ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of July 28, 1998 No. 539

About approval of the Instruction about procedure for making of notarial actions by notaries in the Republic of Kazakhstan

List of amending documents

According to article 32 of the Law of the Republic of Kazakhstan "About notariate" of July 14, 1997 I order:

1. Approve the Instruction about procedure for making of notarial actions by notaries in the Republic of Kazakhstan.

2. To chiefs of territorial authorities of justice:

- organize studying of the Instruction by all notaries and provide its correct application in practical activities.

3. Due to the enforcement of this Instruction to consider invalid the Instruction about procedure for making of notarial actions of the Kazakh SSR by offices of notary public approved by the order of the Minister of Justice of the Kazakh SSR N 5 of 28.02.1975.

4. To impose control of execution of this order on Department of the organization of legal services.

 

Approved by the order of the Minister of Justice of the Republic of Kazakhstan of 28.07.98 N 539

The instruction about procedure for making of notarial actions in the Republic of Kazakhstan

Section 1

Chapter 1. General provisions

1. This Instruction establishes procedure for making of notarial actions by the notaries public and notaries who are engaged in private practice (further notaries), and also the officials of local executive bodies authorized on making of notarial actions and persons performing consular functions on behalf of the Republic of Kazakhstan when making of notarial actions by them within the competence established by the Law of the Republic of Kazakhstan "About notariate".

2. The notary makes the following notarial actions:

1) certifies transactions;

2) certifies constituent documents of economic partnerships;

3) appoints the trustee by inheritance;

4) grants certificates on the right to inheritance;

5) grants certificates on the property right to share in common property of the spouses and other persons having property on the right of common joint property;

Imposes 6) and removes property acquisition bans;

7) is witnessed by fidelity of copies of documents and statements from them;

8) witnesses authenticity of the signature on documents;

9) is witnessed by fidelity of transfer of documents from one language on another;

10) is certified by the fact of finding of the citizen in live;

11) is certified by the fact of finding of the citizen in certain place;

12) is certified by time of presentation of the document;

13) transfers statements of physical persons and legal entities to other physical persons and legal entities;

14) accepts money in the deposit;

16) makes protests of bills of exchange;

17) accepts documents and securities on storage;

18) makes ship's protests;

19) provides proofs.

3. Other notarial actions can be provided by legal acts of the Republic of Kazakhstan.

4. The notary can have assistants and trainees. The legal status and competence of the trainee of the notary is determined by the Provision "About Trainees of Notaries" approved by the Ministry of Justice of the Republic of Kazakhstan.

The legal status and competence of the assistant notary is determined by the individual employment contract.

5. The notary has personal seal with indication of the surname, name, middle name, and also the name of office of notary public (the notary public seal), or numbers and dates of issue of the license (seal of the private notary), stamps of certifying texts and personal forms.

6. The notarial clerical work is conducted according to the legislation of the Republic of Kazakhstan on languages and performed according to the Instruction about notarial clerical work approved by the Ministry of Justice of the Republic of Kazakhstan.

Section 2

Chapter 2 Basic rules of making of notarial actions

7. Notarial actions can be made by any notary in all territory of the Republic of Kazakhstan, except as specified, provided by this Instruction when according to the legislation of the Republic of Kazakhstan notarial action be made by certain notary within the territory of its activities.

8. The territory of activities of the notary is observed when making the following notarial actions:

1) appointment of the trustee inheritance;

2) to issue of the certificate on the right to inheritance;

3) to issue of the certificate on the property right to share in common property of the spouses and other persons having property on the right of common joint property;

4) the certificate of agreements on alienation and pledge of the real estate which is subject to registration;

5) it is excluded.

9. Notarial actions can be made as indoors, and out of premises of notary office or office of the notary who is engaged in private activities. If notarial action is made out of premises of notary office or office of the notary who is engaged in private activities, then in certifying text on the document and in the register for registration of notarial actions, in the electronic register of single notarial information system (further - ENIS) the place of making of notarial action with indication of its address and time registers.

At the same time entry in the electronic register of ENIS can be made after departure implementation, but no later than the present day when notarial action with departure is made.

10. Notarial actions are made in day of presentation of all of documents necessary for this purpose and payment of the state fee when making notarial actions by the notary public or payments of notarial actions of the private notary.

11. Making of notarial action can be postponed on the following bases:

1) need of reclamation of additional data from physical persons and legal entities;

2) directions of documents for examination;

3) according to the written application of the interested person disputing the right or the fact for which certificate other interested person addressed in court. At the same time the notary does on the adopted statement mark about acceptance date, identification of the applicant, and also that the procedure and circulation period in court is explained to the applicant.

12. Making of notarial action can be postponed for term no more than thirty days from the date of pronouncement of the resolution on adjournment of making of notarial action (Item 2 of article 41 of the Law of the Republic of Kazakhstan "About notariate").

In case of adjournment of making of notarial action the notary issues to the interested person the motivated resolution with indication of the adjournment reasons no later than three working days from the date of the request of person for making of notarial action in time.

