200803212345立陶宛共和國公證法(英文版)

REPUBLIC OF LITHUANIA

 

LAW

ON THE NOTARIATE

15 September 1992

No. I-2882

Vilnius

as last amended on  3 April 2003

 

CHAPTER ONE

I. GENERAL PROVISIONS

 

        Article 1. Definition of the Notariate

        The notariate shall be all notaries who, under this Law, have been granted authority to give legal force to the indisputable subjective rights of natural and legal persons and to juridical facts, as well as to ensure the protection of the lawful interests of these persons and the State.

 

        Article 2. The Notary (Version of the Law of the Republic of Lithuania No. IX-1311, 23 January 2003, comes into force on 12 February 2003)

        The notary is a person authorised by the State, performing the functions set out in this Law, ensuring that there are no illegal transactions and instruments in civil legal relations.

        Notaries shall be appointed and dismissed by  the Minister of Justice of the Republic of Lithuania .

        In cases provided for by this Law and following the procedure established for notarial acts, individual notarial acts may be performed by consular officers of the Republic of Lithuania and the wardens of the municipality wards (hereinafter “the elders”).

 

        Article 3. The Right to Perform Notarial Duties (Version of the Law of the Republic of Lithuania No.IX-1311 , 23 January 2003, comes into force on 12 February 2003 and of the Law of the Republic of Lithuania No. IX-1458, 3 April 2003, comes into force 1 May 2003)

        Notaries shall be  appointed by public tender. A natural person shall be eligible to become a notary provided that he:

1) is a national of the Republic of Lithuania ;

2) has a university degree in law;

3) has been a candidate notary/assessor for at least one year and has passed the notaries’  professional examination or has a PhD or Habil. Dr degree in social sciences (Law), has a record of at least five years of teaching or research  and  has had a traineeship as a notary for at least three months or has a record of at least five years experience in the legal profession, passed the notaries’ professional examination and has had notary traineeship for at least three months. The legal profession shall be  activities specified  in the list of legal positions approved by the Government of the Republic of Lithuania . The record of  work in the legal profession shall commence  from the moment a person  acquired the appropriate  qualification in the legal profession and began  to practice in the legal profession. The regulations of notaries’ professional examination and the procedure of notaries’ traineeship  shall be approved by the Minister of Justice of the Republic of Lithuania ;

4) is a person of impeccable integrity;

5) is not older than 65;

6) has won public tender for a position of a notary. Persons not older than 65 shall be eligible to take part in public tender for a position of a notary. The regulations of  public tender for a position of a notary shall be subject to the approval of the Minister of Justice of the Republic of Lithuania ;

*7) has no health problems which might prevent the person from performing the duties of a notary. Health checks during the performance or a notary’s duties shall also be  obligatory every five years. The  requirements for a notary’s health and the procedure of health checks shall be determined by the Ministry of Health of the Republic of Lithuania and the Ministry of Justice of the Republic of Lithuania .

A person shall not be eligible to act as notary if he has served as a staff member of the USSR State Security Committee (NKVD, NKGB, MGB and KGB) in respect of whom restrictions apply under the Law on the Assessment of the USSR State Security Committee (NKVD, NKGB, MGB and KGB) and the Present Activities of the Staff Members of This Organisation.

A person may not be held of impeccable integrity and may not be appointed a notary  if he:

1) has been convicted for a grave or a very grave crime despite the fact that his conviction has expired or he has been convicted for any other criminal act  and the conviction has not yet expired;

* Note of the Legal Information Centre (TIC): under subparagraph 7, paragraph 2, Article 3 of the Law of the Republic of Lithuania on the Notariate (version of the Law No IX-1311,  23 January 2003, entry into force from 12 February 2003) notaries must have the first health check by 1 April 2003. After this date only notaries who have had their health check may act as notaries.

 

2) has been removed or dismissed from office as a judge, prosecutor, a lawyer, a notary, a notary’s attorney, a court bailiff or a bailiff for professional misconduct or misconduct in office or has been  removed or dismissed from office in the public service after a court  judgment  for  his  criminal act against the public service or public interests has become effective and five years after the dismissal have not yet passed;  

3) abuses psychotropic, narcotic, toxic substances or alcohol;

4) does not meet the requirements of the Notaries’ Code of Conduct/Ethics of the Republic of Lithuania .

