, who is also chairman of the committee, a representative of the Ministry of Justice, a member of teaching staff in higher education specialist and two notaries servants with professional prestige, appointed under the rules of organizing and holding the contest.
(10) Depending on the number of candidates, the EU Council, on a proposal from INR may decide Supplementing the composition of the examination boards in para. (9) except the President, which is unique.
(11) Para. (9) and (10) shall apply accordingly and the establishment of the commission for resolving complaints.
(12) completed exam results validated by the EU Council, on a proposal from the chairman of the examination.
(13) examination or, where applicable, competition for acquiring the quality of notary trainee shall be conducted in Romanian language and is organized by the Board of Directors of the Chambers under the conditions and procedure laid down by regulation approved by the Union.
(14) completed the exam and acquiring quality contest held in Bucharest notary public, and the exam or, where applicable, competition for acquiring the quality of notary trainee is carried out in the locality where each room has its principal .
(15) Rules for the organization and conduct of examination completed and the competition for becoming a notary public shall be approved by the Minister of Justice as proposed by the EU Council.
Within 15 days of validating the results, candidates who have passed the finalized opts for the places notary public in the average grade obtained seats in the House that passed the exam or competition for acquiring quality notary trainee and limited places included in order to update provided in art. 21 para. (3) b).
After expressing occupancy options and their communication by the Council of the Ministry of Justice, the successful candidates are appointed notaries public by the Minister of Justice within 30 days from notice.
(1) To acquire the status of notary public and the person who meets the conditions listed in art. 22 lit. a) -g) it has at least 6 years experience in a position of legal specialty and promotes the entrance examination organized by the public notary office of INR.
(2) Persons wishing to acquire the status of notary public under par. (1), must register with the Chamber in whose area they want to work, for a position proposed by the Board and included in the update order issued by the minister.
(3) INR organizes national entrance examination for persons included in all rooms at a single time determined by the President of the Union, under conditions determined by rules of organization and functioning of the contest.
(4) The Examination Committee and determination of appeals for the entrance examination consists according to art. 24 para. (9) - (11).
(5) The entrance examination consists of two written tests or one theoretical and one practical nature of the contest theme. The minimal grade is 8.00, provided that each sample in competition to obtain at least the mark 7.00.
(6) The President shall submit to the contest, for validation, the Council of the results of the competition for admission.
Competition for admission to the office of notary public for people who have at least 6 years experience in a position of legal specialty is organized by INR at the request of the EU Council, whenever necessary, but at least once 2 years.
Within 15 days from the validation of the results, candidates who have passed the entrance examination opts for the places notary public in the average grade obtained seats in the House that have joined the competition in limited places included in order to update provided in art. 21 para. (3) c).
After expressing occupancy options and their communication by the Council of the Ministry of Justice, the successful candidates are appointed notaries public by the Minister of Justice within 30 days from notice.
After appointment by the Minister of Justice, notaries public who have obtained this quality in terms of art. 27 are required to take courses on practical preparation for the profession of notary conduct and organization of activity of a notary courses organized by INR for a period determined by the Council of the Union, with payment of fees.
(1) may be acquired upon request, without examination, the quality of notary public and judges of the High Court of Cassation and Justice, pursuant to art. 102 par. (2) of Law no. 303/2004 on the statute of judges and prosecutors, republished, as amended and supplemented. The request for appointment addresses the Minister of Justice, within one year of the expiry of mandate or dismissal, for reasons beyond.
(2) To be considered for the issue of updating, appointment requests be submitted by 31 March each year, the Justice Ministry. The applicant shall specify in the application for appointment in whose constituency Chamber wishes to exercise his activity. Applications submitted after this date will be solved next year. Under penalty of rejection of the appointment, the applicant shall submit with the application evidence showing that it meets the conditions of art. 22 lit. a) to g) as well as an affidavit, authenticated, showing that not returned to the magistrate or previously owned by another judge or prosecutor function and has not opted for entry into the profession .
(3) Council of the Ministry of Justice will submit, within 30 days after the deadline provided in par. (2) requests judges who meet the requirements above.
(1) Depending on the applications notified by the Ministry of Justice will ask the Council of Chambers judges have opted to propose a number of seats corresponding to the options issued. When making proposals, Chambers will have regard to the criteria stipulated by this law to update the number of positions.
(2) Based on proposals received from Chambers, Union Council formulates proposals for posts to be filled by judges of the High Court of Cassation and Justice, which require the approval of the Minister of Justice.
(3) After the issue of updating the posts intended to be filled by judges of the High Court of Cassation and Justice, the Minister of Justice will issue orders for appointment as a notary public applicants who fulfill the above conditions.
(4) If there are more applicants for the same position, they will be separated they shoot the criteria set out in the implementing rules of this law.
After appointment by the Minister of Justice, notaries public who have obtained this quality in terms of art. 32 are required to attend practical training for the conduct of the profession of notary and how to organize a notary courses organized by INR for a period determined by the Council of the Union, with payment of fees.
appointment as a notary public
(1) The notary public is appointed by the Minister of Justice, the EU Council proposal, based on the request of an interested party and after proof of the conditions laid down in Art. 22.
(2) In order to be appointed as the district court noted locality is appointed notary public.
By the age of 75 years, the notary public can exercise its function only if their annual medical certificate on the condition laid down in Art. 22 lit. g).
Exercise Without function as a notary public is an offense punishable under criminal law.
(1) After the issue of appointment under Art. 35, will be sworn notary public.
(2) The oath shall be deposited in a solemn atmosphere, the notary public before the Minister of Justice and President of the Union or their representatives.
(3) The oath reads: "I swear to respect the Constitution and laws, to fulfill with honor and public credibility, conscience and impartially the duties incumbent upon me to secrecy and professional. So to me God help! "
(4) The reference to the divinity of the oath formula change religious belief according to the notary public.
(5) The public notary will be sworn confession with no religious formula, conscience and honor.
(1) The notary public, after appointment, will work in an individual notarial office shall, within 3 months from the issuance of the order of appointment to register their individual office headquarters in RNENP. For the record, the public notary will present the order of appointment, the order of association or, where applicable, director of the Chamber Board's decision, the seal and signature specimen, proof oath and operating license.
(2) The notary public after the nomination will work in a professional company is obliged to obtain their operating license and register in order RNENP both the appointment and the order of association or, where appropriate , director of the Chamber Board's decision within 3 months from the issue of appointing or association. To register individual notary office, the notary public will present order of appointment, seal and signature specimen, proof oath and operating license.
(3) Operating license consists of certification formalities for starting and performance provided by regulation.
(4) The registration certificate in RNENP notary public gives the right to conduct business effectively.
(5) Filing a suspension before the deadline provided in par. (1) or (2) followed by the Minister of Justice the issue of suspension of public notary, interrupting the flow of time.
(6) In duly justified cases confirmed by the director of the Chamber College, the time limits provided. (1) and (2) may be extended by the Minister of Justice, for a period not exceeding three months.
(7) Failure in para. (1) and (2) the registration RNENP draws suspension of the quality of notary public, since the deadline for registration.
(8) The notary public who is registered in RNENP, and its mode of operation and for operation of a change must, within 3 months of the minister of justice order to change the registered office Constituency other judges, termination of suspension quality, ie to the issue of the Minister of justice or, where appropriate, the decision of the Board of Directors of the Chamber of association or termination of the association, to apply for registration RNENP, accordingly, the change occurred in the conduct activity.
(9) Recording in RNENP of a suspension request by the deadline provided in par. (1) followed by the issue of suspending the Minister of Justice from the office of notary public, interrupt the period.
(10) duly justified cases, the period referred to in para. (8) may be extended by order of the Minister of Justice, for a period not exceeding three months.
(11) Failure in para. (8) the registration RNENP draws suspension of the exercise of notary public.
(12) Chamber in whose territorial jurisdiction the court in whose jurisdiction has been appointed and, where applicable, the Notary Public Chamber perform at their date of termination or suspension quality are required to register the change occurred in the conduct of public notary in RNENP, within two months of the minister of justice order for termination or suspension of a notary public.
(13) laid down in para. (1) and (2) the notary public starts work only after registration RNENP. The withdrawal of the operating license draws suspension of the notary public to grant a new operating license.
(14) laid down in para. (8) the notary public starts work only after registration RNENP. The withdrawal of the operating license draws suspension of the notary public to grant a new operating license.
(15) RNENP registration procedure and the procedure of granting or, where appropriate, the withdrawal of the operating license shall be determined by the implementing regulation of this law.
termination and suspension from office of notary public
(1) The notary public shall cease:
A) by giving written to the quality of notary public;
B) if the finding of incapacity for work, under the law;
C) in the event of failure to perform the function, without justification, a continuous period of at least 6 months;
D) the exclusion of the profession, ordered disciplinary sanction, under this law;
E) in the case of obvious professional inability, revealed by the control exercised under this Act;
F) when the final judgment was ordered sentencing or conditional sentence for an offense related to business or service times intentionally committing another crime;
G) if the notary public no longer meets the requirements of Art. 22 lit. a) to g);
H) action if the conditions laid down in Art. 41 para. (3) an irreversible mental illness;
(2) In the case under para. (1) f), the court shall forthwith communicate to the specialized compartment in the Ministry of Justice and EU certified copy of the final judgment of conviction.
(3) The notary public can be kept in service if, for an offense committed by negligence, was ordered conditional sentence, suspended sentence, the penalty of fine or he granted an amnesty or pardon before the start of penalty and considers that the deed did not interfere with professional prestige.
(4) Termination of infringement or notary public has, where appropriate, the Minister of Justice at the proposal of the Executive Council of the Union at the request of the notary public or ex officio.
(5) Upon termination of notary public, the Chamber has an obligation to immediately lift the seals, books and archives. Books and archive will be taken in the following order, by:
A) associate notary public;
B) another notary public in the same district judges or the lack of jurisdiction of the same rooms, where the notary public whose function has ceased its activity conducted in an individual notary office;
C) room, where the archive can not be taken over by a notary public.
(6) If the Chamber is prevented from performing his duties in para. (1) - (5), it may request the assistance of law enforcement officer.
(1) The notary public is suspended from office:
A) in the case of incompatibility;
B) the period of prohibition to exercise the function, arranged by law or as a disciplinary measure;
C) if the situation nedepunere The monthly deadline set by the Board of the Union, for two consecutive months;
D) for not paying in full, within two months from the maturity of professional financial obligations until the submission of statistical and / or payment flow and penalties relating thereto;
E) in case of temporary incapacity;
F) if parental leave and childcare, under the law;
G) if the notary public has been taken against preventive custody or house arrest, to finish the measure;
H) at the request in writing;
I) he suffers from a mental illness that prevents him from properly perform his duties, as determined by regulation;
J) in the case of art. 39 para. (7).
(2) In the case under para. (1) g), the court shall forthwith communicate to the specialized compartment in the Ministry of Justice and EU certified copy of the final judgment which ordered the preventive arrest of the notary public.
(3) After the period referred to in para. (1) i) Camera, based on a new examination may decide to end the suspension and reinstatement of the notary, extension or, if the disease is irreversible termination of office proposed law.
(4) The suspension of the exercise of, the notary public shall immediately surrender obligation Chamber of seals, books and, where appropriate, the archive to preserve during the suspension.
(5) The suspension shall cease disappeared circumstances which led to it.