13. According to the statement of the interested person notarial action can be postponed for term no more than ten days from the date of filing of application (Item 3 of article 41 of the Law of the Republic of Kazakhstan "About notariate").

If during this term the written message on receipt of the statement is not received from court, notarial action shall be made.

In case of obtaining from court of the written message on receipt of the statement of the interested person disputing the right or the fact about which certificate asks other interested person making of notarial action stops to permission of case by court (item 4 of article 41 of the Law of the Republic of Kazakhstan "About notariate").

14. The notary identifies the personality of the notarial action of the citizen, his representative or the representative of the legal entity which addressed for making.

Identification of the citizen of the Republic of Kazakhstan is made according to the passport or the identity certificate of the citizen of the Republic of Kazakhstan, the issued law-enforcement bodies or justices of the Republic of Kazakhstan.

The personality of the minor is confirmed by one of parents (adoptive parents) or the guardian based on the certificate of birth of the minor and the identity certificate or the passport of one of parents (adoptive parents), the guardian.

Besides, the minor's personality up to 14 years can be confirmed also by other legal representatives (guardians).

The personality of the military personnel is identified based on the identity certificate of the serviceman or the military ID issued by command of military units and military organizations.

The identity of the person without citizenship who is constantly living in the Republic of Kazakhstan is established according to the certificate of the stateless person with mark of law-enforcement bodies or justices of the Republic of Kazakhstan about registration at the place of residence.

The identity of the stateless person which is temporarily staying in the territory of the Republic of Kazakhstan is established according to the valid document proving his identity, issued by competent authorities of the country of its accommodation and registered in accordance with the established procedure in law-enforcement bodies or justice of the Republic of Kazakhstan.

The identity of the foreign citizen who is constantly living in the Republic of Kazakhstan is established according to the valid national passport and the residence permit in the Republic of Kazakhstan.

The identity of the foreign citizen who is temporarily staying in the territory of the Republic of Kazakhstan is established according to the valid national passport or the document replacing it registered in accordance with the established procedure.

Through ENIS in the state electronic information resources information on persons of the notarial actions which addressed for making is verified.

15. In case of the certificate of transactions and making of some other notarial actions authenticity of signatures of participants of the transactions and other persons who addressed for making of notarial actions is verified.

16. In case of the certificate of transactions capacity to act of citizens becomes clear and legal capacity of the legal entities participating in transactions at the time of making of notarial action is checked. In case of transaction by the representative its powers are checked.

Capacity to act of physical person is determined by the age specified in the identity document and also during the conversation of the notary.

17. If the notary has bases to assume that any of participants of the transaction owing to sincere disease or weak-mindedness cannot understand values of the actions or direct them, or owing to abuse of alcoholic drinks or narcotic substances puts the family in difficult financial position, and data on recognition of person incapacitated or is limited by capable is not available, the notary postpones transaction for the term of no more than thirty days from the date of pronouncement of the resolution on adjournment of making of notarial action and finds out whether there is no judgment about recognition of person incapacitated or is limited by capable. If such decision was not passed by court, the notary reports about the assumption to one of persons or one of the organizations who the Republic of Kazakhstan having the right to put according to the civil procedural legislation before court question of recognition of this person incapacitated or it is limited capable, and asks to report about the made decision. Depending on the decision made by competent persons, the notary either certifies the transaction, or stops its making before consideration of the case in court.

18. Legal capacity of the legal entity registered in the territory of the Republic of Kazakhstan is determined by the certificate on its state registration and the Charter (Provision) of the legal entity, and also through ENIS in the state electronic information resources. The transaction or other notarial action contradicting the purposes and tasks specified in the Charter (Provision) of the legal entity cannot be certified.

19. Legal capacity of the foreign legal entity registered in the territory of the Republic of Kazakhstan is determined according to Item 18 of this Instruction, and in case of registration of the legal entity outside the Republic of Kazakhstan - by the statement from the trade register or to other document, confirmatory that this legal entity is registered in accordance with the established procedure.

20. Powers of the first head of the legal entity are checked under the Charter (Provision), the registration certificate of the legal entity, the order on appointment it for position, to the protocol of meeting on election to position.

Powers of the representative of the legal entity, and also the head of branch (representation) are determined by proxy, issued by authorized body on behalf of the legal entity.

21. Powers of the representative of physical person are checked by proxy, certified in the procedure established by the legislation, or based on other documents, stipulated by the legislation.

22. Powers of parents on representation of interests of the minor children are determined by the certificate of birth of the child, power of the guardian (custodian) concerning sponsored (ward) - according to the decision of guardianship and custody bodies.

The identity of parents, the guardian (custodian) are established according to their identity certificate or the passport, and also it is verified through ENIS in the state electronic information resources.

23. The transactions certified by the notary, statements and other documents are signed by participants in the presence of the notary with putting down not only signatures, but also writing of surnames, names and middle names by them with own hand.

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