Regulation No. 202 / 1949 Coll.
Order of the Minister of Justice implementing certain provisions of Act No. 201 / 1949 Coll., on notaries
Valid
Effective from 21.08.1949
202.
Order of the Minister of Justice
of 15 August 1949
implementing certain provisions of the Law of 14 July 1949, No 201 Coll., on notaries.
The Minister of Justice hereby orders, pursuant to Article 43 of the Law of 14 July 1949, No 201 Coll., on notaries:
(1) The prescribed professional competence pursuant to § 2, paragraph 1 of the Act of 14 July 1949, No 201 Coll., (hereinafter referred to as "the Act") is to understand:
(a) having completed legal studies,
(b) the successful composition of the professional judicial examination;
(c) five years of legal practice with a notary; such legal practice may be taken into account in a total of not more than two years' legal practice before a court or lawyer.
(2) The Minister of Justice may waive the formalities provided for in paragraph 1 or any of them.
The prescribed professional competence under Paragraph 18 (1) of the Act is to understand with the benefit of completed legal studies. The Minister of Justice may forgive, in whole or in part, the required study; This is waived and the requirement laid down in Paragraph 1 (1) (a).
(1) The notary of the newly appointed must ask the Regional Council to approve the official seal.
(2) The seal contains a small state emblem of the Czechoslovak Republic; around him is the name and surname of the notary with the name "notary" and its registered office.
(3) After the official seal has been approved, the notary of the county congregation shall present three fingerprints of his seal accompanied by his signature, which he shall use in the performance of the notary, bearing the name "notary '; that designation may also be written by another person or printed.
(4) The Regional Choir shall send a copy of the approved official seal with the official signature of the notary to the President of the Regional Court responsible according to the notary's seat, requesting that the notary be taken into the oath.
(5) The President of the Regional Court shall issue a certificate to the notary and inform the Regional and Central Choir of the composition of the promise.
(1) The notary may not use his official seal for private documents. It shall ensure that it is not misused; If he is lost or needs to be changed, he must notify the Regional Council and request approval of a new seal. The new seal must be different from the former.
(2) The notary can also change his official signature only for serious reasons with the approval of the county corps.
(1) If the notary's office is destroyed, if the notary's notary has been translated, if his seal has been changed or if the lost seal has already been replaced by a new seal, either the old seal has been given to the notary's archive; either fitted with a screw so that it cannot be used but can be identified.
(2) If the Central Choir has determined that the notaries' administrator is to use the seal of the notary whose office has ceased to exist, the seal shall be given to the archive only when the decision is withdrawn.
The Central Choir shall determine the date on which the Office is to be recruited and shall publish that day in the Official Journal, Slovakia.
If the notary was transferred to another place, he does not make a new promise. Otherwise, it is appropriate to apply the provisions of Sections 3 and 5 accordingly.
(1) A notary who has been newly appointed or transferred to another place shall be entitled to perform his duties only when the date of his appointment has been determined.
(2) The notary may no longer pursue his official duties when the decision of the Minister of Justice on the termination of his office or the decision to accept the declaration of resignation has been delivered to him once he has obtained the finding of the Board of Appeal on the removal of the authority of legal authority or, before the decision on the termination of the office or in disciplinary proceedings, he has been prohibited from exercising further his duties.
The notary must mark the building of his official room with a small state emblem with his name and surname and the name "notary."
The date of expiry of the notary's office shall be published in the Official Journal of the European Union in Slovakia.
(1) The eligibility laid down in § 19 of the Act is to understand:
(a) for the permanent representation of a notary in its entirety, the eligibility prescribed in Paragraph 1;
(b) for the permanent representation of a notary in certification pursuant to § 26 of the Act, confirmation pursuant to § 28 of the Act, protests pursuant to § 29 of the Act and activities under the order of the court pursuant to § 31 of the Act, eligibility prescribed in § 1, § 1, paragraph (a) and two years of legal practice with a notary.
(2) The Minister of Justice may waive the formalities provided for in paragraph 1 or any of them.
(3) Any notary's associate may be appointed to represent the notary in the death records, the survivor's roster and the conclusions and the estimates and auctions of the court order.
(1) As a permanent representative of a notary, the notary associate shall be signed by reference to his mandate and shall use the official seal of the notary he represents.
(2) The notary is obliged to co-sign the acts of his / her permanent representative, if their nature so permits, and to examine the files if they remain with the notary.
The provisions on the performance of the official activities of notaries shall also apply to notaries, notaries and notaries appointed by the permanent representation of notaries.
(1) If the notary cannot exercise his office for more than eight days for a disease or for any other reason, he must apply to the county notary corps (hereinafter referred to as the "regional corps') for leave and, if he does not have a permanent representative under § 11 (1) (a), for the provision of a representative under § 7 of the law.
