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Bulgarian Notaries and Notarial Practice Act
Last update: 2008-08-22 04:48:00
Chapter One GENERAL PROVISIONS Subject Matter Article 1. This Act regulates the legal status of notaries and of the Notary Chamber of Bulgaria, the organization of notarial practice, and notarial fees. Notary Article 2. (1) (Amended, SG No. 18/2003) "Notary" means a person entrusted by the State with the performance of the notarial acts as provided for in the laws. (2) Solely persons who have been entered in the Register of the Notary Chamber of Bulgaria may practise as notaries. (3) Notaries shall perform personally any notarial and other acts as provided for by the law. Area of Practice Article 3. A notary's area of practice shall be coextensive with the geographical jurisdiction of the competent regional court. Notary Chamber of Bulgaria Article 4. (1) There shall be established a Notary Chamber of Bulgaria. All notaries shall be members of the Notary Chamber of Bulgaria by right. (2) The Notary Chamber of Bulgaria shall be a legal person with registered office in Sofia. (3) (New, SG No. 18/2003) Notary associations shall be established in the geographical jurisdiction of each appellate court to assist the operation of the Notary Chamber of Bulgaria and the practice of the notaries. A separate notary association shall be established for the City of Sofia. (4) (New, SG No. 18/2003) The status and the functions of the notary associations shall be determined in the Statute of the Notary Chamber of Bulgaria. Register of the Notary Chamber of Bulgaria Article 5. A register shall be kept at the Notary Chamber of Bulgaria. The notaries, assistant notaries, and the relevant circumstances thereto appertaining as provided for in the law shall be recorded in the said register. Duty to Record Article 6. Any person who, under the law, is obligated to declare any circumstance subject to recording in the register referred to in Article 5 herein, or to submit any documents, must do so within seven days after the occurrence of the circumstance, save as where the law prescribes another time limit. Public Access to Register of Notary Chamber of Bulgaria Article 7. Every person shall have the right to inspect the Register of the Notary Chamber of Bulgaria and to obtain an abstract therefrom.
Chapter Two NOTARY Section I Admission to Notarial Practice Qualifications Article 8. (1) Admission to notarial practice shall be limited to capable natural persons who have not attained the age of sixty years, who hold solely Bulgarian citizenship, and who possess the following qualifications: 1. graduation in law from a higher educational establishment; 2. (amended, SG No. 18/2003) attainment of licensed competence to practise law under the Judicial System Act; 3. (amended, SG No. 18/2003) completion of three years' length of service; 4. no record of sentences imposing a penal sanction of deprivation of liberty for a premeditated criminal offence, irrespective of whether they have been rehabilitated or not; 5. no disqualification from notarial practice; 6. no disbarment or disqualification from practice of commercial business; 7. no status as subject to bankruptcy proceedings or as an undischarged bankrupt, and no conviction for fraudulent bankruptcy; 8. recording in the register referred to in Article 5 herein. (2) (Supplemented, SG No. 29/2004, SG No. 43/2005, SG No. 39/2006, amended, SG No. 64/2007) The time served as judge, prosecutor, investigating magistrate, lawyer, arbitrator, junior judge, junior prosecutor, junior investigating magistrate, court assistant at the Supreme Court of Cassation or the Supreme Administrative Court, prosecutor assistant at the Supreme Prosecution Office of Cassation or the Supreme Administrative Prosecution Office, executive judge, public enforcement agent, private enforcement agent, assistant private enforcement agent, notary, recording magistrate, assistant notary, researcher in legal science, court inspector, expert on legislation or in the judicial authorities, legal advisor, legal consultant or expert on legal matters in the state or municipal administration, in the position of investigating magistrate in the system of the Ministry of Interior or investigating magistrate in the system of the Ministry of Defence, shall count towards the length of service for the purposes of Item 3 of Paragraph (3). Incompatibility of Duties Article 9. (1) A notary cannot practise as notary and concurrently: 1. (Amended, SG No. 69/1999) be a national representative, government minister, mayor, or municipal councillor; 2. hold office in a state or municipal body; 3. be employed under an employment relationship; 4. practice the legal profession; 5. engage in commercial business, be a managing director or a member of supervisory, management or controlling bodies of any commercial corporations or cooperatives. (2) Upon discontinuance of any activity covered under Item 1 of Paragraph (1), the notary shall be re-admitted to practice under the terms established by Article 39 herein. Creation of Notary Vacancies. Announcement of Competitive Examination (Title supplemented, SG No. 18/2003) Article 10. (1) (Amended, SG No. 123/1997) There may be not fewer than two notary vacancies in a particular geographical jurisdiction. One notary vacancy shall be created per 10,000 population in each particular geographical jurisdiction. (2) (Amended and supplemented, SG No. 18/2003) Notary vacancies shall filled on the basis of a competitive examination scheduled by an order of the Minister of Justice. The Board of Notaries shall state its opinion within fourteen days. The Minister of Justice may furthermore appoint a competitive examination on a motion by the Board of Notaries. (3) Any order referred to in Paragraph (2) shall be communicated in writing to the Notary Chamber of Bulgaria. Any effective order shall be promulgated in the State Gazette. (4) Should more notaries be necessary than the apportionment under Paragraph (1), the Minister of Justice may, acting on his or her own initiative or on a motion by the Board of Notaries, create additional notary vacancies in the geographical jurisdiction concerned. (5) (New, SG No. 18/2003) A notary recorded in the Register of the Notary Chamber of Bulgaria may transfer to another geographical jurisdiction by permission of the Minister of Justice. Application Procedure Article 11. (1) (Amended, SG No. 18/2003) Within one month after promulgation of the order referred to in Article 10 (2) herein, applicants shall submit to the Minister of Justice an application in writing for admission to the competitive examination. Any such application shall state the name, the Standard Public Registry Personal Number, the address and the profession or trade practiced by the applicant, as well as the succession of geographical jurisdictions wherefor the said applicant applies. In a single competitive examination, an applicant may state up to three geographical jurisdictions. (2) (Supplemented, SG No. 41/2006) Documents for paid state tax, certifying birth, graduation in law from a higher educational establishment and attainment of licensed competence to practise law, length of service and place of work, a conviction status certificate, a declaration stating that the applicant does not holding any citizenship other than Bulgarian, a declaration under Items 5, 6 and 7 of Article 8 herein, and a medical certificate shall be attached to any application referred to in Paragraph (1). (3) (Amended, SG No. 18/2003) Should no applicants apply for all vacancies in a particular geographical jurisdiction, the time limit for application shall be extended by one month. In such a case, persons who have attained the age of 60 years shall also be eligible to apply for the geographical jurisdiction concerned. Competitive Examination for Admission to Notarial Practice Article 12. (1) (Amended, SG No. 123/1997 and SG No. 18/2003) The terms and procedure for conduct of a competitive examination shall be established by an ordinance issued by the Minister of Justice after consultation with the Board of Notaries. (2) (Amended, SG No. 123/1997 and SG No. 18/2003) A competitive examination shall be conducted by a commission composed of a chairperson, representing the Ministry of Justice, designated by the Minister of Justice, and four members: a Supreme Court of Cassation judge, designated by the President of the Supreme Court of Cassation, two notaries, designated by the Board of Notaries, and an academic degree holder teaching civil law sciences, designated by the Minister of Justice. (3) (Amended, SG No. 18/2003) The commission referred to in Paragraph (2) shall transmit a memorandum stating the results of the competitive examination to the Minister of Justice, who within fourteen days shall issue an order on recording in the Register of the Notary Chamber of Bulgaria of the applicant who was ranked as best qualified in the relevant geographical jurisdiction. (4) (Amended, SG No. 18/2003) The order referred to in Paragraph (3) shall be communicated to the applicants for the relevant geographical jurisdiction and to the Board of Notaries and shall be appealable according to the procedure established by the Administrative Procedure Code. (5) (New, SG No. 41/2006) The Ministry of Justice shall collect a state tax for the competition the amount of which shall be fixed by a rate schedule approved by the Council of Ministers. Notary's Office Article 13. (1) Upon entry into force of the order on entry in the Register, the applicant for admission to notarial practice shall be obligated to procure a notary's office, which may be shared with other applicants or practising notaries of the same geographical jurisdiction. (2) (Amended, SG No. 18/2003) A notary's office must have two or more functionally connected premises which shall mandatorily accommodate the notary's chambers and the notary's professional records. (3) (Amended, SG No. 18/2003) A notary may have a single notary's office within the area of practice thereof. The notary's office must satisfy conditions which guarantee the safe custody of the records and the proper performance of the professional duties of the notary. Recording in Register of Notary Chamber of Bulgaria Article 14. (1) Recording in the Register of the Notary Chamber of Bulgaria shall be effected by decision of the Board of Notaries. (2) To record a notary in the Register: 1. the order of the Minister of Justice on recording must have entered into force; 2. the notary must submit a declaration in writing to the effect that the incompatibility of duties covered under Article 9 herein does not apply; 3. (Amended, SG No. 18/2003) the address of the notary's office must be stated, and the requirements covered under Article 13 (2) and (3) herein must be complied with; 4. (Amended and supplemented, SG No. 123/1997) a documentary proof of a real right held to the notary's office or a recorded lease agreement, a declaration of the origin of the resources invested in procurement of the notary's office, completed in a standard form approved by the Minister of Justice, must be presented; 5. a documentary proof of insurance contracted under Article 30 herein must be presented; 6. a specimen of the impression of a seal, as approved by the Minister of Justice, must be presented; 7. a specimen of the notary's signature must be presented. (3) Conformity with the requirements covered under Items 1, 2, 5 and 7 of Paragraph (2) shall suffice for recording of an assistant notary. (4) (Amended and supplemented, SG No. 123/1997, amended, SG No. 18/2003) Recording in the Register must be requested and the requirements covered under Paragraphs (2) and (3) must be complied with within three months after the entry into force of the order on recording. Should a notary vacancy remain unfilled, the Minister of Justice shall order the recording of the next ranked applicant. (5) (New, SG No. 18/2003) Within one month after receipt of a request for recording in the Register, the Board of Notaries shall conduct an inspection of the notary's office of the applicant as to compliance with the requirements established by Article 13 (2) and (3) herein. A memorandum shall be drafted, stating the findings of any such inspection, and the said memorandum shall be attached to the request as a matter of course. Administration of Oath Article 15. (1) Upon declaration of any decision referred to in Article 14 (1) herein, the applicant shall take the following oath of office before the Board of Notaries, unless previously sworn in: "I do swear that I will accurately observe the Constitution and the laws of the Republic of Bulgaria, that I will honestly, faithfully and impartially perform the duties of my office, that I will be worthy of the confidence and respect requisite to the profession, that I will contribute to the upgrading of the prestige of the profession, and that I will safeguard privileged information, always remembering that I shall be held responsible for all before the law. I have sworn to it!" (2) An Oath Paper shall be signed upon administration of the oath of office. (3) Recording in the Register shall be effected after the Oath Paper is signed. Registrable Particulars Article 16. (1) There shall be recorded in the Register: 1. the area of practice; 2. the name and Standard Public Registry Personal Number of the notary or the assistant notary, as the case may be; 3. the address of the notary's office; 4. the term of office of the assistant notary, inter alia upon substitution; 5. (Supplemented, SG No. 18/2003) the corporate name and registered office of the insurer, as well as the amount of the sum insured; 6. (New, SG No. 18/2003) the particulars referred to in Articles 41, 42 and 46 herein. (2) (Supplemented, SG No. 18/2003) The persons recorded in the Register of the Notary Chamber of Bulgaria must declare for recording any alteration in registrable particulars within seven days.
