Mobile Notary – Electronic Execution of Documents

By downloading the application titled “Mobil notariat” from the AppStore or Google Play platforms onto your mobile device, you may electronically execute various types of powers of attorney and notarized consents.

For any questions regarding the use of the application, please get in touch with the Main Department for the Registration and Notariat of the Ministry of Justice.

Telephone: +994 12 404-42-07; 404-42-88; 404-42-81
E-mail: contact@justice.gov.az

At the diplomatic missions and consular offices of the Republic of Azerbaijan, notarial actions are carried out by authorized officials — consuls.

The consul performs the following notarial actions:

1)Certifies transactions and powers of attorney, except for contracts concerning the alienation or pledging of immovable property located in the territory of the Republic of Azerbaijan;

2)Takes measures for the protection of inherited property;

3)Issues certificates of inheritance rights;

4)Issues certificates of ownership rights to a share in the common property of spouses;

5)Certifies the accuracy of copies of documents and extracts from documents;

6)Certifies the authenticity of signatures on documents;

7)Certifies the accuracy of translations of documents from one language into another;

8)Certifies the fact that a person is alive;

9)Certifies the fact that a person is at a particular place;

10)Certifies the identity of a person with the person depicted in a photograph;

11)Certifies the time of presentation of documents;

12)Accepts for deposit the subject of performance of an obligation, monetary sums,   securities, and wills;

13)Makes enforcement inscriptions;

14)Accepts documents for safekeeping;

15)Draws up sea protests;

16)Secures evidence.

In addition, the consul may draw up transactions, applications, and other documents, prepare copies and extracts thereof, provide consultations related to notarial actions, and request documents and information from natural and legal persons necessary for performing such actions.

The consul may not perform notarial acts in his/her own name and on his/her own behalf, in the name of his/her spouse, in the name of his/her or his/her spouse’s relatives (parents, children, grandchildren, grandparents, brothers, sisters, uncles, aunts, and their children), or in the name of persons working together with the consul.

All clerical work related to notarial activities is conducted in the state language of the Republic of Azerbaijan.

If a person applying for a notarial act does not know the language in which clerical work is conducted or requests that the act be performed in another language, where possible, the consul prepares the document in the requested language or the text is translated by a translator who provides proof of knowledge of the relevant language.

If a person does not know the language in which the document is prepared, he/she signs the document in a language known to him/her.

A notarial act is performed only after the state duty has been paid.

Basic Rules for Performing Notarial Acts at Diplomatic Missions and Consular Offices

Time Limits for Performing Notarial Actions

Notarial actions are performed on the day when all required documents are submitted, and the state duty has been paid.

If it is necessary to request additional information or documents from officials of institutions, enterprises, or organizations, or to send documents for examination to the competent authorities of the Republic of Azerbaijan, the performance of the notarial act may be postponed for a period not exceeding one month.

If information is received from the courts of the Republic of Azerbaijan that another interested person disputes the right or fact to be certified, the performance of the notarial act must be suspended until the court resolves the case.

Documents Confirming Identity

When performing notarial acts, the consul establishes the identity of applicants and their representatives based on:

• Identity card of a citizen of the Republic of Azerbaijan;
• National passport;
• Service passport;
• Diplomatic passport;
• Driver’s license (for certifying powers of attorney related to temporary use of vehicles free of charge);
• Birth certificate (for minors under 16 years of age);
• Military ID or personal certificate issued by military authorities.

The identity of seafarers is established based on an identity document. When certifying copies and extracts, identity may also be established by an official ID card, student card, or driver’s license issued by the person’s workplace or institution.

Signing of Documents

Documents subject to notarial certification are signed in the presence of the consul. If signed in advance, the signatory must personally confirm the signature.

If a person cannot sign due to physical disability, illness, or another reason, another person may sign on his/her behalf in the presence of the consul.

If the applicant is illiterate or blind, the consul must read the text aloud and make a note thereof.

If the applicant is deaf, blind, deaf-mute, or illiterate, a literate person capable of explaining the document must be present and confirm by signature that the document reflects the applicant’s will.

Requirements for Documents

1. It is prohibited to accept for the performance of notarial acts documents that contain erasures and corrections with unapproved additions, documents whose text cannot be read due to damage, or documents written in pencil.

Documents consisting of several pages are not numbered, not stitched, and not certified by the signature of an authorized official and the seal of the institution, enterprise, or organization issuing the document, such documents are also not accepted.

2. When performing notarial acts, the following must be taken into account:

• The texts of transactions and documents certified in a notarial manner must be written clearly and accurately; dates and time periods related to the text of the document must be written in words at least once, and the names of legal entities must be written in full without abbreviations, indicating the address of their bodies;

• The surname, name, and patronymic of natural persons must be written in full, and their place of residence must be indicated;

• Documents consisting of two or more separate sheets must be stitched, numbered, and certified with a seal;

• Corrections in the text of the document that are not signed by the parties shall be noted by the consul only at the end of the certification clause.

The consul has the right to request from institutions, enterprises, and organizations the information and documents necessary for the performance of notarial acts. The requested information and documents must be submitted within the period specified by the consul. This period may not exceed one month.

Issuance of Duplicate Documents

If a document certified or issued by the consul is lost, the consul shall issue a duplicate of the lost document based on a written application from the person who requested the performance of the notarial act or in respect of whom the notarial acts were performed, or from the institution, enterprise, or organization, until copies of the documents issued or certified by the consul are transferred to the state notarial archive of the Republic of Azerbaijan.

