The Service: Appealing a Refusal as a Representation Matter
A notary's refusal to perform a notarial act is a frequent yet legally curable situation: a refusal does not always mean the matter is over. Often it suffices to correct the documentation or to challenge the decision before the appropriate forum. Within this service the Legal.ge team takes over and carries the notarial dispute: we analyse the refusal ruling, assess its legality, draft the complaint and represent your interests before the proper instance.
It is important to distinguish two situations: a refusal to perform a notarial act, and a legal dispute between persons that arises during the performance of a notarial act. The two are regulated differently and require different strategies — that distinction is the very first step of our analysis.
When the Notary May Refuse (Article 52)
Article 52 of the Law on the Notarial System enumerates the lawful grounds for refusal. The notary refuses to perform a notarial act if:
- the performance of the notarial act contradicts the legislation of Georgia;
- the documents submitted for the act do not meet the established requirements, contain information degrading the honour or dignity of persons, or contradict generally recognised standards of morality;
- the participant of the notarial act is not an authorised or capable person, or the request has been submitted in a language the notary does not know and the use of an interpreter is not possible.
This list is exhaustive: outside its bounds a refusal is not lawful. Our first task is to compare the motive of the refusal ruling with these grounds — often it turns out that the motive is formal and dissolves as soon as the documentation is corrected.
The Refusal Ruling: Form, Reasoning and Time Limit
The law imposes strict formal requirements on the refusal ruling: it must be in writing and reasoned, and it must be handed to the person who was refused within no more than 3 days of its issuance. Moreover, the notary is obliged to explain to that person the procedure and the time limit for appealing the ruling. If these requirements are breached, the ruling itself becomes a strong argument in the complaint. The specific length of the appeal period is not established by these provisions — it is determined by other legislation, which is precisely why delay is dangerous: do not let the deadline slip.
Where to Appeal: Two Routes (Articles 53 and 7)
Article 53 distinguishes two routes. A person whose interests are affected by a notarial act, or a person who was refused its performance, may appeal the act — or the ruling on the refusal — to the court, according to the location of the notarial bureau. A complaint about the notary's other activities, not covered by that provision, is examined by the Ministry of Justice or, on its instruction, by the Notaries Chamber of Georgia.
Article 7, in turn, defines the substance of the dispute: a legal dispute arising between persons during the performance of a notarial act is examined under court procedure. This means that where the conflict concerns not the notary's conduct but the content of the act, the route runs through the courts — and a litigation strategy is needed.
Evidence: Copies from the Notarial Archive
Preparing a complaint often requires copies of the documentation on the notarial act. Under the relevant position of Article 34 of the fee schedule, issuing such a copy is fixed at GEL 10 with a preparation period of 4 business days, and the possibility of expedited service is also provided for. We plan in advance which documents your complaint needs and order them in good time — reconstructing the evidentiary base later only delays the process.
Frequently Asked Questions
The questions we hear most often about notarial refusals:
Within how many days must the notary hand me the refusal ruling?
The ruling must be written and reasoned and handed to the refused person within no more than 3 days of issuance. The notary must also explain the procedure and time limit for appeal — this is the foundation of your position.
Where can I appeal a refusal?
The refusal ruling may be appealed to the court, according to the location of the notarial bureau. Complaints about the notary's other activities are examined by the Ministry of Justice or, on its instruction, by the Notaries Chamber. Choosing the right forum is half the success of a complaint.
What if the refusal is about documents?
If the refusal is justified by the documents not meeting requirements, you may re-apply for the notarial act once they are corrected. We determine whether the defect is formal or substantive and build the strategy accordingly.
Can the dispute be resolved without court?
Complaints about certain notary activities fall within the competence of the Ministry of Justice or the Notaries Chamber — an administrative route. But a dispute connected with the notarial act itself or the refusal ruling is examined through the court. We determine which route fits your case.
How We Help on Legal.ge
The Legal.ge team walks the full cycle of the notarial dispute with you: we obtain and analyse the refusal ruling; compare its motives with the grounds foreseen by law; determine the forum — court at the bureau's location, or the administrative route through the ministry or the chamber; order archive copies in good time; draft a reasoned complaint and represent your interests. A refusal is not the final answer — contact us on Legal.ge.