Section II Notary's Rights and Duties Independence Article 17. (1) (Redesignated from Article 17, SG No. 18/2003) A notary shall be independent in the performance of the functions thereof and shall comply solely with the law. (2) (New, SG No. 18/2003) The Minister of Justice and the Board of Notaries shall be notified upon detention of any notary or upon indictment of any notary as accused of a criminal offence at public law. Cooperation and Respect Article 18. A notary shall be entitled to cooperation and respect in the performance of the functions thereof. Access to Documents Article 19. (Amended, SG No. 18/2003) A notary shall be entitled to gain free access to the judicial and administrative services and may make searches of case and proceeding records, as well as request copies, transcripts and documents and obtain information and certificates on a basis of priority. Seeing Client in Private Article 20. In the performance of the official functions thereof, a notary shall see the person who has sought his or her professional aid in private, save as where the said person wishes that other persons be present as well. Inviolability of Professional Records Article 21. (1) The professional records of any notary shall be inviolable. and no person shall have the right of access thereto without the notary's consent except in the instances provided for by a law. (2) Any person, who has been granted access to the professional records of any notary, must safeguard privileged information on terms established by the notary himself or herself, and must notify the notary of any acts performed which affect the records. Notary's Other Acts Article 22. Where so directed by the parties, a notary may, in connection with the notarial proceedings, prepare and verify drafts of documents, offer oral or written advice, mediate to clarify the will of the parties, consult records, obtain documents, papers and other such, as well as act as an executor of wills or administrator of estates. Duty to Aid Article 23. A notary shall consider all requests for professional aid wherewith he or she is approached, unless interested in performance of the act requested or unless being in a special relationship with the party which may give rise to reasonable doubt of the notary's impartiality. Impartiality Article 24. In the performance of the official functions thereof, a notary may not favour any party more than another. Protection of Parties' Rights and Interests Article 25. (1) A notary must protect the rights and interests of the parties, provide guidance to the parties, clarify the will and actual position of the parties, familiarize the parties clearly and unambiguously with the legal consequences, and not admit omissions or unreasonable delay in work which might lead to impairment of the parties' rights. (2) (New, SG No. 19/1.03.2005) Before drafting the relevant act, the notary shell verify whether the injunction has been imposed under the Criminal Assets Forfeiture Act. (3) (Amended, SG No. 123/1997 and SG No. 36/2004, renumbered from Paragraph 2, SG No. 19/2005) Upon executing any recordable acts, if so requested by the parties, the amount due to the seller or exchanger shall be deposited in the bank account of the notary who shall present a document certifying the said deposit at the Recording Office. (4) (New, SG No. 123/1997, amended, SG No. 36/2004, renumbered from Paragraph 3, SG No. 19/2005) A notary shall present any recordable acts to the Recording Office on the day of execution of the said acts. Prior to recording, a notary may not furnish the parties with a transcript of the recordable act. (5) (New, SG No. 18/2003, amended, SG No. 36/2004, renumbered from Paragraph 4, SG No. 19/2005) Any acts recordable in another geographical jurisdiction shall be transmitted to the recording offices through official channels at the directive of the recording magistrate. The costs of any such transmittal shall be for the account of the parties. (6) (New, SG No. 123/1997, renumbered from Paragraph (4), SG No. 18/2003, renumbered from Paragraph 5, amended SG No. 19/2005) In the cases referred to in Paragraph (3), the notary shall pay the amounts due to the seller or to the exchangers after the recording. (7) (New, SG No. 18/2003, renumbered from Paragraph 6, SG No. 19/2005) Upon effecting of any transactions for disposition, the parties shall be obligated to present to the notary a declaration of citizenship and civil status completed in a standard form endorsed by the Minister of Justice. Safeguarding Privileged Information Article 26. (1) A notary must safeguard the secrecy of any circumstances which come to his or her knowledge in connection with the practice thereof, and may not use the said knowledge to his, her, or another's advantage. (2) The duties covered under Paragraph (1) shall furthermore extend to the time where the notary does not perform the functions thereof or where the practice thereof is suspended. Continuous Practice Article 27. The Minister of Justice shall determine the opening hours of notary's offices and the conditions whereon the said offices may be temporarily closed. Professional Records Article 28. (1) (Amended, SG No. 18/2003) Each notary shall keep self-contained professional records. The terms and procedure for record- keeping shall be established by an ordinance issued by the Minister of Justice after consultation with the Board of Notaries. (2) (New, SG No. 18/2003) The professional records shall consist of: 1. notarial registers and books; 2. notarial case files; 3. other documents; 4. a seal of the notary. (3) (Renumbered from Paragraph (2) and amended, SG No. 18/2003) Any case files and documents belonging to the professional records of a notary may be removed outside the notary's office solely proceeding from a written directive (ruling, directive, warrant) by a judge or a prosecutor. Transcripts shall be delivered, upon signed acknowledgement, to an official expressly indicated by name in the directive. (4) (New, SG No. 18/2003) The originals of the documents kept in the professional records may be removed outside the notary's office in the cases of an express directive under Paragraph (3) by the notary in person, and expert examination of any such originals may be conducted solely in the presence of the said notary. (5) (New, SG No. 18/2003) The seal of a notary may be seized or a notary's office may be sealed solely if the notary has been excluded from practice. Notarial Registers and Books Article 28a. (New, SG No. 18/2003) (1) Each notary shall keep: 1. a general register; 2. an alphabetical index; 3. a register to record the delivery for safekeeping, the return and the reading of holographic wills, as well as the acceptance and return of documents and papers delivered for safekeeping; 4. a book formed by filing notarial and other recordable acts and documents; 5. a book formed by filing notarized wills and acts of revocation of wills; 6. a book of notarial invitations, protests, statements of ascertainment, and transcripts of documents of certified contents; 7. a delivery book. (2) The general register referred to in Item 1 of Paragraph (1) and the books referred to in Items 6 and 7 of Paragraph (1) shall be preserved for a period of ten years, and shall be subject to destruction upon the lapse of the said period after consultation with the relevant state archive. (3) The alphabetical index referred to in Item 2 of Paragraph (1), the register referred to in Item 3 of Paragraph (1), and the books referred to in Items 4 and 5 of Paragraph (1) shall be preserved for a period of 100 years, and upon the lapse of the said period shall be subject to delivery for permanent safe custody to the relevant state archives. (4) The results of searches in the notarial case files shall be available solely to the parties, to the legal successors thereof, as well as to the legal or authorized representatives thereof. Where the authorized representative is not a lawyer, he or she must be authorized expressly by a notarized power of attorney. Notification of Regional Court President Article 29. A notary shall forthwith notify the President of the Regional Court of any displacement of the notary's office and of the professional records thereof. Insurance Article 30. (1) (Redesignated from Article 30, SG No. 18/2003) Each notary shall contract insurance for the time of practice thereof against loss or injury which may arise from culpable non-fulfilment of the obligations thereof, as well as of the obligations of the assistant notary and the employees of the notary's office. The minimum and maximum amount of the sum insured shall be determined by the Notary Chamber of Bulgaria. (2) (New, SG No. 18/2003) Within seven days after conclusion of the contract referred to in Paragraph (1), the notary shall be obligated to present a copy of the insurance policy to the Notary Chamber of Bulgaria. Social Security Article 31. Each notary shall be subject to compulsory social insurance under the terms and according to the procedure established in respect of practitioners of liberal professions. Notary Chamber of Bulgaria Membership Subscription Fees Article 32. Each notary shall pay a mandatory membership subscription fee in favour of the Notary Chamber of Bulgaria under terms and according to a procedure established by the Statute of the Chamber and the resolutions of the General Meeting. Accounts Article 33. Each notary shall keep accounts. Professional Ethics and Qualifications (Title amended, SG No. 18/2003) Article 34. (1) (Supplemented, SG No. 18/2003) A notary shall be obligated to observe professional ethics and to uphold the prestige of the profession according to the Statute of the Notary Chamber of Bulgaria. (2) (Amended, SG No. 18/2003) A notary shall be obligated to initiate into the practice, to train and provide guidance to the assistant notary, as well as the notary's employees. Notaries' Association Article 34a. (New, SG No. 123/1997, amended, SG No. 18/2003) Notaries shall be free to associate and to act jointly under the terms of a civil-law partnership according to the procedure established by Articles 357 to 364 of the Obligations and Contracts Act. In such cases, the notaries shall keep self-contained records. Notary Relocation Article 34b. (New, SG No. 18/2003) (1) A notary may be relocated owing to important reasons to another area of practice on the basis of a reasoned application by the said notary to the Minister of Justice, provided a vacancy referred to in Article 10 herein is created in the said area. (2) The Minister of Justice shall pronounce within fourteen days after receipt of any application referred to in Paragraph (1). The order shall be communicated to the notary and to the Board of Notaries according to the procedure established by the Code of Civil Procedure. (3) A relocation order shall be appealable by the Board of Notaries according to the procedure established by the Administrative Procedure Code, if the relocation has been effected in breach of the legal requirements. A refusal to grant relocation shall be appealable by the notary according to the procedure established by the Administrative Procedure Code. (4) Articles 13, 14, 16, 36 and 38 herein shall apply upon the relocation of any notary.
