200611282336保加利亞公證人及公證行為法(英文版)

 

LAW FOR THE NOTARIES AND THE NOTARIAL ACTIVITY

Prom. SG 104/1996, Amend. SG 117/1997, Amend. SG 118/1997, Amend. And Suppl. SG 123/1997, Amend. SG 24/1998, Amend. SG 69/1999

 

Chapter I

GENERAL PROVISIONS

Subject of the Law

Art. 1. This law settles the legal status of the notary and of the Notary Chamber, the organisation of the notarial activity and the notarial taxes.

Notary

Art. 2. (1) A notary is a person, to whom the state assigns the notary activities stipulated by the law. The notary can also carry out other activities stipulated by the law.

(2) The notary can only be a person, entered in the register of the Notary Chamber.

(3) The notary shall personally carry out the notarial and other activities stipulated by the law.

Region of activity

Art. 3. The region of activity of the notary shall coincide with the region of the respective regional court.

Notary Chamber

Art. 4. (1) Established is Notary Chamber. All notaries shall be members of the Notarial Chamber by right.

(2) The Notary Chamber is a corporate body with headquarters in Sofia.

Register of the Notary Chamber

Art. 5. The Notary Chamber shall keep a register. Entered in the register shall be the notaries, the assistant notaries, the notaries on probation and the circumstances related to them, stipulated by the law.

Obligation for entering

Art. 6. A person, obliged by the law to declare circumstances, subject to entering in the register under Art. 5, or to present documents, must do it within 7 days from the occurrence of the circumstance, unless the law stipulates another term.

Publicity of the register of the Notary Chamber

Art. 7. Everybody shall have the right to review the register of the Notary Chamber and to receive abstract from it.

Chapter II

NOTARY

Section I

Acquisition of capacity of a notary

Requirements

Art. 8. (1) Capacity of a notary can be acquired by an able-bodied physical person, of age up to 60 years, who is only Bulgarian citizen and who meets the following requirements:

1. who has graduated higher education;

2. who has passed the stipulated time of service and has acquired juridical capacity;

3. who has two years of service;

4. who has not been convicted for premeditated crime, regardless of a subsequent rehabilitation;

5. who is not deprived of the capacity of a notary;

6. who has not been deprived of the right to carry out the profession of lawyer or trade activity;

7. who is not under proceedings for insolvency, or who has not been reinstated in his rights as insolvent or who has not been sentenced for bankruptcy;

8. who is entered in the register under Art. 5.

(2) As time of service under para 1, item 3 shall be considered the time of service as judge, prosecutor, investigator, lawyer, arbitrator, junior judge, junior prosecutor, bailiff, notary, judge on the entries, assistant notary, scientist on the law science, court inspector, expert on the legislation or in the bodies of the judiciary authority, jurist consult, legal advisor or expert on legal issues in a state or municipal department.

Incompatibility

Art. 9. (1) The notary cannot be simultaneously:

1. (amend. SG 69/99) national representative, minister, mayor or municipal counsellor;

2. occupy a post in a state or municipal body;

3. work under legal terms of employment;

4. carry out lawyer's activity;

5. carry out trade activity, be a manager or participate in supervisory, managing and control bodies of trade companies and cooperations.

(2) In cases of discontinuing the activity under para 1, item 1 the capacity of the notary shall be reinstated under the conditions of Art. 39.

Opening positions of notaries

Art. 10. (1) (amend. SG 123/97) The positions for notaries in certain region cannot be less than two. For 10 000 citizens in certain region one position for notary shall be opened.

(2) The opening of positions and the announcement of competition shall be carried out by an order of the Minister of Justice upon taking the opinion of the Council of notaries. The Council of notaries shall announce its opinion within 7 days.

(3) The order under para 2 shall be announced in writing to the Notary Chamber. The enacted order shall be promulgated in the State Gazette.

(4) If more notaries are needed than the ones determined by para 1 the Minister of Justice can, by his initiative, or at the proposal of the Council of notaries, open additional positions of notaries in the respective region.

Order of applying

Art. 11. (1) Within one month from the promulgation the candidates shall apply in writing to the Minister of Justice for participation in the competition. The application shall contain the name, the UCC, address and the practised profession or occupation of the candidate and the region for which he applies.

(2) The application under para 1 shall be accompanied by documents for birth, for graduated higher juridical education and acquired juridical capacity, for time of service and place of employment, certificate of conviction, declaration for absence of another citizenship, declaration under Art. 8, item 5, 6 and 7 and medical certificate.

(3) When there are not enough candidates for all opened positions in a separate region the deadline shall be extended by one month. In this case persons over 60 years of age can apply for the respective region.

Notary competition

Art. 12. (1) (amend. SG 123/97) The conditions and order of carrying out the competition shall be determined by an ordinance, issued by the Minister of Justice.

(2) (amend. SG 123/97) The competition shall be carried out by a commission, consisting of: chairman - a deputy Minister of Justice in charge of the court activity and members: inspector from “Inspectorate” at the Ministry of Justice, a judge of the Supreme Court of Appeal, appointed by the Chairman of the Supreme Court of Appeal, a lawyer with at least 10 years practice, appointed by the Supreme Council of Lawyers and a representative of the Notarial chamber

(3) The results from the competition shall be sent to the Minister of Justice who, within 7 days, shall issue an order for entering in the register of the Notary Chamber of the placed candidate for the respective region.

(4) The order shall be announced in writing by the order of the Civil procedural code to each candidate for the region and it can be appealed by the order of the Law for the administrative proceedings.

Notary office

Art. 13. (1) Upon the enactment of the order for registration the candidate for notary shall be obliged to provide a notary office, which can also be done jointly with other candidates or acting notaries of the same region.

(2) The office of the notary and his official archives shall be located in the notary office.

(3) The notary office must be located in the region of activity of the notary and shall correspond to the requirements, guaranteeing the precise fulfilment of his obligations and the legal security of the performed activities.

Entering in the register of the Notary Chamber

Art. 14. (1) The entering in the register of the Notary Chamber shall be carried out by a decision of the Council of Notaries.

