Translated from Lithuanian
Republic of Lithuania
Law on the Notarial profession
15 September 1992 – No I-2882
Vilnius
(As last amended on 23 September 2010 – No XI-1033)
CHAPTER I
I. GENERAL PROVISIONS
Article 1. Concept of the Notarial Profession
The notarial profession shall be all the notaries who are empowered under this Law to give legal effect to undisputable individual rights of natural and legal persons and legal facts, as well as to ensure the protection of legitimate interests of such persons and the State.
Article 2. Notary
A notary shall be a person authorised by the State, performing the functions set out in this Law, which are aimed at preventing any illegal transactions and documents in civil legal relationships.
Notaries shall be appointed and dismissed by the Minister of Justice of the Republic of Lithuania.
In the cases specified by this Law and in accordance with the procedure established for performing notarial acts, individual notarial acts may be performed by consular officers of the Republic of Lithuania and wardens of municipal wards (hereinafter referred to as wardens).
Article 3. Right to Hold the Office of Notary
Notaries shall be appointed to office through public competition.
The office of notary may be held by a natural person, provided he:
3) has served as a candidate notary (assessor) for a period of at least one year and passed the notary qualification examination, or holds a degree of doctor or doctor habilis in social sciences (law), has a record of at least five years of teaching or research work and has served as a trainee notary for a period of at least three months, or has a record of at least five years of service in the legal profession, has passed the notary qualification examination and served as a trainee notary for a period of at least three months. Service in the legal profession shall include activities specified in the list of legal professions approved by the Government of the Republic of Lithuania. The length of service in the legal profession shall be calculated from the moment the person has acquired legal professional qualification and started practising in the legal profession. The regulations on the notary qualification examination and the procedure for undertaking notarial traineeship shall be approved by the Minister of Justice of the Republic of Lithuania;
6) has won a public competition for the office of notary. A public competition for the office of notary shall be open to persons not more than 60 years of age. The regulations on public competition for the office of notary shall be approved by the Minister of Justice of the Republic of Lithuania;
7) has no health disorders that would prevent him from performing notarial duties. While holding the office of notary, health checks shall also be mandatory every five years. The health requirements and the procedure of health checks for notaries shall be established by the Ministry of Health and the Ministry of Justice of the Republic of Lithuania.
A person may not be held to be of impeccable character and appointed to the office of notary if he:
1) has been convicted of a serious or grave crime, irrespective of whether or not the conviction has expired, or convicted of any other criminal act where the conviction has not yet expired;
2) has been removed or dismissed from the office of judge, prosecutor, advocate, notary, notary's agent, court bailiff or bailiff for professional misconduct or misconduct in office, or from office in the civil service when a court judgement for a criminal act against the civil service and public interests becomes effective if five years have not elapsed from the date of such dismissal;
Article 4. Improvement of Qualifications and Assessment of Notaries
A notary must continuously improve his qualifications. The improvement of qualifications of notaries shall be organised by the Chamber of Notaries and coordinated by the Ministry of Justice of the Republic of Lithuania. The regulations on the improvement of qualifications of notaries shall be approved by the Minister of Justice of the Republic of Lithuania on the recommendation of the Presidium of the Chamber of Notaries.
Notaries shall undergo regular assessments. The assessment of notaries shall be carried out by the Chamber of Notaries.
The regulations on the assessment of notaries shall be approved by the Minister of Justice of the Republic of Lithuania on the recommendation of the Presidium of the Chamber of Notaries. Where the Minister of Justice of the Republic of Lithuania refuses to approve the regulations on the assessment of notaries, reasons for such refusal shall be stated in writing, which must be taken into account by the Presidium of the Chamber of Notaries.
Article 5. Notary's Oath
Prior to assuming office, a person appointed as a notary shall swear an oath administered by the Minister of Justice of the Republic of Lithuania.
A person swearing an oath shall be entitled to choose one of the following texts of the oath:
1) "I, notary (first name, surname),
swear my allegiance to the Republic of Lithuania, to abide by its Constitution and laws, always to be honest and perform notarial duties in good faith. So help me God.";
2) "I, notary (first name, surname),
swear my allegiance to the Republic of Lithuania, to abide by its Constitution and laws, always to be honest and perform notarial duties in good faith."
The notary shall sign the text of the oath. The text of his oath shall be kept in the notary's personal file.
A person who has been appointed as a notary but has not taken an oath may not hold the office of notary.
Article 6. Number of Notaries, Their Principal Office and Territory of Jurisdiction
The number of notaries, their principal office and territory of jurisdiction shall be established by the Minister of Justice of the Republic of Lithuania according to his approved methodology for assessing needs for legal services provided by notaries to residents.
A notary's place of business shall be a notary office. A notary office shall not be a subject of civil legal relationships, including economic commercial activities. Notary offices shall be set up by an order of the Minister of Justice of the Republic of Lithuania. One notary may run one notary office. Two and more notaries who are in office in the same municipality may run a joint notary office. Notaries shall conclude an agreement on the organisation of work and operation of a joint notary office. Every notary practising in a joint notary office shall perform notarial acts in his own name and be personally responsible for the performance of his duties.
Requirements for notary offices and office hours of notaries shall be set down by the Minister of Justice of the Republic of Lithuania, taking into account that the premises of a notary office must have adequate facilities for providing services to residents in a cultured manner and ensuring the preservation of the confidentiality of notarial acts.
Article 6(1). Appointment, Transfer of a Notary, Commencement of the Performance of Notarial Duties
A person who has won a public competition for the office of notary must submit his application to appoint him as a notary to the Minister of Justice of the Republic of Lithuania not later than within one year after the end of the public competition for the office of notary. The appointment of a notary and the commencement of the performance of notarial duties shall be executed by orders of the Minister of Justice of the Republic of Lithuania. The notary shall be appointed to office in a particular municipality.