Section III Exclusion from, and Re-admission to, Notarial Practice Grounds for Exclusion from Practice Article 35. A notary shall be excluded from practice: 1. upon request of the notary, submitted in writing to the Board of Notaries; 2. by death or interdiction; 3. upon occurrence of a disqualification covered under Article 8 herein or an incompatibility covered under Article 9 herein; 4. (New, SG No. 18/2003) upon imposition of any disciplinary sanction under Item 4 of Article 75 (1) herein. Sealing and Inventorying of Professional Records Article 36. (1) Upon occurrence of any grounds covered under Article 35 herein, a notary may not perform any notarial or other acts provided for in the law whatsoever, and the professional records of the said notary shall be sealed. (2) The professional records shall be sealed and unsealed by order of the President of the District Court, and a memorandum with an inventory shall be drafted thereupon. (3) (Amended, SG No. 18/2003) The terms and procedure for sealing, unsealing and delivery of the professional records shall be regulated by an ordinance issued by the Minister of Justice after consultation with the Board of Notaries. (4) Enforcement or process to secure property on premises registered as a notary's office may be proceeded with solely after delivery of the notary's professional records. Striking Off Article 37. (1) Striking off the Notary Chamber of Bulgaria Register shall be effected as a matter of course by the Board of Notaries, and there shall be noted in the Register: 1. (Amended, SG No. 18/2003) the grounds for exclusion from notarial practice; 2. the date and the name of the person whereto the records have been delivered. (2) A notary shall be excluded from practice by the striking thereof off the register, except in the cases covered under Item 2 of Article 35 herein. (3) (Amended, SG No. 18/2003) The Board of Notaries shall notify the Minister of Justice within three days after a striking off, and the said Minister may schedule a competitive examination if the prerequisites under Article 10 herein exist. Notarial Acts Affecting Records as Delivered Article 38. The notary or the recording magistrate, as the case may be, shall perform notarial acts solely affecting the documents and papers available in the records. Re-admission to Practice Article 39. (1) A notary shall be re-admitted to practice upon his or her own request, should the said notary have been excluded from practice on any of the following grounds: 1. suspension from practice for a specified period: upon expiration of the said period; 2. engagement in incompatible activity covered under Item 1 of Article 9 (1) herein: upon cessation of the said activity. (2) A request for Re-admission to practice shall be submitted to the Board of Notaries within on month after elimination of the grounds for exclusion. (3) Any Re-admission to practice shall be recorded in the Register of the Notary Chamber of Bulgaria according to the procedure established by Article 14 herein. (4) The person, who has taken delivery of the professional records of a suspended notary, shall be obligated to redeliver the said records upon Re- admission of the said notary to practice.
Section IV Assistant Notary Competence Article 40. (1) (Amended, SG No. 18/2003) An assistant notary may perform all acts within the notary's competence, following the notary's directions, with the exception of: 1. any acts whereby real rights to corporeal immovables are created, transferred, altered or terminated; 2. any acts whereby the right of ownership or limited real rights to corporeal immovables are acknowledged; 3. any acts of notarized will and of revocation of a notarized will; 4. any acts whereby mortgages are raised or discharged. (2) The assistant notary shall use the professional records and the seal of the notary, adding to his or her own signature the designation "assistant." (3) The notary shall be liable solidarily with the assistant notary for any loss or injury as may arise from culpable non-fulfilment of the obligations of the said assistant notary. (4) Insofar as there are no specific rules, the rules applicable to notaries shall apply to assistant notaries. (5) (New, SG No. 18/2003) The relations between notary and assistant notary shall be regulated by contract. Admission to Practice Article 41. (1) (Amended, SG No. 18/2003) A notary may appoint one assistant notary from amongst the persons who satisfy the requirements for admission to notarial practice, regardless of the age and length of service thereof. (2) (Amended, SG No. 18/2003) The Minister of Justice shall issue an order on the recording of the assistant notary in the Register of the Notary Chamber of Bulgaria, acting on a written application by the notary, countersigned by the applicant. The documents listed under Article 11 (2) herein must be attached to any such application. A term of office for the assistant notary may furthermore be specified in any such application. (3) Recording in the Register of the Notary Chamber of Bulgaria shall follow the procedure established by Articles 14, 15 and 16 herein. Exclusion from Practice Article 42. (1) An assistant notary shall be excluded from practice: 1. upon request of the assistant notary, submitted in writing to the notary; 2. by the assistant notary's or the notary's death or interdiction; 3. upon occurrence of a hindrance covered under Article 8 herein or an incompatibility covered under Article 9 herein; 4. upon written request by the notary to the Board of Notaries; 5. upon expiration of the term of office fixed by the notary and by striking of the notary off the Register of the Notary Chamber of Bulgaria. (2) The striking of an assistant notary off the Notary Chamber of Bulgaria Register shall be effected as a matter of course or at the request of the notary, and the grounds under Paragraph (1) shall be recorded in the register. (3) An assistant notary shall be excluded from practice by striking off the register save in the instances covered under Items 2 and 5 of Paragraph (1).
Section V Probationary Notary (Repealed, SG No. 18/2003) Competence Article 43. (Repealed, SG No. 18/2003). Admission to Practice Article 44. (Repealed, SG No. 18/2003). Exclusion from Practice Article 45. (Repealed, SG No. 18/2003).
Section VI Substitution for Notary Substitution for Notary by Assistant Notary. Admission to Substitution (Title supplemented, SG No. 18/2003) Article 46. (1) (Amended, SG No. 18/2003) When a notary is absent or is unable to perform the functions thereof, the said notary may be substituted for by an assistant notary who has the length of service required under Item 3 of Article 8 (2) herein and has taken an examination. In such a case, the assistant notary shall independently perform all acts within the notary's competence, adding to the signature thereof the designation "by substitution." (2) (New, SG No. 18/2003) The notary and the assistant notary applicant shall submit a written application to the Minister of Justice, attaching the documents covered under Article 11 (2) herein. The period of substitution, which may not be longer than two years reckoned from the recording in the Register, shall be specified in the said application. (3) (New, SG No. 18/2003) The assistant notary applying as notary substitute shall take an examination under terms and according to a procedure established by an ordinance of the Minister of Justice after consultation with the Board of Notaries. (4) (New, SG No. 18/2003) The examination referred to in Paragraph (3) shall be conducted by a commission composed of: a representative of the Ministry of Justice, designated by the Minister of Justice, a notary and a notary inspector designated by the Board of Notaries. (5) (New, SG No. 18/2003) The commission referred to in Paragraph (4) shall submit the memorandum stating the results of the competitive examination to the Minister of Justice, who within seven days shall issue an order on recording in the Register of the Notary Chamber of Bulgaria. (6) (New, SG No. 18/2003) The order referred to in Paragraph (5) shall be communicated to the applicant and to the Board of Notaries and shall be appealable according to the procedure established by the Administrative Procedure Code. (7) (Renumbered from Paragraph (2), SG No. 18/2003) Any substitution referred to in Paragraph (1) shall be recorded in the Register of the Notary Chamber of Bulgaria, applying Articles 41 and 42 herein, mutatis mutandis. (8) (New, SG No. 41/2006) The Ministry of Justice shall collect a state tax for the examination, under paragraph 3, the amount of which shall be fixed by a rate schedule approved by the Council of Ministers. Substitution for Notary by Another Notary Article 47. (1) A notary may be substituted for by another notary of the same geographical jurisdiction. Relations between any two such notaries shall be regulated by contract. (2) The substituting notary shall use the professional records of the substituted notary, affixing his or her own signature and seal to any certified document and noting the fact of substitution. (3) Should the professional records of the substituted notary be displaced during the time of substitution, Article 29 herein shall apply. (4) (New, SG No. 18/2003) The period of any substitution under Paragraph (1) may not be longer than two years reckoned from the conclusion of the contract. Substitution for Notary by Recording Magistrate Article 48. (1) (Amended, SG No. 123/1997) Should a notary be absent or be not in a position to perform the functions thereof, and should no substitute be available in the geographical jurisdiction, the said notary shall be obligated to notify the recording magistrate who shall take over the substitution therefor for the duration of any such time in respect of performance of urgent notarial acts. In such a case, Article 47 (2) herein shall apply, mutatis mutandis. (2) Should the notary have failed to provide access to the records required for the substitution therefor, for the purposes of performance of urgent notarial acts the President of the Regional Court, acting at the request of the interested party, shall decree entering of the notary's office, opening of the required records, and performing of the notarial act by the recording magistrate.
