On the Determination of Procedures and Conditions for Activities of the Legal Entity under Public Law called the Notary Chamber of Georgia and of those for Notarial Services for the Purpose of Facilitating the Prevention of the Spread of the Novel Coronavirus (COVID-19) in Georgia

Minister of Justice of Georgia

Order No 511

31 March 2020

Tbilisi city

On the Determination of Procedures and Conditions for Activities of the Legal Entity under Public Law called the Notary Chamber of Georgia and of those for Notary Services for the Purpose of Facilitation of the Prevention of the Spread of the Novel Coronavirus (COVID-19) in Georgia

On the basis of Article 11 of ‘Measures to be Implemented in connection with the Prevention of the Spread of the Novel Coronavirus (COVID-19) in Georgia approved by Ordinance No 181 of 23 March 2020 of the Government of Georgia on ‘the Approval of Measures to be Implemented in connection with the Prevention of the Spread of the Novel Coronavirus (COVID-19) in Georgia’ I hereby order:

Article 1

1. During the period of validity of this Order, notaries shall be prohibited to carry out any notarial activity not considered by procedures provided for by this Order.

2. It shall be permitted for a notary to provide legal consultation remotely, through electronic communication channels.

3. Notary services shall be available under the following conditions:

a) temporary notary bureaus (‘the Temporary Bureau’) shall be established at the following addresses in order to provide notary services:

a.a) Vazha-Pshavela Avenue,Tbilisi, No 1 Vazha-Pshavela Avenue (the central entrance of LEPL National Archives of Georgia);

a.b) No 2 Sanapiro Street, Tbilisi (the Marriage House behind the Tbilisi Public Service Hall building);

b) the proper functioning of temporary bureaus, as well as the compliance with security measures shall be ensured by LEPL Notary Chamber of Georgia (‘the Chamber’);

c) notaries in temporary bureaus shall carry out notary services in accordance with a predetermined duty schedule. The Board of the Chamber shall establish a duty schedule in accordance with the alphabetical order of the surnames of notaries residing in Tbilisi. Only those notaries who have consented to provide services in temporary bureaus shall be included in the duty schedule;

d) a notary carrying out notary services in a temporary bureau is obliged to ensure the mobilisation of his/her support staff on the work place during his/her working day. In the case of shortage of staff the Chamber shall ensure the mobilisation of additional staff to support the notary;

e) notary services may not be carried out in a temporary bureau by a notary or a staff member who is subject to self-isolation or quarantine rules, or has any symptoms characteristic to the virus (the temperature above 37 degrees, coughing, etc.);

f) the requirement set forth in sub-paragraph (e) of this paragraph shall also apply to users of notary services. Persons who fail to meet such conditions shall not be admitted to a temporary bureau, and if such circumstances are identified for the moment of the person's stay in the Bureau, a notary / the Chamber may request the person to immediately leave the Bureau and may apply the measures provided for by the legislation of Georgia to enforce the fulfilment of such obligation;

g) the Chamber shall ensure the inspection of conditions set out in sub-paragraphs (e) and (f) of this paragraph;

h) the Chamber shall also ensure the maximum protection of a notary, his / her staff and users of notary services in the process of work in accordance with the recommendations issued by the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia (including the disinfection of temporary bureaus with the recommended periodicity);

i) notarial actions shall be carried out in accordance with the legislation of Georgia, subject to the requirements determined by this Order;

j) in the event that a notary fails to carry out services in a temporary bureau for some reasons, the Chamber is obliged to ensure his/her substitution by another notary in accordance with the duty schedule, in order to avoid the delay of services;

k) with the permission of the Ministry of Justice of Georgia, it shall be permitted to carry out certain notarial actions in a temporary bureau with the participation of another notary, if the parties concerned desire to obtain certain notary services from a particular notary and if the parties have agreed the matter with the notary. The provision of such services shall not hinder key operations or otherwise delay the services of a temporary bureau;

l) a notary, as well as his/her staff shall be equipped with protective masks and gloves. While providing notarial services in a temporary bureau, a notary shall not allow the presence of more than one support staff member at the same period of time.

4. The following notary services may be provided to persons concerned only on the basis of a preliminary decision of the Board of the Chamber:

a) the receipt of documents for storage (modification/ cancellation);

b) the execution of a sea protest (modification/ cancellation);

c) the confirmation of the fact that a citizen is alive (modification / cancellation);

d) the confirmation of the fact that a citizen and a person in a photograph are the same (modification / cancellation);

e) the confirmation of the time of submission of a document (modification / cancellation);

f) the confirmation of the fact of legal significance (modification / cancellation);

g) the issuance of a certificate of submission or of impossibility of submission of an application or a notice to a natural or a legal person (modification / cancellation);

h) the issuance of a certificate of inheritance (modification / cancellation);

i) the issuance of a certificate of transfer of heirless property to the State or other authorised entity (modification / cancellation);

j) the presentment of a cheque for payment and the confirmation of the fact that a cheque has not been paid (modification / cancellation);

k) the execution of a protest of a bill (modification / cancellation);

l) the confirmation and issuance of a copy of a document stored in a notary archive, except for a notarial act prepared (registered) by another notary and made available electronically;

m) the confirmation of a transaction with the participation of several notaries;

n) the notarial mediation.

5. In order to obtain the services referred to in paragraph 4 of this Order, a person concerned shall apply to the Chamber in advance with the relevant request for the provision of services, where the person is obliged to prove the urgent necessity of receiving such services. Urgent necessity shall be deemed the circumstance where, in the case of failure to receive the services:

a) a person concerned may be prevented from fulfilling significant legal obligations;

b) the time-limit may be lapsed within which a person concerned is obliged to carry out the specified legal actions and it may result in irreversible consequences for the person concerned;

c) a person concerned may suffer significant material damage and no other legal remedy is available.

6. The Chamber shall be commissioned to disseminate information on the rules laid down by this Order using mass media and also other channels for communication with public, through which information on notary services is made available for users of notary services. The Chamber shall ensure that information on procedures provided for by this Order is placed in a visible manner for users of notary services on the work place of a notary acting for the time of the issuance of this Order.

7. The General Inspection of the Ministry of Justice of Georgia shall be authorised to inspect the fulfilment of the requirements established by this Order. In the case of violation of the requirements determined by this Order, a notary shall be imposed the disciplinary liability and he/she shall be prohibited to repeatedly carry out notary services in a temporary bureau.

Article 2

This Order shall enter into force from 1 April 2020 and shall be valid for the period of validity of Decree No 1 of 21 March 2020 of the President of Georgia on ‘Measures to be Implemented in connection with the Declaration of a State of Emergency throughout the Whole Territory of Georgia’.

Minister of Justice of Georgia                  Tea Tsulukiani