(2) The representative of the notary shall sign with reference to his provision and use the official seal of the notary he represents.
(1) The Central Board shall determine whether the notaries' administrator is to use the new official seals or seals of the predecessor. The new official seal is also subject to the provisions of Sections 3 and 4, with the exception that the seal contains the term "notaries' administrator.
(2) The notaries' manager is signed with the name "notaries' manager.
The Regional Choir shall require from the representatives of the notary and of the notary associates appointed by the permanent representative of the notary three copies of their signatures, one of which shall be sent to the Central Choir and one to the President of the Regional Court, responsible for the seat of the represented notary.
(1) The notarial documents shall be clearly and legibly written; only the usual and generally understandable abbreviations are allowed. The gaps are either filled with lines.
(2) The figures for which the seriousness of the request so requires should be written down at least once. the date of the notarial instrument shall also be written in words.
(3) Nothing in the notarial list shall be scraped, deleted or rendered illegible. If any words need to be crossed out, they must remain legible.
(4) Where other amendments or additions are needed, either appear in the text of the document or in the Appendix on the instrument attached and in the appropriate place either referred to them.
(5) A reference shall always be made to any cuts made, not just to cuts of non-compliant words in a pre-printed form or stamp, to corrections or additions in the continuous text of the instrument before signature; If this is not possible, the supplement on the list shall be signed by the notary, the participants and other persons admitted to the hearing. Corrections or additions on lists not signed by participants shall be signed only by a notary.
(1) The individual pages of the notarial list should be numbered and a reference number should appear on the list if the document is registered (§ 46).
(2) If a list of several sheets or sheets is folded, it is bound to be firmly joined together and attached to the seal of the notary. They shall also be attached in this way to the Force and other annexes. Annexes which cannot be firmly linked to the instrument shall bear the symbol for the annexes and the instrument reference number.
(1) The notary shall sign the instrument on each sheet or individual sheet and, at the end, for the signatures of the participants and other persons and shall press the official seal. They shall also attach their signature to each annex.
(2) Participants, witnesses, confidants and interpreters are signed at the end of the Charter. However, identity witnesses may sign the document itself for the identity confirmation.
(3) If the participant, witness, confidant or interpreter is unable or unable to sign, the notary shall state that fact on the list; as far as possible, those who cannot or cannot sign have a hand sign.
(4) In the cases referred to in paragraph 3, two witnesses shall be added.
If a notary is not allowed to act when procuring public documents for the reasons set out in Section 22 of the Act, neither his representative under Section 7 of the Act shall act nor the notary associate responsible for his permanent representation.
The notary is obliged to observe that, in matters of notaries, the persons working in his office also remain silent.
The notarial registration shall be drawn up and signed no later than the day on which the hearing was concluded. The period of termination shall be relevant for the registration and order of the number of the case.
If the notary of the participant is not known in person and on behalf of the participant, the identity of the participant shall be demonstrated by an official document bearing the form and signature or endorsed by two witnesses.
(1) The notary must add two witnesses to the action:
(a) if he writes a notarial record of the succession contract,
(b) if the participant is blind, deaf or dumb,
(c) if the participant cannot read or write,
(d) if the participant does not know the language in which the notarial registration is to be written.
(2) Witnesses of an act may also be recruited by the notary in other cases, if he considers it appropriate and agrees with the participants.
(1) Witnesses of identity and witnesses to an act may not be persons under the age of 18, those who, because of their physical or mental characteristics, are unable to give testimony who cannot read and write, persons who are in the notary's office and persons who are notaries or close to a participant.
(2) The identity of the witness and of the witness shall be known to the notary in person and on behalf of the notary, or his identity shall be established in accordance with Article 23.
(1) Witnesses shall be present at the latest when the notarial registration is read to and signed by the participants.
(2) If the participants are not present at the same time, the witnesses must be present at the reading of the minutes and their signature by each participant and expressly noted in the minutes.
(3) If a notarial record is drawn up with a blind, deaf or mute, witnesses must also be present at the speech of the participant on what is to be included in the registration.
(1) If a notarial participant is deaf or dumb and can read and write, he must read the notation himself and credit it with his own hand that he has read it and that it is compared to his will.
(2) If he is unable to read and write, his confidant shall, in addition to witnesses, be bound by the act, who shall communicate with him by means of shifts, signs or other means and through which the notary shall establish the true will of the participant.
(3) Unfamiliar reading and writing, as well as persons close to the participant, may also be trusted. Otherwise, they shall be required to be a qualified witness.
(1) If the participant or a witness does not know the act of the language in which the registration is to be written, a permanent interpreter shall be added. The interpreter must have the formalities of a qualified witness.