Section VII Notary's Employees Safeguarding Privileged Information Article 49. A notary's employees shall be obligated to safeguard privileged information on terms established by the notary himself or herself. Assignment of Service of Communications and Delivery of Papers Article 50. (Amended, SG No. 59/2007) A notary may assign a specified employee in the notary's office to service communications and deliver papers under the terms and according to the procedure established by Articles 37 to 58 of the Code of Civil Procedure.
Chapter Three NOTARY CHAMBER OF BULGARIA Section I General Provisions Statute Article 51. The Notary Chamber of Bulgaria shall adopt a Statute regulating the organization and operation thereof. Bodies and Representation Article 52. (1) The bodies of the Notary Chamber of Bulgaria shall be the General Meeting, the Board of Notaries, the Supervisory Board, and the Disciplinary Commission. (2) The Notary Chamber of Bulgaria shall be represented by the Chair of the Board of Notaries or, in the absence of the said Chair, by the deputy chairs in order of seniority. Property Article 53. (1) The property of the Notary Chamber of Bulgaria shall consist of: 1. the mandatory entrance and annual membership subscription fees and the additional contributions paid by the members of the Chamber; 2. fees for services; 3. donations and successions; 4. other sources. (2) (Amended, SG No. 123/1997) The Notary Chamber of Bulgaria shall collect fees for entries effected in the Register thereof. The said fees shall be fixed by a rate schedule approved by the Council of Ministers.
Section II General Meeting of Notary Chamber of Bulgaria Composition Article 54. (1) The General Meeting shall be composed of all members of the Notary Chamber of Bulgaria. (2) There shall be ordinary and extraordinary general meetings. Convocation Article 55. (1) An ordinary general meeting shall be called annually on the last Saturday and Sunday of January. (2) The General Meeting shall be called by the Board of Notaries by publication of a notice in the State Gazette not less than two months before the date of the meeting. Any such notice shall state the agenda. (3) Should not less than one tenth of the members of the Chamber demand inclusion of a specified item into the agenda within twenty days after the publication, the Board of Notaries shall be obligated to publish an addendum supplementing the agenda not later than seven days before the date of the meeting. Quorum and Proxies Article 56. (1) A general meeting shall be held provided two thirds of the members of the Chamber are present thereat in person or by proxy. Unless a quorum is present, the meeting shall stand adjourned to a time within one hour thereafter, and the transaction of business at the meeting held after that time shall be valid regardless of the number of members present. (2) Voting shall be either in person or by proxy, who may be a notary or an assistant notary. The proxy must hold a power of attorney in writing. One proxy may not represent more than three members of the Chamber. Any such power of attorney shall be presented to the Chair of the Board of Notaries or to the Administrative Secretary of the Chamber before the opening of the meeting. Competence Article 57. The General Meeting shall exercise the following powers: 1. adopt the Statute of the Notary Chamber of Bulgaria; 2. (Supplemented, SG No. 123/1997) elect and remove the Chair and the members of the Board of Notaries, of the Supervisory Board and of the Disciplinary Commission for a term of thee years, determining the number of members thereof and fixing the compensation of the said members; 3. (Amended, SG No. 18/2003) determine the minimum and maximum amount of the sum insured referred to in Article 30 (1) herein; 4. resolve on contracting of group insurance; 5. create a guaranty find for indemnification upon occurrence of risks uncovered by compulsory insurance or in the event of expired and unrenewed insurance, and resolve on creation of other pecuniary funds; 6. determine the amount of the mandatory entrance and annual membership subscription fees; 7. resolve on additional pecuniary contributions; 8. discuss and approve the budget of the Chamber; 9. pass on the bringing of actions by the Notary Chamber of Bulgaria against members of the bodies thereof, or discharge such members from liability; 10. (New, SG No. 18/2003) resolve on acquisition and alienation of corporeal immovables and real rights thereto; 11. (Renumbered from Item 10, SG No. 18/2003) resolve on any other matters provided by the Statute. Decision-Making Article 58. (1) The General Meeting shall pass resolutions by a majority of more than one half of the members present. Any resolution covered under Item 1, 2 and 7 of Article 57 herein shall require the affirmative vote of more than two thirds of the members present. (2) (New, SG No. 18/2003) Where, in an election referred to in Item 2 of Article 57 herein, it is proceeded with a subsequent vote, the nominees who have garnered the most votes shall be considered elected. Should two or more nominees garner an equal number of votes, the nominee who has practised law for a longer period of time, as referred to in Article 8 (2) herein, shall be considered elected. (3) (Renumbered from Paragraph (2), SG No. 18/2003) No resolutions may be passed on any matter which is not included in the agenda, with the exception of removal of members of the Chamber's bodies and election of new members in the place thereof. Extraordinary General Meeting Article 59. (1) An extraordinary general meeting may be called by the Board of Notaries, the Supervisory Board or the Minister of Justice on an agenda thereby appointed. (2) The Board of Notaries shall be obligated to call an extraordinary general meeting on the written requisition of one tenth of the members of the Chamber, who shall state the agenda in the requisition. Should the Board of Notaries fail to do so within fourteen days after submission of the requisition, the General Meeting shall be called by the requisitionists. (3) Articles 55 and 56 herein shall apply, mutatis mutandis, to the convocation and conduct of an extraordinary general meeting. Appealability of Resolutions Article 60. (1) Any resolution passed by the General Meeting shall be appealable before the Supreme Administrative Court within seven days after the date of resolution. (2) Any such appeal may be joined by any member of the Chamber or may be supported thereby, even if the appellant withdraws the said appeal. (3) Any resolution passed by the General Meeting shall furthermore be appealable by the Minister of Justice if affecting an interest of State. Coercive Enforcement Article 61. (Amended, SG No. 59/2007) In respect of the sums due, the Notary Chamber of Bulgaria shall have the option, acting on a resolution of the General Meeting, to move for the issuance of an enforcement order under Article 410 (1) of the Code of Civil Procedure regardless of the amount of the said sums.
Section III Board of Notaries Composition Article 62. (1) A Board of Notaries shall be elected to comprise not fewer than five regular and two alternate members, with a Chair and a Deputy Chair elected from amongst the regular members. (2) Should the Board of Notaries be of a larger composition, two Deputy Chairs shall be elected from amongst the regular members. (3) (Supplemented, SG No. 123/1997, amended, SG No. 18/2003) To be eligible for membership of the Board of Notaries, a person must: 1. have at least two years' length of service as a notary; 2. have not been elected as member of the said body for more than two consecutive terms of office; (4) Members who are unable to participate or who withdraw from the Board of Notaries shall be substituted for by the alternate members in order of seniority of the length of service until elimination of the obstacle or until expiry of the term of office, as the case may be. (5) The alternate members shall substitute for the Chair and the Deputy Chairs solely in the capacity of the latter as members of the Board of Notaries. Convocation Article 63. (1) The Board of Notaries shall be called to an ordinary meeting by the Chair at least once monthly. (2) The Chair of the Board of Notaries shall be obligated to call the Board to an extraordinary meeting on the written requisition of one third of the regular members, who shall state the agenda in the requisition. Should the Chair fail to do so within seven days after submission of the requisition, the extraordinary meeting shall be called by the requisitionists. (3) An extraordinary meeting of the Board of Notaries may furthermore be called by the Minister of Justice on an agenda thereby appointed. Quorum Article 64. The Board of Notaries may take action if two thirds of the members of the Board are present at the meeting. Competence Article 65. (1) (Redesignated from Article 65, SG No. 18/2003) The Board of Notaries shall exercise the following powers: 1. direct the operation of the Notary Chamber of Bulgaria; 2. call the General Meeting, implement the resolutions thereof, and report thereto; 3. elect the Deputy Chairs; 4. determine the staff size and select the Administrative Secretary of the Chamber; 5. organize the keeping of the Register of the Notary Chamber of Bulgaria, decide on the effecting of entries, notations and deletions in the said register, and perform the mandatory acts when a notary forfeits notary's rights; 6. (Amended, SG No. 123/1997) select a notary for member of the competitive examination commission; 7. (Repealed, SG No. 18/2003); 8. monitor compliance with the obligations of the notaries and the assistant notaries, and take part through its representatives in disciplinary proceedings against such notaries and assistants in the prescribed cases; 9. (Amended, SG No. 18/2003) direct and implement the activity for continuing education of notaries and of assistant notaries, as well as employees, and take care of the protection of the professional rights thereof; 10. perform all duties which, under the law, the Statute or by resolution of the General Meeting, do not lie within the competence of another body. (2) (New, SG No. 18/2003) The Board of Notaries shall notify the Minister of Justice of the results of the checks referred to in Item 8 of Paragraph (1). Decision-Making Article 66. (1) The Board of Notaries shall make decisions by a majority of more than one half of the regular members present, and the alternate members present shall attend in a non-voting capacity. The alternate members shall have voting power when recruited to substitute for regular members of the Board. In a tie vote, the Chair shall have the casting vote. (2) The Board of Notaries may furthermore act without a meeting, if all voting members of the Board consent to the action so taken and sign the said action. Chair of Board of Notaries Article 67. (1) The Chair of the Board of Notaries shall organize, direct and be responsible for the overall operation of the Board. (2) The Chair of the Board of Notaries shall perform the following functions: 1. appoint the Administrative Secretary, the employees and the support staff of the Notary Chamber of Bulgaria; 2. (Amended, SG No. 18/2003) manage and steward the property of the Notary Chamber of Bulgaria; 3. implement the budget of the Notary Chamber of Bulgaria. Administrative Secretary Article 68. (1) The Administrative Secretary shall perform the following functions: 1. direct the financial and estate management operations; 2. coordinate the operation of the subsidiary bodies; 3. organize the meetings of the Board of Notaries, prepare the materials for such meetings, and direct the immediate implementation of the decisions of the Board; 4. direct and organize the work of the employees and of the support staff and make technical and administrative arrangements for the overall operation of the Notary Chamber of Bulgaria. (2) The Administrative Secretary may or may not be a member of the Notary Chamber of Bulgaria.