(6) In case of suspension from the office of notary suspension period begins to run from the date of concluding the takeover of seals and closing records.
The suspension and termination of suspension shall be ordered by order of the Minister of Justice at the proposal of the Executive Council of the Union at the request of the notary public or ex officio.
For justified reasons, the Chamber shall appoint, as provided in the implementing regulation of this law, a notary public notary public for the performance absent or, where appropriate, public notary in the cases provided for in art. 88.
(1) Evidence of notaries public, work on the appointment, changes in the activity, termination of notary public and the profession on organization and operation are carried out territorially by the Chambers and wide State, the Union and the specialized department of the Ministry of Justice.
(2) The Union has the obligation to communicate immediately, the Justice Ministry registration certificates of appointment as a notary public and the notary office individually or decisions of Boards Association Board of Directors and termination of association notary publics having their registered office in the jurisdiction of the same judges, and, upon request, other acts on the organization and operation of the notary public offices.
(3) orders the Minister of Justice on the appointment of a notary public, changes in the activity and termination of notary public shall be communicated to the Union, which is obliged to take the necessary measures to be communicated immediately to the Chamber, its communication assuming the obligation, upon proof notary public.
By 31 March each year, the EU Council is required to prepare annual list of notaries public and to publish it in the Official Gazette of Romania, Part I. picture notaries public annual updates continuously, based on data by Chambers, communicated the Ministry of Justice and is posted on the website of the Union.
Section 6 of the Chamber of Notaries Public
(1) In the district of each court of appeal operates one room, with legal personality.
(2) The seat of each chamber is provided in the annex part of this law. In each county in the district Chamber works at least one secondary office thereof. The room has its own seal, comprising at least the name and emblem of Romania's Chamber, and if secondary offices County name mentioned and operating the secondary office.
(3) Room includes all public notaries operating in its jurisdiction.
(4) The bodies of the Chamber are:
A) The General Assembly of the Chamber;
B) The Board of Director of the Chamber;
C) College President Director of the Chamber.
(5) The Board shall consist of a chairman, who is also president of the Chamber, a deputy chairman, who is also Vice President of the Chamber, and have 3-7 members. College director of the Chamber is elected by the General Assembly of the Chamber, as determined by the Union's status for a term of 4 years of public notaries operating in that room.
(6) Choice in leading the Chamber is made only by secret ballot, under conditions specified by statute.
(7) The President and Members of the House Steering receive compensation in an amount determined by the General Assembly of the Chamber.
(8) During the Union is authorized as operator of the Electronic Archive of Pledges, Chambers acquire legal status of the agent Electronic Archive of Pledges. In order to exercise this quality rooms can submit an application to the Ministry of Justice for its agreement to operate in the archive.
(1) In addition to rooms can become and operate courts of arbitration.
(2) The Court of Arbitration is a permanent arbitration, governmental, unincorporated independent in exercising its duties, which operates the Chamber of Notaries Public and operating under the law.
(3) Rules of organization and functioning of the Court of Arbitration and the governing bodies of the Houses shall be approved based on the Framework Regulation approved by the Union.
(4) Activity Courts of Arbitration attached Rooms governed by the provisions of Civil Procedure Code, republished, with subsequent amendments, the Rules of organization and functioning and Rules of Arbitration established by the Chambers under the framework regulation approved by the Union.
(5) rules on arbitrators and arbitral fees are approved by the Board of Directors of the Chamber.
(6) arbitration fees will be used to support the costs of dispute settlement, pay the secretariat, the arbitrators' fees and documentation, as well as any expenses necessary to enable the Court of Arbitration.
(7) The Court of Arbitration can only resolve disputes arising from acts and notarial procedures.
(8) Para. (1) - (7) is filled with institutionalized arbitration provisions relating to the Civil Procedure Code, republished, as amended and supplemented.
Director Chairperson of the Chamber shall:
A) represent the Chamber in relations with third parties;
B) handles complaints against notaries petitioners trainees taking appropriate measures;
C) shall, upon request or ex officio, in exceptional cases, a notary public who operate a public notary office of;
D) undertake specialized and auxiliary staff in number and structure established by the College Director of the Chamber;
E) coordinates and conducts departments provided in the organizational structure of the Chamber;
F) convene and chair the meetings of the College and director of the Chamber General Assembly Chamber;
G) authorizes the expenditure budget of the Chamber;
H) approve, on request of the parties, file transfer inheritance;
I) perform any other duties prescribed by law, regulation, statute and domestic regulatory actions.
(1) College Director of the Chamber shall:
A) organize the exam for becoming a notary trainee;
B) establishes the notary offices will carry out practical training of trainee notaries;
C) follow theoretical and practical training of trainee notaries;
D) shall, upon request or ex officio, the notary office where they perform practical training;
E) General Assembly Chamber proposes updating the number of notaries and the number of posts for change of headquarters;
F) approves the number of positions for obtaining the quality of notary trainee;
G) prepare legal documentation and provides consulting and informing current notaries public;
H) keep records of income and expenditure and contribution Chamber members;
I) establishes accounting and liquidation commission notary offices, in case of suspension or termination;
J) can provide support and material assistance notaries public, where justified;
K) designate a member of the College's director or another notary public Chamber of the House following entries to perform the revocation, cancellation, rectification of notarial documents in the archives of the Chamber;
L) approve the President's proposal, organization and the positions of specialist and administrative staff of the Chamber;
M) organize, at the request of the notary public, auctioning assets for liquidation by the notary of inheritance liabilities, as determined by the rules approved by the Union;
N) perform any other duties prescribed by law, regulation, status and domestic regulatory actions.
(2) In carrying out its duties, College Director of the Chamber issue enforceable decisions.
General Assembly of the Chamber shall:
A) elect and dismiss the director of the Chamber Board and Audit Commission under the conditions set by statute;
B) elect and dismiss the representatives of the Chamber or, where appropriate, and alternate them within the Union, as laid down by statute, respecting the rule of representation provided by this law;
C) elect and dismiss the Chamber's Disciplinary Board, under the conditions set by statute;
D) elect and member of the Board of Directors proposes the Insurance House;
E) approve the annual activity report and discharge the Board Chair and Director of the Chamber;
F) approves the income and expenditure of the Chamber and budget;
G) approve development strategy and investment policy of the Chamber;
H) determine the allowances of members of elected bodies;
I) approve the internal regulations of the Chamber;
J) elect commissioners for conducting elections to the governing bodies of the Union of Chambers and, under its own regulations;
K) elect representatives to the House in accordance with Rule representation in the Congress;
L) grant and withdraw the proposal College director of the Chamber, the honorary title of honorary president who held public notaries as president of the Board of Directors of the Chamber;
M) approve updating the number of notaries and the number of posts for change of headquarters, which forwards Union Council;
N) perform any other duties provided by law, regulation, statute and domestic regulatory actions.
Mandate of elected bodies at Chambers begins on January 1 of the calendar year following that in which elections were held.
Section 7 of the National Union of Notaries Public
(1) Notaries Public in Romania are constituted nationally in the National Union of Public Notaries, the only professional organization established by law, legal person of public interest, heritage and budget.
(2) The Union has its headquarters in Bucharest and has its own seal, comprising at least the name and emblem of the Union of Romania.
(3) To achieve the objectives of its areas of activity, the Union shall have the following functions:
A) strategy, by submitting proposals to the development strategies of the Ministry of Justice in the notary;
B) regulatory activity by specific tertiary regulations, which ensure, in accordance with the adopted strategy, the implementation of legislation on alternative notary and legal framework specific achievement;
C) representing domestic and international public notaries;
D) guidance, support and control notaries public in the correct application of the law in the notary;
E) management's own heritage.
(4) In exercising its functions, the Union may collaborate with public institutions and authorities, other legal entities of public or private law, Romanian or foreign, for achieving objectives of common interest, corresponding to its domain.
(5) Statute approved by the Congress of the Union is establishing its articles of association.
(6) Amendments and supplements Staff Union between congresses shall be made by the EU Council, after consulting the General Meetings of the Boards.
(7) The management bodies of the Union are:
A) The Congress;
B) Union Council;
C) The Executive Office of the EU Council;
D) union president.
(8) The governing bodies of the Union may be chosen depending notaries public, dating actual profession for at least eight years from the date of election.
(9) Members of the House Steering Board can not be members of the Union Council. Exceptions President of the Chamber, which, according to art. 55, as part of the EU Council, and Vice President of the Chamber or another member designated for this purpose, only when representing the president.
(10) The mandate of the elected bodies of Union begins on 1 January of the calendar year following that in which elections were held.
(1) The Congress is composed of representatives of notaries public, elected by the General Assembly of each Chamber, under Rule 10 of a representative notary public office, plus members of Union Council and Vice Board of Directors of the Chambers.
(2) If not elected as representatives of the Chamber of Congress, members of the discipline of the Audit Committee and the Board of the Insurance House of Notaries Public non-voting participating in the Congress.
(3) The Congress meets in ordinary and extraordinary sessions.
(4) The Congress is in session, usually annual and extraordinary session at the request of the Council Chambers Union or if it represents at least one third of notaries public.
(5) Convening Congress is made by the Executive Office of the EU Council at least 60 days before the date fixed by written notice to the Chambers and the publication in a national newspaper of the date, place and agenda . Boards of directors of colleges are required to communicate the date, venue and agenda of the Congress its all notary publics according to the Chamber.
(6) Rooms are obliged to communicate with the nominal list Union Congress delegates, usually at least 15 days before Congress.
(7) The Congress is a quorum of two thirds of its delegates and adopt decisions by a simple majority of the delegates present.
(8) Delegates to the Congress are free to express their vote taking into account the strategy and interests of the profession.
(9) Congress notaries public has appropriate the following tasks:
A) shall, by decision, supplement or amend the Staff Union and the Statute of the Insurance House of Notaries Public, excluding changes between congresses adopted by the EU Council, under art. 52 para. (6);
B) adopt the Code of Ethics for public notaries, additions and changes are made to the conditions laid down by statute;
C) validate the judgment, the election of the Boards and their alternates in the EU Council, as laid down by statute;
D) validate the judgment, choice of the members of the Union, the president and vice presidents, as determined by statute;
E) validate the judgment, the disciplinary council election, as determined by statute;
F) discuss professional issues of general interest and shall, by simple majority resolutions on the issues discussed;
G) approve the EU Council and the Audit Committee, the budget implementation and discharge;
H) perform any other duties within its jurisdiction by law, regulation or statute.
(10) The decisions and internal normative resolutions, administrative domains are required for notaries public.
(11) The Congress may delegate some of his powers to the EU Council, as laid down by statute.
(12) The procedure of convening, organization and conduct of Congress is established by statute.
(1) the Union shall be constituted and function:
A) Romanian Notarial Institute;
B) Insurance of Notaries Public;
C) Pension Fund of Notaries Public;
D) The National Administration National Registers Notary;
E) Auditing Commission;
F) Disciplinary Board;
G) control body;
H) Bulletin Editorial Notaries Public;
I) the specialized committees of the EU Council;
J) the specialist and administrative staff;
K) National Registry of public notaries registering notaries public and the forms in which they exercise their profession.
(2) In the Union and other bodies may be established by law, the profession or domestic regulatory actions.