 

Article 4. Professional Advancement of Notaries and Performance Evaluation (version of Law on the Notariate No VIII-737, 14 May 1998, entry into force on 1 July 1998)

A notary must continuously improve his qualifications. In-service training of notaries shall be organized by the Chamber of Notaries and shall be coordinated by the Ministry of Justice of the Republic of Lithuania . The regulations of notaries’ in-service training shall be approved by the Minister of Justice of the Republic of Lithuania on the recommendation of the Chamber of Notaries.

Performance evaluation of notaries shall be held on a periodic basis by the Chamber of Notaries.

The regulations of the performance evaluation of notaries shall be approved by the Minister of Justice of the Republic of Lithuania on the recommendation of the Chamber of Notaries. If the Minister of Justice of the Republic of Lithuania refuses to approve the regulations of the performance evaluation of notaries he shall submit a motivated refusal in writing which must be taken into account by the Presidium of the Chamber of Notaries.

 

Article 5.  Notary’s Oath

A person who has been appointed a notary, before assuming his duties, shall swear an oath which shall be administered by the Minister of Justice of the Republic of Lithuania .

The text of the oath shall be as follows:

“ I, notary  (first name, last name), do solemnly swear to be faithful to the Republic of Lithuania , to abide by its Constitution and laws, always to be honest and perform the duties of a notary conscientiously. So help me God. “

An oath may be made without the last sentence.

The notary shall sign the text of the oath which shall be kept in the personal file of the notary.

A person who has been appointed a notary but who has not sworn an oath may not perform the duties of a notary.

 

Article 6. The Number of Notaries, Their Offices and the Territory of Their  Jurisdiction   (version of the Law of the Republic of Lithuania , No IX-1311, 23 January 2003, entry into force 12 February 2003)

The number of notaries, their offices and the territory of their jurisdiction shall be determined by the Minister of Justice of the Republic of Lithuania in accordance with the methodology of assessment of the needs for the provision of services to the population by the notaries approved by himself.

The notary’s office shall be his work place. The notary’s office shall not be an entity of civil legal relations, including commercial economic activities. Notaries’ offices shall be established by order of the Minister of Justice of the Republic of Lithuania . One notary may have one notary’s office.  Two or more notaries performing their duties in the same municipality   may have one a joint notaries’ office.  Notaries shall conclude a contract on the organization of their joint work and activities. Each notary working at a joint notaries’ office shall perform notarial acts on his own behalf and shall bear personal responsibility for the performance of his duties.

The requirements for the functioning of  notaries’ offices and their working time shall be  determined by the Minister of Justice of the Republic of Lithuania , having regard to the fact that a notary’s office has to have facilities for providing adequate services to the population and ensuring  confidentiality of the notarial acts.

 

Article 61. Appointment, Transfer  of a Notary, Commencement of the Notary’s Duties  (Version of the Law of the Republic of Lithuania No. IX-1311, 23 January 2003, entry into force on 12 February 2003)

A person who has won public tender to perform the duties of a notary shall file, within one year after the closure of public tender for notaries, an application to the Minister of Justice of the Republic of Lithuania to appoint him a notary. The appointment of a notary and the commencement of the performance of notarial duties shall be executed by orders of the Minister of Justice of the Republic of Lithuania . A notary shall be appointed to perform notarial duties in a individual municipality.

A notary may be transferred by an order of the Minister of Justice of the Republic of Lithuania from one municipality to another if he won public tender referred to in Article 3 of this Law to perform notarial duties.  The cases and procedure for the transfer of a notary other than by public tender shall be determined by the Minister of Justice of the Republic of Lithuania having regard to the opinion of the Presidium of the Chamber of Notaries. A notary shall be transferred to perform notarial duties from one municipality to another  if the provision of notarial services at the municipality from which he is transferred has adequate.

A notary must file to the Minister of Justice of the Republic of Lithuania an application and documents necessary for setting up a notary’s office and the performance of notarial duties within three months after his appointment a notary.

Notarial acts may be performed only by a notary covered by compulsory professional civil liability insurance of notaries. Before he commences to perform his duties, a notary must  deposit with the Ministry of Justice of the Republic of Lithuania specimens of his seal and signature. In the event of a change of the notary’s seal or his signature, the notary must  deposit   without delay with the Ministry of Justice of the Republic of Lithuania a specimen of  his new seal or signature.