A notary may be transferred by an order of the Minister of Justice of the Republic of Lithuania from one municipality to another if he has won a public competition for the office of notary referred to in Article 3 of this Law. The cases of, and the procedure for transferring a notary other than through competition shall be established by the Minister of Justice of the Republic of Lithuania, having regard to the opinion of the Presidium of the Chamber of Notaries. A notary shall be transferred to perform notarial duties from one municipality to another when the provision of notarial services is ensured in the municipality from which the notary is being transferred.
A notary must submit to the Minister of Justice of the Republic of Lithuania his application and documents concerning the setting-up of a notary office and the performance of notarial duties within three months from his appointment as a notary.
Notarial acts may be performed only by a notary covered by compulsory insurance of notaries against professional civil liability. Prior to assuming office, a notary must submit to the Ministry of Justice of the Republic of Lithuania samples of his seal and signature. Where the seal or signature of the notary has been changed, the notary must forthwith submit to the Ministry of Justice of the Republic of Lithuania the appropriate sample.
Article 6(2). Compulsory Insurance of Notaries against Professional Civil Liability
The professional civil liability of notaries shall be covered by compulsory insurance for damage caused to natural or legal persons in the pursuit of their notarial professional activities and exceeding LTL 1000.
The object of compulsory insurance of notaries against professional civil liability shall be the civil liability of notaries for damage caused by guilty acts of notaries, their agents and the staff of notary offices in the pursuit of notarial professional activities.
Notaries shall be covered by compulsory insurance against professional civil liability by concluding a contract of insurance of notaries against professional civil liability. The policyholder of compulsory insurance of notaries against professional civil liability shall be the Chamber of Notaries. The minimum sum insured in respect of compulsory insurance of each notary against professional civil liability shall be LTL 100 000 for each insured event. When the insurer pays out an insurance benefit in the case of an insured event, the insurance obligation shall continue for the total sum insured without deduction of the insurance benefits paid.
A notary may additionally take out compulsory insurance of notaries against professional civil liability for damage caused to natural or legal persons in the pursuit of his notarial professional activities.
The Chamber of Notaries must present to the Ministry of Justice of the Republic of Lithuania a copy of the certificate (policy) of compulsory insurance of notaries against professional civil liability within ten days from the conclusion of the insurance contract.
The insurer having the authorisation granted by the State Insurance Supervisory Authority under the Ministry of Finance of the Republic of Lithuania to engage in compulsory insurance of notaries against professional civil liability must conclude a contract of compulsory insurance of notaries against professional civil liability with the Chamber of Notaries, when it submits an application and all the documents required for concluding such contracts. The rules for compulsory insurance of notaries against professional civil liability shall be approved by the Government or an institution authorised by it.
Damage caused by guilty acts of notaries, their agents and the staff of a notary office in the pursuit of notarial professional activities shall be compensated by the insurer by paying out an insurance benefit within the limits of the sum insured. Where the insurance benefit is not sufficient to compensate for damages in full, the difference between the insurance benefit and the actual damages shall be covered by the notary who has caused the damage.
Article 7. Official Supervision of Activities of Notaries and Their Self-governing Bodies
Official supervision of the activities of notaries and their self-governing bodies shall be carried out by persons appointed by the Minister of Justice of the Republic of Lithuania.
The Ministry of Justice of the Republic of Lithuania shall analyse statistics on notarial acts and the income of notaries from their notarial acts, as well as carry out the supervision of notarial activities as referred to in this Article. The supervision of notarial activities shall be carried out in accordance with the procedure established by the Minister of Justice of the Republic of Lithuania. Persons appointed by the Minister of Justice of the Republic of Lithuania shall control how notaries comply with the requirements for notary offices and office hours of notaries, organise the reception of persons, comply with the rules for the completion of the forms of the notarial register, attestation clauses and notarial certificates, as well as draft, manage, keep and use documents drawn up in the course of their activities. The supervision of notarial activities shall not extend to the lawfulness of notarial activities carried out by notaries.
When persons appointed by the Minister of Justice of the Republic of Lithuania carry out official supervision of notarial activities, they shall have the right to request explanations from notaries about violations and shortcomings related to notarial professional activities referred to in the second paragraph of this Article.
The supervision of self-governing bodies of notaries shall be carried out in accordance with the procedure laid down in Article 11 of this Law.
Article 7(1). Instituting a Disciplinary Action against a Notary
The Minister of Justice of the Republic of Lithuania or the Presidium of the Chamber of Notaries shall have the right to institute a disciplinary action against a notary for violations of the Law of the Republic of Lithuania on the Notarial Profession, legal acts approved by the Minister of Justice of the Republic of Lithuania and the Code of Honour (Ethics) of Notaries of the Republic of Lithuania.
Article 8. Chamber of Notaries and the Procedure for Adopting its Statute
Notaries of the Republic of Lithuania shall join into the Chamber of Notaries with its seat in Vilnius, the capital of the Republic of Lithuania.
Every notary shall be a member of the Chamber of Notaries.
The Chamber of Notaries shall be a legal person.
The Statute of the Chamber of Notaries shall be adopted by the meeting of the Chamber of Notaries and approved by the Minister of Justice of the Republic of Lithuania.