(2) Necessary for entering of a notary in the register shall be:

1. enacted order of the Minister of Justice for registration;

2. presentation of a written declaration certifying that the obstacles under Art. 9 are absent;

3. announcing the address of the notary office;

4. (amend. SG 123/97) presentation of document for real right on the notary office or entered rental contract, declaration for the origin of the funds, input for the ensuring of the notarial office, according to a model, approved by the Minister

5. presentation of document for insurance under Art. 30;

6. presentation of sample of the seal, approved by the Minister of Justice;

7. presentation of specimen of the signature of the notary.

(3) For registration of assistant notary or notary on probation shall be enough to meet the requirements under para 2, item 1, 2, 5 and 7.

(4) (suppl. SG 123/97) The request for entering in the register and the compliance with the requirements under para 2 and 3 shall be made within one month term from the enactment of the order for registration. For the not occupied place of a notary the Minister of Justice shall issue an order for entering the next in order candidate. Copies of the documents of para 2 shall be sent by the Council of notaries to the Minister of Justice.

Swearing oath

Art. 15. (1) Upon issuance of the decision under Art. 14, para 1 the candidate shall be sworn before the Council of Notaries, if not sworn before with the following: "I swear to observe correctly the Constitution and the laws of the Republic of Bulgaria, to carry out fairly, conscientiously and impartially my professional obligations, to be worthy of the trust and respect, required for the profession, to contribute to the raising of the prestige of the profession, to keep the professional secret, always remembering that I am responsible to the law. I am sworn!"

(2) A list of oath shall be signed upon swearing the oath.

(3) The entering in the register shall be made upon signing the list of oath.

Circumstances, subject to entering in the register

Art. 16. (1) The register shall contain:

1. the region of activity;

2. the name and the UCC of the notary, respectively of the assistant notary and of the notary on probation;

3. the address of the notary office;

4. the term of activity of the assistant notary, including in times of substitution, and of the notary on probation;

5. the name and headquarters of the insurer.

(2) The persons entered in the register of the Notary Chamber shall be obliged to declare for entering the changes of the circumstances, subject to entering.

Section II

Rights and obligations of the notary

Independence

Art. 17. The notary shall be independent in fulfilment of his functions and shall only be subordinated to the law.

Assistance and respect

Art. 18. Assistance and respect shall be owed to the notary in fulfilment of his functions.

Access to documents

Art. 19. The notary shall have the right to free access to the administrative and judiciary offices and can make inquiries on cases and files, as well as require copies of papers and receive information with priority.

Private meetings

Art. 20. In fulfilment of his official functions the notary shall meet in private the person who has requested his assistance, unless he wants the presence of other persons.

Inviolability of the official archive

Art. 21. (1) The official archives of the notary shall be inviolable and nobody shall have the right of access to it without the consent of the notary, except in cases stipulated by a law.

(2) The person, who has obtained access to the official archives of the notary, shall be obliged to keep the official secret under the conditions, established for the notary, and to inform him about the activities carried out with the archives.

Other activities of the notary

Art. 22. If assigned by the parties, the notary can, in connection with the notary proceedings, prepare and inspect draft documents, give verbal and written consultations, mediate for clarification of the will of the parties, make inquiries, provide documents, as well as be executor of a will or manager of property.

Obligation for assistance

Art. 23. The notary shall consider all requests for assistance, addressed to him, unless he is interested in carrying out the requested activity or he has special relations with the party, which raise grounded doubts in his impartiality.

Impartiality

Art. 24. In fulfilment of his official functions the notary cannot take side.

Protection of the rights and interests of the parties

Art. 25. (1) The notary shall be obliged to protect the rights and interests of the parties, to guide them, to clarify their will and the actual situation, to introduce to them, clearly and unambiguously to the legal consequences and to make no omissions or tardiness in working, which could lead to violation of their rights.

(2) (amend. SG 123/97) When carrying out transactions, subject to entering, upon wish of the parties, the sum due to the seller or to the person substituting him, shall be deposited to the bank account of the notary, who shall present a document for this to the judge for entering.

(3) (new – SG 123/97) The notary shall present the acts subject to entering to the judge for entering on the day of their implementation. Before the entering the notary cannot supply to the parties a copy of the acts subject to entering.

(4) (new – SG 123/97) In the cases of para 2 after the entering the notary shall pay the due sums to the seller or the person substituting him.

Professional secret

Art. 26. (1) The notary shall be obliged to keep professional secret about the circumstances, having become known to him in connection with his work, and he cannot use them for his own or somebody else's profit.

(2) The obligations under para 1 also regard the time when the notary carries out his functions or when his activity has been discontinued.

Continuity of the activity

Art. 27. The Minister of Justice shall fix the office hours of the notary offices and the conditions, under which they can be temporarily closed.

Official archives

Art. 28. (1) The notary shall keep individual official archives. The conditions and order of keeping the archives shall be determined by an ordinance, issued by the Minister of Justice.

(2) The notary shall be obliged to provide access to his official archives for inspection by duly authorised officials, within the frames of their competence.

Informing the Chairman of the regional court

Art. 29. The notary shall inform immediately the chairman of the regional court about every change of the location of the notary office and the official archives.

Insurance

Art. 30. The notary shall be insured for the time of his professional activity for the damages, which could occur as a result of culpable failure to fulfil his obligations, as well as of the obligations of the assistant notary, the notary on probation and the employees in the notary office. The minimal and the maximal amount of the insurance amount shall be determined by the Notary Chamber.

Social insurance

Art. 31. The notary shall be subject to obligatory social insurance under the conditions and by the order established for the free-lance practising persons.

Instalments in the Notary Chamber

Art. 32. The notary shall make obligatory instalments in favour of the Notary Chamber under the conditions and by the order, determined by the statutes of the Chamber and the decisions of the general assembly.

Accountancy

Art. 33. The notary shall keep accountancy.

Observance of the professional ethics

Art. 34. (1) The notary shall be obliged to observe the professional ethics and to protect the prestige of the profession.

(2) The notary shall be obliged to introduce, train and guide the assistant notary, the notary on probation and his employees.