 

Article 62. Compulsory Professional Civil Liability Insurance of Notaries (version of the Law of the Republic of Lithuania No. IX-1311, 23 January 2003, entry into force on July 1, 2003 )

Notaries shall be covered by compulsory insurance in excess of Litas 1,000 against professional civil liability for damage caused by them to natural or legal persons in the carrying out of their notarial functions.

The subject matter of compulsory professional civil liability insurance of notaries shall be civil liability of notaries, their attorneys and the staff of the notary’s offices for damage caused  through their fault by their acts when discharging their professional activities.

Compulsory professional civil liability insurance of notaries shall be effected by an insurance contract of professional civil liability of notaries. Under the contract of compulsory professional civil liability insurance of notaries, the Chamber of Notaries shall be the insured. The minimum amount of the premium under the contract of compulsory professional civil liability insurance of  notaries shall be Litas 100, 000 per notary for every risk event. After the insurer pays an insurance benefit when a risk event occurs, the insurance obligation  remains in force for the whole amount of insurance, without deducting from it the insurance benefits paid.

A notary may take out an additional policy for compulsory professional civil liability insurance of notaries against damage caused to natural and legal persons during the discharge of his notarial activities.

* The maximum amount of the premium under the policy of compulsory professional civil liability insurance of notaries for damage caused to natural and legal persons during the discharge of their notarial duties shall be determined by the Government of the Republic of Lithuania or an institution authorized by it.

   The Chamber of Notaries must submit to the Ministry of Justice of the Republic of Lithuania a copy of  the policy of compulsory professional civil liability insurance of notaries within ten days after the date of taking out an insurance policy. 

The insurer having an authorization issued by the State Insurance Supervisory Authority under the Ministry of Finance to provide compulsory professional civil liability insurance of notaries must conclude a contract  with the Chamber of Notaries on compulsory professional civil liability insurance of notaries following the filing of their application and all the necessary documents for concluding such a contract. The regulations of compulsory professional civil liability insurance of notaries shall be approved by the Government or an institution authorized by it.

Damage caused through the fault of notaries, their attorneys or employees of their office when performing their  professional notarial activities shall be compensated by the insurer, paying out an insurance benefit not in excess of the premium. If the insurance benefit is not sufficient for the full compensation of damage, the notary who caused damage shall pay the  difference between the insurance benefit and the actual amount of damage.

* Note of the Legal Information Centre (TIC): paragraph 5 of Article 62 shall be in force until Lithuania becomes a member of the European Union.

 

Article 7.  Official  Supervision of the Activities of Notaries and Their Self-Governing Bodies (version of the Law of the Republic of Lithuania No. IX-778 of 12 March 2002, entry into force on 27 March 2002 and of the Law of the Republic of Lithuania No. IX-1311 of 23 January 2003, entry into force on 12 February 2003)

        Official supervision of the activities of notaries and their self-governing bodies shall be carried out by persons appointed by the Minister of Justice of the Republic of Lithuania .

        The Ministry of Justice of the Republic of Lithuania shall analyse the statistics of notarial acts and the earnings of the notaries for notarial acts performed and shall conduct  supervision of notarial activities provided by this Article. Supervision of notarial activities shall be conducted  in accordance with the procedure established by the Minister of Justice of the Republic of Lithuania . The persons appointed by the Minister of Justice of the Republic of Lithuania  shall monitor compliance of the notaries with the requirements for  notaries’ offices  and the working time of notaries, how they serve their clients, comply with the regulations of the notarial register and completion of the forms of attestations and notarial certifications, how they draw up, keep,  store and use documents recorded in the course of their activities. Supervision of notarial activities shall not include supervision of the legality of the notarial acts performed by notaries.

        Persons appointed by the Minister of Justice of the Republic of Lithuania , when carrying out official supervision  of  the activities of notaries, shall have the right to request an explanation from the notaries about violations and shortcomings relating to the professional activities of notaries  referred to in paragraph 2 of this Article.

         Supervision of the self-governing bodies of notaries shall be carried out in accordance with the procedure provided for in Article 11 of this Law.

 

        Article 71. Taking  Disciplinary Action against a Notary (version of the Law of the Republic of Lithuania No. VIII-737 of 14 May 1998 (entry into force on 1 July 1998) and of the Law of the Republic of Lithuania No. IX-778 of 12 March 2002, entry into force on 27 March 2002)   

         The Minister of Justice of the Republic of Lithuania or the Presidium of the Chamber of Notaries shall have the right to take disciplinary action a notary for breaches of the Law of the Republic of Lithuania on the Notariate, the legal acts approved by the Minister of Justice of the Republic of Lithuania and the Notaries’ Code of Conduct/Ethics of the Republic of Lithuania.