Article 9. Tasks of the Chamber of Notaries
The key tasks of the Chamber of Notaries shall be as follows:
3) protecting and representing the interests of notaries before public and administrative authorities;
4) drafting regulatory acts on issues relating to the notarial profession and submitting them to the Ministry of Justice of the Republic of Lithuania;
6) supervising how notaries perform their functions and comply with the requirements of professional ethics;
7) ensuring the keeping and use of documents drawn up in the course of notarial professional activities;
Article 10. Functions of the Chamber of Notaries
When fulfilling its tasks, the Chamber of Notaries shall:
5) take out compulsory insurance against professional civil liability for notaries in the prescribed manner. The premium for compulsory insurance of notaries against professional civil liability for damage caused to natural or legal persons in the pursuit of notarial professional activities shall consist of premiums paid by notaries covered by insurance. These premiums shall not be included in the contribution paid by notaries to the Chamber of Notaries provided for in the second paragraph of this Article;
8) control how notaries organise the work of notary offices and comply with the requirements of professional ethics;
9) control how notaries manage and keep documents drawn up in the course of their professional activities;
Article 101. Court of Honour of Notaries
The Court of Honour of Notaries shall, in accordance with the regulations of the Court of Honour of Notaries approved by the Minister of Justice of the Republic of Lithuania, conduct proceedings concerning professional ethics of notaries and misconduct in office.
The Court of Honour of Notaries shall consist of 5 notaries, of whom two shall be elected at the meeting of the Chamber of Notaries, two shall be appointed by the Minister of Justice of the Republic of Lithuania and one shall be appointed by the President of the Supreme Court of Lithuania.
The term of office of the Court of Honour of Notaries shall be three years.
The Court of Honour of Notaries may function if more than half of its members have been elected or appointed.
Article 102. Imposition of a Sanction on a Notary
Upon hearing a disciplinary action against a notary, the Court of Honour of Notaries may:
Article 11. Relations between the Chamber of Notaries and the Ministry of Justice of the Republic of Lithuania
By 1 April each year, the Chamber of Notaries shall submit to the Ministry of Justice of the Republic of Lithuania its detailed annual activity report, as well as prospects and trends for the activities of the notarial profession for the current year. The Ministry of Justice of the Republic of Lithuania shall have the right to request that the Chamber of Notaries present prospects and trends for the activities of the notarial profession for three or more coming years.
The Minister of Justice of the Republic of Lithuania shall approve regulatory acts referred to in this Law, having regard to the opinion of the Presidium of the Chamber of Notaries.
When the Minister of Justice of the Republic of Lithuania is of the opinion that resolutions or decisions of the Chamber of Notaries are not in conformity with laws of the Republic of Lithuania, he may file a complaint with Vilnius Regional Court requesting to reverse these resolutions or decisions. Such a complaint must be filed within one month from the receipt of the resolution or decision complained about.
Article 12. Independence of Notaries
Notaries shall exercise their powers disregarding any influence of public and administrative authorities and shall obey only laws.
Article 13. Legal Grounds for Performing Notarial Acts
Notaries shall carry out their activities in compliance with the Constitution of the Republic of Lithuania, this Law and other laws of the Republic of Lithuania, resolutions of the Government of the Republic of Lithuania, legal acts of the Minister of Justice of the Republic of Lithuania, as well as resolutions and other legal acts of the Chamber of Notaries.
Article 14. Ensuring the Confidentiality of Notarial Acts
Notaries must ensure the confidentiality of notarial acts.
Certificates about notarial acts and documents shall only be issued to legal and natural persons under whose authorisation or for whom notarial acts have been performed, or to the representatives of such persons.
At the request of a judge, prosecutor or pre-trial investigation officer, certificates about notarial acts and documents shall be issued in relation to criminal and civil cases at the disposition of the said persons, as well as in other cases provided for by laws of the Republic of Lithuania.
Certificates about wills shall be issued only after the death of the testator.
The rules concerning the confidentiality of notarial acts shall also extend to persons who have left office as a notary, as well as to persons who have learnt about notarial acts while performing their duties.
Parties to a transaction, their legal successors and legal representatives may release the notary from the duty to maintain the confidentiality of notarial acts. Where one of the parties has died, the notary may be released from the duty to maintain confidentiality by the Minister of Justice of the Republic of Lithuania.
Article 15. Language of a Notary's Clerical Work
All records of a notary shall be kept in the state language. Transactions with foreign natural and legal persons shall be concluded in the state language and in another language acceptable to both the parties.
Article 15(1). Archives of Documents Drawn up in the Course of Notarial Professional Activities
The archives of documents drawn up in the course of notarial professional activities shall be a part of the Lithuanian Archival Fund.
The archives of documents drawn up in the course of notarial professional activities shall be stored on the premises of the notary office if they have not been transferred to the archives referred to in the third paragraph of this Article. A notary shall be responsible for the management, storage and use of documents drawn up in the course of his notarial professional activities. Upon the expiry or suspension of the powers of a notary, responsibility for the storage and use of documents drawn up in the course of his professional activities shall lie with the Chamber of Notaries.
The archives of documents drawn up in the course of notarial professional activities may be stored in the archives of the Chamber of Notaries.
The procedure for managing, storing and transferring documents drawn up in the course of notarial professional activities shall be established by the Minister of Justice of the Republic of Lithuania, upon agreement with the Lithuanian Archives Department under the Government of the Republic of Lithuania.
Article 16. Liability of a Notary
A notary shall be held liable in accordance with the procedure laid down by the Civil Code of the Republic of Lithuania and this Law for damage caused to natural or legal persons by guilty acts of his own, his agent and the staff of his notary office in the pursuit of notarial professional activities.
A notary shall be held liable as a public official for violations of laws or other legal acts committed in the course of performing notarial acts, which are subject to criminal or administrative liability.