Alliance of notaries

Art. 34a. (new – SG 123/97) The notaries can ally and act together under the conditions of civil association by the order of art. 357 – 364 of the Law for the obligations and contracts. In this case it is possible notaries to have common archive and assistants.

Section III

Losing and restoring notary capacity

Grounds of losing capacity

Art. 35. A notary shall lose his capacity:

1. upon his written request to the Council of notaries;

2. in case of death, or distraint;

3. for reasons, due to obstacles under Art. 8 or for incompatibility under Art. 9.

Closing and inventory of the official archives

Art. 36. (1) With the occurrence of the grounds under Art. 35 the notary shall not carry out whatever notary or other activities, provided by the law, and the official archives shall be closed.

(2) The official archives shall be closed and opened by an order of the Chairman of the regional court, for which inventory minutes shall be made.

(3) The conditions and order of closing, opening and presenting the official archives shall be settled by an ordinance, issued by the Minister of Justice.

(4) Compulsory fulfilment or activities on protective proceedings on premises, registered as notary office, can only be carried out upon presentation of the official archives of the notary.

Striking off

Art. 37. (1) Striking off the register of the Notary Chamber shall be made ex-officio by the Council of notaries by entering in the register:

1. the grounds of suspending the capacities of the notary;

2. the date and the name of the person to whom the archives have been presented.

(2) The legal capacity of the notary shall be lost with the striking off from the register, except in the cases under Art. 35, item 2.

(3) Upon striking off the Council of notaries shall inform the Minister of Justice.

Notary activities on the accepted archives

Art. 38. The notary, respectively the judge for the registrations, who has accepted the official archives, shall carry out notarial activities only on the documents and papers present in the archives.

Restoration of capacity

Art. 39. (1) The capacity of a notary shall be restored at his request, if it has been lost on some of the following grounds:

1. depriving of capacity for a certain period - upon expiration of the term;

2. carrying out incompatible activity under Art. 9, para 1, item 1 - upon suspension of the activity.

(2) The request for restoring the capacity shall be extended to the Council of notaries within one month from elimination of the grounds for its losing.

(3) The restoration of the capacity shall be entered in the register of the Notary Chamber by the order of Art. 14.

(4) The person, who has received the official archives, shall be obliged to return it, according to an inventory, upon restoration of the capacity.

Section IV

Assistant notary

Competence

Art. 40. (1) The assistant notary can carry out, by the instructions of the notary, all activities of his competence. The relations between the notary and the assistant shall be settled by a contract.

(2) The assistant notary shall use the official archives and the seal of the notary, adding to his signature the word "assistant".

(3) For damages, occurred as a result of failure to fulfil the obligations of the assistant notary, the notary shall be jointly responsible.

(4) Inasmuch as there are no particular rules, the rules for the notary shall also apply for the assistant notary.

Acquiring capacity

Art. 41. (1) The notary can appoint one or more assistant notaries among the persons who meet the requirements for notary, regardless of their age and time of service.

(2) The Minister of Justice shall issue order for registration of the assistant notary in the register of the Notary Chamber on the grounds of written application by the notary, signed by the candidate, which shall contain the data under Art. 11, para 1. The application of the candidate shall be accompanied by the documents under Art. 11, para 2. The notary can fix a term in the application.

(3) The entry in the register of the Notary Chamber shall be made by the order of Art. 14, 15 and 16.

Losing capacity

Art. 42. (1) The assistant notary shall lose capacity:

1. upon his written request to the notary;

2. with his, or the notary's death, or by distraint;

3. for occurrence of an obstacle under Art. 8 or for incompatibility under Art. 9;

4. by a written request of the notary to the Council of notaries;

5. with the expiration of the term fixed by the notary and with the striking off of the notary from the register of the Notary Chamber.

(2) The striking off of the assistant notary from the register of the Notary Chamber shall be made ex-officio or at the request of the notary, by entering the grounds under para 1 in the register.

(3) The assistance notary shall lose his capacity with his striking off from the register, except in the cases under para 1, item 2 and 5.

Section V

Notary on probation

Competence

Art. 43. (1) The notary on probation can, according to the instructions of the notary, certify the date, the contents or the signatures of private documents, which are not subject to entry, the truthfulness of copies and abstracts of documents and papers and carry out notary activities on wills.

(2) The notary on probation shall use the official archives and the seal of the notary, adding the word "on probation".

(3) Inasmuch as there are no particular rules, the rules for the assistant notary shall apply for the notary on probation.

Acquiring capacity

Art. 44. (1) The notary on probation shall be appointed by the Minister of Justice among the judiciary candidates, according to the Law for the judiciary authority.

(2) Upon issuance of the order for appointment the notary on probation shall be entered in the register of the Notary Chamber by the order of Art. 14, 15 and 16.

Losing the capacity

Art. 45. (1) The notary on probation shall lose the capacity with the expiration of the term for which he has been employed, and with the striking off of the notary from the register of the Notary Chamber.

(2) The striking off of the notary on probation from the register of the Notary Chamber shall be made ex-officio.

Section VI

Substitution of notary

Substitution of notary by an assistant notary

Art. 46. (1) When a notary is absent or he is not in condition to fulfil his functions, he can be substituted by the assistant notary, who has served the time under Art. 8, para 2. In this case the assistant notary shall carry out on his own all activities of the competence of the notary, adding to his signature "in substitution".

(2) The substitution under para 1 shall be entered in the register of the Notary Chamber, applying respectively Art. 41 and 42.

Substitution of a notary by another notary

Art. 47. (1) The notary can be substituted by another notary of the same region. The relations between them shall be settled by a contract.

(2) The substituting notary shall use the official archives of the substituted one, affixing his signature and seal on the certified document, stating the fact of substitution.

(3) If, during the time of substitution, the location of the official archives of the substituted notary is changed, Art. 29 shall apply.

Substitution of a notary by the judge on the registration

Art. 48. (1) (amend. SG 123/97) If the notary is absent or he is not in position to fulfil his functions and there is no one to substitute him in the region, he shall be obliged to notify the judge or entering, who shall take over the substitution during this time for carrying out urgent notarial activities. In this case shall apply respectively Art. 47, para 2.