Section IV Supervisory Board Composition Article 69. (1) (Amended and supplemented, SG No. 123/1997, redesignated from Article 69 and amended, SG No. 18/2003) The Supervisory Board shall be composed of not fewer than three members. (2) (New, SG No. 18/2003) Eligibility for membership of the Supervisory Board shall be limited to members of the Notary Chamber of Bulgaria who: 1. have at least two years' length of service as a notary; 2. have not been elected as member of the said body for more than two consecutive terms of office. Competence Article 70. (1) The Supervisory Board shall control the financial and estate-management operation of the Notary Chamber of Bulgaria and shall report to the General Meeting. (2) Upon ascertainment of any violation of the law, of the Statute of the Notary Chamber of Bulgaria, of a resolution of the General Meeting or of a decision of the Board of Notaries, the Supervisory Board shall prepare a report which shall be laid before the Board of Notaries or before the General Meeting, as the case may be. (3) The members of the Supervisory Board may attend the meetings of the Board of Notaries.
Section V Disciplinary Commission Composition Article 71. (1) The Disciplinary Commission shall be composed of not fewer than six members. (2) (Amended and supplemented, SG No. 123/1997, amended, SG No. 18/2003) Eligibility for membership of the Disciplinary Commission shall be limited to members of the Notary Chamber of Bulgaria who: 1. have at least two years' length of service as a notary; 2. have not been elected as member of the said body for more than two consecutive terms of office. Competence Article 72. The Disciplinary Commission shall hear and determine disciplinary actions brought against notaries and assistant notaries according to the procedure provided for in the law.
Chapter Four PECUNIARY LIABILITY Grounds Article 73. (1) (Supplemented, SG No. 123/1997) A notary shall incur pecuniary liability for any loss or injury inflicted by culpable non- fulfilment of the obligations thereof, in accordance with the Obligations and Contracts Act which, however, shall be limited to the extent of the certified proprietary interest. (2) The State shall not be liable for the acts of any notary.
Chapter Five DISCIPLINARY LIABILITY Breaches of Discipline Article 74. (1) Any notary and assistant notary shall incur disciplinary liability for culpable non-fulfilment of any obligations under the law and the Statute of the Notary Chamber of Bulgaria. (2) (Repealed, SG No. 18/2003). Disciplinary Sanctions Article 75. (Amended, SG No. 18/2003) (1) There shall be the following disciplinary sanctions: 1. censure; 2. a fine of BGN 100 or exceeding this amount but not exceeding BGN 1,000; 3. warning of an exclusion from practice; 4. suspension for a period of three months or exceeding this period but not exceeding five years. (2) The fine referred to in Item 2 of Paragraph (1) shall be collected in favour of the Notary Chamber of Bulgaria. Extinguishment of Disciplinary Liability Article 76. (1) (Redesignated from Article 76 and amended, SG No. 18/2003) Disciplinary liability shall be extinguished by limitation after a period of six months reckoned from the detection of the breach and not later than two years after the commission of the said breach. (2) (New, SG No. 18/2003) A breach of discipline shall be considered detected as from the point in time whereat the said beach has come to the notice of the authority referred to in Article 77 (1) herein. Should the breach have come to the notice of the authority referred to in Article 77 (1) herein in connection with a complaint or an alert submitted, the said authority shall be obligated to institute disciplinary proceedings within three months should the said authority determine that a breach of discipline has been committed. Institution of Disciplinary Proceedings Article 77. (1) (Amended, SG No. 18/2003) Disciplinary proceedings shall be instituted on a motion by the Minister of Justice or as proprio motu by a decision of the Board of Notaries. (2) The body which has initiated the institution of disciplinary proceedings shall notify the notary concerned, who may give explanations within seven days after notification. (3) The Board of Notaries shall transmit the records to the Chair of the Disciplinary Commission upon lapse of the time limit under Paragraph (2). (4) The Chair of the Disciplinary Commission shall appoint a chair and two members of a disciplinary panel, entrusting the said panel with the hearing of the disciplinary action. Hearing of Disciplinary Action Article 78. (1) The chair of the panel shall appoint a time for a hearing and shall solicit attendance by the notary concerned, a representative of the Board of Notaries and a representative of the Minister of Justice, where the disciplinary proceedings have been institution on a motion thereby. The notary shall have the right to legal counsel. (2) The hearings of the Disciplinary Commission shall be held in private. (3) All relevant evidence shall be admissible in disciplinary proceedings. Delivery of Determination Article 79. (1) The Disciplinary Commission shall deliver a reasoned determination on the disciplinary action. (2) Any such determination shall be rendered after deliberation in private by a majority of the members of the panel. (3) (New, SG No. 18/2003) A decision to impose a disciplinary sanction referred to in Item 4 of Article 75 (1) herein shall require the affirmative vote of more than two thirds of the members of the Disciplinary Commission. Absent a qualified majority, any such decision shall be made according to the procedure established by Paragraph (2). (4) (Renumbered from Paragraph (3) and amended, SG No. 18/2003) The Disciplinary Commission shall hear and determine the disciplinary action within one month after assignment. (5) (New, SG No. 18/2003) Any decision referred to in Paragraph (2) shall be communicated to the notary concerned, to the Board of Notaries and to the Minister of Justice according to the procedure established by the Code of Civil Procedure. The Minister of Justice shall designate by an order the official who shall certify service or receipt of any such communication. Appeal against, and Entry into Force of, Determination Article 80. (Amended, SG No. 18/2003) (1) The determination of the Disciplinary Commission shall be appealable by the notary concerned, by the Board of Notaries and by the Minister of Justice before the Supreme Court of Cassation within fourteen days after communication. (2) The determination of the Disciplinary Commission shall be appealable by the Minister of Justice even where the disciplinary proceedings have been instituted proprio motu by a decision of the Board of Notaries. (3) The Supreme Board of Cassation shall consider the appeal on the merits in a panel of three judges. The determination shall be subject to cassation appeal before a five-judge panel. Striking Off of Disciplinary Sanction Article 80a. (New, SG No. 18/2003) A disciplinary sanctions shall be stricken off if the following period has lapsed since the imposition thereof: 1. one year: applicable to any sanction referred to in Item 1 of Article 75 (1) herein; 2. two years, reckoned from the payment or enforced collection of the fine referred to in Item 2 of Article 75 (1) herein; 3. three years, reckoned from the imposition of the sanction referred to in Item 3 of Article 75 (1) herein; 4. five years, reckoned from the lapse of the period of the sanction referred to in Item 4 of Article 75 (1) herein.
Chapter Five a (New, SG No. 18/2003) CONTROL OVER NOTARIES' PRACTICE Form of Control Article 80b. (1) (Supplemented, SG No. 64/2007) The Minister of Justice shall exercise control over the practice of each notary as to implementation of the law and the Statute of the Notary Chamber of Bulgaria. The Minister of Justice shall assign joint inspections to the inspectors of the Inspectorate with the Minister of Justice under the Judiciary System Act and to the inspector notaries public under Article 80c, Paragraph 4. (2) A check of the practice under Paragraph (1) shall be ordered by the Minister of Justice on his own initiative, in connection with an alert or a complaint by an interested party, as well as on a motion by the Board of Notaries. Any such order shall be unappealable. (3) A memorandum shall be drafted on the findings of any checks referred to in Paragraph (2), and a copy of the said memorandum shall be transmitted to the Board of Notaries. Notary Inspector Status Article 80c. (1) (Repealed, SG No. 64/2007). (2) Eligibility for nomination as notary inspector shall be limited to members of the Notary Chamber of Bulgaria who have practised law for an aggregate exceeding ten years, of which three years as a notary. (3) The notary inspectors referred to in Paragraph (2) shall be elected by the general meeting of the relevant notary association for a term of three years. Any such resolution shall require the affirmative vote of more than one half of the members present. The total number of notary inspectors may not be smaller than ten. (4) After the election referred to in Paragraph (3), the Board of Notaries shall compile the list of notary inspectors and shall submit the said list to the Minister of Justice.
