ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of April 13, 2009 No. 287

About approval of the Regulations on accounting treatment, preparation, storage and transfer of notarial acts in archive

According to part (3) Art. 7 of the Law No. 1453-XV of November 8, 2002 on notariate (The official monitor of the Republic of Moldova, 2002, No. 154-157, of the Art. 1209), with subsequent changes and amendments, DECIDES: the Government

1. Approve Regulations on accounting treatment, preparation, storage and transfer of notarial acts in archive it (is applied).

2. Within one year from the effective date of this Resolution notaries shall process archive of notarial activities according to the established requirements.

3. The requirements for storage of archive of notarial activities established in Chapter V of the above-stated Provision become effective since January 1, 2012.

Approved by the Order of the Government of the Republic of Moldova of April 13, 2009 No. 287

Regulations on accounting treatment, preparation, storage and transfer of notarial acts in archive

I. General provisions

1. The regulations on accounting treatment, preparation, storage and transfer of notarial acts in archive (further - the Provision) establish accounting treatment, preparation, storage and transfer of notarial acts in archive.

2. The archive of notarial activities consists of set of notarial registers, notarial acts and documents based on which they were constituted, and also other documents concerning the organization of notarial activities.

3. The notarial acts completed in clerical work are stored at the notary who made them, before the termination of its activities.

4. The notarial archive is stored in notarial bureau or in the rooms which are specially equipped for archive equipped with appropriate means of storage for the purpose of the prevention of degradation, destruction or plunder of documents.

5. Along with the termination or suspension of operations of the notary temporary document storage, before their transfer to the Public Records Office, is provided based on the order of the Minister of Justice to one of the notaries performing activities in the same territory from its prior consent and according to the terms established by the Regulations on the State archive fund approved by the Order of the Government No. 352 of May 27, 1992.

6. Notarial acts and registers with permanent storage duration are transferred to the district (municipal) Public Records Offices after 75 years.

7. The Ministry of Justice records delivery-acceptance certificates of the archive of notarial activities transferred to temporary storage.

II. Preparation and transfer of notarial acts and registers in archive

8. Notarial acts, documents based on which they were constituted and complete notarial registers are processed, drawn up and transferred to storage by the notary to own archive according to the procedure, established by this Provision.

Registration of cases includes complex of works: filling of the cases this on the first page, inclusion of documents in cases, numbering of pages and authentication of cases.

9. Notarial acts and registers are processed at the end of the accounting year according to the Standard nomenclature of notarial cases (further - the Standard nomenclature) (appendix No. 1 to this Provision).

10. Based on the Standard nomenclature each notary develops the Specific nomenclature of cases (further - the Specific nomenclature) which shall be approved with district (municipal) archive agency (appendix No. 2 to this Provision).

In case of creation of the Specific nomenclature of the Standard nomenclature only cases which were created in the course of professional activity of this notary join.

The specific nomenclature includes also other Sections if the notarial acts which are drawn up by the notary do not contain in the Standard nomenclature. If within year there is need of formation of new Sections or put, the Specific nomenclature, as well as Sections containing in it, is replenished with their names. For this purpose in each Section of the nomenclature vacant rooms (lines) are left. The storage durations of notarial acts and registers specified in the Standard nomenclature are not subject to change.

The specific nomenclature is constituted in 2 copies and after approval of district (municipal) archive agency affirms the notary. One copy of the Specific nomenclature is stored in district (municipal) archive agency, and the second - at the notary. The approved Specific nomenclature becomes effective since January 1 every year.

11. The specific nomenclature is valid within several years and is subject to repeated approval only in case of changes in structure of documents. If such changes did not happen, the Specific nomenclature at the end of every year after refining and reprint pereutverzhdatsya by the notary.

12. At the end of the accounting year the Specific nomenclature comes to the end with final record of separate number of cases with permanent storage duration, long storage duration (from 15 to 75 years), limited storage duration (up to 10 years inclusive) and the passing cases. The copy of the Specific nomenclature approved and approved with the relevant archive agency is the document of permanent storage.

13. Notarial registers, notarial acts and documents based on which they were constituted are systematized in cases according to the approved Specific nomenclature. In case of inclusion of documents in cases the following main requirements shall be observed:

1) contents of documents of which case consists shall correspond to the name of case according to the Standard nomenclature;

2) documents with permanent, long and limited storage durations are distributed in separate cases;

3) cases join the documents which collected within calendar year, the cases except for passing;

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