(1) Union Council consists of representatives of each House representative elected according to the following rules:
A) a representative for rooms up to 200 notaries public office;
B) 2 representatives for rooms that have between 201 and 400 notaries public office;
C) 3 representatives for rooms that have more than 400 notaries public office.
(2) With the election of Chambers choose and their alternates. Replaced by alternates as representatives in the Council Chambers Union, whenever they can not exercise their mandate.
(3) The procedure of choosing representatives and alternates in Council Chambers Union and number of alternates shall be established by statute.
(4) The Presidents of Chambers as part of the Union Council with voting rights.
(5) Of the members of Union Council chairman and the three vice-presidents, as determined by statute. After the election of the president and the 3 vice presidents, their deputies become members of the Union Council. The offices of president, first vice president and vice president are incompatible with the functions of Chairman of the House or representative in the Union Council.
(6) Of the three Vice-Presidents, the Council of choosing a first vice president under the terms established by statute.
(7) The terms of the EU Council, the President, First Vice-President and Vice is 4 years.
(8) representatives in the Council Chambers Union and the president, first vice president and deputy Board receive compensation and other rights established by domestic laws.
(9) Union Council convenes usually quarterly in ordinary sessions or, whenever necessary, in extraordinary session by the President. Union Board is a quorum of two thirds of its members and makes decisions by simple majority vote of members present. In case of equality of votes, the Chairman's vote is decisive in taking the decision.
(1) Union Council has the following main functions:
A) Minister of Justice proposes updating the number of positions of notary public, notary trainee posts for competition and changes premises;
B) propose to the Minister of Justice approving the regulation on conditions for conducting examinations for acquiring the quality of notary public;
C) Minister of Justice proposes minimum fees for notarial acts and procedures in exercising met by notaries public, considering the following criteria:
1. time and workload required to fulfill the act or procedure;
2. nature, novelty and difficulty of the act or procedure;
March. obtaining data and information or collaboration with experts or other specialists required by the nature, scope, complexity and difficulty of the act;
4. time constraints the notary is obliged by circumstances to act or procedure act to ensure efficient legal services;
May. deadlines for filing documents and notary procedures;
June. place of execution of the act or procedure;
July. notary public accountability through reporting and the value of the act or procedure;
D) sets contribution rates notary public offices of the Chamber and the Chambers of the Union, according to its statute;
E) represent the Union, the Council President in relations with third parties, domestically and internationally;
F) adopt amendments or additions to the Statute of Notaries Public House Insurance and Pension House of Notaries Public;
G) approve amendments Staff Union between Congress after consultation General Assemblies of Chambers;
H) resolve appeals against decisions of the discipline;
I) adopt, amend and supplement the Rules of Disciplinary Council;
J) adopt, amend and supplement the Rules of organization and functioning of INR;
K) organizing national programs that align to the requirements of international notarial practices;
L) adopt professional practice according to the Civil Code, republished, as amended;
M) approve the budget of revenues and expenditures, budget execution and annual discharge of the President;
N) shall, by decision, allowances of the Union Council Chambers, president, first vice-president and deputy Union Council, and the members of the Audit Committee, Board Disciplinary Board of the Insurance House of Notaries Public , governing bodies of INR and allowances of members of other bodies established at EU level;
A) give orders, medals and titles, as determined by statute;
P) approve sponsorship and mecenatele;
Q) grant aid notaries public, within the limits approved for this purpose by the income and expenses;
R) perform other duties provided by law, the profession or domestic regulatory actions.
(2) Union Council may delegate some responsibilities of its Executive Bureau, in accordance with its Statute.
(1) The Executive Bureau is the executive body of the EU Council, with permanent activity and related rooms, and consists of 9 members: president, first vice-president, vice-presidents and five members elected by the Council of its members.
(2) is Union President and Council President and the Executive Office of the EU Council.
(3) the Executive Office of the EU Council meets monthly in regular session and, whenever necessary, in extraordinary session convened by the president.
(4) In carrying out its duties, the Executive Office of the EU Council issue enforceable decisions.
(5) Executive Bureau of the Union Council operates legally in the presence of a majority of its members and takes decisions by a simple majority of votes of those present.
(6) Executive Bureau of the Council of the Union has the following main responsibilities:
A) ensure the ongoing work of the EU Council;
B) the Minister of Justice proposes the appointment of a notary public notary office change, the association and the association termination, suspension and termination of suspension from the office of notary public, revocation or termination of the notary public;
C) prepare draft documents to be submitted for debate and approval Union Council;
D) drafts the annual report of Union activity;
E) draw up the draft annual budget of the Union, ensures ongoing management of heritage, seeks the balance sheet accounting and budget execution;
F) ensure the implementation of the budget and pursue the Union budget resources;
G) organize the Union's own services and approve the organizational structure and the positions of specialist and administrative staff of the Union;
H) approve the organizational structure, the positions and coordinates of all entities established in the Union;
I) approves the annual budget, the budget implementation and discharge of the entities established in the Union;
J) grant, suspend and withdraw notary offices on request or ex officio, the operating license;
K) Council report analyzes the discipline of the Union and propose appropriate measures;
L) examines synthesis professional administrative control provided by Union body control and propose appropriate measures;
M) resolves conflicts of competence between notaries from different rooms;
N) coordinates the creation and operation of the system and information technology networks between the Union and rooms, as well as at notary offices, according to their programs and those carried out in cooperation with the European notaries;
A) coordinate both the National Centre for the Administration of National Registers Notary, hereinafter CNARNN and national registers on track notary acts and notarial procedures and adopt necessary regulations functioning;
P) settled at the request of the President of the Union, complaints filed against notaries public or against Chambers;
Q) accept donations and bequests made to the Union;
R) ensure the fulfillment of the decisions of Congress and Union Council and supervises the implementation of these decisions by Chambers and notaries public, adopting appropriate decisions;
S) performs other duties prescribed by law, regulation, statute and domestic regulatory actions.
(1) The president, first vice president and vice president are Union Council, First Vice-President and Vice Union.
(2) is Union President and Council President and shall:
A) represent the Union at home in relations with public authorities in Romania, with governmental and nongovernmental organizations, and professional and externally, with national and international organizations of notaries public and will be officially invited anywhere as President;
B) authorize the expenditure budget of the Union; President may delegate this authority first vice-president;
C) convenes and chairs the meetings of Congress and the Executive Council of the Union Council;
D) undertake specialized and administrative staff of the Union and state compliance with organizational functions, approved by the Executive Office of the EU Council;
E) exercise under the law, disciplinary action against notaries public;
F) perform any other duties provided by law, regulation, statute and other regulations.
(3) absence, the President is replaced by first vice president, and if the latter is missing, one of the delegates vice president in this regard.
(4) First Vice President and Vice-Presidents representing the Union, within the mandate granted by the President.
(1) Insurance operating within the Union of Notaries Public, with legal personality, as determined by its statutes, approved by the Union.
(2) liability insurance is mandatory and public notaries is done by insurance fund established for that purpose.
(3) Notaries public are obliged to conclude insurance contract before starting work.
(4) Lower the value of insurance and the insurance premium is set annually by the Council of the Union.
(1) Within the Union is founded, organized and function INR public entity with legal personality under the conditions set by statute, approved by the Union.
(2) INR ensure improvement notary activity, initial training and, where appropriate, continuous notaries public notaries and trainees, other specialists, specialist staff of notary offices, Union of Chambers and having the right to issue diplomas or graduation certificates recognized by public and private authorities.
(3) INR is headquartered in Bucharest, it has a stamp containing its name and coat of arms of Romania and own logo. INR is set up, organized and functions under this law without any further formality.
(4) INR Statute, Rules of organization and functioning, and the arrangements for initial training or, where appropriate, continuous notaries public notaries and trainees, specialist staff of notary offices, the Chambers and Union is approved by decision of the Union.
(5) INR organized at the request of the EU Council, exam completed, the entrance examination for the position of notary public for people who have at least 6 years experience in a position of legal specialty in law and regulation organize and conduct, approved by the Minister of justice, the EU Council proposal.
(6) INR organized at the request of the EU Council, and competition change in location, under the law and the rules of organization and the competition approved by the EU Council.
(1) In order to manage the registers provided for in art. 162, within and under the authority of the Union shall be set up, organized and operates CNARNN as a legal entity under the conditions established in the regulation approved by the Executive Council of the Union.
(2) CNARNN ensure the management, organization and functioning of national registries notary referred to in art. 162, and other activities established in the regulation.
(3) CNARNN has its headquarters in Bucharest. CNARNN has its own seal, including its name and coat of arms of Romania, and own logo and set up, organized and operate, without further formality, under this law.
(4) The costs of the checks and entries in the registers provided for in art. 162 will be borne by the interested parties, and charges for entry and verification records shall be determined by the Executive Office of the EU Council.
(5) If the entries and checks the records referred to in art. 162 requested by public institutions, they will be made free of charge.
(6) Prices for enrollment or verification registers can be charged by notaries public in receipt books made available by CNARNN or on tax receipts via cash registers.
(7) Rules of organization and functioning of CNARNN and any other necessary organization and its functioning is approved by decision of the Executive Council of the Union, to be published in the Official Gazette of Romania, Part I.
(1) To establish and provide private pensions, other than the public pension system, or, where appropriate, notaries public financial aid to the survivors of their own rights and other people's private pension system that adheres notarial this pension scheme shall be established under the authority of the Union pension Fund of public Notaries, hereinafter pension Fund, an autonomous institution of public interest with legal personality, budget and its own management, as laid down by statute , approved by the Council of the Union.
(2) The pension system established by this law is compulsory for notaries public members of the Union and complementary public pension system where notaries are required to contribute under the law.
(3) The organization and operation and the date of the Pension Fund commences operations are established by statute. Retirement home has its headquarters in Bucharest, stamp and logo, including at least Romania emblem and name, and set up, organized and operated without further formalities.
Rights and duties of notaries public
Rights notaries public
(1) exercising their public notaries and enjoy stability in office, can not be moved to another location without their consent.
(2) To ensure secrecy, documents and papers of professional notary public or carried by his office shall be inviolable, which can be verified or high only in the law and in accordance with the Code of Criminal Procedure, as amended and supplemented.
(3) professional contact between the public notary and his client can not be prohibited or restricted.
(1) If the customer is in custody or detention, arrest or detention site management is required to take priority, all necessary measures to enable immediately contact the customer and notary public rights provided by law.
(2) In criminal cases, the notary public can be heard as a witness only in the cases and conditions expressly provided by the Criminal Procedure Code, as amended and supplemented.
(1) The notary public shall have the following rights:
1. to receive a fee for each notarial act or procedure performed under the law;
2. to elect and be elected in the management bodies of the Union and of the Chambers, as provided in the statute;
March. to address the Union's bodies and Chambers and receive information requested under conditions laid down by statute or internal regulation;
4. to wear the insignia of the Union and of the Chambers;
May. receive paid holidays annually, as determined by statute;
June. receive social security benefits based on contribution to the state social security system and / or the private sector, under the law;
July. have access to all data on administrative notary activities, both in the Chambers and the Union;
August. individual to join the International Union of Notaries;
September. to participate, on request, at meetings of the Union of Chambers and when you have a self-interest to support it;
10. to receive financial support in the event of disruption to the office because of temporary disability;
11. benefit on request legal assistance from the Union by specialized personnel, in cases connected with professional activity;
12. to participate in professional events organized in the country and abroad;
13. to benefit from any other rights provided by law and statute.