Chapter Six NOTARIAL FUNCTIONS OF NON-NOTARIES Common Rule Article 81. A person who is not a notary may perform notarial functions solely insofar as this is provided for by a law. Judicial Authorities Article 82. (1) Where there is no notary in the geographical jurisdiction, the notarial acts shall be performed by the recording magistrate at the competent regional court. (2) (Amended, SG No. 36/2004) Where there is a notary, the recording magistrate shall perform the notarial acts solely in respect of the documents and papers in the records of the Recording Office, as well as the notarial acts when substituting for a notary. Local Administration Authorities Article 83. (Amended, SG No. 18/2003) Where there is no notary or regional court in a nucleated settlement, the mayor of the said nucleated settlement, if not an administrative centre of a municipality or, if administrative centre of a municipality, the municipality mayor, the deputy mayor, the municipal secretary, as well as the lieutenant mayor, shall certify the signatures on private documents which are non-recordable deed polls, as well as the authenticity of transcripts and abstracts of documents and papers. Bulgarian Diplomatic Agents and Consular Officers Article 84. (Supplemented, SG No. 18/2003) The Bulgarian diplomatic agents and consular officers abroad may certify the date, contents and signatures of non recordable private documents, the authenticity of transcripts and abstracts of documents presented by Bulgarian citizens, and draft notarized wills of Bulgarian citizens. The signatures of foreign citizens shall be certified solely if the document is intended to operate in the Republic of Bulgaria.
Chapter Seven NOTARIAL FEES Section I General Provisions Grounds and Amount Article 85. (1) Notarial fees shall be charged for: 1. performance of notarial acts; 2. performance of other acts by a notary. (2) A notarial fee of an identical amount shall be charged for performance of an identical notarial act by a notary and a public authority. (3) (Amended, SG No. 123/1997) The amounts of notarial fees shall be fixed according to a rate schedule adopted by the Council of Ministers on a motion by the Minister of Justice after consultation with the Notary Chamber of Bulgaria. Payment Article 86. Notarial fees shall be credited to the revenue of: 1. the notary: in respect of any act whereof the performance is noted in the professional records of the said notary; 2. the municipal budget: in respect of any notarial acts performed by local administration authorities; 3. the state budget: in respect of any notarial acts performed by any other authorities, including substitution for a notary by a recording magistrate. Payers Article 87. Notarial fees shall be payable by the person whereof the request for professional aid has been considered by a notary or another authority performing notarial functions. Several payers shall be liable solidarily. Payability of Notarial Fees Article 88. (1) Notarial fees shall be payable upon performance of the requested act, and fees for verification of circumstances shall be payable upon submission of the request. (2) A notary shall have the right to demand payment of part of the fee due in advance. Collection of Notarial Fees Article 89. (1) A bill in two or more identical copies, signed by the notary, shall be prepared for collection of the notarial fees, and one of the copies of the said bill shall be delivered to the payer. (2) Any such bill shall itemize the provisions in pursuance whereof the fees are due, the certified proprietary interest or the time expended in the case of a pro rata fee, the amounts of the fees due and the extra expenses, the amount of prepayment and the consequences of non-payment. (3) (Amended, SG No. 59/2007) In respect of any unpaid notarial fees, the notary shall have the option to move for the issuance of an enforcement order under Article 410 (1) of the Code of Civil Procedure regardless of the amount of the said fees. (4) (New, SG No. 18/2003) Should the proprietary interest and the fees charged have been miscalculated, the fees as actually due shall be collected on the basis of a bill signed by the notary and prepared within seven days after detection of the error.
Section II Types of Notarial Fees Flat Notarial Fees Article 90. Flat notarial fees shall be collected solely for acts expressly listed in the rate schedule and shall not depend on the certified proprietary interest or the time expended. Pro Rata Notarial Fees Article 91. Pro rata notarial fees shall be collected depending on the certified proprietary interest or time expended and shall have a specified minimum amount. Fees Per Certified Proprietary Interest Article 92. (1) The percentage rate of the pro rata fee per certified proprietary interest shall vary in inverse proportion to the interest, and the fee may not exceed a specified maximum amount. (2) The rate schedule may provide that the fee under Paragraph (1) be collected in a reduced or increased amount in respect of specified types of certification. Fees Per Time Expended Article 93. (1) Fees per time expended shall be due to the notaries only and shall be payable for: 1. oral and written advice; 2. mediation to clarify the will of the parties; 3. search of records and obtaining of documents, papers and other such. (2) No fees shall be due for oral advice provided in connection with another act wherefor a fee is charged. Fees for Preparation and Verification of Documents Article 94. (1) Fees for preparation and verification of documents shall be due to the notaries only. (2) The fee prescribed for certification shall be charged for preparation of a draft of a notarial act or another document. (3) One half of the fee prescribed for certification shall be charged for verification of a prepared draft of a document without notarization. Should the same document be notarized by the same notary within one month, only the other half of the fee shall be charged. Additional Notarial Fee Article 95. (1) An additional notarial fee shall be payable for acts performed at the request of the client outside the notary's office beyond the opening hours or during weekends or public holidays. (2) Any fee referred to in Paragraph (1) shall be due in an aggregate amount of one half of the fee for certification.
Section III Certified Proprietary Interest Transactions in Real Rights Article 96. (1) (Supplemented, SG No. 18/2003) In a transfer and certification of a right of ownership to things, the certified proprietary interest shall be: 1. the fair market value of the thing; 2. the fair market value of the more expensive thing: in respect of exchange; 3. the fair market value of all parts: in respect of a deed of voluntary partition. (2) In a creation or transfer of other real rights, the certified proprietary interest shall be: 1. in respect of a building right: 90 per cent of the fair market value of the land lot or the portion thereof, as the case may be, whereon the right is created or transferred; 2. in respect of a right of use: the fair market rental charge which could accrue for the entire period of use or, if no such period is specified, for a period of three years. (3) (Repealed, SG No. 117. 1997, new, SG No. 123/1997) Should there be any difference between the appraised value referred to in § 2 of the Supplementary Provisions and the certified proprietary interest, the notarial fee shall be charged on the larger of the two. Special Cases Article 97. (1) The certified proprietary interest shall be: 1. in respect of a transaction in a motor vehicle: the insured value thereof; 2. in respect of a transaction in a business enterprise: the carrying amount of the enterprise's fixed assets for the last preceding quarter; 3. in respect of an incorporation of a commercial corporation: the amount of capital; 4. in respect of a sale of a succession: the fair market value of the corporeal immovables comprised in the succession; 5. in respect of execution of wills: the fair market value of the devise, bequest, or legacy; 6. in respect of administration of an estate: the monthly income from the estate; 7. in respect of a transaction whereof the subject is a money claim: the nominal value of the claim, and in respect of a transaction payable in instalments: the aggregate amount of payments for the entire period or, if no such period is specified, for a period of three years. (2) In respect of amendments and supplements to transactions and documents, the certified proprietary interest shall be limited to the changes. (3) In respect of onerous transactions, the certified proprietary interest shall be the contract price if higher than the price as determined according to the procedure established by this Section.
SUPPLEMENTARY PROVISIONS § 1. Within the meaning given by this Act, "notarial fee" shall be the compensation which is paid to a notary for a service rendered. § 2. (Amended, SG No. 118/1997) The fair market value shall be determined according to the price which could be obtained under normal market conditions, taking into consideration the nature of the subject-matter and all factors which influence the value upon sale or lease, as the case may be. Valuation shall be made according to the procedure established by Article 33 of the Local Taxes and Fees Act.
TRANSITIONAL PROVISIONS § 3. (Amended, SG No. 123/1997 and No. 24/1998) Any persons, who perform notarial functions at the region courts upon the entry of this Act into force, shall continue to perform the said functions according to the theretofore effective procedure but not later than the 1st day of October 1998. § 4. (Amended, SG No. 123/1997) The Minister of Justice shall appoint the recording magistrates. § 5. (1) The first general meeting of the Notary Chamber of Bulgaria shall be composed of the persons covered under § 3 herein, who possess the qualifications covered under Items 1, 2, 4, 5, 6 and 7 of Article 8 herein and who have applied for admission to notarial practice within the time limit and according to the procedure established by § 6 herein. (2) The Minister of Justice shall call the General Meeting within three months after the entry of this Act into force, with the following agenda: 1. adoption of a Statute of the Notary Chamber of Bulgaria; 2. election of the Chamber's bodies; 3. determination of the amounts of the sum insured referred to in Article 30 herein; 4. determination of the amount of mandatory entrance and annual membership subscription fees; 5. adoption of the budget for the period remaining until the end of the current year. (3) The General Meeting may resolve to include other business as well into the agenda. (4) (New, SG No. 123/1997) Proceeding from the results of the first competitive examination, recording in the Register under Article 14 herein and the orders referred to in § 6 herein shall be effected by the Ministry of Justice Inspectorate. After the conduct of the first general meeting of the Notary Chamber of Bulgaria and the election of the bodies thereof by the notaries, the said register shall be presented to the Board of Notaries. (5) (New, SG No. 123/1997, amended, SG No. 24/1998) The first General Meeting of the Notary Chamber of Bulgaria after conduct of the competitive examination referred to in Article 12 herein shall be called by the Minister of Justice within one month after the recording of not less than two thirds of the persons who have successfully passed the examination. (6) (New, SG No. 123/1997) The bodies of the Notary Chamber of Bulgaria, elected according to the procedure established by Item 2 of Paragraph (2), shall perform the functions thereof until conduct of a General Meeting according to Paragraph (5). § 6. (Amended, SG No. 123/1997 and SG No. 24/1998) The Minister of Justice shall revoke any orders issued for recording in the Register of the Notary Chamber of Bulgaria or any notaries who have not been ranked at the competitive examination referred to in Article 12 herein. § 7. (Amended, SG No. 123/1997) (1) (Redesignated from § 7, SG No. 24/1998) Upon conduct of the first competitive examination referred to in Article 12 (2) herein, a district judge, designated by the President of the Supreme Court of Cassation, shall be a member of the commission in lieu of a representative of the Notary Chamber of Bulgaria. (2) (New, SG No. 24/1998) The first competitive examination shall be organized and financed by the Ministry of Justice. § 8. (Amended, SG No. 123/1997) In the Act, the words "the Minister of Justice" and "the Ministry of Justice" shall be replaced passim, respectively, by "the Minister of Justice and European Legal Integration" and "the Ministry of Justice and European Legal Integration". § 9. Any notarial proceedings pending upon the lapse of one year after the entry of this Act into force shall be completed by the recording magistrates § 10. Until promulgation of the rate schedule referred to in Article 85 (3) herein, fees for notarial acts shall be charged according to the heretofore effective procedure.