Article 17. Notary’s Seal
A notary shall have a seal bearing the name of the State of Lithuania and its coat of arms, as well as his own name inscribed therein. The procedure for the safekeeping, registration and destruction of a notary’s seal shall be established by the Government of the Republic of Lithuania or an institution authorised by it.
Article 18. Use of National Symbols
A notary shall have the right to use the national coat of arms of Lithuania on its letterforms and signs.
Article 19. Notary’s Income
A notary shall charge a fee for the performance of notarial acts, drafting of transactions, consultations and technical services, the rate (tariffs) of which shall be set by the Ministry of Justice of the Republic of Lithuania, upon agreement with the Ministry of Finance of the Republic of Lithuania. The fee rate must guarantee a notary such income that would allow him to be self-sufficient, to ensure adequate facilities for providing services to clients, to employ the necessary staff and to have a well-equipped office.
Taking into account the financial situation of a client, a notary may exempt him, in full or in part, from a fee.
The fee rate shall be indicated in the notarial register and in the document attested by the notary.
The procedure for executing financial transactions of notaries shall be established by the Ministry of Finance of the Republic of Lithuania. For economic entities, acts performed by the notary shall be executed in special accounting documents in accordance with the procedure laid down by laws.
Article 20. Restrictions on Notarial Activities
A notary shall freely participate in the activities of self-governing bodies and other elective institutions of notaries. A notary may, while holding his office, also hold an elective position in self-governing bodies of notaries. Where a notary holds an elective position in other institutions, his powers must be suspended in accordance with the procedure laid down in Article 22(1) of this Law.
A notary cannot receive any remuneration other than a notary’s fee, remuneration for work at the Chamber of Notaries or payment for teaching or creative activities. This provision shall not apply in cases of suspension of the powers of a notary.
Article 201. Prohibition of Advertising
A notary shall be prohibited from advertising, directly or indirectly, his professional activities.
The prohibition referred to in the first paragraph of this Article shall not apply where data about a notary or his office are indicated in information bulletins (telephone directories, company directories), on official letterforms and business cards.
The Minister of Justice of the Republic of Lithuania shall set a uniform form of signs for all notary offices.
Article 21. Organisation of Work of a Notary Office
A notary shall practice independently and be self-sufficient.
A notary shall, at his own discretion, employ the necessary office staff and pay remuneration to them.
A notary shall purchase or rent office premises, as well as purchase the necessary equipment and other supplies.
Article 22. Agency and Substitution of a Notary
Where a notary is not able to perform his duties due to sickness, leave or any other reason, a notary's agent or a substitute notary shall be appointed in accordance with the procedure laid down in this Article.
A notary who is not able to perform his duties due to sickness, leave or any other reason for more than three working days must notify the Ministry of Justice of the Republic of Lithuania and the Chamber of Notaries thereof. Where a notary is not able to perform his duties due to foreseen circumstances, he must notify the Ministry of Justice of the Republic of Lithuania and the Chamber of Notaries thereof before the beginning of leave or absence for any other reason. If a notary did not perform his duties for three working days without notifying the Ministry of Justice of the Republic of Lithuania and the Chamber of Notaries thereof, he must, at the request of these institutions, provide information about the reasons which prevented him from performing his duties.
A person who meets the requirements set out in points 1, 2, 3, 4 and 5 of the second paragraph of Article 3 of this Law may be appointed as a notary's agent. A notary's agent may also be a former notary whose powers have expired pursuant to point 8 of the first paragraph of Article 23 of this Law, but no longer than until 70 years of age. A notary's agent shall be appointed on the basis of applications of the notary on whose behalf an agent acts (the principal) and the person who agrees to act on his behalf. Where a notary who is not able to perform his duties does not request to appoint a notary’s agent the Minister of Justice of the Republic of Lithuania shall, having regard to the opinion of the Presidium of the Chamber of Notaries, have the right to appoint a notary’s agent on his own initiative, where it is necessary to ensure the operation of the office of the notary who is not able to perform his duties.
The appointment of a notary's agent shall be executed by an order of the Minister of Justice of the Republic of Lithuania specifying the time period during which the person who is appointed will act as a notary’s agent or circumstances under which the person who is appointed will act as a notary’s agent. In this case a notary's agent shall be appointed for a period of one year.
A person may be appointed as an agent of one notary only. The duties of a notary’s agent may be exercised by a person who has been appointed as a notary’s agent and has taken an oath in accordance with the procedure laid down in Article 5 of this Law. If before his appointment as a notary’s agent the person has previously sworn a notary’s oath in accordance with the procedure laid down by this Law he shall not have to take a fresh oath. The principal may not perform notarial acts during the period of agency.
Prior to the assumption of office by the appointed notary’s agent, the principal shall conclude an agreement with him on remuneration for the performance of duties of a notary’s agent and the organisation of work of the notary office. Where a notary’s agent is appointed on the initiative of the Minister of Justice of the Republic of Lithuania, an agreement with the appointed notary’s agent referred to in this paragraph of this Article shall be concluded by the Chamber of Notaries prior to the assumption of office.
A notary’s agent shall be dismissed from office by an order of the Minister of Justice of the Republic of Lithuania:
2) when duties of a notary’s agent are performed in cases other than specified in the order of the Minister of Justice of the Republic of Lithuania;
4) on other grounds provided for in the first paragraph of Article 23 of this Law.
A notary's agent shall have all the rights and duties of a notary, save for the exceptions provided for in this Law. A notary’s agent shall be subject to the restrictions on notarial activities provided for in this Law. A notary's agent shall perform notarial acts on behalf of his principal; he shall attest or certify his notarial acts by his signature and the seal of his principal. A notary's agent shall perform notarial acts in the office of his principal, except for the cases specified in Article 28 of this Law where notarial acts may be performed at places other than the premises of the notary office.