(2) If the notary has not provided access to the archives, necessary for his substitution, for the purposes of urgent notary activities the chairman of the regional court, at the request of the interested person, shall order entry in the notarial office, opening of the necessary archives and carrying out the notary activity by the judge on the registration.

Section VII

Employees of the notary

Official secret

Art. 49. The employees of the notary shall be obliged to keep the official secret under the conditions, established by the notary.

Assigning the presentation of announcements and papers

Art. 50. The notary can assign to an employee of the notary office to present announcements and papers under the conditions and by the order of Art. 41 - 52 of the Civil procedural code.

Chapter III

NOTARY CHAMBER

Section I

General Provisions

Statutes

Art. 51. The Notary Chamber shall adopt statutes for its structure and activity.

Bodies and representation

Art. 52. (1) Bodies of the Notary Chamber are the general assembly, the Council of notaries, the control council and the disciplinary commission.

(2) The Notary Chamber hall be represented by the Chairman of the Council of notaries, and in his absence - by his senior deputies.

Property

Art. 53. (1) The property of the Notary Chamber consists of:

1. obligatory initial, annual and additional instalments by its members;

2. taxes for services;

3. donations and wills;

4. other sources.

(2) (amend. SG 123/97) The Notary Chamber shall collect fees for the entering made in its register. The fees shall be determined by a tariff, approved by the Council of Ministers.

Section II

General Assembly of the Notary Chamber

Members

Art. 54. (1) The general assembly shall consist of all members of the Notary Chamber.

(2) The general assembly is regular and extraordinary.

Convention

Art. 55. (1) The regular general assembly shall be convened annually, on the last Saturday and Sunday of January.

(2) The general assembly shall be convened by the Council of notaries by promulgation of the announcement in the State Gazette, at least two months before the date of the assembly. The invitation shall contain the agenda.

(3) If, up to 20 days from promulgation, at least 1/10 of the members of the Chamber request the inclusion of an issue in the agenda, the Council of notaries shall be obliged to promulgate, at least 7 days before the date of the assembly, addition to the agenda.

Quorum and representation

Art. 56. (1) The general assembly shall be held if attended personally or by proxy by 2/3 of the members of the Chamber. For lack of quorum the assembly shall be postponed for an hour later and it shall be held, regardless of the number of the present members.

(2) The voting shall be personal or by proxy who can be notary or assistant notary. The authorisation shall be in writing. One proxy cannot represent more than three members of the Chamber. The letter of attorney shall be presented to the chairman of the Council of notaries or to the administrative secretary of the Chamber before opening the assembly.

Competence

Art. 57. The general assembly shall:

1. adopt the statutes of the Notary Chamber;

2. (suppl. SG 123/97) elect for a term of 3 years and release the chairman and the members of the Council of notaries, of the control council and of the disciplinary commission, determining the number of members and their remuneration;

3. determine the minimal and the maximal amount of the insurance under Art. 30;

4. take decision on concluding group insurance;

5. create guarantee fund for compensation for occurrence of risks or expired or not renewed insurance uncovered by the obligatory insurance, and take decision for creating other monetary funds;

6. determine the amount of the obligatory initial and annual instalments;

7. take decision for additional monetary instalments;

8. discuss and adopt the budget of the Chamber;

9. take decisions on claims of the Notary Chamber against members of its bodies or release them from responsibility;

10. take decision on other issues, stipulated by the statutes.

Taking Decisions

Art. 58. (1) The general assembly shall take decisions by a majority of more than half of the attending members. The decisions under Art. 57, item 1, 2 and 7 shall be taken by a majority of more than 2/3 of the attending members.

(2) On issues not included in the agenda cannot be taken decision, except for release of members of the bodies of the Chamber and for election of new members in their places.

Extraordinary general assembly

Art. 59. (1) Extraordinary general assembly shall be convened by the Council of notaries, by the control council or by the Minister of Justice with an agenda pointed by them.

(2) The Council of notaries shall be obliged to convene extraordinary general assembly upon written request by 1/10 of the members of the Chamber, stating the agenda. If the Council of notaries does not do so within 14 days from receipt of the request, the general assembly shall be convened by the persons, who have extended the request.

(3) For convening and holding the general assembly shall apply respectively Art. 55 and 56.

Appealing the decisions

Art. 60. (1) The decisions of the general assembly can be appealed before the Supreme Administrative Court within 7 days from the date of taking the decision.

(2) The claim can be joined by every member of the Chamber who supports it, even if the claimant withdraws it.

(3) The decisions of the general assembly can also be appealed by the Minister of Justice if they affect a state interest.

Carrying out the decisions

Art. 61. On the grounds of the enacted decision of the general assembly the regional court shall issue an executive list.

Section III

Council of notaries

Members

Art. 62. (1) The Council of notaries shall be elected with at least five principal members and two reserve members, as the chairman and his deputy shall be elected by the principal members.

(2) If the number of members of the Council of notaries is larger two deputy chairmen shall be elected.

(3) (suppl. SG 123/97) As members of the Council of notaries can be elected members of the Notary Chamber with at least 5 years judicial practice.

(4) The members who are unable to participate or those who have left the Council of notaries, until the elimination of the obstacle, respectively until the end of their mandate, shall be substituted by the reserve members, by seniority.

(5) The reserve members shall substitute the chairman and his deputies only in their quality of members of the Council of notaries.

Convening

Art. 63. (1) The Council of notaries shall be convened for a regular meeting by the chairman at least once a month.

(2) The chairman of the Council of Notaries shall be obliged to convene it for an extraordinary meeting at the written request of 1/3 of its principal members, which should contain the agenda. If the chairman does not do so within 7 days from receipt of the request the extraordinary meeting shall be convened by the members of the Council, who have extended the request.

(3) Extraordinary meeting of the Council of notaries can also be convened by the Minister of Justice, with agenda specified by him.

Quorum

Art. 64. The meeting of the Council of notaries shall be considered regular if 2/3 of its members attend.