 

        Article 8. The Chamber of Notaries. The Procedure of Adoption of Its Statute

(version of the Law of the Republic of Lithuania No. VIII-737 of 14 May 1998 (entry into force on 1 July 1998)

         The notaries of the Republic of Lithuania shall be united into the Chamber of Notaries with its head office in Vilnius .

Each notary shall be a member of the Chamber of Notaries.

       The Chamber of Notaries shall be a legal person.

        The Statute of the Chamber of Notaries shall be  adopted by a meeting of the Chamber of Notaries and shall be approved by the Minister of Justice of the Republic of Lithuania .

 

Article 9. Tasks of the Chamber of Notaries (version of the Law of the Republic of Lithuania No.IX-1311 of 23 January 2003, entry into force on 12 February 2003)

The major tasks of the Chamber of Notaries shall be as follows:

1)  co-ordination of the activities of the notaries;

2)  taking care of the professional advancement of notaries;

3) protection and  representation of the interests of the notaries at the institutions of state governance and administration;

4)  designing draft regulatory acts on the issues relating to the notariate and their submission to the Ministry of Justice of the Republic of Lithuania ;

5) uniformity of notarial practice;

6) supervision of how notaries perform their functions and comply with the requirements of professional ethics;

7)  ensuring preservation and use of the instruments drawn up in the practice of the notarial profession;

8) ensuring  notarial traineeship;

9) carrying out other tasks provided for in the Statute of the Chamber of Notaries.

 

Article 10. The Functions of the Chamber of Notaries (version of the Law of the Republic of Lithuania No.IX-1311 of 23 January 2003, entry into force on 12 February 2003)

When performing its tasks, the Chamber of Notaries :

1) shall monitor conscientious performance of the duties by the notaries;

2) shall organize courses and seminars for the training of notaries;

        3) shall make proposals relating to the issues of notaries’ activities to the higher standing institutions;

        4) shall allocate funds for the needs of the training of notaries;

        5) shall conclude, following the established procedure, contracts of notaries’ insurance  against a potential claim for damage caused to natural persons or legal persons committed during  the performance of notarial acts;

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          Version of paragraph 5 from 1 July 2003:

        5) shall cover notaries, following the established procedure, by compulsory professional civil liability. The premium for compulsory insurance of notaries against professional civil liability against  damage caused to natural or legal persons during the performance of their professional practice  shall  be made up of the premiums paid by the notaries covered by the insurance. These premiums shall not be included into the fee paid by the notaries  to the Chamber of Notaries  provided for in paragraph 2 of this Article;

        6) may request the notaries to communicate information about the notarial acts performed;

        7)  shall take measures to ensure uniformity of the notarial practice;

        8)  shall supervise the organization of the work of notaries’ offices and  compliance with the requirements of professional ethics;

        9)  supervise keeping and preservation by the notaries of the instruments drawn up during the practice of notarial  profession;

        10) organize traineeship for the notaries;

        11) perform other functions provided for in the Statute of the Chamber o Notaries.

         Notaries shall be charged a fee determined by a meeting of the Chamber of Notaries  to contribute to the carrying out of the functions of the Chamber of Notaries.

 

        Article 101 The Notaries’ Court of Honour  (version of the Law of the Republic of Lithuania No. VIII-737 of 14 May 1998 (entry into force on 1 July 1998)

On the basis of the Regulations of the Notaries’ Court of Honour which are approved by the Minister of Justice of the Republic of  Lithuania , the Notaries’ Court of Honour shall  review cases  of breaches of notaries’ professional ethics and misconduct.

        The Notaries’ Court of Honour shall be composed of five members two of whom shall be elected at a meeting of the Chamber of Notaries, two shall be appointed by the Minister of Justice of the Republic of Lithuania , and one – by the Chairman of the Supreme Court of Lithuania.

                The term of office of the Notaries’ Court of Honour shall be three years.

        The Notaries’ Court of Honour may function when more than one half of all its members have been elected or appointed.