(2) The notary public may share their data with both professional about himself, and about where they are working under conditions set by the profession.
(1) Notaries public are entitled to a fee for each notarial act or procedure performed in accordance with art. 56 para. (1) c).
(2) Notwithstanding the provisions of art. 56 para. (1) c) the proposal of the Union Minister for Justice may determine notarial acts and procedures for which the fee is determined freely between notary public and the applicant.
Notary public is entitled to annual leave of 30 working days, as determined by statute. The notary public is obliged to notify the Chamber in whose jurisdiction they operate in relation to the period during which annual leave will perform.
Exercise of the profession of notary is incompatible with:
A) conducting a paid employment, except:
1. work and university teaching position / higher education and scientific research;
2. literary and artistic activity and publishing;
March. creative scientific and technical work;
4. Quality of deputy or senator or county councils or local term of office;
May. membership in the governing bodies or bodies of the Union of Chambers or in other national and international organizations to which the Union or rooms are affiliated or collaborating;
June. membership in a board of directors;
July. membership in an association or foundation;
B) exercising a public office or public office other than that referred to at a) pt. 4;
C) holding an office of judge, Associate Judge or Registrar;
D) the legal profession, legal counsel, judicial or insolvency practitioner;
E) conduct direct production activities, trading or other activities involving provision of services;
F) as manager or president of the Board of Directors of a company governed by Law no. 31/1990, republished, as amended and supplemented.
duties and responsibilities of notaries public
Notary public notary office and staff are required to maintain professional secrecy regarding acts and deeds which they have acquired through their work, even after the termination of office or after leaving the service, unless the law or stakeholders frees them from this obligation.
(1) The notary public may not be absent from the office for more than 5 consecutive working days without informing the Chamber to which he belongs and without ensuring the functioning of the archives office, under the law.
(2) If the provisions of par. (1) Chamber of Notaries Public may delegate, as appropriate, other public notary public notary absent their duties in accordance with the Statute Union.
(1) The notary public shall:
A) comply with the law, the regulations, the Staff Union Staff Insurance House of Notaries Public and of the Code of notaries public;
B) comply with the decisions of elected bodies of Union of Chambers and specialized committees or other entities created at EU level to fulfill the tasks entrusted and to work towards achieving the goal Union;
C) to attend meetings of the governing bodies to which it belongs;
D) General Assemblies to attend meetings of the Chambers;
E) to participate in professional events organized by the Union of Chambers and other national and international organizations having similar goals and principles;
F) keep confidentiality towards third parties debates, opinions and votes in the governing bodies;
G) to have a dignified behavior in exercising;
H) to continuously improve their professional training, participating in training programs organized by INR, according to the rules of organization and operation approved by the Union;
I) to provide training to notaries College interns assigned by the director of the Chamber and the employees;
J) within the time allowed by statute to pay professional contributions, to inform the House of which the Union and monthly statistical summary provided for in the Statute;
K) to declare their tax domicile in Romania.
(2) professional expenses incurred under par. (1) are deductible as provided by law.
(3) The provisions referred to in para. (1) h) on compulsory participation in training programs organized by INR apply as specialists of notary offices, in terms of the Regulation.
Liability of notary public can be engaged under civil law for breach of his professional obligations when it caused guiltily as bad faith injury, established by final judgment.
Disciplinary responsibility of notary public intervenes following deviations:
A) breach of general competence, material and territorial established by law;
B) non-compliance, decisions and rulings governing bodies of the Union of Chambers issued under the law;
C) failure to comply with rules and guidelines on the methodology of working with national registries administered by CNARNN notary;
D) performance, repeatedly notarial acts and procedures, contrary to the legal provisions referred to the validity of notarial act or procedure in question or performance of their breach of art. 9;
E) unreasonable delay or negligence in performing;
F) unjustified absence from office, repeatedly;
G) conduct and misconduct in professional activity;
H) any event likely to affect the prestige of the profession committed while on duty or in connection with, or exercise outside the office;
I) failure to pay full maturity and professional contributions, as well as the insurance premium under the insurance contract;
J) theft or refusing to professional administrative control;
K) breach of legal obligations relating to professional secrecy;
L) the use or acceptance in any way, directly or indirectly, of unfair means of attracting customers, as defined in the Code of Ethics of notaries public;
M) carrying out activities incompatible with notary public law;
N) unjustified refusal or negligent conduct and operations provided by law for the operation of the computerized system of the Chamber and the Union;
A) failure to comply with the legal provisions on the establishment, collection and, where appropriate, transfer taxes, charges and fees;
P) failure to submit the summaries and other data required by the Chamber or Union;
Q) the unjustified refusal to draw up a notarial act outside the notary office and in duly justified cases, and outside normal working hours;
R) failing to participate in continuous training forms organized by INR at intervals determined by regulation;
S) failing to participate in forms of training, prepared in compliance with art. 76 para. (2);
T) non-compliance with the Code of Ethics of notaries public;
T) unjustified absences at general meetings and actions organized by College of the Chamber director or management bodies of the Union;
Ţ) non-compliance with art. 41 para. (3) and / or business continuity following a sanction of suspension of performance of duties;
U) unjustified refusal to perform acts and procedures distributed by Speaker of the House to which he belongs.
(1) The disciplinary action shall be exercised by the Minister of Justice, President of the College Union or director of the Chamber and judging by the Disciplinary Board of the Union.
(2) The disciplinary action shall be exercised only after preliminary investigation by inspectors from the Ministry of Justice or, where appropriate, within the Union or by the Board of Directors of the Chamber.
(3) In the preliminary investigation, citing the person concerned is mandatory, it is entitled to acquaint themselves with disciplinary investigation file and defend themselves. The failure or refusal of the investigation to defend themselves not impede completion of the research.
(4) Disciplinary Board functions as the national court or tribunal, under regulations approved by the EU Council. Disciplinary Board is composed of one representative of each Chamber, elected by the General Assembly of the Chamber. Disciplinary Council members is 4 years and starts on 1 January of the calendar year following their validation by Congress. Board members can only discipline notaries with an age of 10 years in a position of legal specialty, but not less than 5 years as a notary public.
(5) The Minister of Justice or, where appropriate, president of the College or the Chamber director, based on the outcome of the preliminary investigation, disciplinary action that makes a Disciplinary Council shall submit within 60 days of receipt of prior research result .
(6) the Disciplinary Board shall summon the parties and, if it finds that additional checks are needed, request the Minister of Justice or, where appropriate, the Chairman of the Board or Director of the Chamber disciplinary completion. Completion of the preliminary investigation shall be made within 60 days of receiving the request completion.
(7) Disciplinary action shall be settled by a reasoned decision, which shall notify the parties and the Chamber in whose district operates the investigational within 10 days of issuance.
(8) Decision making a decision on disciplinary action includes mainly the following:
A) description of the act which constitutes misbehavior and legal classification;
B) under the sanction of law;
C) the reasons for defenses that have been removed by the notary public;
D) the sanction imposed and the reasons behind the application thereof;
E) the term appeal and the judgment can be appealed;
F) the court has jurisdiction to hear the appeal.
(9) Para. (8) is filled with the Code of Civil Procedure, republished, as amended and supplemented, regarding the judgment.
(10) against the decision, notary public or disciplinary action under par holders. (1) may appeal within 15 days from notification, the Council of the Union.
(11) The appeal shall be settled by decision of the EU Council. Where disciplinary action has been exercised by the President of the College Union or the Chamber director, president of the Union or, where applicable, representatives of the Chamber in question will not participate in the Council of the dispute is resolved. Decision making a decision on the appeal may be appealed to the Court of Appeal. The appeal may be filed by a notary public or disciplinary action by the holders provided for by law, within 15 days from notice. Judgment of the Court of Appeal is final and irrevocable *).
*) According to art. 8 of Law no. 76/2012 for the implementation of Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 365 of 30 May 2012, as amended, references in normative acts in judgment "final and irrevocable" or, where appropriate, "irrevocable" will be understood as references to judgment "definitive".
(12) The decision by the notary public was disciplined, became final, shall be communicated forthwith by the Union or, where appropriate, the court specialized department of the Ministry of Justice and the Chamber in whose constituency operates notary public.
(13) Disciplinary action may be exercised within 6 months from the date of knowledge of the irregularity, but no later than 3 years after committing it.
(14) The term of limitation for promoting disciplinary action against the notary public shall be suspended if there was a criminal complaint with the object the same actions pending resolution of criminal proceedings. If after entering the disciplinary action was filed a criminal complaint with the object the same facts, the disciplinary action shall be suspended until the resolution of criminal proceedings.
(1) Verification of complaints regarding the good repute of the notaries based is done by inspectors from the Ministry of Justice or the Union, ex officio or at the request of the Minister of Justice or the President of the College Union or director of the Chamber.
(2) The inspection report drawn up following checks on the good repute shall be communicated to the public notary subject to the notification within 15 days of preparation, the formulation of objections.
(3) The inspection report referred to in para. (2) shall be filed objections with the Board of discipline within the Union. Based on the report and the objections raised, the Disciplinary Board shall decide on finding fulfillment or failure of the notary public of the condition of good repute or, if it considers that the complaints are justified, has, written and reasoned report be referred back to complement checks , mentioning explicitly the issues to be filled. Decision finding reputable failure condition includes the closure proposal quality, pursuant to art. 40 para. (1) g).
(4) Discipline Board Decision, together with the documents that formed the basis, is immediately communicated to the Minister of Justice, President of the EU Council and notary public.
(5) Resolution of discipline may be appealed to the Council of the appeal within 15 days from notice. Union Council decision can be appealed to the Administrative Litigation Division of the Court of Appeal, in the same period. The court decision is final.
(6) The final decision finding reputable failure condition is communicated to the Minister of Justice to issue cessation order of quality.
(1) Disciplinary sanctions shall be applied to the seriousness of the disciplinary offense committed and are:
A) written warning;
B) fine from RON 5,000 to RON 40,000;
C) suspension of the exercise of notary public for a period of 6 months;
D) the exclusion of the public notary profession.
(2) If the tolerances laid down in art. 73 lit. a), d), e), k), n), r) and s), the Disciplinary Board may order and order the notary public sanctioned to follow within three months from the final decision that it was penalized one form of training in INR.
(3) The definitive and irrevocable **) be enforceable.
**) See footnote to that end asterisk in art. 74 para. (11).
(4) A fine under par. (1) b) revenue for the EU budget.
Procedure notarial acts
Common provisions Section 1
(1) All notarial acts are carried out on request.
(2) Documents drawn up by the parties, their legal representatives or conventional or, where appropriate, mediation agreements will be checked on the conditions of substance and form, notary public and could bring them appropriate amendments with agreement of the parties.
(3) To authenticate a mediation agreement, the parties to the agreement shall be submitted in person or through legal representative or by proxy under a power of attorney conventional authentic for signing before a notary public and that all the conditions of substance and form provided by law.
(4) Written on notarial acts shall be drafted according to the parties' intentions as provided by law.
(5) the work of fulfillment of notarial documents, the notary public shall establish the identity, address and capacity of the parties, unless the requesting release date certain, preparation of copies or providing legal advice notary.