Competence

Art. 65. The Council of notaries shall:

1. supervise the work of the Notary Chamber;

2. convene the general assembly, fulfil its decision and report to it;

3. elect the deputy chairmen;

4. determine the staff and the administrative secretary of the Chamber;

5. organise the keeping of the register of the Notary Chamber, take decision for the entries, marking and striking off and carry out the obligatory activities in cases of losing the rights of notaries;

6. (amend. SG 123/97) determine which notary to participate in the competition commission;

7. take decision for acquiring and expropriation of real estates and real rights on them;

8. supervise the fulfilment of the obligations of the notaries and of the assistant notaries, institute and participate through its representatives in disciplinary proceedings against them, in the stipulated cases;

9. supervise and carry out the activity of improvement of the professional qualification of the notaries and their assistants, notaries on probation and employees and shall take care for the protection of their professional rights;

10. carry out all obligations which, by the law, by the statutes or by a decision of the general assembly are not referred to the competence of another body.

Taking decisions

Art. 66. (1) The Council of notaries shall take decisions by a majority of more than half of the attending members, as the attending reserve members shall only have the right of consultative vote. The reserve members shall have the right to vote when they substitute principal members of the Council. In cases of equal number of votes decisive shall be the vote of the chairman.

(2) Decision of the Council of notaries can also be taken in absentia if all members of the Council with a right to vote agree with the decision and sign it.

Chairman of the Council of notaries

Art. 67. (1) The chairman of the Council of notaries shall organise, manage and be responsible for the entire activity of the Council.

(2) The chairman of the Council of notaries shall:

1. appoint the administrative secretary, the employees and the auxiliary staff of the Notary Chamber;

2. manage, and dispose with the property of the Notary Chamber;

3. fulfil the budget of the Notary Chamber.

Administrative secretary

Art. 68. (1) The administrative secretary shall:

1. manage the financial and economic activity;

2. co-ordinate the activity of the auxiliary bodies;

3. organise the meetings of the Council of notaries, prepare the materials for them and supervise the activity on the direct fulfilment of the decisions of the Council;

4. manage and organise the work of the employees and the auxiliary staff and provide technically and administratively the entire activity of the Notary Chamber.

(2) The administrative secretary may not be a member of the Notary Chamber.

Section IV

Control Council

Members

Art. 69. (amend. SG 123/97) The Control Council shall consist of at least three members. As chairman and members of the Control Council can be members of the Notary Chamber with at least 10 years of juridical practice.

Competence

Art. 70. (1) The Control Council shall control the financial and economic activity of the Notary Chamber and shall report on its work to the general assembly.

(2) When establishing violations of the law, of the statutes of the Notary Chamber, of the decisions of the general assembly or of the Council of notaries, the Control Council shall prepare a report, which shall be presented to the Council of notaries, respectively to the general assembly.

(3) The members of the Control Council can participate in the meetings of the Council of notaries.

Section V

Disciplinary Commission

Members

Art. 71. (1) The Disciplinary Commission shall consist of at least six members.

(2) (amend. SG 23/97) Members of the Disciplinary Commission can be members of the Notary Chamber without disciplinary penalty, with at least 10 years of practice, and the chairman - with at least 10 years of juridical practice.

Competence

Art. 72. The Disciplinary Commission shall consider and judge on disciplinary cases instituted against notaries and assistant notaries by the order, stipulated by the law.

Chapter IV

PROPRIETARY LIABILITY

Grounds

Art. 73. (1) (suppl. SG 123/97) The notary shall bear proprietary liability for the damages, caused by guilty failure to fulfil his obligations according to the Law for the obligations and contracts, but not more than the certified material interest.

(2) The state shall not be responsible for the activities of the notary.

Chapter V

DISCIPLINARY LIABILITY

Disciplinary violations

Art. 74. (1) For failure to fulfil the obligations under the law and the statutes of the Notary Chamber the notary and the assistant notary shall bear disciplinary liability.

(2) For violations of their obligations the notaries on probation shall be liable by the order established for the court candidates.

Disciplinary penalties

Art. 75. (1) Disciplinary penalties are:

1. censure;

2. warning for incapacitation;

3. incapacitation for a period up to 5 years.

(2) For minor violations the chairman of the Disciplinary Commission can make a personal warning.

Lapse of disciplinary liability

Art. 76. The disciplinary liability shall lapse by a six-month prescription from the establishment of the violation and not later than one year from its perpetration.

Instituting disciplinary proceedings

Art. 77. (1) The disciplinary proceedings shall be instituted at the request of the Minister of Justice or ex-officio by a decision of the Council of notaries.

(2) The body, at whose initiative is instituted the disciplinary proceeding, shall inform the notary, who can offer explanations within 7 days from the announcement.

(3) The Council of notaries shall send the materials to the chairman of the Disciplinary Commission upon expiration of the term under para 2.

(4) The chairman of the Disciplinary Commission shall appoint a chairman and two members of the disciplinary jury to whom he shall assign the disciplinary case.

Considering disciplinary case

Art. 78. (1) The chairman of the jury shall set a meeting and shall invite the notary, a representative of the Council of notaries and a representative of the Minister of Justice, if the proceedings have been instituted at his request. The notary can use the services of a lawyer.

(2) The meetings of the disciplinary commission shall be closed.

(3) The disciplinary proceedings shall admit all evidence of importance to the case.

Enactment of the decision

Art. 79. (1) The commission shall take a motivated decision on the disciplinary case.

(2) The decision shall be enacted upon a closed meeting, by a majority of the members of the jury.

(3) The disciplinary jury shall consider and judge on the disciplinary case within one month from its assignment.

Appeal and coming into force of the decision

Art. 80. The decision of the Disciplinary Commission can be appealed by the notary, by the Council of notaries and by the Minister of Justice before the Supreme Court of Appeal, within 7 days from its enactment, respectively from the date of its announcement.

Chapter VI

NOTARY FUNCTIONS OF PERSONS WHO ARE NOT NOTARIES

General rule

Art. 81. A person who is not a notary can carry out notary functions only inasmuch as it is stipulated by a law.