       

Article 102 Imposition of a Sanction upon a Notary (version of the Law of the Republic of Lithuania No. VIII-737, 14 May 1998 (entry into force on 1 July 1998)

Having reviewed a disciplinary action against a notary, the Notaries’ Court of Honour may:

1)      acquit him;

2)      limit itself to the review  of a disciplinary action;

3)      dismiss a disciplinary action  because of lapse of time;

4)      order the notary to make a public apology to the person who sustained damage or   to the employees of the notary’s  office;

5)      make a censure;

6) issue a reprimand;

7) issue a severe reprimand;

8) prohibit professional practice for up to three months;

9) advise the Minister of Justice of the Republic of Lithuania to dismiss the notary from office.

Within 14 days after the service of the decision of the Notaries’ Court of Honour it may be appealed against to a regional court.

 

Article 11. Relations between the Chamber of Notaries and the Ministry of Justice of the Republic of Lithuania (version of the Law of the Republic of Lithuania No. VIII-737, 14 May 1998, entry into force on 1 July 1998,  and the Law of the Republic of Lithuania No.IX-1311 of 23 January 2003, entry into force on 12 February 2003)

Each year by 1 April, the Chamber of Notaries shall submit to the Ministry of Justice of the Republic of Lithuania a detailed annual report about its activities as well as an outlook  and guidelines for the activities of the notariate for the current year. The Ministry of Justice shall have the right to request that the Chamber of Notaries submit an outlook and guidelines for the activities of the notariate for three or more coming years.

The regulatory acts provided for in this Law shall be approved by the Minister of Justice of the Republic of Lithuania having regard to the opinion of the Presidium of the Chamber of Notaries.

When the Minister of Justice of the Republic of Lithuania is of the opinion that  resolutions or decisions of the Chamber of Notaries contravene the laws of the Republic of Lithuania he may file an appeal with the Vilnius Regional Court  for the reversal of those resolutions or decisions. Such an appeal must be filed within one month after the receipt of a resolution or a decision that has been appealed.

 

Article 12. Independence of Notaries

 Notaries shall exercise their authority irrespective of the influence of the state government  and administrative institutions and shall obey only the law.

 

Article 13. Legal Grounds for Carrying out Notarial Acts (version of the Law of the Republic of Lithuania No.IX-1311 of 23 January 2003, entry into force on 12 February 2003)

In their activities the notaries shall  be governed by the Constitution of the Republic of Lithuania, this Law and other laws of the Republic of Lithuania, the resolutions of the Government of the Republic of Lithuania, legal acts of the Minister of Justice of the Republic of Lithuania and resolutions and other legal acts of the Chamber of Notaries.

 

Article 14. Securing Confidentiality of Notarial Acts (version of the Law of the Republic of Lithuania No. I-1470 of 11 July 1996, the Law of the Republic of Lithuania No. VIII-302 of 26 June 1997, the Law of the Republic of Lithuania  No. VIII-737 of 14 May 1998, entry into force on 1 July 1998 and the Law of the Republic of Lithuania No. 1458 of 3 April 2003, entry into force on 1 May 2003)

The notaries must ensure confidentiality of notarial acts.

Certificates about notarial acts and documents shall be issued to legal and natural persons under whose direction notarial acts were performed or who themselves were parties to the acts or to the representatives of those persons.

Certificates about notarial acts and documents shall be issued at the request of a judge, a prosecutor or a pre-trial investigation  officer because of criminal and civil  cases pending before these officers as well as in other cases provided for by the laws of the Republic of Lithuania .

Certificates about wills shall be issued only in the event of the  testator’s death.

Regulations of confidentiality of notarial acts shall also apply equally to the persons who have finished notarial professional practice and to the persons who learnt about notarial acts while holding office.

Parties to a transaction, their legal successors and their legal representatives may  excuse the notary from the duty to maintain confidentiality of notarial acts. Where one of the parties is dead, the Minister of Justice of the Republic of Lithuania may excuse a notary from maintaining confidentiality.

 

Article 15. The Language of the Notary’s Clerical Work (version of the Law of the Republic of Lithuania No. I-960 of 20 June 1995, entry into force 28 June 1995)

All papers of a notary shall be done in the state language. Transactions with the natural and legal persons of foreign states shall be made in the state language or any other language   acceptable to both parties.

 

Article 151. Archive of the Deeds Executed during the Professional Practice of a Notary (version of the Law of the Republic of Lithuania No.IX-1311 of 23 January 2003, entry into force on 12 February 2003)

The archive of the deeds executed by a notary in the course of his professional practice  shall be a part of the holdings of the archives of Lithuania .