Liability for damage caused by the notary's agent to natural or legal persons in the pursuit of notarial professional activities shall be incurred by his principal. The liability of the notary's agent to the notary for damage caused by the notary's agent and for damages paid by the notary to natural or legal persons shall be determined in the agreement referred to in the sixth paragraph of this Article.
By an order of the Minister of Justice of the Republic of Lithuania, a substitute notary may be appointed for a period not exceeding thirty days. Where, upon the expiry of this period, the notary who is substituted for is further not able to perform his duties, a notary's agent shall be appointed. A substitute notary shall be charged with providing services in the territory of jurisdiction of a notary who is temporarily unable to perform notarial duties, as established pursuant to Article 6 of this Law. The substitution of a notary shall be executed by an order of the Minister of Justice of the Republic of Lithuania. A notary may act as a substitute for one notary only. The notary who is substituted for may not perform notarial acts during the period of substitution. During the period of substitution, a substitute notary shall, in his own name and at his own expense, perform notarial acts relating to any inheritance which has been opened within the territory of jurisdiction of the substituted notary, as well as to the issue of documents drawn up by the substituted notary, which are kept in the office of the latter, in accordance with the procedure laid down in Articles 14, 38 and 39 of this Law. During the period of substitution, a substitute notary shall perform notarial acts in his notary office. A substituted notary and a substitute notary shall agree in writing on the use, during the period of substitution, of documents drawn up in the course of activities of the substituted notary.
Article 22(1). Suspension of the Powers of a Notary
The powers of a notary shall be suspended by an order of the Minister of Justice of the Republic of Lithuania where the notary holds an elective position, except for self-governing bodies of notaries.
The powers of a notary may be suspended in accordance with the procedure laid down in the first paragraph of this Article, where a disciplinary action has been instituted against the notary, or where the notary is suspected or accused of having committed a criminal act.
In the cases specified in the first and second paragraphs of this Article, the powers of a notary shall be suspended until the grounds on which the powers of the notary have been suspended cease to exist.
The powers of a notary may also be suspended in accordance with the procedure and on the grounds established by other laws.
Article 23. Expiration of the Powers of a Notary
The powers of a notary shall expire:
4) where he does not meet the requirements set out in point 7 of the second paragraph of Article 3 of this Law;
5) upon the effective date of a court judgment convicting the notary of a serious or grave crime, irrespective of whether or not the conviction has expired, or convicting of any other criminal act where the conviction has not yet expired;
6) upon the approval by the Minister of Justice of the Republic of Lithuania of the recommendation of the Court of Honour of Notaries to remove the notary from office;
9) if for over two successive months the notary fails to pay taxes to the state budget of the Republic of Lithuania in accordance with the procedure laid down by laws;
The powers of a notary may be extended by an order of the Minister of Justice of the Republic of Lithuania, on the recommendation of the Chamber of Notaries, until the notary reaches 70 years of age.
Note. To recognise that the third paragraph of Article 23 of the Law of the Republic of Lithuania on the Notarial Profession (wording of 23 January 2003; official gazette Valstybės Žinios, 2003, No 15-598) is in conflict with Article 29 of the Constitution of the Republic of Lithuania, the provision of paragraph 1 of Article 48 thereof: "Each human being may freely choose a job or business“, and the constitutional principle of the rule of law.
Article 24. Continuity of Notarial Activities
Upon the expiry of the powers of a notary, the Ministry of Justice of the Republic of Lithuania shall take a decision concerning further operation of the office, the continuation of outstanding notarial acts and the transfer of documents.
Article 25. Performance of Notarial Acts Abroad
In respect of nationals of the Republic of Lithuania who are abroad, notarial acts provided for in this Law shall be performed by consular officers of the Republic of Lithuania.
CHAPTER II
Notarial acts performed by notaries, consular officers of the Republic of Lithuania and wardens
Article 26. Notarial Acts Performed by Notaries
Notaries shall perform the following notarial acts:
15) draft or attest documents on the authenticity of data submitted to the Register of Legal Entities and attest that the legal person can be registered because the obligations set out by laws or the incorporation transaction have been fulfilled and the circumstances provided for by laws or incorporation documents have occurred;
16) attest to the compliance of incorporation documents of legal persons with statutory requirements;
Article 27. Notarial Acts Performed by Consular Officers of the Republic of Lithuania
Consular officers of the Republic of Lithuania shall perform the following notarial acts:
1) attest transactions, except for contracts on the conveyance, transfer for use or mortgage of immovables situated in the Republic of Lithuania, or contracts relating to other rights in rem or their encumbrances;
Article 27(1). Notarial Acts Performed by Wardens
Wardens shall perform the following notarial acts free of charge for residents of the territory assigned to a particular ward:
1) attest powers of attorney given by natural persons for the receipt of correspondence (namely, money orders and parcels), also for the receipt of wages and other payments related to employment relationships, pensions, allowances, scholarships, payments for agricultural produce purchased for processing;
Article 28. Place of the Performance of Notarial Acts
Notarial acts may be performed by any notary, except in cases of succession. The territory of jurisdiction of notaries in such cases shall be determined by the Minister of Justice of the Republic of Lithuania.
Notarial acts shall be performed at a notary office. The performance of notarial acts shall only be allowed at places other than the premises of a notary office where the person concerned is not able to come to a notary office for valid reasons (disease, disability or other cases) and requests a notary to arrive at his house, a medical or any other institution, where a notarial act is performed with the involvement of more than ten persons or where a notarial act is performed in a formal ceremony.