Bodies of the judiciary authority

Art. 82. (1) When there is no notary in the region, the notary activities shall be carried out by the judge for the entries at the regional court.

(2) When there is a notary the judge for the entries shall carry out the notary activities only on the documents and papers, available in the court, as well as notary activities in cases of substitution of a notary.

Bodies of the local administration

Art. 83. When, in the populated area, there is no notary and regional court, the mayor of the populated area, which is not a municipal centre, and if it is a municipal centre - the mayor, the deputy mayor and the secretary of the municipality shall certify the date and the signatures on private documents, which are not subject to entry, as well as the truthfulness of copies and abstracts of documents and papers.

Bulgarian diplomatic and consular representatives

Art. 84. The Bulgarian diplomatic and consular representatives abroad can certify the date, the contents and the signatures on private documents, which are not subject to entry, the truthfulness of copies and abstracts of documents, presented by Bulgarian citizens, and to issue notarial wills of Bulgarian citizens.

Chapter VII

NOTARIAL FEES

Section I

General provisions

Grounds and amount

Art. 85. (1) The notarial taxes shall be collected for:

1. notary activities;

2. other activities carried out by the notary.

(2) For carrying out one and the same notary activity by a notary and by a state body shall be collected an equal notarial tax.

(3) (amend. SG 123/97) The amount of the notarial fees shall be fixed by a tariff approved by the Council of Ministers upon a proposal by the Minister of Justice after co-ordination with the Notary Chamber.

Payment

Art. 86. The notarial taxes shall be paid to:

1. the notary, in whose official archives is registered the respective activity;

2. the municipal budget - for the notary activities, carried out by bodies of the local administration;

3. the state budget - for notary activities, carried out by other bodies, including in cases of substitution of a notary by a judge for the entries.

Liable persons

Art. 87. Notarial taxes shall be due by the person, whose request has been considered by a notary or by another body carrying out notary functions. Several liable persons shall be jointly liable.

Due notarial fees

Art. 88. (1) The notarial taxes shall be due for carrying out the requested activity, as well as for circumstantial check up - at the time of presenting the request.

(2) The notary shall have the right to require in advance a part of the due tax.

Collecting notarial fees

Art. 89. (1) For the collection of notarial taxes shall be issued an invoice in two or more equivalent copies, signed by the notary, one of which shall be presented to the liable person.

(2) The invoice shall contain the provisions, on whose grounds the taxes are due, the certified material interest or the spent time, for proportional tax, the sum of the due taxes and additional expenses, the amount of the received advance payment and the consequences for failure to pay.

(3) The regional court shall issue an executive list for the unpaid notarial taxes.

Section II

Types of notarial fees

Common notarial fees

Art. 90. The common notarial taxes shall only be collected for activities, explicitly stipulated by the tariff, and they shall not depend on the certified material interest or the spent time.

Proportional notarial fees

Art. 91. The proportional notarial taxes shall be collected according to the certified material interest or the spent time and they shall be of a definite minimal amount.

Fees according to the certified by material interest

Art. 92. (1) The percentage of the proportional tax, according to the certified material interest shall be reduced by the increase of the interest, as the tax cannot exceed a definite maximal amount.

(2) For certain types of certificates the tariff can stipulate the tax under para 1 to be collected in a reduced or increased amount.

Fees for spent time

Art. 93. (1) Fees for spent time shall be due only to the notaries and shall be paid for:

1. verbal and written consultations;

2. mediation for clarification of the will of the parties;

3. check up, providing documents, papers, etc.

(2) Fees shall not be due for the verbal consultations given on occasion of other taxed activity.

Fees for issuance and check up of documents

Art. 94. (1) Fees for issuance and check up of documents shall be due only to the notaries.

(2) For preparing a draft of a notary act or another document shall be collected the fee, stipulated for certification.

(3) For check up of ready draft of document, made without notarial certification, shall be collected half of the fee, stipulated for certification. If, within one month, notarial certification is made for the same document by the same notary only half of the fee shall be collected.

Additional notarial fee

Art. 95. (1) The additional notarial fee shall be due for activities, carried out at the request of the claimant, out of the notary office, not in office hours or on weekends and holidays.

(2) The tax under para 1 shall be due in the total amount of half of the fee for certification.

Section III

Certified material interest

Transactions with real rights

Art. 96. (1) For transfer of right of ownership on chattel the certified material interest is:

1. the market price;

2. the market price of the more expensive chattel - in cases of exchange;

3. the market price of all shares - in cases of voluntary partition.

(2) In cases of establishing or transfer of other real rights the certified material interest is:

1. for right of construction - 90 percent of the market price of the place, respectively the part of it, on which the right is established or transferred;

2. in cases of establishing right of use - the market rental price, which could be considered for the entire period of use, and if such is not stipulated - for a period of 3 years.

(3) (revoked SG 117/97; new - SG 123/97) In case of difference between the assessment of § 2 and the certified material interest the notarial fee shall be collected for the higher of them.

Special cases

Art. 97. (1) The certified material interest is:

1. in transaction for vehicle - the value for which it has been insured;

2. in transactions for trade enterprise - the balance value of the long-standing assets of the enterprise for the last quarter;

3. in establishing trade company - the amount of the capital;

4. in selling inheritance - the market price of the real estates included in the inheritance;

5. in fulfilment of wills - the market price of the inherited property;

6. in management of property - the monthly income from the property;

7. in transactions, whose subject is a cash taking - the nominal value of the taking, and in transaction with periodical payments - the total sum of the payments for the entire period, and if such is not stipulated - for a period of 3 years.

(2) In cases of amendments and supplements of transactions and documents the certified material interest shall only be the one of the changes.

(3) In cases of transactions for payment the certified material interest shall be the contracted price if it is higher than the one stipulated by the order of this section.

Additional provisions

§ 1. "Notarial fee" in the context of this law is the remuneration paid to the notary for the provided services.

§ 2. (amend. SG 118/97) The market price shall be determined according to the price which could be obtained under the usual market relations, taking into consideration the nature of the subject and all factors influencing the price in cases of sale, respectively in cases of renting. The evaluation shall be determined by the order of art. 33 of the Law for the local taxes and fees.