(1) Legal acts for which the law provides authentic form validitatem ad will be written only by public notaries.
(2) Consultations given by the notary public notary in the legal field are given written or verbal and physical or legal persons upon request or through a fixed-term contract.
(1) The notary public is obliged to unravel the legal relations between the parties on the act they want to end it, determine whether the aim which they pursue is in accordance with the law and give them the necessary advice on the effects of legal.
(2) Also, he must ask the parties, wherever applicable, supporting documents and authorizations required to conclude the act or, upon request, will be able to obtain the necessary documentation itself, having free access to any register public.
(3) The acts of which have rights to be subject to public in cases provided by law and will be communicated immediately to take place this evidence, the public notary who will do the necessary steps in name holders for the fulfillment of all advertising works.
(4) In order to fulfill its responsibilities under the provisions of par. (2) and (3) the notary public will have free access to the offices of real estate advertising and other institutions to obtain documents and information necessary to perform the procedures notary may request and obtain from the competent fiscal body of public administration local tax certificate issued in paper or electronic form.
(5) The notary public shall, in the case of older people, put them in regard to the rights provided for in art. 30 of Law no. 17/2000 on social assistance for the elderly, republished, as amended and supplemented.
(1) The law enforcement authorities shall assist notaries public, if they are prevented from exercising their functions. Also, local government authorities are obliged within their powers to grant public notaries contest called for fulfillment of notarial acts.
(2) Public and private institutions are required to provide under the law, the information they require notaries public notary in the succession procedures.
(3) In all other cases, the institutions listed in para. (2) provide information under the concluded agreements with the Union.
(1) The documents requested by the parties and acts of notary procedures shall be made in Romanian.
(2) Citizens belonging to national minorities and persons who do not speak or understand Romanian language are given the opportunity to acquaint the content of the measure through a translator or interpreter. Translator or interpreter function can be fulfilled by the notary public, if the foreign language is his native language or authorized as a translator or interpreter, or by another person authorized as an interpreter or translator, under the law, the Ministry of Justice. In all cases the document is fulfilled by authorized interpreter or translator will sign with the conclusion of the notary public.
(3) documents drawn up by the parties and presented to notary operations will be in Romanian.
(4) justified request from the parties, the notary public may perform acts in relation to documents prepared by the parties in another language than Romanian, only if the notary knows the language of the instrument are made or acts after becoming aware of their contents through an interpreter, in which case a copy translated into Romanian and signed by the person who performed the translation will be attached to the file.
(5) The documents intended to be translated into a foreign language will be edited or two columns, the first column containing the text in Romanian and in the second offer foreign language, either sequentially first text in Romanian, continuing to offer foreign language.
(1) Notarial acts are carried out, usually during public service program displayed properly.
(2) An affidavit can meet and external public notary office at the request of the interested party, lawfully competence.
(3) If the preparation of a notarial deed can not be postponed, for duly justified reasons and it will be met outside working hours, at the request of the interested party.
Fulfillment of notarial acts, apart from drafting documents and legal advice notary finding by a conclusion that will include:
A) notary office;
B) the name and number of its conclusion;
C) date of completion of the notarial act;
D) the name and surname of the notary public;
E) the place where the deed accomplished, while carrying out notary office, stating the fact that justifies the drafting of the document there;
F) the name of the parties, registered office and mention that submission in person, represented or assisted and how they found their identity, except for giving rulings definite date documents or legalized copies on documents;
G) description of the conditions of substance and form of notarial deed drawn up in relation to the nature of the act;
H) performance of the notarial act finding and reading it by the parties;
I) indication collecting the charges, taxes, fees and the amount thereof;
J) the signature of the notary public;
K) seal of the notary public office.
(1) The parties to the deed of Notary Public can be identified by the words in conclusion that they are known personally by him. If the notary public does not know the parties must proceed to verify their identity, to conclude an act or perform a notarial procedures, where appropriate, by:
A) identification documents provided by law;
B) passports, under the law;
C) assisting the lawyer certification, its identification being made under subparagraph a) or b).
(2) If the notary public has doubts about the identity of the parties and the ID is issued by the Romanian authorities will check your ID presented. In order to verify the notary public has access to the National Register for People.
(3) The mandatory elements for identifying persons are:
A) the natural person resident in Romania or Romanian: name, identification number, domicile or habitual residence;
B) for foreign individuals resident in Romania: name, nationality and habitual residence declared, if not apparent from the act under which the identity was established;
C) for a Romanian legal entity: name, registered office and unique identification code or number of special registration in associations and foundations, as applicable;
D) for foreign legal entity: name, registered office, nationality and registration number issued by the competent authority of the home;
E) the natural person authorized: name, surname, single registration tax domicile or residence specifying professional activity.
(1) If the performance of the notary refused, rejecting the conclusion will be given only if the parties continue in demand. The conclusion will include motivating refusal, the appeal court shall the term for the exercise.
(2) The completion of the notarial act can be rejected for the following reasons:
A) failure to present the required documentation or incomplete presentation thereof;
B) paying tariffs, taxes and fees established;
C) impossibility to identify the party or its lack of judgment, whether the condition resulting from the conduct of the party.
(1) Violation of the requirements of art. 83 shall be punished with cancellation if they can not be directed and produced the party harm that can not be removed other than by abolishing the act.
(2) Correction of errors and omissions are completing under Art. 87, works only if they result from the act and of notarial records or other evidence of the notary office.
Notarial acts showing obvious material errors or omissions may be directed or supplemented by terminating the public notary office upon request or agreement of the parties, if the work includes data enabling correction of errors or omissions completion. The parties' agreement is presumed if being duly summoned, fails to manifest opposition. About correction or addition made mention is made on all copies of the document.
The notary public may not perform notarial acts, under penalty of nullity if:
A) concerned or interested party in any capacity, he, her husband, their ascendants and descendants;
B) the legal representative or attorney of a party participating in the notarial procedure.
(1) authentic document is drawn notary or, where appropriate, received and authenticated by a notary public or by diplomatic missions and consular offices, in the form and conditions established by this law.
(2) Authentication document shall conform to the following procedure:
A) establish the identity of the parties under Art. 84;
B) expressing their agreement on the content of the measure;
C) signature and date of the document.
(1) To authenticate a document, a notary public verify and establish in advance the identity of the parties under art. 84.
(2) the parties may be represented by an attorney with authentication proxy genuine, unless otherwise provided by law. In this situation, the notary public must verify the notary records in the National Register of attorney and their revocation and revocation action if it rejects the authentication request.
(1) To take the consent of the parties, after reading the document, the Notary Public will ask them if they understood its contents and whether those contained in the act express their will. Externalization consent by signature materializes.
(2) For good reasons, the notary public may separately but on the same day, consent of the parties listed in the act. In this case, the authentication concluding declaration will mention the time and place of taking consent of each party.
Authentication is testament to the provisions of art. 93.
(1) The testator dictates its provisions before a notary. Notary public cares for writing the will, which then reads the testator or, where appropriate, give him to read, making specific mention about these formalities. If dispunătorul already had written his last act of will, genuine testament will be read by the public notary.
(2) After reading dispunătorul must declare that the act expresses his last will and testament: and then signed by the testator and end authentication by the notary public.
(3) lettered testator shall, by means of a written request, authentication will. The application must include, as appropriate:
A) that the will they attach to the application was written by himself, in which it will present to the notary public for editing;
B) that the testator has already written a will and testament asked to dictate the content of a notary public.
(4) The application stated that the testator will have warned the art. 1,043 par. (2) of the Civil Code, republished, as amended, under which it can be assisted in the procedure by one or two witnesses. It will also do the will mention that the content already written or to be dictated notary public, as appropriate, is his last will.
(5) If the testator presents already drafted a will, the notary public will give the necessary advice on the legality, effectiveness and consequences ultimate act of will, after which it will proceed to editing will.
(6) If the testator does not present a will drawn up, it will dictate the notary. A public notary retyping dictation testament testator.
(7) Within testament will be expressly stated that the act is the last will of the testator and that it was drafted with the conditions laid down in Art. 1044 of the Civil Code, republished, as amended.
(8) After typing will, it will be read by the notary public at the request of the testator, shall be given to reading it.
(9) After reading the testator will confirm that his last will and testament is the sign.
(10) If the testator was assisted by one or two witnesses, they will sign the will.
(11) After signing the will, the notary public to sign its end authentication.
(12) The application submitted by the testator and testament, if any, will be retained on file authentication.
(1) If the testator due to infirmity, disease or other causes, may not sign the document, a notary public will dictate the contents of the will, provide that the act of cutting his will, the notary will draw up and edit testament. In performing this procedure will be present two witnesses.
(2) If the testator declares that he can not sign or not to sign, the notary public shall make express mention in the conclusion of authentication of his statement and the cause that prevented him sign. The claim made by notary and read it along with the signatures of witnesses compensate testator testator's signature.
(3) The will be signed by witnesses.
(4) Whenever the testator shall sign the preparation and authentication will present two witnesses testament assistant-literate. Witnesses will sign the document alongside the testator and will be identified in the conclusion of authentication, noting justify their presence and that witness assistant.
(5) Witnesses must meet the conditions of the Civil Procedure Code, republished, as amended and supplemented, and by this law.
(6) Under the circumstances when the notary public statement will take deaf, dumb or deaf-mute unable to write, this is done through an interpreter, but also in the presence of two witnesses.
(7) If the blind person, the notary public will read the document before you take consent.
(8) Authentication testament to par. (1) shall be obligatory in the presence of witnesses.
(9) After dictation, notary public cares for drafting the will using appropriate legal terminology.
(1) The declaration of will of deaf, dumb or deaf-mute, literate, will be given in writing before a notary public, by writing by hand, before the signature of the words' consent to this act, which I -I read".
(2) If deaf, mute or deaf-mute are for any reason unable to write the declaration of will is taken through an interpreter.
(3) To make a blind consent, the notary public will ask if you heard better when he was read the document and whether the hearsay is his will, and recorded them in the conclusion of authentication.
(1) For those who, because of infirmity, sickness or any other cause, can not sign notary public, fulfilling the act will only consent in the presence of two witnesses assistant, supplying the formality of a signature party.
(2) Witnesses assistant will be identified and will sign the act and the conclusion of authentication shall be mentioned that these were present for the reading of the Parties or, where appropriate, by the notary public and decision consent .
(3) No person may be a witness assistant who:
A) has not reached 18 years;
B) appear in the document as a party or beneficiary;
C) because of a physical or mental deficiencies is not capable;
D) is illiterate or, for whatever reason, can not sign.
(1) Authentic notary shall be made in a single original, which is kept in the archives of the notary public.
(2) The original of the document authenticated with annexes that are an integral part of that document, signed before a notary public by the parties or their representatives and, where appropriate, of those called to approve the acts that preparers parties, witnesses assistant, when required their presence and, if appropriate, at that drafted the document, under this law.
(3) Annex which is part of the document means any document attached to the main document which details or contents of the latter and was declared as such by the parties. The documents constituting the required documentation is retained on file authentication act and not considered annexes.
(4) The parties shall receive a duplicate of the original act. The duplicate notarial act has probative value provided by law as the original act.
Conclusion finds will include authentication of a document, under penalty of cancellation, in addition to data referred to in art. 83, the following specifications:
A) finding that he got the consent of the parties;
B) finding that the document was signed before a notary for all bound to sign it. Notary public indication that a party could not sign acts as your signature to it;
C) provision conferring with authentic, which is expressed by the words: "Declare this authentic writing".
