Answers to Hot topics

Electronic Services

Question: What type of notary acts may be performed via internet?
Answer: The following notary acts may be performed on-line, via internet: any type of consent, declaration, Power of Attorney. The said notary acts may be performed from any country of the world.
Furthermore, deals by participation of two or more notaries may also be performed via internet, only within Georgian territory.

Question: How can I certify Power of Attorney on-line?
Answer: On-line certification of the Power of Attorney may be made with any notary. Instead of the grantor, at his (her) request, Power of Attorney is signed by the proxy (attorney). Also the said act shall be additionally attended by one witness, to sign the Power of Attorney. It shall be noted that Grantor shall be the Georgian citizen or person known to the notary.

Question: I am in Batumi and not able to go to Tbilisi. How can I certify the Agreement via internet?
Answer: You may go to the notary of Batumi, while the other party is authorized to appear to any other notary. Notaries will communicate with each other on-line in the presence of the Parties to the deal.

Question: How can I check if my notary act is registered?
Answer: You may search for and check the information about performed notary act in ,,Electronic Registry of Notary Acts” at the official web-site of the Notary Chamber of Georgia:

Service of the Archives of the Notary Chamber

Question: Where shall I search for a document being certified by the notary whose commission has been terminated?
Answer: You may get documents being executed by the notaries whose commission has been terminated at the Notary Chamber of Georgia, notary offices and Houses of Justice. Electronic Registry of notary acts maintained at the archives enables using of archive services of the Chamber without any territorial limitations. Since September 1, 2011, all notaries practicing in Georgia have fully registered information about testators (in spite of their dates of death) and wills  in the General Registry  of Wills. Accordingly, certified copies of notary acts having been entered in the electronic registry in scanned versions are available. Archive employees need no more search for requested documents in special books, but they may directly search for in electronic base and print it out.

Question: Do I have a right to get the document from notary archives which is not drawn on my name?
Answer: Form notary archive or archives of the Notary Chamber of Georgia you are entitled to get only the document being drawn up by your participation or on your name. If you submit a notary certified Agreement of Assignment (Power of Attorney, Authorization) by indicating the relevant authority, you may get the document interesting for you.
In default of information about getting of inheritance certificate, a reference may be issued to any person, but identity of heirs shall not be specified in such reference.

Notary Acts

Question: Where can I check is the will revoked or amended or not?
Answer: One may search for and check information concerning revocation or amending of notary-certified will with the notary who had certified that particular will. If the notary having certified the said will is not any more in notary’s commission, you may apply to the archives of the Notary Chamber of Georgia (142, Tsereteli Ave. Tbilisi) or Houses of Justice.

Question: I wish to revoke my will. What shall I do?
Answer: One may revoke his (her) own will any time. A person wishing to revoke the will is entitled to apply to the notary with whom such will was certified or any other practicing notary. Besides one may draw up a new will directly revoking the previous will or part whereof which contradicts to a new testament.

Question: I want to get a will being drawn up on my name from notary’s archive. Am I entitled or not?
Answer: You will be entitled to get information concerning the will being drawn up on your name from the notary’s archive or archives of the Notary Chamber of Georgia only after submitting testator’s Death Certificate.

Question: At getting the inheritance it turned out that there were several wills at the notary office. How can I get the inheritance?
Answer: If it turns out that testator has made several wills, their contents will be of essence. Namely, if such wills substantially fill in and do not entirely change one another, all of them will maintain their force. Furthermore, previous testament maintains its force so far as directives are not changed by the following one.

Question: My deceased father has left two wills, one of them is notary certified and other is not. Which version shall I submit to the notary?
Answer: In such case notary certified testament shall prevail.

Question: A will has been drawn on my name under which a house was devised. Notary refuses to give me an inheritance certificate by motive that the house did not belong to the deceased
Answer: One of the conditions of getting the property under the will is that it should be registered in the name of testator. If it turns out that testate estate mentioned in the will is not registered in testator’s name according to the data of the Public Registry or Archive of Technical Registration, in such case testator’s heir under testament cannot get an inheritance certificate on the estate mentioned in it.

