Enforcement on the basis of a notarial document — the writ of enforcement
A notarial document is a direct basis for enforcement: upon the written application of the creditor or their successor, the notary issues a writ of enforcement, on the basis of which compulsory enforcement is carried out without a court decision. The application must be accompanied by the notarial document on whose basis the applicant requests the issuance of the writ. Where the necessary grounds exist, the notary issues the writ without requesting documents confirming non-performance of the obligation, which significantly simplifies the procedure.
Authorized to issue the writ of enforcement, in the defined sequence, are: the notary who certified the transaction according to notarial rules, or that notary's successor; and where that notary's authority has been suspended or terminated — another acting notary. Enforcement is allowed on the basis of the original of the writ; where the writ has been lost, the notary issues its certified copy — a duplicate — in the same sequence, and where issuance in this manner is impossible, the duplicate is issued by the Notaries Chamber of Georgia. Enforcement on the basis of a writ issued by a notary is carried out under the procedure established by the Georgian law on enforcement proceedings. Note that appealing the writ, or the notarial document for whose enforcement the writ was issued, does not suspend enforcement.
What the creditor's application must contain
The application of the creditor or their successor for the issuance of a writ of enforcement must contain the following data:
- the identity of the notary to whom the application is addressed;
- the identities or names of the parties and their representatives;
- data on the scope of the unperformed primary and additional obligations;
- an indication that the unperformed claim, for whose enforcement the writ is to be issued, is not dependent on the performance of any counter-obligation of the applicant, or that such an obligation has already been performed;
- the applicant's signature.
Registration services and the registration of civil acts
A notary is authorized to ensure the submission of an application and a registration document, electronically or in physical form, to the body maintaining the state registry, where the document certified as a result of notarial services is subject to registration. Moreover, within the scope of authority delegated by the registry body, the notary registers entries on a right, on a change in a right, or on the termination of a right — in the registry of rights to immovable property, in the registry of entrepreneurs and non-commercial legal persons, and in other registries provided for by Georgian legislation. In addition, within the delegated authority the notary registers marriages and divorces under the procedure established by the Georgian law on civil acts; upon agreement with the persons wishing to marry, the notary may perform the marriage registration in a ceremonial setting. This service saves you time and reduces the visits connected with registration.
Notarial acts abroad — diplomatic missions and consular posts
Notarial acts, apart from by notaries, may be performed abroad by duly authorized officials of the diplomatic missions and consular posts of Georgia, who are guided by the legal acts regulating the activity of those missions and posts and by the requirements of this law. They are granted the authority to perform notarial acts only where the electronic notarial registry is accessible — which means that a notarial document issued abroad is likewise recorded in the unified registry and can be verified.
Wills and powers of attorney equal to notarized documents, and the fee
The law equates with documents certified according to notarial rules the following wills and powers of attorney certified by certain officials:
- the will of a person receiving treatment in a hospital, another inpatient treatment-and-prevention institution or a sanatorium, certified by the chief physician of that institution, their deputy for the medical unit, or the duty physician; also the will of a person residing in a specialized institution for the elderly or persons with disabilities, certified by the director or chief physician of that institution; and the will and power of attorney of a serviceman or other person receiving treatment in a hospital, sanatorium or other military medical institution, certified by its head, the deputy for the medical unit, the head of the medical unit or the duty physician;
- the wills of citizens on a sea vessel flying the flag of Georgia or on an aircraft, certified by the captain of the vessel or the commander of the aircraft;
- the wills of citizens on search-and-reconnaissance and other similar expeditions, certified by the head of the expedition;
- the wills and powers of attorney of servicemen, and — at the deployment points of military units, formations, institutions and military schools where there is no notarial bureau or other body performing notarial acts — also the wills and powers of attorney of workers and employees, members of their families and members of servicemen's families, certified by the commander (head) of the unit, formation, institution or school;
- the wills and powers of attorney of persons placed in a penitentiary institution, certified by the director of that institution.
As to the fee: these officials charge a fee for performing notarial acts according to the rates determined by the resolution of the Government of Georgia on the procedure for charging the fee for notarial acts and the fee established for the Notaries Chamber of Georgia, and this fee is credited in full to the municipal budget.