(2) The notary is then obliged to examine the will of the participant by the interpreter, write the minutes thereof and have it translated by the interpreter to the participant. The written copy of this translation certified by the interpreter shall be annexed to the notarial record.
(3) If the notary himself is a permanent sworn interpreter of the language in question, there is no need to add another interpreter. However, the notary shall investigate the provisions of paragraph 2.
(1) The certificate of authenticity of the signature or the sign of the hand of the tenderer shall be drawn up by a notary on the instrument on which the signature or sign of the hand is situated or on the pendant with the instrument fixed together.
(2) If the party attaches only the sign of the hand, the notary shall add the name of the party to it by one of the witnesses, who shall sign the document showing their testimony on the list.
(3) In the notarial record, the notary shall indicate, in addition to the general requirements, the manner in which he found the identity of the participants and witnesses and the brief content of the document.
(1) A notary may certify that someone is alive or in a specific place, if he knows the participant personally and in his name or if he finds out his identity in accordance with § 23.
(2) The notarial record shall indicate the person of the applicant and all circumstances to be certified, in particular that the person concerned is alive or at a specific place where, where and how he has established this.
(1) When a notary has been submitted to the notary, the notary shall certify by indicating on the original or certified copy submitted the day, month and year and, if significant, the hour and place where it was submitted to him.
(2) At the request of the tenderer, it shall also certify who has submitted the instrument and how it has established its identity.
(3) The notarial record shall indicate all the certified facts, in particular the description and brief content of the document.
(1) Where a notary has been asked to certify that a declaration (notification) has been sent or communicated and that it has a certain content, the content of the declaration shall be indicated in the notarial record signed by the applicant. Where a participant requests a certificate by letter or by telegraph, the notary shall indicate it explicitly in the notarial record to which the letter or telegram will be attached; this also replaces the signature of the applicant. A notary must not heed a telephone request.
(2) If the declaration is to be sent, the notary shall send a copy to the person in question by registered letter or request the district court to deliver the copy in accordance with the rules governing the service of the actions. The certificate of dispatch shall be attached to the notarial record.
(3) If the declaration is to be communicated, the notary shall do so at the place designated by the applicant. At her request and cargo, she shall issue a copy of the minutes. Upon communication of the speech, the notary may, at the request of the participant, carry out legal acts such as offering payment or other performance, surrender or take over documents and other items, encourage performance and the like. The notary also notes in the notarial record that he made the statement, at the same time, where and at which time he did so, after having carried out other legal acts. The reply of the person to whom the declaration has been communicated shall be entered by the notary only at his request or with his permission; in that case, its signature shall also be required. If the signature has been refused, the notary shall sign the registration only and state the reason for the refusal. If the person to whom the declaration is to be made has not been contacted at the designated place, if he refused access to the notary, if he refused to hear it or if the notary was otherwise prevented from attending it, either on the record and noted what the notary had done to comply with the order; if the participant has requested, in such a case, that the declaration be sent to that person, the notary shall proceed in accordance with paragraph 2.
(1) If the notary is to certify what resolutions have been made by the legally authorised assembly, in particular the general meeting or other body of the company, cooperative or association, he shall record the place and time of the assembly and the resolutions adopted, as well as the speeches and other events in the assembly which are relevant to the assessment of its conduct.
(2) The minutes shall be signed by the President and, where possible, by two other members of the Assembly.
(3) The identity of the persons present in the assembly should be confirmed on request. If such confirmation is not registered, the notary shall not be responsible for the identity of the persons mentioned in the minutes.
(1) When a notary has been asked to certify other facts which have occurred in his presence or which he himself has discovered, he must state in the record everything that has occurred in his presence or what and how he has found it.
(2) Upon request, the notary shall also identify the applicant or other interested parties where possible.
(3) Where a participant requests such a certificate in writing or by telegram, a letter or telegram shall be attached to the registration.
The full power and other annexes to the notarial registration may be attached in the original or certified copy. These annexes must be read only if a participant so requests.
(1) Notary certificates and complete or partial copies may be issued from notarial entries, free or certified.
(2) The full content of the registration must be included in the certificate issued by the notary.
(1) The certificate is a notarial document, marked in the title "notarial certificate," containing the verbatim version of the notarial registration, a certificate that the certificate conforms to the registration and an indication to whom and when it is issued.
(2) The text of the annexes to the notarial registration need not be included in the certificate; However, this must be indicated in the certificate.
(3) At the end of the certificate, the notary shall attach his signature and official seal.
(1) In the case of Paragraph 26 (2) (a) of the Act, the certificate remains only on the document itself. the endorsement shall contain, in addition to the reference number of the notarial registration, only a certificate of authenticity of the signature or of the signature of the tenderer, his name, employment, residence and an indication of whether he is known to the notary or whether his identity has been established in the prescribed manner.