The duplicate of the document must contain the full text of the certified or issued document. A certification clause shall be made on the duplicate of the document in accordance with the prescribed form.

A duplicate of a will may be issued to the heirs indicated in the will only after a death certification of the testator is presented by the heirs. If the heirs indicated in the will have died, the duplicate of the will may be issued to their heirs after they present a certificate of the death of the testator (if such a certificate has not previously been presented) and a certificate of the death of the deceased heir. The consul may, on his own initiative or at the request of the interested persons, correct only obvious clerical or arithmetic errors that do not change the substance of the certified or issued document.

Duties of the Consul During the Performance of Notarial Acts

When performing his duties, the consul must carry out the following measures:

1. explain to natural and legal persons their rights and obligations related to the notarial acts being performed and assist in protecting their lawful interests;
2. notify them about the performance of notarial acts;
3. comply with the legislation of the Republic of Azerbaijan;
4. maintain confidentiality of the information obtained in connection with the performance of his official duties.

Registration of Notarial Actions

All notarial acts performed by the consul are recorded in the relevant notarial register:

1. the certification of the accuracy of copies of documents and extracts from documents — in the “1-S” register;
2. wills, certificates of the inheritance rights, and certificates of ownership — in the “2-V” register;
3. all contracts except for the alienation of immovable property — in the “3-M” register;
4. deposit transactions — in the “5-D” register;
5. legalization of documents — in the “6-L” register;
6. The following notarial acts are recorded in the “7-E” register:

• taking measures for the protection of inherited property;
• certification of the authenticity of signatures on documents;
• certification of the accuracy of translations of documents from one language into another language;
• certification of the fact that a person is alive
• certification of the fact that a person is in a certain place;
• certification of the identity of a person with the person depicted in a photograph;
• certification of the time of presentation of documents;
• making enforcement endorsements;
• acceptance of documents for safekeeping;
• drawing up maritime protests;
• securing evidence.

The consul issues an extract from the notarial register based on a written application from legal and natural persons who requested the performance of notarial acts or in respect of whom notarial acts were performed, as well as based on a decision of a court or an investigative or inquiry body. The consul certifies the extract from the notarial register by affixing the official coat-of-arms seal.

Refusal to Perform a Notarial Act

The consul may refuse to perform notarial acts in the following cases:

• if the performance of the notarial act contradicts the law;
• if the notarial act must be performed by another consul, notary, or authorized official;
• if a person lacking legal capacity or a representative without the necessary authority has applied for the performance of the notarial act;
• if a transaction concluded on behalf of a legal entity contradicts the purposes indicated in its charter or regulations;
• if a transaction that does not comply with the requirements of the law has been concluded;
• if the documents do not comply with the requirements of the legislation or if the documents contain information that discredits the honor and dignity of individual persons;
• if the content of the transaction does not correspond to the true intention of the parties.

At the request of the person who has received a refusal to perform a notarial act, the consul must, within three days, issue a reasoned decision on the grounds for the refusal and explain the procedure for appealing against it. A person who considers the performed notarial act or the refusal to perform a notarial act to be incorrect has the right to appeal the consul’s decision to the relevant court.

If, during the performance of a notarial act, the consul discovers that persons or individual officials have violated the legislation, he shall inform the relevant authority, organization, or prosecutor so that appropriate measures may be taken.

If the authenticity of a submitted document raises doubts, the consul must take (seize) this document and send it for examination.

Complaints regarding the consul’s actions that are not related to the substance of notarial acts (violation of the time limits for performing notarial acts, failure to comply with established reception hours, impolite behavior, and the like) are considered by the Ministry of Foreign Affairs of the Republic of Azerbaijan.

If unlawful actions of the consul cause material damage to individual persons, an organization, or the state, he shall bear material liability in accordance with the procedure provided by the legislation of the Republic of Azerbaijan. The amount of the damage caused shall be determined by agreement of the parties or through judicial procedure.

State Duty

A state duty of 20 US dollars is charged for notarial acts performed by the diplomatic missions and consulates of the Republic of Azerbaijan.

The state duty collected for performing notarial acts is transferred to the state budget.

If the consul travels outside the workplace to perform a notarial act, the actual transportation expenses must be paid by the interested person (the person who applied for the performance of the notarial act).

In accordance with the Law of the Republic of Azerbaijan “On State Duty,” the rates of state duty charged for the performance of notarial acts are as follows:

Pursuant to Article 17.4 of the 2001 Law of the Republic of Azerbaijan “On State Duty,” heirs and testators additionally pay the actual expenses related to the protection of immovable inherited property, including room rental, security, transportation, travel expenses, postal and clerical services, and other necessary costs.

When documents are accepted for safekeeping, the state duty is paid in advance based on the anticipated storage period, and any incomplete month is counted as a full month.

Exemptions from State Duty

According to Articles 11.1 and 17.1 of the 2001 Law of the Republic of Azerbaijan “On State Duty,” the following notarial acts performed in the diplomatic missions and consulates of the Republic of Azerbaijan are exempt from state duty:

• issuance documents certifying birth, death, adoption, or paternity (maternity);
• powers of attorney issued for the receipt of pensions, allowances, assistance, or alimony;
• certification of gift agreements and wills in favour of the Republic of Azerbaijan;
• protection of property remaining after the death of crew members of ships, aircraft, and other transport vehicles of the Republic of Azerbaijan, as well as property of citizens.