The place of the performance of notarial acts by consular officers of the Republic of Lithuania shall be determined by the Consular Statute of the Republic of Lithuania.
The place of the performance of notarial acts by wardens shall be determined by the Law of the Republic of Lithuania on Local Self-Government.
Article 29. Time Limits for the Performance of Notarial Acts
Notarial acts shall be performed immediately after the necessary documents have been submitted and the set fee has been collected. The performance of notarial acts may be postponed where additional information is required, but no longer than for ten calendar days.
Article 30. Explanation of the Meaning and Consequences of Notarial Acts
Notaries must explain the meaning and consequences of notarial acts to be performed to persons who want them to be performed.
In the event of a complex transaction, a protocol of the conclusion (negotiation) of a transaction may be drafted, which shall be signed by the parties to the transaction and the notary.
Article 31. Identification of Persons Requesting to Perform Notarial Acts, Verification of Their Active Legal Capacity and the Authenticity of Their Signatures
When performing notarial acts, a notary shall establish the identity of natural persons, their representatives or representatives of legal persons. The identity of citizens of the Republic of Lithuania shall be established on the basis of the produced identity card or any other identification document bearing a personal number and a photograph. The identity of aliens whose permanent place of residence is in a foreign country shall be established on the basis of the citizen passport issued in that country or an equivalent travel document intended for travelling to a foreign country and recognised in the Republic of Lithuania. The identity of aliens whose place of residence has been declared in the Republic of Lithuania shall be established on the basis of the produced temporary residence permit or permanent residence permit in the Republic of Lithuania. The identity of aliens who have lodged an application for refugee status in the Republic of Lithuania and who have been granted the right to temporary territorial asylum in the Republic of Lithuania shall be established on the basis of the produced alien's registration certificate.
When attesting transactions, the active legal capacity of natural persons shall be ascertained and the passive legal capacity of legal persons which are parties to transactions shall be verified. When attesting a will, a notary must indicate therein that he has satisfied himself that the testator has active legal capacity. Where a transaction is made by a representative, his power of attorney shall be verified.
When attesting transactions and performing some other notarial acts, the authenticity of the signatures of parties to transactions and other persons requesting to perform notarial acts shall be verified in the cases specified by laws of the Republic of Lithuania.
The means of personal identification shall be specified by a notary in the document which is being drawn up.
Courts of the Republic of Lithuania must, not later than within three days from the effective date of a decision limiting the active capacity of a natural person or lifting limitations on active capacity, send a copy of the decision to the Chamber of Notaries which shall notify notaries of persons with limited legal capacity or legal incapacity.
Article 32. Procedure for the Signing of Notarial Documents
Transactions attested by a notary, as well as statements and other documents shall be signed in the presence of a notary. Where a transaction, statement or any other document is signed not in the presence of a notary, the signatory person must personally affirm that the transaction, statement or any other document has been signed by him.
Where a natural person, due to physical defects, disease or any other reasons, is unable to sign a transaction, statement or any other document himself, a transaction, statement or any other document may, on his instruction, be signed by another natural person, indicating the reason for which the person making a transaction, statement or any other document was not able to sign it himself.
Article 33. Restriction on the Right to Perform Notarial Acts
A notary shall not be entitled to perform notarial acts for and on behalf of himself, for and on behalf of his spouse, or for his spouse's and his own relatives.
The relatives referred to in the first paragraph of this Article shall include parents, adoptive parents, children, adopted children, grandchildren, grandparents, brothers and sisters.
Notarial acts performed in violation of the rules laid down in this Article shall be null and void.
Article 34. Drawing up of Notarial Documents
Notarial documents must be written in a clear and precise manner, any terms, dates and figures related to the content of the document must be spelled out in words at least once. Names of legal persons must be spelled out in full at least once and their addresses must also be indicated.
A notary shall have the right to request from agencies, enterprises and organisations information and documents necessary for the performance of notarial acts. The respective information and documents must be provided within the time limit specified by the notary.
Article 35. Documents not Attested by a Notary
Documents with corrections, insertions, deletions and any other amendments that have not been considered, as well as pencil-written documents may not be certified or witnessed.
Any amendments must be made in such a way so that anything written with mistakes and struck through would be legible.
Article 36. Attestation and Notarial Certification
A notary shall affix an attestation clause to documents attested by the notary, put his signature and seal thereto.
A notary shall affix a notarial certificate to documents certified by the notary, put his signature and seal thereto.
A notary shall affix a notarial certificate to documents issued by the notary, put his signature and seal thereto. In certificates of succession, a notary shall additionally specify the number of the succession proceedings.
When attesting to the authenticity of a copy of the document drawn up in a foreign language, a notary shall make an attestation clause in the state language.
Where an attestation clause or a notarial certificate cannot be completed on the notarial document concerned, it may be made on a sheet of paper attached to the document. In this case, the pages with the text of the document and the page with the attestation clause or notarial certificate shall be sewn together, numbered, and the number of the pages shall be confirmed by the notary's signature and seal.
The authenticity of copies of documents kept in the notary's files on the basis of which notarial acts have been performed shall be attested in accordance with the general rules for drawing up and executing documents established by the Lithuanian Archives Department under the Government of the Republic of Lithuania.
Article 37. Registration of Notarial Acts
All notarial acts shall be registered in a single notarial register.
The notarial register must specify the following data of a notarial act that is being registered:
3) the first name, surname, personal number or date of birth of a natural person, the name, code of a legal person, the first name, surname, personal number or date of birth of its representative;
7) the rate of the notary's fee for the drafting of a transaction, a consultation or technical service;
8) the signatures of the person for whom a notarial act has been performed or a legal service provided and of all the other parties to the notarial act.