(1) authentic document notarized make full proof against any person to be declared as false, the findings made by staff who authenticated the document under the law.
(2) Represents the individual findings made by the notary's senses:
A) that the presentation of the parties and all persons participating in the authentication procedure, and their identification;
B) place and date of conclusion of the act;
C) externalization consent.
(3) The parties listed in the authentic notarized proof, until proven otherwise, both between the parties and to any other person.
A document authenticated by the notary public who finds an outstanding debt and liquid has the power of enforceable from the date of chargeability it. In the absence of enforceable document may constitute duplicate original or certified copy of the archive copy of the notary public.
(1) the notary succession procedure is initiated upon request of any interested person and the secretary of the village council in the area where the goods were deceased at the time of opening inheritance.
(2) notified the notary public is required to verify in advance the local jurisdiction, and if it finds that the succession is a matter for another notary public, dismiss, without citing parties, informing the applicant on notary competent to fulfill the succession procedure.
(3) Where a district court in the district are many notaries, power belongs to the first performance of the succession procedure before a notary public. The notary public will verify the succession procedure was not open to another notary public in the jurisdiction of the same judges, investigating for this purpose the register of succession according to the regulation.
(4) If the last domicile of the deceased is not known or is not on Romanian territory, jurisdiction lies with the former notary public before, provided that the constituency that at least one property.
(5) If the last domicile of the deceased is in Romania, and the estate not found real estate in Romania, the former notary public is competent before, provided that in his constituency to be movable .
(6) If the last domicile of the deceased is not in Romania and in real estate not found in Romania, competent notary public is the first spot. The above rules apply accordingly in the case of deceased persons whose last residence is unknown.
(7) Also, if the death certificate states only State in whose territory the deceased had last home properly apply the above provisions.
(1) The request for the opening of the succession procedure will be referred to their civil status of the deceased, name and address for presumptive heirs, the assets of the deceased, specifying their value and liabilities succession.
(2) The application shall be entered in the register of public notary succession after registering in the records kept at the Chambers inheritance.
(3) request to initiate succession procedure may be made by any of succession by inheritance or you succesibililor creditors as well as any other person who has a legitimate interest.
(1) At the request of interested persons, proceed to the inventory of succession property, as provided by law. If there is no previous application for opening the succession procedure, application inventory and demand take place the opening of this procedure.
(2) The inventory may be made by another person designated by the notary public under a power of attorney given in this regard.
(3) Where goods inheritance is different judicial districts, the notary public before inventory will request through a rogatory commission.
(4) The application inventory can be made by any heir, executor of the deceased's creditors or heirs or other person justifying an interest.
(5) When drawing up the inventory can participate successors or, where appropriate, executor, creditors and two witnesses. If the successors, executors or creditors refuse to sign the report, the witness signature is sufficient for the procedure.
(6) Upon receipt of the request for inventory clerk will announce successors about carrying inventory.
(7) If one of success or another person who is in possession of the deceased's property belongs to oppose conducting inventory clerk will prepare a report that will make mention of opposition and indicate those who insist the inventory to request the competent court to order inventory.
(8) If the court ordered inventory clerk will perform, not to take account of any opposition, and in the minutes of the inventory will mention that inventory is based judgment.
(1) After establishing that it is lawful before, because the notary public records and summon those who have a vocation to inheritance, and if there is a will, legatees and quotes the executor set.
(2) The summons must contain, under penalty of nullity thereof, in addition to the requirements of the Code of Civil Procedure, republished, as amended and supplemented, and specifying that if succesibilul not exercise its right to accept within the prescribed art. 1103 of the Civil Code, republished, as amended, shall be deemed waived his inheritance. If, as appears from the information on file, current residence of succesibilului is not known, it may proceed with the summoning to cumulatively by displaying the last domicile of the deceased, displaying the last known address of succesibilului, publishing spread in a national newspaper.
(3) If by a genuine testament to set up a legatee, cites the lack of heirs, only legatee; if the will is handwritten or mystical, it cites legal heirs. In both cases it cites executor if he has been appointed by will.
(4) in succession to be declared vacant, citing public notary public administration authority competent to take over the goods.
(5) If unable heir, quoting his legal representative and supervisory body.
(1) In inheritance proceedings the notary public establishes quality heirs and legatees, the extent of their rights and the composition of the estate.
(2) In case of a holograph will, mystical or notary public or privileged presented inventory found it open and proceed to endorsement by them unchanged. The deadline set for debate material is found his condition is compiling a report, followed by validation procedure.
(3) The minutes validation of the will is drafted by a notary public in the presence of legal succesibililor removed by will or whose rights are affected by it and who will be summoned for this purpose.
(4) The notary public will have an expert grafoscopice when:
A) remove the legacy successors, though summoned, does not appear;
B) the successors of the deceased are not aware writing;
C) denies writing the successors of the deceased, bringing evidence to this effect;
D) the deceased has no legal heirs.
(5) Where in the expert grafoscopică shows that writing does not belong to the testator, the notary public will continue the succession procedure.
(6) Based on the statement or evidence provided in the case will determine whether successors have accepted the succession within the legal timeframe.
(7) Statements of succession option enroll in a special registry (RNNEOS) provided in Art. 162.
(8) declaration made over the term of the option that says success has not mastered quality or title of heir within the period specified in Art. 1103 of the Civil Code, republished, as amended, and wishes to discontinue the succession is part RNNEOS.
(1) The success and / or, where appropriate, legatee title and number shall be established by acts of civil status by will and witnesses. The assets that comprise the succession prove by documentary or any other evidence allowed by law.
(2) succession concerning joint property of the author and inheritance of the surviving spouse, their contribution rates to the acquisition of assets and assumption agreement obligations are established by the heirs recorded in the final end or, if appropriate, in the act entered into liquidation in authentic form.
(1) succession procedure may be suspended in the following cases:
A) one year has passed since the opening of inheritance and, although they were duly summoned successors were not presented or abandoned succession procedure without requiring the issuance of the certificate of inheritance, and there is evidence that at least one of them he accepted the inheritance;
B) its successors disputed one another quality or can not agree on the composition of the estate and the extent of the rights they are entitled;
C) heirs or other interested persons submit proof that they have addressed the court to establish their rights;
D) in any other cases provided for in the Civil Procedure Code, republished, as amended and supplemented.
(2) At the end of the suspension that resulted from elements recorded debates, until the suspension of the identity of those present, their inheritance and composition option of the estate.
(3) In cases under par. (1) b) public notary established by concluding the succession, specifying the goods or rights that challenges the extent of the rights of heirs and misunderstanding reasons, directing parties to resolve disputes between them judicially.
(4) At the request of the parties, the notary public may file reopens inheritance anytime if it finds the causes termination of his suspension.
(1) Succesibilul or other interested person may refer the matter to court a succession debate.
(2) The provisions of art. 193 par. (3) of the Civil Procedure Code, republished, with subsequent amendments are applicable.
In the debate on succession, every time a reasoned notary public draw, which will include entries for completion of the procedure, the parties' submissions, the presence of witnesses and ordered measures to resolve the case.
If the notary public finds that there is no real succession, inheritance proceedings has by end closing and closes the case as pointless.
(1) In the sequence where there are goods, agreement was reached between the heirs and were given ample evidence, the notary public shall draw the final conclusion of inheritance proceedings.
(2) The final conclusion of the evidentiary value of the authentic and include the following elements:
A) header notary office;
B) the file number of cases of inheritance or debating together;
C) name and surname notarial trust;
D) date of conclusion;
E) identification of the deceased: name, identification number, last address, date of death;
F) the name, address, identification number, of those present to the deceased and how to identify them;
G) reference missing persons;
H) particulars concerning the completion of the procedure;
I) the statement of those present on the number and quality of heirs, corroborated by testimony of witnesses;
J) claims about the existence of the will, its form and the manner in which its validity was found;
K) claims about performing inventory;
L) references to the matrimonial regime of the deceased and the winding-up of the scheme;
M) the succession declared: movable, immovable property and liabilities of the succession;
N) heirs signatures attesting closing veracity of the findings, accepting the inheritance, donation requests on reporting, reducţiunea liberalities excessive achieve their agreement and issuance of the certificate of inheritance;
O) statements heirs and all the evidence in question, the notary public will determine the composition of the estate, asset value or, where applicable, the amount of payroll calculation, liabilities and net asset value;
P) indicating the legal basis for the transfer on succession of legal and / or, where appropriate, wills;
Q) indicating full name, domicile and personal identification code of each heir;
R) the quality or title under which inherit;
S) the extent of inheritance rights;
T) indications on how to determine the extent of the right of inheritance, as applicable;
T) the calculation of inheritance tax;
Ţ) set fees;
U) available on the release certificate, stating its nature.
(3) If the heirs divided their goods through good bargain, finally will show how the division and succession assets attributable to each. Act of division will be included in the final conclusion will be drawn up separately or in one of the forms prescribed by law.
If not otherwise provided by law, at the request of the legal or testamentary heirs, the notary public may proceed to liquidate liabilities of the estate, alienation or asset sharing and allocation of goods, according to the agreement heirs.
(1) Termination of succession can be made before the expiry of the acceptance of inheritance, there is no doubt that there are other persons entitled to succession.
(2) Also, the succession procedure may be terminated immediately under a will, if he fulfills the legal form, the law provides otherwise and without prejudice to the rights of heirs rezervatari or their consent. Under the same conditions, the notary public may establish rights over the assets determined by the particular legatee will.
(3) The notary public, with the consent of all heirs, may proceed reduce liberalities, up to the limits set by law.
(1) Based on the final conclusion is drawn heir or legatee certificate, which will have the same date of final completion dates and number of register succession and will include findings from closing on the estate, heirs and the number and quality their share of the estate of the deceased.
(2) Certificate of Succession will include mention of how the scope of the rights has been established successors and any statement justifying his release.
(3) Certificate of Succession make proof of heir, legal or testamentary and proof of ownership of the property from the heirs accepting the succession in which befits each share.
(4) A copy of the inheritance certificate is issued to each of the heirs or legatees, as appropriate, after payment of inheritance taxes and fees.
(5) If the executor is established, will be issued under the conditions above, a certificate executor.
(6) After suspending the succession procedure in cases provided for in art. 107 par. (1) b) and c) the certificate of inheritance is issued based on the judgment final and irrevocable *).
*) See footnote to that end asterisk in art. 74 para. (11).
(1) At the request of the heirs, the notary public may issue as heir certificate attesting number, quality and extent of the rights of all heirs, under the procedure provided for issuing the certificate of inheritance, except for provisions on succession.
(2) Quality Certificate of Succession issued under the procedure stipulated by this law to issue the certificate of inheritance, settling inheritance and quotas.
(3) Para. (1) and (2) are applicable and where to previously issued certificates of inheritance.
(1) In the absence of legal heirs or testamentary, when there are goods in succession, notary public, hearing under Art. 101, notes that the succession is vacant and holiday succession certificate issued under the law.
(2) If the succession is formed only as a concession or use on a burial / burial without special funeral clerk shall determine by closing its extinction, without issuing certificate of succession holiday.
(3) A copy of the conclusion will be communicated grantor.