The archive of the deeds executed in the course of the notary’s professional  practice shall be stored on the premises of the notary’s office unless it has been transferred to the archive referred to in paragraph 3 of this Article. The notary shall be responsible for keeping, storing and use of the deeds executed during his professional practice. Upon the expiry of the notary’s authority or upon its suspension, storing and use of the deeds executed during his professional practice shall become the responsibility of the Chamber of Notaries.

The archive of the deeds executed during the notary’s professional practice may be stored at the records office of the Chamber of Notaries.

The procedure for  keeping, storing and transfer of the deeds executed in the course of the notary’s professional practice shall be determined by the Minister of Justice of the Republic of Lithuania with the approval of the Department of the Archives of Lithuania under the Government of the Republic of Lithuania.

 

Article 16. Notary’s Liability (version of the Law of the Republic of Lithuania No. VIII-737, of 14 May 1998, entry into force on 1 July 1998)

 A notary shall be held liable for damage resulting, through his fault, from notarial actions in accordance with the procedure laid down in the Civil Code of the Republic of Lithuania . A notary must compensate all damage caused by him or the employees of his office in the course of their professional duties. Natural and legal persons must also be compensated for all damage by a notary whose authority has expired if an action for damages has been brought within the time limits laid down in the Civil Code of the Republic of Lithuania . In the cases specified in this part an action shall be taken against the notary.

A notary shall be held liable as a public servant for the commission, in the course of carrying out notarial acts, of breaches of legal acts which incur criminal or administrative liability.

 

Version of Article 16 from 1 July 2003:

Article 16.  Notary’s Liability (version of the Law of the Republic of Lithuania No. VIII-737 of 14 May 1998, entry into force on 1 July 1998 and the Law of the Republic of Lithuania No. IX-1311 of 23 January 2003, entry into force on 1 July 2003)

A notary shall be held liable in accordance with the procedure laid down in the Civil Code of the Republic of Lithuania and this Law for damage caused to natural and legal persons  through his own fault or the fault of the employees of his office in the course of carrying out his professional activities.

A notary shall be held liable as a public servant for the commission, in the course of carrying out notarial acts, of breaches of legal acts which incur criminal or administrative liability.

 

Article 17.  Notary’s Seal  (version of the Law of the Republic of Lithuania No. IX-1311 of 23 January 2003, entry into force on 12 February 2003)

A notary shall have a seal bearing the name of the State of Lithuania, its national emblem and his own name.  The procedure for keeping, accounting for and destruction of the notary’s seal shall be determined by the Government of the Republic of Lithuania or an institution authorised by it.

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* Note of the Legal Information Centre (TIC): the requirements  for the notary’s seal set out  in Article 17 of this Law (the Law of the Republic of Lithuania No. IX-1311 of 23 January 2003, entry into force on 12 February 2003) shall not apply to the seals used by the notaries  before entry of Law No. IX-1311 into force.

 

Article 18. Use of State Symbols

The notary shall have the right to use the national emblem of the State of Lithuania on his forms and his office sign.

 

Article 19.  Notary’s Earnings (version of the Law of the Republic of Lithuania No. VIII-737 of 14 May 1998, entry into force on 1 July 1998)

For the performance of a notarial act, preparation of draft transactions, consultations and technical assistance a notary shall charge a fee in the amount/rate to be determined by the Ministry of Justice of the Republic of Lithuania with the approval of the Ministry of Finance off the Republic of Lithuania . The amount of the remuneration must guarantee the earnings of a notary enabling him to be economically independent, providing adequate service to his clients, hire the employees he needs and have good technical facilities at his office.

 A notary, having regard to the  financial position of his client, may  excuse him in full or in part from the need to pay the fee.

The rate of the fee shall be specified in the notarial register and in the instrument  attested by the notary.

 The procedure of execution of financial transactions shall be determined by the Ministry of Finance of the Republic of Lithuania . The notarial actions performed for economic entities shall be executed in special accounting documents  according to the procedure prescribed by laws.

 

Article 20. Restrictions on Notarial Activities  (version  of the Law of the Republic of Lithuania No. IX-1311 of 23 January 2003, entry into force on 12 February 2003)

A notary shall be free to take part in the activities of the notaries’ self-governing and other elective institutions. While performing his professional duties, a notary may at the same time hold an elective post at the notaries’ self-governing institutions. Where a notary holds an elective post at other institutions, his authority shall be suspended in accordance with the procedure set out in Article 221  of this Law.