(2) In the case of Paragraph 26 (2) (c) of the Act, the certificate remains only on the document itself. the clause contains the information set out in Section 31.
(3) In both cases, the date, the signature of the notary and his official seal shall be attached.
(1) In the case of Paragraph 26 (2) (d) of the Act, the notary shall issue a certificate to the subscriber that he has communicated or dispatched the declaration (Paragraph 32) and how it did so. The certificate shall indicate both the names of the applicant and the person to whom the declaration was sent or communicated, the verbatim version of the declaration, the date, month and year and, if necessary, the hour at which it was made. The reply of the person to whom the declaration has been communicated shall be entered in the certificate only if it has been registered.
(2) The notary shall also indicate on the certificate how he found the identity of the applicant, if it was necessary to detect it, and how he was satisfied of the identity of the person to whom the declaration was made. The notary is not responsible for the identity of the person to whom the statement was made if he could not examine the identity.
(1) A notarial registration certificate may be issued directly in the amended, supplemented or corrected version if the text changes, additions and corrections to the notarial registration have been made in the course of an examination of the provisions in force.
(2) If the notarial registration has been amended, supplemented or corrected by a later notarial entry, a common certificate may be issued from both entries or certificates from the original entry in the amended, supplemented or corrected version; in which of the two methods it has become so, it must be specified in particular in the certificate.
(1) The original notarial record shall be kept by the notary who wrote it.
(2) Only then may the original of the registration be issued if it contains a unilateral legal declaration or if all the participants so request, if they certify the legal interest in the issue of the original and determine to whom it is to be issued. If the notary issues the original, he shall keep the notarial certificate from it, indicating on it when and to whom the original has been issued and attaching to it the instrument giving consent to the original if it is no longer part of his file. The issuing of further certificates is then excluded.
(3) Otherwise, the notary may issue the original of the notarial registration only to the court or central or regional body. If the notary issues an original to be returned to him, he shall enter a certified copy in the files, indicating on him when and to whom the original was issued, the date and number of the order and shall keep it with the original when it was returned. It shall also be noted in the register and in the minutes. The order shall be attached to the certified copy and joined in one whole. Before the original is returned to the notary, he may, if not prohibited by a court or a central (regional) body, issue certificates from that copy; However, it must be noted that, when and to whom the certificate was issued, both on the basis of a certified copy and on the original when it was returned to it.
(1) Notary certificates and copies of notarial entries may be issued, unless otherwise provided in the minutes, only to a participant (Section 25 of the Act) or to an applicant (Section 26 of the Act) or to their successors in title, even again.
(2) They may be issued to other persons only if all participants agree to this in the original or in particular on the written record.
(1) Whenever a notary issues a notarial certificate, he shall note on the notarial record, after a certified copy based in accordance with § 41 (3), when and to whom the certificate was issued. The notary will sign this note.
(2) It shall also indicate on the notarial record that it has been changed, repaired or cancelled by a later entry.
(1) The certificate provided for in Section 28 of the Act is issued by a notary in the form of a copy clause or a copy of the document; the endorsement shall contain an indication that the copy or the copy conforms entirely to the original or certified copy of the document.
(2) The endorsement shall state:
(a) whether the instrument with which conformity is confirmed is likely to be the original or a certified copy and whether and how it is rectified;
(b) whether there are defects, changes, additions, inserts or cuts in the list submitted which could give rise to its credibility;
(c) whether any non-compliance with the instrument has been corrected on the copy (copy) of the document;
(d) whether it is a complete or partial copy of the instrument;
(e) the date of issue of the certificate.
(3) If a certified copy of several sheets or sheets consists, either joined together by a notarial seal at the seal.
(4) Similarly, a confirmation that several originals agree with each other shall be followed; the clause is to be attached to each of the originals submitted.
A notary acting by order of the court shall sign with the indication "by order of the court ', which may also be registered by a third party or printed.
A directive on the content and manner in which the register is kept, following other registers or lists, and on the safekeeping of documents and valuables shall be issued by the Central Board.
(1) Notary archives are established at the Regional Choirs.
(2) Certificates, complete or partial copies, free or certified, may be issued from files stored in the notarial archive; such notarial documents issued by the archive shall be signed by the Chairman of the Regional Choir.
(3) The Chairman of the Regional Assembly shall decide on the inspection of the notarial archive and the issue of the documents kept therein.
This Regulation shall enter into force on the day of its publication.
Zaporocký v. r.
Dr Cap v. r.
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Regulation Information
| Citation | Regulation No. 202 / 1949 Coll., implementing certain provisions of Act No. 201 / 1949 Coll., on notaries |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.08.1949 |
|---|---|
| Effective from | 21.08.1949 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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