(1) Following an heir certificate, another certificate may be issued only in cases stipulated by this law.
(2) With the agreement of all the heirs, the notary public may resume succession, in order to complete the final closure of the assets omitted from the succession, releasing an additional certificate of inheritance.
(3) In the situation provided in par. (2) presumed consent for issuing a certificate of heir to the heir that additional legally summoned, fails to manifest opposition.
(4) The summons will include the enumeration of goods for which the supplement heir of the estate and the right to oppose the issuance of the additional heir.
(5) The opposition will be motivated and will submit by the deadline to debate the case.
(1) Those who consider themselves aggrieved in their rights by issuing inheritance certificate may request the court to annul it and establish their rights under the law. Until its cancellation by court order, certificate of inheritance proves the quality of heir, legal or testamentary and proof of ownership of the property from the heirs accepting the succession in which befits each share.
(2) Persons provided in par. (1) can address and notary public view to an authentic stating amicable settlement of the dispute. In this situation a new certificate. This procedure does not apply on holidays succession certificate.
(3) To settle the dispute amicably by entering the notarial act or to invalidate the heir by court order, he proves the quality of heir, legal or testamentary and proof of ownership of the heirs accepting the goods in succession, in which befits each share.
(4) In case of cancellation of all or part of the inheritance certificate, notary public shall issue a new certificate based on final judgment. To this end, the courts are obliged to send competent notary public office in the settlement a copy of the judgment final and irrevocable *), notarized with the file if it was requested during the trial.
*) See footnote to that end asterisk in art. 74 para. (11).
inheritance liabilities liquidation procedure
In inheritance proceedings Notary, the Notary Public shall proceed to liquidate liabilities of the estate, with the agreement of all the heirs.
Winding-up procedure consists of:
A) recover any debts of the deceased;
B) pay all liabilities relating to inheritance or succession liabilities, whether they are deceased's debts or liabilities generated debate succession procedure;
C) execution of particular legacies;
D) recovery of movable / immovable assets of the deceased, to cover liabilities extinguishment of succession, where there is succession in asset liquidity to cover liabilities succession or if the heirs do not intend to enter into an agreement with creditors succession by which to establish amicable manner extinguishing the liability.
(1) Liquidation is done by notary public debate vested with the succession procedure or under its supervision, whenever the succession is proved a liability due.
(2) To establish liability, public notary will prepare the inventory and will require genuine heirs statements or any other evidence of the existence of the liability and the claim is certain, liquid and payable thereof will check the National Register of notarial records of individuals and creditors the opposition to carry out partition of inheritance (RNNEC) provided for in art. 162, and will receive requests for lenders to recover their debts deceased, drawing the creditors. The creditors shall be finalized within 3 months of opening the notary succession procedure, giving priority to budgetary claims.
(1) The notary public hearing the succession case will issue a certificate of succession stage preceding compulsory liquidation, which includes, besides the succession composed of active and passive heirs and their shares accruing to their agreement on liabilities liquidation mode of inheritance, appointment of the liquidator and the deadline for completion of the procedure.
(2) The public notary will take care of advertising winding succession certificate in public registers.
(1) Liquidation of inheritance liabilities will be made by one or more liquidators who will act separately or together as appropriate.
(2) In case of death or liquidator if he wished times is prevented and perform the task, it will be replaced, observing the same procedure as for his appointment.
(3) Until the appointment of a new liquidator, all operations being carried out under the procedure of liquidation of the estate by the liquidator who can no longer perform their duties will be suspended.
Liquidator who shall discharge his duties under the supervision of a notary public may be appointed:
A) of the deceased by will or by an authentic document, whether as executor or as liquidator;
B) the heirs of the deceased either of them or a third party;
C) of the court, where misunderstandings among heirs of the appointment of the liquidator or the impossibility of appointment or replacement by them.
The liquidator is entitled to remuneration determined by heirs at the time of his appointment and reimbursement of expenses incurred in the liquidation. The remuneration limit set and expenditures to the liquidator's claim is privileged over all other claims.
In exercising its powers, the liquidator performs the following procedures:
A) receivables realized succession;
B) pay the debts of the estate, using for this purpose the existing amounts in the asset inheritance, and those arising from the realization of receivables;
C) exploit movable / immovable assets of the deceased. Harnessing these goods can be done either by selling goods at public auction, by entering into acts of giving in payment of creditors of the estate, under the law.
(1) commercialization of the goods will be proposed by the liquidator of the deceased heirs, who will approve the proposal by a liquidator authentic document.
(2) the authentic heirs will approve by way of the realization of assets proposed by the liquidator of the deceased has a special mandate value.
(3) If the succession liquidator is appointed notary public with the agreement of all the heirs and the heirs agree to the sale of goods by public auction to proceed to the notary public of such goods.
Procedure for organizing a public tender in which will be used movable and immovable property of the deceased will be determined and detailed in the implementing rules of this law.
(1) The duration of the liquidation of liabilities succession may not exceed one calendar year; it may be extended by agreement of all the heirs.
(2) The notary public may request the court to replace the liquidator is unable to perform its task, neglect or do not comply.
On completion of the liquidation of liabilities of the estate, the liquidator will present a notary public with a report that will detail all operations performed in the recovery of claims and how to pay off debts succession. If the liquidator is even notary public, the report will be in the end.
After completion of the liquidation, the notary public shall issue the certificate of inheritance in succession net product will be highlighted liquidation.
Division of inheritance among heirs can be made only after the issue of inheritance certificate issued after liquidation.
Section 5 of mediation and arbitration procedure to resolve disputes branch
(1) Disputes between the notaries public about the profession, professional relationships, those between members or concerning the cooperation between the different forms of exercise of the profession are subject, prior to any other judicial, mediation or, where appropriate, to arbitration conducted the director of the College Board in whose jurisdiction they operate notaries public.
(2) disputes between notaries public in different rooms, those of notaries and Chambers of the Chambers, notaries public and the Union and the Union of Chambers and subject, prior to any other judicial, mediation or, case to arbitration made by the EU Council.
(3) The applicant shall notify the President of the College Director of Chamber or, where appropriate, Council President an application that will expose the dispute and the chosen.
(4) The application shall be communicated to the appellant, who will be invited to indicate in writing their views.
(5) The procedure for conducting arbitration or mediation will be determined by the implementing regulation of this law.
Section 6 of the certification procedure of tenders and their outcome
In order to complete the liquidation procedure inheritance liabilities, Chambers organized at the request of notary public instrument of succession file public auctions of movable and immovable property.
Way of organizing and conducting the tender will be determined by the implementing regulation of this law, in accordance with the Civil Procedure Code, republished, as amended and supplemented.
Section 7 of divorce proceedings about notary
(1) The procedure of divorce by consent of the spouses is for the notary public under the law.
(2) Before checking territorial jurisdiction, the notary public will verify if the law applicable to divorce to marriage sought to be dissolved by the application is received Romanian law.
(3) In proceedings for divorce Notary, the Notary Public adopt one of the following:
A) grant the application for divorce; In this case, the notary public shall issue decision to accept the application for divorce and certificate of divorce;
B) reject the application for divorce; In this case, the notary public issues conclusion rejecting the application for divorce.
(4) the divorce certificate will be recorded spouses divorce by agreement, the notary public, the surname that former spouses after divorce will wear them and, where appropriate, indication of parental consent relating to minors from the marriage.
Section 8 of legalization and apostille procedure notarial acts
(1) Where, for validity abroad notarial act, required signature legalization and apostille seal of the notary public or notary acts, such procedures are carried out by the Chamber at the headquarters or at its county branches in whose jurisdiction they operate public notary who handled the act, as determined by regulation. For the conclusion of legalization, notarial deed legalized by the Chamber to be legalized by the Ministry of Foreign Affairs and the diplomatic mission or consular office from Romania of the state where the document is to be used. The notary public will regard the party required to meet the requirement.
(2) Notary Offices may not consider acts done by the authorities of another state unless the signatures and seals of those authorities are legalized by the diplomatic or consular office of Romania in the state or by the Ministry of Foreign Affairs .
(3) If the international conventions to which Romania is a party provides otherwise, apply those conventions.
Section 9 Rejecting a notarial act or procedure
Conclusion to reject the procedure by which the public notary refuses motivated fulfillment of a notarial deed.
Can reject the request for the performance of both procedures and document requested by side.
Request is registered in the register on the date and the completion of rejection will carry the application number and date of the issue.
Conclusion rejection shall be drawn within 5 days of registration, or, where applicable, the date of completion of the procedure for summoning and be justified in law and in fact, specifying the period within which can be appealed and the competent court .
(1) Against the unhappy conclusion rejection may appeal within 10 days from the communication from the court within whose territorial operates notary public.
(2) The complaint was lodged at the office of the notary public who declined the request, and he will soon submit the court along with the case file.
(3) Judging complaint is summoning all stakeholders concerned. Notary public in solving the complaint has no locus standi.
If the court admits the complaint, the public notary is obliged to comply with the judgment remained irrevocable and will mention this in drafting the document. Act will be fulfilled only after payment of fees and other fees and charges.
Section 10 of summoning procedure, communication and notification in notary
Summoning the parties and service of process in notarial be made in accordance with the provisions of the Civil Procedure Code, republished, as amended and supplemented.
The summons and the notification shall be established by the implementing regulation of this law.
Other notarial procedures. Legalisation of signatures and seals
(1) The notary public can only legalize the signature of the parties to that law does not require the documents authenticated as a condition of validity of the document, the provisions of this law.
(2) For the legalization of signature parties to submit copies unsigned document.
(3) The notary public shall identify the parties will be convinced that they know the contents of the document, after which they will be asked to endorse all copies of the document before it.
(4) Finally it will show that they fulfill the essential conditions of legalization signature within the meaning of art. 83 lit. g), the following words:
A) the date (year, month, day);
B) name of the party and that her presentation in person;
C) if the notary public subscription of all copies of the document.
(5) At the request of the notary public can legalize specimen signatures of the person to be present in person at the notary's office and will sign before a notary public.
(6) legalization seal, will present the public notary, after verification, will draw the conclusion legalization.
B. Dare certain date documents
(1) A document that is to be given a definite date must be printed in the number of copies required by the party.
(2) In the end it will show that they fulfill the essential conditions for giving a certain date, according to art. 83 lit. g), the following words:
A) the date (year, month, day), and at the request of, and time;
B) the condition in which the document and its particularities;
C) the name as it appears in this document or, failing that, a name corresponding legal relationship established by that document.
C. Certification of the action
(1) The notary public certify the following facts which were personal notes:
A) that a person is alive;
B) that a person is in a particular place;
C) that person in the photo is the same person requesting certification;
D) that a person as a result of an order or notification has been submitted or not a certain day and a certain time in a certain place, and its declaration;
E) results of lotteries, raffles contests, advertising lotteries organized by entities authorized under special regulations, unless otherwise indicated, by law, the competence of other organs;
F) the certification of sites, software or other products, unless otherwise indicated, by law, the competence of other organs;
G) certification of other facts that are not the exclusive competence of other organs.
(2) In closing will mention finding time and certifying deed.
(1) certified notary public, upon request, records or any decisions of collegial bodies of associative forms, through a resolution that shall specify the time and place of the meeting and the fact of signing the minutes or judgment of by one or more of the participants.