The registration number of a notarial act shall be entered in the document which is attested, certified or issued by the notary.
The entry in the register shall evidence the performance of a notarial act.
Article 38. Issue of Extracts from the Notarial Register
A notary shall issue an extract from the notarial register on the written application of legal and natural persons for whom or under whose authorisation notarial acts have been performed.
Article 39. Issue of a Duplicate of a Lost Document
Where a document attested or issued by a notary is lost, a duplicate of the lost document shall be issued on the written application of the parties to the transaction.
A duplicate of a will may be issued to heirs specified in the will when they present the testator’s death certificate.
Article 40. Refusal to Perform Notarial Acts
A notary must refuse to perform a notarial act where the performance of such an act is contrary to laws or not in compliance with their requirements.
At the request of a person who has been refused a notarial act, the reason for the refusal shall be stated in writing, also explaining in writing the procedure and time limits for appealing against refusal. The letter of refusal to perform a notarial act must specify the following: the date of the refusal, the first name, surname of the notary and the name of the notary office, the identification data of the person who has been refused a notarial act, the act requested to be performed, the reasons and legal grounds for the refusal to perform a notarial act, the procedure and time limits for appealing against refusal. The refusal to perform a notarial act shall be signed by the notary and attested by his seal.
Legal acts regulating the activities of consular posts of the Republic of Lithuania may provide for different grounds and procedure for refusing by consular officers of the Republic of Lithuania to perform notarial acts.
Article 41. Appeal against Notarial Acts or Refusal Thereof
A person concerned who believes that the notarial act performed or refusal to perform a notarial act is unfair shall have the right to appeal against it to the court according to the location of the notary office.
The notarial act performed, or refusal to perform a notarial act, by a consular officer of the Republic of Lithuania shall be appealed against to the court according to the seat of the Ministry of Foreign Affairs of the Republic of Lithuania.
Article 42. Complaints against a Notary's Activities Unrelated to the Performance of Notarial Acts
Complaints against a notary’s activities unrelated to the substance of notarial acts that are being performed shall be heard by the Ministry of Justice of the Republic of Lithuania or, on its instructions, by the Chamber of Notaries.
Article 43. Enforcement of Notarial Executive Inscriptions Relating to Protested or Non-protestable Bills of Exchange or Cheques
Notarial executive inscriptions relating to protested or non-protestable bills of exchange or cheques shall be enforceable and enforcement documents shall be enforced in accordance with the civil procedure.
Article 44. Forms of the Notarial Register, Attestation Clauses and Notarial Certificates
The forms of the notarial register, attestation clauses and notarial certificates and the rules for their completion shall be established by the Minister of Justice of the Republic of Lithuania.
Article 45. Transactions Attested by a Notary
A notary shall attest transactions in respect of which a mandatory notarial form is provided for by the Civil Code or other laws in the cases specified by the Civil Code. A notary may also attest transactions which under laws may be made in oral form or have to be made in ordinary written form.
Article 46. Attestation and Registration of Transactions
Transactions relating to the transfer of ownership of immovables or movables which are subject to legal registration under laws to another person, their lease or transfer for use in any other way, pledge or other rights in rem or their encumbrances shall be attested by a notary only after having established that this property belongs to the transferor by the right of ownership.
A notary shall attest a transaction related to joint community property where in the cases specified by the Civil Code the transaction is made by both the spouses, or one of the spouses has the power of attorney granted by the other spouse to enter into such a transaction, or there is a written consent of the other spouse or authorisation of the court.
A transaction relating to the transfer, mortgage of an immovable which is the personal property of one of the spouses but attributed to the family property, or any other encumbrance of rights in rem shall be attested by a notary only subject to a written consent of the other spouse. Where a family has minor children a transaction in respect of an immovable which is treated as the family property shall be attested by a notary only subject to the authorisation of the court.
Transactions related to the property of a minor child in the cases specified by the Civil Code shall be attested by a notary only subject to the prior authorisation of the court.
In contracts on the transfer of ownership of an immovable, a notary shall specify the time (hours and minutes) of the conclusion of the contract. Such contracts shall also indicate that the ownership of the immovable shall pass to the acquirer from the moment of the transfer of the property, and parties to the contract may invoke the contract on the transfer of ownership of the immovable against third parties only where the fact of the passing of ownership under a transfer-acceptance deed or any other document has been registered in a public register in accordance with the procedure laid down by laws. Data about attested contracts shall be communicated by a notary to the manager of the public register within 24 hours from the moment of the attestation of the contract in accordance with the procedure laid down by laws.
Article 47. Witnesses to a Transaction
In the case specified in Article 5.29 of the Civil Code, a notary must attest wills in the presence of at least two witnesses.
A notary may attest wills and other transactions in the presence of witnesses where the presence of witnesses is requested by the testator or a party to the transaction.
A notary shall establish the identity of witnesses who are present during the attestation of the transaction. Witnesses shall put their signatures to the document which is being attested by the notary.
Persons who are beneficiaries of notarial acts may not act as witnesses.
Article 48. Attestation and Custody of Wills
A notary shall attest official wills of legally capable natural persons made in accordance with the requirements of the Civil Code.
Wills may be attested in the presence of persons who are beneficiaries where the presence of such persons is requested by the testator.
A notary shall keep official wills, wills equivalent to official wills and personal wills in his safe.
Article 49. Attestation of Powers of Attorney
A notary may attest a power of attorney on behalf of one or several persons given in the name of one or several persons.