FINAL PROVISIONS § 11. The Judicial System Act (promulgated in the State Gazette No. 59 of 1994; modified by Constitutional Court Judgment No. 8 of 1994, promulgated in No. 78 of 1994; modified by Constitutional Court Judgment No. 9 of 1994, promulgated in No. 87 of 1994; modified by Constitutional Court Judgment No. 17 of 1995, promulgated in No. 93 of 1995; amended in No. 64 of 1996; modified by Constitutional Court Judgment No. 19 of 1996, promulgated in No. 96 of 1996) shall be amended and supplemented as follows: 1. In Item 3 of Article 35 (1), after the words "executive judges" there shall be placed a comma and there shall be inserted the words "recording magistrates". 2. In Article 36 (2), the words "the notaries" shall be replaced by "the recording magistrates and the notaries", and the following second sentence shall be added: "Notary inspectors may be other notaries with at least ten years' length of service as notary, designated by the Notary Chamber of Bulgaria". 3. In Item 4 of Article 56 (1) and Item 2 of Article 60, the words "the notaries" shall be replaced by "the recording magistrates". 4. In Item 5 of Article 63 (1), the word "notaries" shall be replaced by "recording magistrates". 5. In Article 109 the word "notary" shall be replaced by "recording magistrate". 6. In Article 127 (5), after the word "notary" there shall be placed a comma and there shall be inserted "recording magistrate or assistant notary". 7. Chapter Twelve shall be amended to read as follows:
Chapter Twelve RECORDING MAGISTRATES Article 158. (1) There shall be a recording magistrate at the regional courts. (2) A recording magistrate shall perform the notarial acts of recording, notations and expungement, searches of the recording books, as well as other acts as provided for by law. (3) In regional courts where there is no recording magistrate, the functions thereof shall be performed by the regional judge. (4) The Minister of Justice may assign an executive judge of the same court to perform concurrently the functions of a recording magistrate. Article 159. A recording magistrate may perform acts solely within the geographical jurisdiction thereof. Article 160. (1) Eligibility for appointment to the office of recording magistrate shall be limited to the persons who possess the qualifications under Article 126 herein. (2) A recording magistrate shall be appointed by the Minister of Justice on a motion by the president of the relevant regional court. (3) Where there are more than one recording magistrate in any recording office, the Minister of Justice shall appoint one of the said magistrates as head in order of seniority. Article 161. Upon assumption of office, a recording magistrate shall take the oath under Article 109 herein, and the provision of Article 110 herein. shall be complied with. Article 162. The provisions of Article 152, 154, 156 and 157 herein shall furthermore apply to recording magistrates." 8. Article 166 shall be amended to read as follows: "Article 166. A judicial candidate, who has served for six months, may be appointed to act as an executive judge for a period of up to one month and, upon request of a notary, to act as a probationary notary until the lapse of the period provided for under Article 164 (1) herein. The written consent of the judicial candidate shall be required for appointment for a period exceeding one month." 9. In Article 185, the word "notary" shall be replaced by "recording magistrate". 10. In Article 190, Article 191 (2) and Article 195 (2), the words "the notaries" shall be replaced passim by "the recording magistrates". 11. In Item 1 of Article 198, the words "the notarial services" shall be replaced by "the recording offices". § 12. The Code of Civil Procedure (promulgated in Transactions of the Presidium of the National Assembly No. 12 of 1952; amended and supplemented in No. 92 of 1952, No. 89 of 1953, No. 90 of 1955, No. 90 of 1956, No. 90 of 1958, Nos. 50 and 90 of 1961; corrected in No. 99 of 1961; amended and supplemented in the State Gazette No. 1 of 1963, No. 23 of 1968, No. 27 of 1973, No. 89 of 1976, No. 36 of 1979, No. 28 of 1983, No. 41 of 1985, No. 27 of 1986, No. 55 of 1987, No. 60 of 1988, Nos. 31 and 38 of 1989, No. 31 of 1990, No. 62 of 1991, No. 55 of 1992, Nos. 61 and 93 of 1993, No. 87 of 1995, and Nos. 12, 26, 37 and 44 of 1996) shall be amended and supplemented as follows: 1. In Article 302 (1), the words "the notary" shall be replaced by "the recording magistrate". 2. In Article 315 (1), the words "the notary" shall be replaced by "the recording magistrate". 3. In Article 319 (2), the words "notary" and "the notary" shall be replaced, respectively, by "recording magistrate" and "the recording magistrate". 4. In Article 343 (2), the words "the notary" shall be replaced by "the recording magistrate". 5. In Article 374, the words "the notary public's office" shall be replaced by "the recording office". 6. In Article 392 (2), the words "the notary public's office" shall be replaced by "the recording office". 7. Article 465 shall be amended and supplemented as follows: (a) Item (d) shall be amended to read as follows: "(d) notarial invitations, protests, certification of appearance or of non-appearance of persons before the notary for performance of acts therebefore"; (b) there shall be inserted the following new Item: "(e) acceptance and return of documents and papers delivered for safekeeping, and"; (c) Item (e) shall be redesignated to become Item (f). 8. Article 466 (1) shall be amended to read as follows: "Article 466. (1) Notarial acts on transfer of ownership or on creation of a real right to corporeal immovables and certification of a right of ownership to such immovables shall be performed by the notary in the area of practice whereof the property concerned is located. Any recordings, notations and expungement in respect of corporeal immovables shall be effected by the recording magistrate in the geographical jurisdiction whereof he property concerned is located." 9. In Article 467 the words "to the notary" shall be deleted. 10. In Article 469 (2) the word "transactions" shall be replaced by "notarial acts". 11. Article 470 shall be amended to read as follows: "Article 470. No notarial acts may be performed in respect of any transaction, document or other act contrary to the law or to good morals." 12. Article 473 (1) shall be replaced by the following: "Article 473. (1) A refusal by a notary or a recording magistrate to perform a notarial act shall be appealable before the competent District Court within seven days after the refusal." 13. Article 473a shall be repealed. 14. Article 474 shall be amended and supplemented as follows: (a) Paragraphs (1) and (2) shall be replaced by the following: "Article 474. (1) For execution of a notarial act, a draft of the act shall be prepared in two or more identical copies. The shape, kind and size of the paper whereon the draft shall be handwritten or typed shall conform to a standard set by the Minister of Justice. (2) All copies of the draft must be prepared in a clean and legible form, must be handwritten in black or blue ink or must be typed"; (b) in Paragraph (5), the words "witnesses personally known to the notary" shall be replaced by "witnesses of established identity". 15. Article 480 (f) shall be replaced as follows: "(f) the persons employed in the notary's office and the employees of the recording office. " 16. In Article 485, the following Paragraph shall be added: "(3) Should the private document be in a foreign language and be non-recordable, Article 478 herein shall apply, mutatis mutandis." 17. In Article 488 (1), the words "the notary public's office" shall be replaced by "the notary". 18. There shall be inserted the following two new articles: "Article 488a. In certification of appearance or non-appearance of persons before the notary for performance of acts therebefore, a memorandum of ascertainment shall be drafted. The consent or dissent of the appearing persons to the performance of the required acts shall be certified in the same manner. In drafting any such memorandum of ascertainment, insofar as there are no specific rules, the notary shall be guided by the provisions of Article 476 herein. Any such memorandum of ascertainment shall be drafted in duplicate, which shall be signed by the client and the notary, whereupon one copy shall be filed in a special book and the other copy shall be delivered to the client, certified as a copy. Article 488b. (1) Upon acceptance by the notary of documents and papers for safekeeping, a memorandum of acceptance shall be drafted in duplicate, which shall be signed by the client and the notary, whereupon one copy shall be filed in a special register and the other copy shall be delivered to the client, certified as a copy. (2) For return of any documents and papers delivered for safekeeping, a memorandum of return shall be drafted, which shall be signed by the applicant or by the applicant's heirs or a limited attorney-in-fact, as the case may be, whereupon the said memorandum shall be filed in the register". § 13. In Article 24 (2) of the Succession Act (promulgated in the State Gazette No. 22 of 1949; corrected in No. 41 of 1949; amended in No. 275 of 1950, No. 41 of 1985, No. 60 of 1992, modified by Constitutional Court Judgment No. 4 of 1996, promulgated in No. 21 of 1996) there shall be added the following fourth sentence: "In drafting a notarized will, the notary shall be guided by the provisions of Article 474 (1) and (2) of the Code of Civil Procedure" § 14. The Stamp Duty Act (promulgated in Transactions of the Presidium of the National Assembly No. 104 of 1951; amended and supplemented in No. 89 of 1959, No. 21 of 1960; State Gazette No. 53 of 1973, No. 87 of 1974, No. 21 of 1975, No. 21 of 1990, No. 55 of 1991, No. 100 of 1992, Nos. 69 and 87 of 1995, Nos. 37 and 100 of 1996) shall be amended and supplemented as follows: 1. Article 2 (3) and (4) shall be repealed. 