Question: I and my husband wish to draw up a will together. What shall we do?
Answer: Spouses may make joint will but only on inter-inheritance. i.e. joint will may not concern to any other person except spouses.

Question: I am the heir of the person, who had property in Georgia but for the moment of decease was the citizen of foreign country.
Answer: A notary of the country the citizen of which was testator for the moment of deceasing shall issue an inheritance certificate. The said certificate shall be submitted by the heir to the Georgian notary having jurisdiction over the territory of the location of the property, after which inheritance certificate shall be issued on the certain property owned by the testator in Georgia.

Question: I have submitted a photo-copied document to the notary and she refused to certify it. What can I do?
Answer: Certification of the copy of a document means proving the correspondence of the document with its original. Accordingly, you should have an original of the document in order to certify its copy.

Question: In which case is issued a writ of execution by the notary?
Answer: For getting a writ of execution, upon signing a Mortgage or Pledge Agreement one shall demand inclusion of the provision about issuing a writ of execution is such agreement. In case of failure to fulfill the obligation the damaged party gets a writ of execution immediately from the notary, providing returning of sum without applying to the court.

Duty for Notary Act

Question: How can I find out whether notary makes me pay correctly?
Answer: Duties for executing notary act by the notary is calculated in accordance with the Georgian Law ,,On duties for executing notary acts” and The Regulation №507 of the Government of Georgia ,,About approving the duties for executing notary acts and amounts of fees established for the Notary Chamber of Georgia, rule to make pay and terms of service”, dated December 29, 2011. Amount of duty being paid shall be stated in the notary deed given to the participant of the notary act, as well as registry of notary acts. Besides information on duties for notary acts shall be placed on easily visible place in each notary office.

Question: Can I get a check on the duty paid to the notary?
Answer: yeas, one can get a receipt confirming payment of notary duty. As soon as notary deed is registered in electronic registry an electronic program automatically draws up and prints a document proving the payment for notary service – an invoice. Expediency of the duty being paid by the citizen, as well as bank requisites of the notary are  provided  in details in an invoice.

Question: Is it possible to find an invoice if it was lost?
Answer: Yes, it is possible. The document proving the payment for notary service is available in ,,Electronic Registry of Notary Acts” at the official web-site of the Notary Chamber of Georgia: After entering the relevant data in the program, it is possible to find the notary deed, as well as an invoice for it.

Notary document certified in other country

Question: Is notary obliged to accept a document being drawn up and notary- certified in a foreign country?
Answer: A document being notary-certified in a foreign country, to be submitted to the Georgian notary shall be certified by apostille and completed in the official language of the document. Convention de la Hague, dated October 5, 1961 revokes the need for legalization of documents being issued by the official bodies of member states (including Switzerland). As far a Georgia became the member to the convention, a document drawn up and certified in notary order shall be proved by apostille (special stamp proving the validity of the document).

Question: I have made certification of translation of the document in Georgia, which is to be submitted in other state. Do I need to legalize it?
Answer: If you have to submit the notary-certified document in other state being the member of the Convention de la Hague, dated October 5, 1961, it is enough to certify it only with apostille, as long as from May 15, 2007 the said convention was constituted in Georgia and it revokes the need for legalization.

Notary Candidates

Question: How can I become a notary?
Answer: Notary position may be occupied by a capable Georgian citizen with higher legal education, having passed special training or at least one year experience of working as notary, or at least 5-years experience of working with his (her) specialty in public service, who also passed qualification examination of notaries and the contest in accordance with the ,,Rule  of holding the contest for selection of notary candidates”, approved under Order №3 of the Minister of Justice, dated January, 2012.

Question: Where and how can I pass notary training?

 Answer: One may pass training at the training center under the Notary Chamber of Georgia. Selection of notary candidates and their enrollment at the training center shall be made on the basis of contest.

Question: May I pass qualification examination of notaries before completion of notary training?
Answer: Any citizen with higher legal education is entitled to pass qualification examination of notaries. Thus, you may pass such examination concurrently to passing notary training.