Article 50. Number of Copies of Documents Stating the Content of Transactions
At least two copies of contracts, wills, powers of attorney and other documents stating the content of transactions shall be submitted to a notary to be attested, and one of these copies shall be retained in the files of the notary office.
Article 51. Links of Notaries with State Registers
When attesting transactions, a notary must verify data stored on central databanks of state registers and considered essential for the performance of a notarial act and the protection of legitimate interests of persons.
In the cases and in accordance with the procedure established by legal acts, a notary must communicate data to state registers about attested transactions, facts of the acceptance of inheritances.
Notaries shall receive data from central databanks of state registers via computer networks under data exchange agreements.
Article 52. Issue of a Certificate upon the Death of One of the Spouses
A certificate of title to a share in joint community property may be issued on the written application of the surviving spouse in respect of one half of the joint property acquired during the marriage.
Where joint community property is registered in the name of the surviving spouse, with the consent of the latter, a certificate specifying the share of the deceased spouse may be issued.
A certificate of title upon the death of one of the spouses shall be issued by a notary of the place of the opening of an inheritance.
Article 53. Performance of Notarial Acts for Aliens and Foreign Legal Persons
Notarial acts for aliens and foreign legal persons shall be performed in accordance with the procedure laid down by this Law.
Article 54. Acceptance of Documents Drawn up Abroad at Offices of Notaries of the Republic of Lithuania
Documents drawn up abroad with the involvement of foreign public authorities shall be accepted by notaries of the Republic of Lithuania if they are legalised by institutions of the Ministry of Foreign Affairs of the Republic of Lithuania.
Notaries of the Republic of Lithuania shall accept documents that have not been legalised if it is provided for by laws of the Republic of Lithuania, international treaties and agreements to which the Republic of Lithuania is a party.
Article 55. International Treaties and Agreements
Where an international treaty or agreement to which the Republic of Lithuania is a party establishes rules for notarial acts other than those laid down in laws of the Republic of Lithuania, notarial acts shall be performed subject to the rules of the international treaty or agreement.
Article 56. Candidate Notaries (Assessors)
A candidate notary (assessor) shall be a natural person who is qualifying himself for notarial professional activities in accordance with the procedure laid down in this Law.
The number of candidate notaries (assessors) shall be established by the Minister of Justice of the Republic of Lithuania, taking into account the prospects and trends for the activities of the notarial profession prepared by the Chamber of Notaries and submitted to the Ministry of Justice of the Republic of Lithuania in accordance with the procedure laid down in the first paragraph of Article 11 of this Law.
A candidate notary (assessor) may be a natural person who meets the requirements set out in points 1, 2 and 4 of the second paragraph of Article 3 of this Law and has won a public competition for candidate notaries (assessors) in accordance with the procedure established by the Minister of Justice of the Republic of Lithuania.
Article 57. Employment and Dismissal of Candidate Notaries (Assessors)
Candidate notaries (assessors) shall be appointed and dismissed by the Minister of Justice of the Republic of Lithuania.
A person who has won a public competition for candidate notaries (assessors) must submit his application to appoint him as a candidate notary (assessor) to the Minister of Justice of the Republic of Lithuania not later than within three months after the end of the public competition. An order of the Minister of Justice of the Republic of Lithuania on the appointment of a candidate notary (assessor) shall specify the commencement of traineeship for the candidate notary (assessor).
A candidate notary (assessor) shall be appointed to undertake notarial traineeship with a notary proposed to the Minister of Justice of the Republic of Lithuania by the Presidium of the Chamber of Notaries.
The traineeship of a candidate notary (assessor) shall end:
2) when it becomes known that a candidate notary (assessor) may not hold the office of notary for the reasons of inadequate qualifications or ethics;
Article 59. Notarial Traineeship of a Candidate Notary (Assessor)
The procedure for undertaking notarial traineeship by candidate notaries (assessors) shall be established by the Minister of Justice of the Republic of Lithuania, upon agreement with the Presidium of the Chamber of Notaries.
The programme of notarial traineeship undertaken by candidate notaries (assessors) shall be drawn up by the Presidium of the Chamber of Notaries. The traineeship of candidate notaries (assessors) shall be organised and supervised by the Chamber of Notaries.
A candidate notary (assessor) shall have the right to perform notarial acts during the period of agency, provided he has served as a trainee notary for a period of at least one year, has passed the notary qualification examination, has taken an oath in accordance with the procedure laid down in Article 5 of this Law and has been appointed as a notary's agent in accordance with the procedure laid down in Article 22 of this Law.
Article 60. Liability of Candidate Notaries (Assessors)
Candidate notaries (assessors) shall be held liable for damage caused to a notary supervising their traineeship in accordance with the procedure laid down in the Civil Code of the Republic of Lithuania.
Article 61. Social Guarantees for Candidate Notaries (Assessors)
The Chamber of Notaries shall pay to candidate notaries (assessors) a grant in the amount of the minimum wage.
The Chamber of Notaries shall cover candidate notaries (assessors) by state social insurance in accordance with the procedure laid down by the Law of the Republic of Lithuania on State Social Insurance.
Candidate notaries (assessors) shall be granted annual leave of 30 calendar days. A grant shall be paid for the period of leave.
Article 62. Restrictions on Activities of Candidate Notaries (Assessors)
A candidate notary (assessor) shall be prohibited from having any other job or engaging in any other paid activity (except for research or teaching and creative work). A candidate notary (assessor) may work under an employment contract at the notary office where he is undertaking his traineeship.
Article 63. Repealed as of 12 February 2003.
Article 64. Repealed as of 12 February 2003.
Chairman of the Supreme Council
of the Republic of Lithuania VYTAUTAS LANDSBERGIS
Translated by K. Šatkuvienė