2. Item (c) of Article 4 shall be replaced by the following: "(c) for performance of acts and services by executive judges and recording magistrates;" 3. Article 4a (2) shall be repealed. § 15. In § 4 of the Supplementary Provisions of the Housing Associations Act (promulgated in the State Gazette No. 55 of 1978; amended in No. 102 of 1981, No. 45 of 1984, No. 75 of 1988, No. 46 of 1989, No. 21 of 1990, and No. 60 of 1992), the words "as well as for issuing and recording of notarial acts of housing associations and of the members thereof" shall be deleted. § 16. In Item 10 of Article 9 (1) of the Value Added Tax Act (promulgated in the State Gazette No. 90 of 1993; amended in No. 57 of 1995, Nos. 16 and 56 of 1996), after the words "The Bar Act" there shall be added "and the Notaries Act." § 17. In Article 13 (5) of the Aggregate Income Tax Act (promulgated in the State Gazette No. 132 of 1950; amended in Transactions of the Presidium of the National Assembly No. 104 of 1952, No. 60 of 1953, No. 15 of 1954, No. 64 of 1955, No. 91 of 1957, No. 90 of 1958, No. 91 of 1960, No. 105 of 1962; State Gazette No. 99 of 1963, No. 52 of 1965, Nos. 16 and 52 of 1966, Nos. 15 and 100 of 1967, No. 69 of 1968, No. 60 of 1970, No. 101 of 1972, No. 53 of 1973; corrected in No. 54 of 1973; amended and supplemented in Nos. 36 and 93 of 1979, No. 7 of 1982, No. 44 of 1984, No. 79 of 1985, No. 33 of 1988, No. 4 of 1989, Nos. 10 and 30 of 1990, No. 27 of 1991; corrected in No. 30 of 1991; amended in No. 82 of 1991, Nos. 19 and 62 of 1992, No. 23 of 1993, Nos. 38 and 83 of 1994, Nos. 53 and 59 of 1995, Nos. 28, 33, 58 and 59 of 1996), after the words "of the sole trader" there shall be placed a comma and there shall be inserted "of the notary". § 18. The Agricultural Land Ownership and Use Act (promulgated in the State Gazette No. 17 of 1991; corrected in No. 20 of 1991; amended in No. 74 of 1991, Nos. 18, 28, 46 and 105 of 1992, No. 48 of 1993; modified by Constitutional Court Judgment No. 12 of 1993, promulgated in No. 64 of 1993; amended in No. 83 of 1993, No. 80 of 1994, No. 45 of 1995, No. 57 of 1995; modified by Constitutional Court Judgments Nos. 7 and 8 of 1995, promulgated in No. 59 of 1995; amended in No. 79 of 1996) shall be amended as follows: 1. In Article 9 (6) and Article 9a (4), the words "The notary" shall be replaced by "The recording magistrate". 2. In Article 23, the words "the notary public's office" shall be replaced by "the recording office". 3. In § 16 (1) of the Transitional and Final Provisions, the words "the stamp duties" shall be replaced by "the notarial fees". § 19. The State Property Act (promulgated in the State Gazette No. 44 of 1996) shall be amended as follows: 1. In Article 41 (2) and Article 48, the words "the notary" shall be replaced by "the recording magistrate". 2. In Article 60, the words "the notarial service" shall be replaced by "the recording office". § 20. The Municipal Property Act (promulgated in the State Gazette No. 44 of 1996) shall be amended as follows: 1. In Article 32 (2), the words "the notary" shall be replaced by "the recording magistrate". 2. In Article 35 (4), the words "the notarial service" shall be replaced by "the recording office". § 21. In Article 31 (4) and Item 2 of Article 104 of the Regional and Urban Planning Act (promulgated in the State Gazette No. 29 of 1973; corrected in No. 32 of 1973; amended and supplemented in No. 87 of 1974, Nos. 3 and 102 of 1977, No. 36 of 1979, No. 3 of 1980, No. 45 of 1984, No. 19 of 1985, No. 36 of 1986, No. 14 of 1988, No. 31 of 1990; corrected in No. 32 of 1990; amended in No. 15 of 1991 and No. 63 of 1995), the words "the notary" shall be replaced by "the recording magistrate". § 22. In Article 185 (b) of the Obligations and Contracts Act (promulgated in the State Gazette No. 275 of 1950; corrected in Transactions of the Presidium of the National Assembly No. 2 of 1951; amended in No. 69 of 1951, No. 92 of 1952; State Gazette No. 85 of 1963, No. 27 of 1973, No. 16 of 1977, No. 28 of 1982, No. 30 of 1990; Nos. 12 and 56 of 1993, and No. 83 of 1996), the words "the notaries" shall be replaced by "the recording magistrates". § 23. The Commerce Act (promulgated in the State Gazette No. 48 of 1991; amended in No. 25 or 1992, Nos. 61 and 103 of 1993, No. 63 of 1994, No. 63 of 1995, Nos. 42, 59, 83 and 86 of 1996) shall be amended as follows: 1. In Article 16 (2) the words "the notary public's office" shall be replaced by "the recording office". 2. In Article 73 (5) the words "the notary public's office" and "the notary" shall be replaced, respectively, by "the recording office" and "the recording magistrate". § 24. In Article 14 (1) of the Uniform Cadastre of the People's Republic of Bulgaria Act (promulgated in the State Gazette No. 35 of 1979; amended in No. 102 of 1981 and No. 45 of 1984), the words "The notarial services" shall be replaced by "The recording offices", and after the words "within one month" there shall be inserted "after the day of recording thereof, respectively". § 25. The State Receivables Collection Act (promulgated in the State Gazette No. 26 of 1996) shall be amended as follows: 1. In Article 59 (1), the words "the notary" shall be replaced by "the recording magistrate". 2. In Article 60, the words "the notary public's office" shall be replaced by "the recording office". § 26. In § 1 of the Supplementary Provisions of The Bar Act (promulgated in the State Gazette No. 80 of 1991), after the word "notary" there shall be placed a comma and there shall be added "recording magistrate or assistant notary". § 27. The Minister of Justice shall be entrusted with the implementation of this Act. § 28. This Act shall enter into force one month after the date of promulgation thereof in the State Gazette. Act to Amend and Supplement the Notaries and Notarial Practice Act Promulgated, SG No. 18/25.02.2003 ................................................................... § 46. In the Act, the words "the Minister of Justice and European Legal Integration" and "the Ministry of Justice and European Legal Integration" shall be replaced passim, respectively, by "the Minister of Justice" and "the Ministry of Justice". § 46. In the Act, the words "probationary notary", "or probationary notary", "the probationary notary", "the probationary notaries", "and of the probationary notaries" and "and of the probationary notary" shall be deleted. TRANSITIONAL AND FINAL PROVISIONS § 48. The bodies of the Notary Chamber of Bulgaria shall perform the activities thereof until the next ordinary elective general meeting. § 49. Any probationary notaries serving upon the entry of this Act into force shall complete the probation thereof and shall pass an examination in theory and practice according to the hitherto effective procedure, and shall have the right to enter an examination of theory and practice if they have served for three months. § 50. (1) Within six months after the entry of this Act into force, notaries shall be obligated to fulfil the obligations under Article 41 (1) of the Notaries and Notarial Practice Act, terminating the contractual relationships with the assistant notaries on a 30 days' notice. (2) In the cases referred to in Paragraph (1), the notary shall notify the Board of Notaries. Article 42 (2) of the Notaries and Notarial Practice Act shall apply, mutatis mutandis, to the striking off of the assistant notaries. § 51. Within six months after the entry of this Act into force, notaries shall be obligated to bring the notary's offices thereof into conformity with the requirements established by Article 13 of the Notaries and Notarial Practice Act. TRANSITIONAL AND FINAL PROVISIONS of the Administrative Procedure Code (SG, No. 30/2006, effective 12.07.2006) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . § 88. Everywhere in the Notaries and Notarial Practice Act (Promulgated, State Gazette No. 104/1996, amended, SG No. 117/1997, SG No. 118/1997, amended and supplemented, SG No. 123/1997, SG No. 24/1998, amended, SG No. 69/1999, amended and supplemented, SG No. 18/2003, supplemented, SG No. 29/2004, amended, SG No. 35/2004, amended and supplemented, SG No. 19/2005, supplemented, SG No. 43/2005) the words "the Supreme Administrative Court Act" shall be replaced by "the Administrative Procedure Code".
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