LAW OF TURKMENISTAN

of April 30, 1999 No. 355-I

About the state notariate

Section I. Organizational bases of activities of the state notariate

Chapter I. General provisions

Article 1. Concept of the state notariate

The state notariate is system of bodies and officials to whom the obligation is assigned to certify the rights, and also the facts having legal value and to make other notarial actions for the purpose of giving of legal reliability to them.

Article 2. Legislation of Turkmenistan on the state notariate

The legislation of Turkmenistan on the state notariate is based on the Constitution of Turkmenistan and consists of this Law and other regulatory legal acts of Turkmenistan.

Article 3. The bodies and officials making notarial actions

Notarial actions in Turkmenistan are made by notaries public who work in offices of notary public.

In settlements where there are no offices of notary public, notarial actions are made by officials Gengesha (арчын or the deputy of archyn).

For the citizens of Turkmenistan who are beyond its limits, the notarial actions provided by this Law are made by consular establishments of Turkmenistan.

The certificate of wills and powers of attorney, the valid notarially certified documents, can be made also by the officials specified in article 19 of this Law.

Article 4. Notary public

The citizen of Turkmenistan having the higher legal education and who passed training at the notary public can be the notary public.

The notary public has no right to be engaged in other activities, except teaching and scientific.

The notary public is appointed to position and exempted from position by the Minister of Justice of Turkmenistan.

Article 5. Notary public rights

The notary public has the right:

request the companies, organizations and the organizations of the data and the documents necessary for making of notarial actions;

constitute draft agreements and statements, to make copies of documents and statements of them, and also to make explanations and consultations concerning making of notarial actions.

Article 6. Notary public obligations

The notary public shall:

fulfill the professional duties according to this Law and the taken oath;

help citizens, the companies, organizations and the organizations with realization of their rights and protection of legitimate interests, to explain them their rights and obligations;

warn about effects of the performed notarial actions;

keep the secrecy of information known in connection with implementation of notarial actions;

provide to tax authorities of guarantee of property value for calculation of the property tax which is carrying over citizens according to the procedure of inheritance and donation;

provide in authorized state body on counteraction of legalization of income gained in the criminal way and terrorism financing necessary information according to the legislation of Turkmenistan;

refuse notarial action in case of discrepancy to the legislation of Turkmenistan and to international treaties of Turkmenistan.

Article 7. Oath of the notary public

Persons who are for the first time granted the right to be engaged in notarial activities in a festive atmosphere take the oath. The following text of the oath of the notary public affirms:

"I (surname, name, middle name) solemnly swear to carry out obligations of the notary fairly and honesty, according to the laws of Turkmenistan and conscience, to respect the rights and legitimate interests of citizens and the organizations, to keep professional secrecy, to be worthy high rank of the notary public."

Article 8. Preserving mystery of making of notarial actions

Notaries public and other officials who make notarial actions shall observe the mystery of these actions.

Data (documents) on committed notarial actions are issued only to citizens and legal entities at the request of whom or concerning which notarial actions were made.

Data on committed notarial actions are issued according to the written requirement of court, bodies of prosecutor's office, inquiry and investigation in connection with the criminal and civil cases which are in their production and consideration.

Data on wills are issued only after the death of the testator.

Obligation observe the mystery of making of notarial actions extends also to persons who knew of these actions in connection with accomplishment of service duties by them.

Persons specified in parts one and the fifth this Article who broke the mystery of committed notarial actions bear responsibility according to the legislation of Turkmenistan.

Article 9. Restrictions in the right of making of notarial actions

The notaries public, officials Gengesha making the notarial actions having no right to make notarial actions on the name and on its own behalf addressed to and on behalf of the spouses, their and close relatives and also addressed to and employees of this office of notary public or this Gengesh. Officials Gengesha have no right to make notarial actions also addressed to and on behalf of this Gengesh.

Notarial actions in the specified cases are made by any other notary office or Gengesh. In cases when according to the legislation of Turkmenistan notarial actions be made in certain notary office, the place of making of notarial action are determined according to the procedure, established by the Ministry of Justice of Turkmenistan.

Consular officials cannot make notarial actions on the name and on its own behalf, addressed to and on behalf of the spouses, their and close relatives.

The officials listed in article 19 of this Law having no right to certify wills and powers of attorney on the name and on its own behalf addressed to and on behalf of the spouses, their and close relatives.

Parents, children, grandsons, the grandfather, the grandma, brothers, sisters treat the close relatives specified in this Article.

The notarial actions made with abuse of regulations, established by this Article, are invalid.

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