What a notarial act is and the force it carries
A notarial act is an action performed by a notary, in the cases provided for by law, at the request of a natural or legal person, and it has a legal consequence. A document certified according to notarial rules is given indisputable evidentiary force, which means that the facts and the terms of the transaction confirmed by such a document do not require separate proof in court. The detailed procedure for performing notarial acts is determined by a special instruction that the Minister of Justice of Georgia approves upon the proposal of the Notaries Chamber of Georgia, in the manner established by Georgian legislation. If a legal dispute arises between persons during the performance of a notarial act, that dispute is examined under judicial procedure, so where a dispute over the substance exists, the final decision rests with the court and not with the notary.
The language of a notarial act and the role of an interpreter
A notarial act is performed in the state language. If the person requesting the act is deaf or hearing-impaired, the act is performed with the participation of an interpreter who knows sign language, except in cases where legislation entitles the person to conclude a transaction without an interpreter. If the person requesting the act does not command the state language, the notary performs it with the participation of an interpreter. This guarantee ensures that you fully understand the content of the document and its legal consequences, which matters particularly in transactions involving a party who does not speak Georgian.
Which notarial acts a notary performs
A notary performs a wide range of notarial acts, which can conventionally be grouped into the following categories:
- certification of transactions — in cases established by law or by agreement of the parties;
- issuing certificates — of the right of ownership, of the right of inheritance, and of the right of ownership of a share in the common property of spouses;
- taking measures to protect inherited property;
- verifying the accuracy of a copy or an extract of a document against the original;
- verifying the authenticity of signatures on a document;
- verifying the accuracy of a document's translation from one language into another;
- certifying factual circumstances — that a citizen is alive, that a citizen is at a particular place, that a citizen is identical to the person depicted in a photograph, and the time of presenting a document;
- transmitting a person's declaration or notice to another person;
- accepting money, securities and valuables into deposit;
- issuing a writ of enforcement;
- protesting a bill of exchange;
- presenting a cheque for payment and certifying its non-payment;
- accepting documents for safekeeping;
- performing a marine protest.
Beyond this list, a notary also performs other notarial acts provided for by Georgian legislation. In connection with notarial acts the notary provides legal consultation to persons and, at their request, drafts projects of documents; the notary is also authorized to provide legal consultation that is not connected with the performance of a notarial act. A notary further has the right to make a public offer of a thing, which is carried out through an electronic auction or other electronic means; the forms of the public offer and the electronic means used for it are determined by the Minister of Justice. A notary issues a writ of enforcement on the basis of a matured claim for the recovery of a monetary debt, the transfer of a right to property, or a demand to direct compulsory enforcement against pledged or mortgaged property — provided that the parties have agreed to this and that the legal consequences of issuing the writ are explained in writing in the notarial act.
Notarial mediation — resolving a dispute with notary participation
A notary may act as a mediator between disputing parties in family legal disputes — except adoption, annulment of adoption, restriction of parental rights and deprivation of parental rights — as well as in inheritance and neighbourhood legal disputes, and in any other dispute where legislation does not prescribe a special mediation procedure. Mediation with notary participation may be conducted with the consent of the parties, and in a case provided for by law an administrative body refers the matter to notarial mediation mandatorily. The procedure for conducting notarial mediation is determined by an order of the Minister of Justice. If the dispute ends during mediation by agreement of the parties, the notary draws up an act of reconciliation, which is certified according to notarial rules. If a party fails to perform the obligation established by the reconciliation act, compulsory enforcement is carried out on the basis of a writ of enforcement issued by the notary, under the procedure established by the Georgian law on enforcement proceedings.
Where and when a notarial act is performed — timelines, deferral and suspension
A notarial act may, at a person's request, be performed by any notary, regardless of location — you are not bound to a particular bureau or territory. The act is performed after all documents necessary for it have been submitted, so verify in advance which documents must be submitted for your request.
In certain cases the performance of the act may be deferred: where additional data or documents have been requested — until they are received; where an expert examination is being conducted — until its conclusion is received; and at the request of an interested person who intends to apply to court to contest the right or the fact whose certification another person requests — in which case the notary may defer the act for a period of not more than 10 days. If, within that period, no notice has been received from the court that the interested person's application has been filed, the notary performs the act. The performance of a notarial act is suspended on the basis of a corresponding notice from the court, until the legal dispute is resolved in court.
Upon deferral or suspension the notary does not issue a document or a certificate certified according to notarial rules, and within 2 days of the deferral or suspension issues a ruling on that fact; where necessary, the ruling notes that the authority and legal capacity of the persons have been verified. Such a decision requires a corresponding basis, which must be reflected in the ruling.
Establishing identity, explaining content and the signature rules
When performing the act, the notary establishes the identity of the persons, or of their representatives, on the basis of identity documents. In a case established by law, or by agreement of the parties, the notary verifies the authority and legal capacity of the participants when certifying a transaction; where a transaction is concluded through a representative, the notary also verifies the representative's authority. The notary is entitled to request from an institution, an enterprise or an organization the documents necessary for performing the act.
The notary is obliged to explain the content of the notarial act and its legal consequences to the persons who request its performance, and to ensure that the interests of persons unfamiliar with Georgian legislation and in need of legal consultation are not harmed. This requirement matters especially in transactions with foreigners and with persons who do not know Georgian law.
The signature rules are also strictly regulated: in a case established by law, a transaction or another document is signed in the presence of the notary; if the notary is not present at the signing, the signatory must personally confirm that the signature is theirs. If the document contains an expression of the will of a participant in the act, the notary must read out the text of the document to that person before signature. To explain the content and consequences to a person who is deaf or unable to speak, the notary engages, where necessary, an appropriate specialist, who confirms by signature that the content was explained to the person and that it corresponds to their will. For a person who cannot sign a document because of illness, disability or another reason, another person signs the document at their instruction, in the presence of the official performing the notarial act and with an indication of the reason why the person cannot sign. Note also that a notary — and any other official who performs notarial acts under the law — may not perform an act in which they themselves participate, personally or through a representative, or in which their parents, spouse, children, grandchildren, grandparents, brothers, sisters or the spouse's parents participate.
Secrecy, registration, refusal and appeal
A notary must keep secret the information that becomes known to them in connection with official activity; this obligation remains in force even after dismissal from office. Information about a notarial act is issued only to the natural or legal person at whose request, or in whose regard, the act was performed, or to their representative. At the request of an investigative body or a court, the notary issues information only with respect to the criminal and civil cases pending before them. Upon a corresponding request of a tax authority, the notary submits a certificate on the value of the property that has passed into a person's ownership; however, the tax authority is prohibited from transmitting that information to other persons, including through mass media, and from publishing it in public statements before a court decision has been rendered. Every performed notarial act is entered in the electronic notarial register and receives an independent number, which is indicated in the issued documents and in the certification inscriptions — this allows you to verify the authenticity of a document against the register.
The notary refuses to perform a notarial act if:
- the performance of the act contradicts Georgian legislation;
- the documents submitted do not meet the established requirements, contain information degrading the honour and dignity of persons, or contradict generally recognized norms of morality;
- a participant in the act is not an authorized or legally capable person, or the request has been submitted in a language the notary does not command and it is impossible to engage an interpreter.
If you are a person whose interests a notarial act concerns, or a person to whom performance of the act has been refused, you may appeal the act — or the ruling on the refusal — to the court at the location of the notarial bureau. A complaint about the notary's activity that is not appealed in this way is examined by the Ministry of Justice or, on its instruction, by the Notaries Chamber of Georgia.