(2) In order to certify the minutes and decisions, notary public determines their quality and identity of the signatories.
D. Legalizing copies of documents
(1) The notary public certified copies issued only original documents submitted by the parties, as were issued in their original condition, after battling copy of the original.
(2) If legalization copy of the identity papers or travel documents, the conclusion of legalization will be mentioned in order to be used copy.
(3) legalize copies of a document so entirely original and on specific parts thereof, provided they do not distort the meaning of the whole document.
(4) copy, reproduce contents before the document is given "EXTRAS" and the conclusion of legalizing it will be appropriate.
(5) The application for legalization copy will identify document, specifying the number of copies required by the party. A copy of the certified copy will be retained on file.
(6) copies certified / authenticated released from the notarial archives are valid for 6 months.
(7) Finally it will show that they fulfill the essential conditions of legalization copy, according to art. 83 lit. g), the following words:
A) copy of the document attesting the conformity presented;
B) the condition in which the document;
C) the signature of the secretary who made the collation;
D) the name as it appears in this document or, failing that, a name corresponding legal relationship established by that document.
(8) If a document is legalized under private notary office or archive, finally will make express mention in this regard.
(9) If the confrontation copy of the original document requires specialized training, a copy shall be issued only on the basis of the confrontation made by an expert appointed by the notary law. In this case, the conclusion is signed by the expert.
(10) Certified copies of archive documents issued by the notary office of the notary public shall be issued only parties, successors and assigns, and those justifying a right or legitimate interest. Photocopy of the original is archived with all the particulars and modifications to the original certified copy to the date of issue.
(11) To legalization original copy of a document drafted in another language than Romanian, that document will be translated into Romanian by a translator and interpreter. Certified copy of the original document accompanied by a translation into Romanian will be released in the number of copies requested Party. A copy of these are kept in the archives of the notary.
E. Making translations and legalization
(1) For the translation, if it is not made public notary authorized for the purpose, according to the law certified translator who prepared the translation, will sign the certification of its formula, and the clerk will legalize the translator's signature. Legalization of the translator's signature can be made after the signature specimen submitted to the notary public office.
(2) If the document is translated from Romanian into a foreign language or a foreign language to another foreign language, both certified translation and legalization of the translator's signature by the notary public will be made in the foreign language that the translation is made.
F. Receiving the filing of documents and documents
(1) Upon receipt of the deposit the goods, documents and the documents submitted by the parties and the sums of money, other property, documents or documents found during the inventory of the estate, notary public shall mention, finally, that They were met essential conditions for the receipt of the deposit within the meaning of art. 83 lit. g), the following words:
A) the date (year, month, day), and at the request of, and time;
B) identification documents or goods delivered, showing all the data required for this purpose;
C) the name of the depositor and the person must release documents or assets;
D) retention period.
(2) The notary public may appeal to a specialized company to fulfill the procedure laid down in para. (1). If the notary public will consider that it can not provide optimal conditions for carrying out that procedure, may refuse it.
G. Acts of protest of bills, checks and other securities in order
Acts of protest Preparation of bills of exchange, checks and other promissory notes is subject to conditions determined by special laws.
H. Duplicate issuing notary documents
(1) At the request of the notary public may issue a duplicate of the original document found in its archives.
(2) Throughout the duplicate reproduce verbatim the wording of the document, and at the conclusion that the original document was approved drawing. Instead original signature referred surname and first name of each signatory.
(3) The duplicate has the same probative value as the original document.
(4) The jurisdiction issue duplicates of the documents issued by the notary public or other bodies with notary activity belongs institution took their archive.
I. Reconstitution of original documents
(1) The documents disappeared without remained reconstruct an original copy on demand through the end, by agreement of the parties or, where applicable, their successors.
(2) The reconstitution is done by the notary public has been drawn up act or, if it has ceased quality, by the notary public who took to the archive or designated for this purpose by the President of the Chamber Board director. Reconstitution is summoning all parties or their successors.
(3) In the absence of agreement between reconstruct the missing documents will be made by the court in whose jurisdiction has its registered office notary who drew up the document in accordance with the provisions of the Civil Procedure Code, republished, as amended and supplemented.
(4) If the missing document was drawn up by other bodies notary activity, reconstitution is done by the court in whose jurisdiction has its registered body which drew up the act or place of residence is one of the parties, as applicable .
activity control notarial archives and records of the work
notary activity control
(1) Notarial acts are subject to judicial review under art. 157.
(2) The activity of notaries public reviewable administrative professional, under this law.
(1) Notarial acts may be challenged by any interested party or by the court for annulment in accordance with the Code of Civil Procedure, republished, as amended and supplemented.
(2) At the same time, the discontent may bring suit against the conclusion rejecting the application for which a notarial act, within 10 days from the date you became aware, at the court in whose jurisdiction has its registered office notary he refused to fulfill the act.
(3) The complaint is submitted to the notary public office who declined the request, and he will soon submit the court along with the case file.
(4) Judging complaint is summoning all stakeholders concerned. The admission of the complaint, the court decision indicates how to act drafted.
(5) The public notary is obliged to comply with the judgment final and irrevocable *).
*) See footnote to that end asterisk in art. 74 para. (11).
(1) professional administrative control is exercised by the National Union of Notaries Public by its governing council and will consider:
A) organization of Chambers of Notaries Public and notary public offices;
B) quality acts and documents signed by notaries public;
C) compliance professional legal, statutory and ethical.
(2) The Board may delegate College Union director of the Chamber to exercise control provided in par. (1) b) in his constituency.
(3) The Minister of Justice may order the control of the notaries public in general inspector.
archive and log activity
(1) Archive is owned and notary activity is preserved, conserved and is taught in the law.
(2) If the Director of College Chamber finds after checks were not met obligations under par. (1) will proceed to take over the archive to be kept and preserved under the law.
(1) The office of notary public will own archives and registry.
(2) The Secretariat will carry out the receipt, recording and sending correspondence, registration and filing of documents, record keeping and other ancillary works necessary for the proper conduct of the notary activity.
(3) The notary public shall keep records and accounting.
(1) The Chamber and its secondary offices will be archived and can hold their own and conserve archive including notary offices, as approved by the director of the Chamber Board.
(2) Archives Boards constituted under par. (1), notary offices and archives of national registries are public notary.
(3) For the issue of duplicates or certified copies of the documents in the archive, for correction of material errors or omissions filling signs, and for reconstitution of notarial acts, College Director will appoint a notary public.
(4) for issuing certified copies of the documents in the archive, College Director will appoint a legally qualified employee of the Chamber.
(5) The power issue certified copies of the documents issued by the notary public or other bodies with notary activity, it belongs institution took their archive.
(1) The Union has the following registers:
A) National Register inheritance notarial record (RNNES), where there is succession causes the Romanian citizens, foreigners or stateless last address abroad, from which the goods remained in Romania;
B) notarial National Register of evidence of liberalities (RNNEL), which records all deeds of gift, wills, their revocation and retract their revocation;
C) National Register of notarial records succession options (RNNEOS), which records all notarial acts concerning acceptance or waiver of inheritance;
D) the National Register notarial record and revocation of proxies (RNNEPR), where there is attorney / mandates given a view to concluding acts and fulfillment of notarial procedures and documents revoke them;
E) notarial National Register of matrimonial property regimes (RNNRM), in which it is used for enforceability against third parties, the matrimonial regime chosen by the spouses;
F) the National Register of notarial records of individuals and creditors opposition to performing the partition of inheritance (RNNEC) in falling to enforceability against third parties, the demands of creditors on claims they have against a person physics.
(2) The Union may set up other national registers necessary for carrying notary public notaries, respectively, applying the provisions of the Civil Code, republished, as amended.
(3) The national registers notary in para. (1) shall be kept in electronic format and on paper by the Union.
(4) transfer information between national registries and notaries public notary are kept in electronic format only electronically, electronic signature based on a qualified user.
(5) The organization and operation of registries in para. (1) lit. a) to d) and f) as well as the procedure for registration and consultation shall be established by decision of the Executive Council of the Union.
Chapter VII Transitional and Final
Provisions of this law shall be completed with the Civil Code, republished, as amended, and those of the Civil Procedure Code, republished, as amended and supplemented.
Status of the National Union of Notaries Public, normative decisions taken by Congress and Council, Romanian Notarial Institute Statute and the Statute of Notaries Public Insurance House shall be published in the Official Gazette of Romania, Part I.
Within 90 days from the date of entry into force of this Act *), notaries public are calling up Chambers of Notaries Public and the National Union of Notaries Public. ___________
*) Law no. 36/1995 was published in the Official Gazette of Romania, Part I, no. 92 of 16 May 1995.
Regulation implementing this law will be adopted by the Ministry of Justice within 60 days of the entry into force **). __________
**) See Order of the Minister of Justice no. 2333 / C / 2013 approving the regulation implementing the law on notaries public and notarial activity no. 36/1995, published in the Official Gazette of Romania, Part I, no. 479 of 1 August 2013.
(1) At the end of the period provided for in art. 165 after the entry into force of the law, the powers of movable and immovable publicity, all the work, records, registers transcriptions-inscriptions, pawn maps and land registers will pass power in the district courts which are state notaries.
(2) At the same time the names of "public notary" "notary public", "Secretariat" or "secretary", set out in regulations on advertising tasks estate and movable introduced by Decree no. 378/1960 shall be replaced by the "court", "judge", "Registrar" or "Registrar" as appropriate.
(3) In order to fulfill tasks under par. (1), the courts will take the required number of notaries public and staff with tasks such advertising, existing state notaries.
Notaries public will start working after 6 months from the entry into force of this law.
Local councils and county prefects and Ministry of Justice are required to provide public notaries, at their request, the necessary spaces for the organization and proper functioning of public services they render, hire, without a tender.
(1) Notaries public will engage with priority junior notaries, administrative and support staff on duty at the state notaries.
(2) remaining staff will be available through redeployment framed by the Ministry of Justice, in its system, according to the law.
(1) The proceedings pending before the notary notaries in the state will be completed by the takeover of the business of notaries public in accordance with the procedure established by this law.
(2) Archive state notaries outgoing will teach courts in whose territorial jurisdiction lies.
(3) Causes of succession which still have time for debate after cessation of state notaries, notary publics will teach whose offices are located in the district court in whose jurisdiction the deceased had his last home, according to criteria established College director of the Chamber.
(1) Notary Offices established under this law can organize their secondary units in settlements in the same territorial district not being taken notaries public offices.
(2) If, after setting up a secondary office in that locality establish its headquarters a notary office, secondary office is abolished.
(3) Registration secondary office is following the procedure laid down in art. 39 para. (1).
Whenever other legislation uses the expression "public notary" or "notary public" shall read "notary public office" and, where applicable, "notary public".
The time limit provided for in Art. 168, Decree no. 387/1952 regarding the pursuit of debt about notary Decree no. 40/1953 regarding the notary succession procedure, Decree no. 377/1960 on the organization and functioning of the State Notaries and the Regulation on the application of Decree no. 377/1960 on the organization and functioning of the State Notaries, approved by HCM no. 1518/1960 and any other contrary provisions are repealed.
Chambers of public notaries, their territorial districts and localities where it has its principal
Chamber of Notaries Public
The counties included in the territorial constituency
Chamber of Notaries Public
Locality where its principal
City of Targu Mures 15