Transitional provisions

§ 3. (amend. SG 123/97, SG 24/98) Persons, found by this law, in fulfilment of notary functions in the regional courts, shall continue to fulfil them by the previous order, but not later than October 1, 1998.

§ 4. (amend. SG 123/97) The Minister of Justice shall appoint the judges for the entries.

§ 5. (1) The first general assembly of the Notary Chamber shall consist of the persons under § 3, who meet the requirements of Art. 8, item 1, 2, 4, 5, 6 and 7 and who have applied for notaries within the period and by the order of § 6.

(2) The Minister of Justice shall convene the general assembly within 3 months from the enactment of the law, with the following agenda:

1. adoption of the statutes of the Notary Chamber;

2. election of its bodies;

3. determining the amount of the insurance under Art. 30;

4. determining the amount of the obligatory initial and annual instalments;

5. adoption of the budget until the end of the current year.

(3) The general assembly can decide on the inclusion of other issues in the agenda.

(4) (new – SG 123/97) On the basis of the results of the first competition the entering in the register under art. 14I and the orders under § 6 shall be made by “Inspectorate” at the Ministry of Justice. After the conducting of the first general meeting of the Notarial Chamber and the election of its bodies by the notaries the register shall be presented to the Council of the notaries.

(5) (new – SG 123/97; amend. SG 24/98) The first general assembly of the Notarial chamber, after the conducting of the competitions of art. 12, shall be summoned by the Minister of Justice in one month term after the entering of not less than 2/3 of the persons, who have successfully passed the competition.

(6) (new – SG 123/97) The bodies of the Notarial Chamber, elected by te order of para 2, item 2, shall fulfil their functions till the conducting of the general assembly according to para 5.

§ 6. (amend. SG 123/97, SG 24/98) The Minister of Justice shall repeal the issued orders for entering in the register of the Notarial Chamber of notaries, not classified at the competition of art. 12.

§ 7. (amend. SG 123/97) (1) (prev. § 7 – SG 24/98) At the conducting of the competition of art. 12, para 2 in the commission shall participate regional judge, determined by the chairman of the Supreme Court of Appeal, instead of representative of the Notarial Chamber.

(2) (new – SG 24/98) The first competition shall be organized and funded by the Ministry of Justice.

§ 8. (amend. SG 123/97) Everywhere in the law the words “the Minister of Justice” and “the Ministry of Justice” shall e substituted respectively by “the Minister of Justice and Legal European Integration” and “the Ministry of Justice and Legal European Integration”.

§ 9. Pending notary proceedings, upon expiration of one year from the enactment of the law, shall be finished by the judges for the entries.

§ 10. Until the promulgation of the tariff under Art. 85, para 3 the notary activities shall be taxed by the previous order.

Concluding provisions

§ 11. The following amendments and supplements are introduced to the Law for the judiciary authority (prom., SG, No 59 of 1994, No 78 of 1994 - Decision No 8 of the Constitutional Court of 1994, No 87 of 1994 - Decision No 9 of the Constitutional Court of 1994, No 93 of 1995 - Decision No 17 of the Constitutional Court of 1995; amend., No 64 of 1996, No 96 of 1996 - Decision No 19 of the Constitutional Court of 1996):

1. In Art. 35, para 1, item 3, after the word "bailiffs" a comma is added followed by "the judges for the entries".

2. In Art. 36, para 2 the words "the notaries" are replaced by "the judges for the entries and the notaries" and a second sentence is created: "Inspectors of the notaries can be other notaries with at least 10 years of practice as notary, appointed by the Notary Chamber."

3. In Art. 56, para 1, item 4 and Art. 60, item 2 the words "the notaries" are replaced by "the judges for the entries".

4. In Art. 63, para 1, item 5 the word "notaries" is replaced by "judge for the entries".

5. In Art. 109 the word "notary" is replaced by "judge for the entries".

6. In Art. 127, para 5, after the word "notary" a comma is added, followed by "judge for the entries or assistant notary".

7. Chapter Twelve is amended as follows:

"Chapter Twelve

JUDGES FOR THE ENTRIES

Art. 158. (1) There shall be judges for the entries in the regional courts.

(2) The judge for the entries shall carry out the notary activities on the entries, marking and their striking off, for giving information on the books of entries, as well as other activities stipulated by the law.

(3) In the regional courts, where there is no judge for the entries, his functions shall be carried out by the regional judge.

(4) The Minister of Justice can assign to a bailiff from the same court to carry out the functions of the judge for the entries.

Art. 159. The judge for the entries can carry out activities only in his region.

Art. 160. (1) The judge for the entries can become a person who meets the requirements of Art. 126.

(2) The judge for the entries shall be appointed by the Minister of Justice, at the proposal of the chairman of the respective regional court.

(3) In the offices for the entries, with more than one judge for the entries, the Minister of Justice shall appoint one of them as head by seniority.

Art. 161. The judge for the entries, in assuming office, shall take the oath under Art. 109, in compliance with the provision of Art. 110.

Art. 162. The provisions of Art. 152, 154, 156 and 157 shall also apply for the judges for the entries."

8. Art. 166 is amended as follows:

"Art. 166. Court candidate, who has served for six months, can be appointed to fulfil, for a period of up to one month, the functions of bailiff, and upon request of a notary - the occupation of assistant notary until the expiration of the term, stipulated by Art. 164, para 1. For appointment for over one month the written consent of the court candidate shall be required."

9. In Art. 185 the word "notary" is replaced by "judge for the entries".

10. In Art. 190, Art. 191, para 2 and Art. 195, para 2 everywhere the words "the notaries" are replaced by "the judges for the entries".

