When can the Notary refuse to perform the Notarial actions?

According to the RA Law about the Notariate, the notary refuse to perform actions if:

1.    the accomplishment of the notarial action is against the law, other legal norms or the charter of the organization.

2.    the presented document or the notarial action required is not subject to notarial validation or approval.

3.    according to the law, the notarial action is not subject to accomplishment by the notary

4.    an unemployed person applied with petition for notarial action or a person who does not have necessary authorization, or his/her representative who is unemployed or does not have necessary authorization, except for cases defined by law.

5.    the person who applied for a notary action is employed, but is in a condition that does not understand the significance of his actions or cannot manage them.

6.    the applicant denies to present the necessary documents defined by law or other legal acts for performing the notarial actions.

7.    the applicant does not pay the state fee necessary for the notarial actions or the fee of other services provided by the notary

8.    the notarial action should be implemented toward a person who is wanted by the decision of the court, prosecutor, investigator and a person who avoids criminal liability, or towards his/her property. The notary rejects the implementation of the application defined by the aforementioned point only if he/she received an official statement about the prosecution of the person from the authority, which made the decision about the prosecution or the Ministry of Justice.

In case of existence of bases for rejection the implementation of the notarial action the notary makes a written decision of the rejection on the requirement of the applicant. The legal ground for the rejection and the appeal procedure are mentioned in the decision. One copy of the decision of the rejection of the notarial action is given to people who applied for the implementation of notarial actions.

The notary makes the corresponding decision about the rejection of notarial actions no later than the day of the application, and in case of cancelling or annulling the notarial action – on the day of the end of its deadline.

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