A notary may not receive any remuneration other than a notary’s remuneration, a compensation for work at the Chamber of Notaries and a pay for teaching or creative work. This provision shall not apply in the event of suspension of a notary’s authority.

 

Article 201 . Prohibition of Advertising (version of the Law of the Republic of Lithuania No. VIII-737 of 14 May 1998, entry into force on 1 July 1998)

 A notary shall be prohibited from advertising directly or indirectly his professional activities.

The prohibition referred to in paragraph 1 of this Article shall not apply to the information about a notary and his office appearing in information bulletins (telephone directories, catalogues of enterprises), official forms and business cards.

The Minister of Justice of the Republic of Lithuania shall set a uniform format of signs for all notaries’ offices.

 

Article 21. Organisation of the Work at a Notary’s Office

A notary shall be self-reliant and economically independent.

A notary shall, at his own discretion, hire employees he needs at his office and pay their salaries.

A notary shall buy or rent the premises for his office, buy all the necessary furnishings and other materials.

 

Article 22. Notary’s  Attorney and Acting Notary  (version  of the Law of the Republic of Lithuania No. IX-1311 of 23 January 2003, entry into force on 12 February 2003)

When a notary is not able to perform his professional duties through bad health, a leave or other cause, an attorney of a notary or another notary acting for him shall be appointed following the procedure set out in this Article.

 A notary who is not able to perform his professional duties for a period longer than  three days through illness, a leave or other cause, must  give a notice about that to the Ministry of Justice of the Republic of Lithuania and the Chamber of Notaries. If a notary is not able to perform his professional duties for predictable reasons he must give a notice about that to the Ministry of Justice of the Republic of Lithuania and the Chamber of Notaries prior to the commencement of his leave or any other leave of absence. Where a notary failed to perform his professional duties for a period of three days without giving any notice about that to the Ministry of Justice of the Republic of Lithuania and the Chamber of Notaries, he must communicate to the foregoing institutions at their request the reasons which prevented him from the performance of his professional duties.

A notary’s attorney may be a person who meets the requirements set out in subparagraphs 1, 2, 3, 4 and 5 of  paragraph 2, Article 3 of this Law. A former notary whose authority has expired  under subparagraph 8, paragraph 1, Article 23, may also be appointed a notary’s attorney but for a period not longer than until he reaches the age of 70 . A notary’s attorney shall be appointed at the request of the notary and the person who agrees to act as the notary’s attorney. If the notary who is not able to perform his professional duties does not request that his attorney be appointed, the Minister of Justice of the Republic of Lithuania, having regard to the opinion of the Presidium of the Chamber of Notaries, shall have the right to appoint the notary’s attorney at his own discretion where it is necessary to ensure the functioning of the office of a notary who is not able to perform his professional duties.        

Appointment of a notary’s attorney shall be executed by an order of the Minister of Justice of the Republic of Lithuania by specifying the period for which the appointee shall act s a notary’s attorney or the circumstances under which the appointee shall act as a notary’s attorney. In the latter case, the notary’s attorney shall be appointed for a period of one year.

A person may be appointed to act as an attorney of only one notary. A person may act as a notary’s attorney provided that he has been appointed a notary’s attorney and has sworn an oath following the procedure set out in Article 5 of this Law.  If a person had already sworn a notary’s oath prior to his appointment to act as a notary’s attorney following the procedure set out in this Law, he shall not have to swear a new oath.  The notary may not perform any notarial acts during the period of attorneyship. 

Prior to the commencement of the notarial duties by a notary’s attorney, the notary  shall conclude a contract with the attorney on his remuneration and the organisation of the work of the notary’s office.  Where the notary’s attorney is appointed at the discretion of the Minister of Justice, the contract specified in this paragraph shall be concluded with the attorney, prior to the performance of  his  duties, by the Chamber of Notaries.  

A notary’s attorney shall be dismissed from his position by an order of the Minister of Justice:

1) upon the conclusion of the period of attorneyship;

2) if a notary’s attorney performs  his duties  in the cases not specified in the order of the Minister of Justice of the Republic of Lithuania ;

3) at the request of the notary represented;

4) on other grounds specified in paragraph 1 of Article 23 of this Law.    

 A notary’s a

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