11. In Art. 198, item 1 the words "the notary offices" are replaced by "the offices for the entries".

§ 12. The following amendments and supplements are introduced to the Civil Procedural Code:

1. In Art. 302, para 1 the words "the notary" is replaced by "the judge for the entries".

2. In Art. 315, para 1 the words "the notary" is replaced by "the judge for the entries".

3. In Art. 319, para 2 the words "the notary" is replaced by "the judge for the entries".

4. In Art. 343, para 2 the words "the notary" is replaced by "the judge for the entries".

5. In Art. 374, the word the words "the notary office" are replaced by "the office for the entries".

6. In Art. 392, para 2 the word the words "the notary office" are replaced by "the office for the entries".

7. The following amendments and supplements are introduced to Art. 465:

a) letter "d" is amended as follows:

"d) notary invitations, protests, certificates for appearance or non-appearance of persons before the notary for activities to be carried out before him;";

b) new letter "e" is created:

"e) receiving and returning documents and papers, submitted for keeping and";

c) the present letter "e" becomes letter "f".

8. In Art. 466, para 1 is amended as follows:

"466. The notarial acts for transfer of ownership or for expropriation of real rights on real estates and certifying a right of ownership on such real estates shall be carried out by the notary, in whose region is located the real estate. The entries, marking and striking off regarding real estates shall be carried out by the judge for the entries in whose region the real estate is located."

9. In Art. 467, the words "to the notary" are deleted.

10. In Art. 469, para 2, the word "transactions" is replaced by "notarial acts".

11. Art. 470 is amended as follows:

"470. Notarial activities regarding transactions, contradicting the law or the good manners, documents or other activities shall not be carried out."

12. In Art. 473, para 1 is amended as follows:

"473. The refusals by the notaries and the judges for the entries to carry out notary activity can be appealed before the regional court within 7 days from the refusal."

13. Art. 437a is revoked.

14. The following amendments and supplements are introduced to Art. 474:

a) para 1 and 2 are amended as follows:

"474. For carrying out a notary act shall be made a draft of the act in two or more equivalent copies. The form, the type and the size of the paper, on which shall be written or typed the draft, shall be determined by a form, established by the Minister of Justice.

All copies of the draft must be prepared clearly and illegibly, to be written in black or blue ink or to be typed.";

b) in para 5 the words "witnesses known to the notary" are replaced by "witnesses with established identity".

15. In Art. 480, letter "e" is amended as follows:

"e) the persons working in the notary office and the employees in the office for the entries."

16. Para 3 is created in Art. 485:

"If the private document is written in a foreign language and it is not subject to entry shall apply respectively Art. 478."

17. In Art. 488, para 1, the words "the notary office" are replaced by "the notary".

18. Art. 488a and 488b are created:

"488a. In certifying appearance or non-appearance of persons before the notary for activities before him shall be issued establishing minutes. In the same way shall be certified the consent or disconsent of the present persons for carrying out the respective activities. For issuance of establishing minutes, inasmuch as there are no special rules, the notary shall be guided by the provision of Art. 476. The establishing minutes shall be issued in two identical copies, which shall be signed by the petitioner and by the notary, upon which one of them shall be filed in a book, for this purpose, and the other one shall be presented to the petitioner, certified as a copy.

488b. In accepting for keeping by the notary documents and papers shall be issued acceptance minutes in two identical copies, which shall be signed by the petitioner and by the notary, upon which one of them shall be filed in a special register and the other one shall be presented to the petitioner, certified as a copy.

For returning the documents and papers presented for keeping shall be issued minutes, which shall be signed by the petitioner, respectively by his legatees or authorised person, upon which it shall be entered in the register."

§ 13. In Art. 24, para 2 of the Law for the inheritance the fourth sentence is deleted: "For issuance of notarial will the notary shall be guided by the provisions of Art. 474, para 1 and 2 of the Civil Procedural Code."

§ 14. The following amendments and supplements are introduced to the Law for the state taxes:

1. In Art.2, para 3 and 4 are revoked.

2. In Art. 4, letter "c" is amended as follows:

3. In Art. 4a para 2 is revoked.

§ 15. In § 4 of the additional provisions of the Law for the housing cooperations the words "as well as issuance and registration of notary acts for the housing cooperations and their members" are deleted.

§ 16. In Art. 9, para 1, item 10 of the Law for the value added tax, after the words "the Law for the lawyers" is added "the Law for the notaries".

§ 17. In Art. 13, para 5 of the Law for the income tax, after the words "of the sole entrepreneur" a comma is added, followed by "of the notary".

§ 18. The following amendments and supplements are introduced to the Law for the ownership and tenure of agricultural lands:

1. In Art. 9, para 6 and Art. 9a, para 4 the words "the notary" are replaced by "the judge for the entries".

2. In Art. 23, the words "the notary office" are replaced by "the office for the entries".

3. In § 16, para 1 of the transitional and concluding provisions the words "state taxes" are replaced by "notarial taxes".

§ 19. The following amendments are introduced to the Law for the state property:

1. In Art. 41, para 2 and Art. 48 the words "the notary" are replaced by "the judge for the entries".

2. In Art. 60, the words "the notary office" are replaced by "the office for the entries".

§ 21. In Art. 31, para 4 and Art. 104, item 2 of the Law for the territorial and urban development the words "the notary" are replaced by "the judge for the entries".

§ 22. In Art. 185, letter "b" of the Law for the obligations and contracts the words "the notaries'" are replaced by "the judges for the entries".

§ 23. The following amendments are introduced to the Commercial Law:

1. In Art. 16, para 2 the words "the notary office" are replaced by "the office for the entries".

2. In Art. 73, para 5 the words "the notary office" and "the notary" are replaced respectively by "the office for the entries" and "the judge for the entries".

§ 24. In Art. 14, para 1 of the Law for the unified cadastre of the People's Republic of Bulgaria, the words "the Notary offices" are replaced by "the offices for the entries" and after the words "one month" is added "from the day of their registration, respectively".

§ 25. The following amendments are introduced to the Law for collection of the state takings:

1. In Art. 59, para 1, the words "the notary" are replaced by "the judge for the entries".

2. In Art. 60, the words "the notary office" are replaced by "the office for the entries".

§ 26. In § 1 of the additional provisions of the Law for the lawyers after the word "notary" a comma is added, followed by "judge for the entries or assistant notary".

§ 27. The fulfilment of the law is assigned to the Minister of Justice.

§ 28.

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