REPORT ON THE ACTIVITY OF THE NOTARY CHAMBER OF GEORGIA FOR 2013

The year of 2013 for the Georgian Notariat was remarkable in respect of introduction of innovative notary services, growth of availability of notary service, development of international relations. The main priorities of the Notary Chamber do not change: introduction and development of qualitative, simplified, secure, available services.

In Georgia a notary performs up to 30 functions. Some functions are exclusive for notaries, some are not, nevertheless in case of notarial participation there is more guarantee of security and protection. Meanwhile Georgia is the only country, where notary actions are made in online mode.

For the last year 1345158 notary acts were made in the territory of Georgia.

39400 notary acts were made by the Internet. Since 2010 an application, agreement, power of attorney can be notarized in the online mode; additionally a deal can also be notarized in an online mode, though only in the territory of Georgia.

23899 inheritance certificates were issued. An inheritance certificate is a document certifying a title for inherited property, which can be issued only by a notary. You must have an inheritance certificate to get the ownership of inherited property;

1983 testaments were notarized. Testament is one of the forms to transfer property of a deceased person to another person (to legal heirs and third persons as well). It is expedient to notarize a testament to avoid any expected disagreements and risks in the future;

7948 mortgage agreement were notarized. A mortgage agreement defines liabilities between a debtor and a creditor. Notarization of a mortgage agreement is a guarantee of trustworthiness and security for creditors as well as for debtors.

New Notary Service – Notary Mediation

Notary mediation enacted in Georgia since the 1^st of October, 2013. Notary mediation is an alternative form of regulation of civil disputes (family, inheritance, neighbor, material and nonmaterial). The disputing parties go to a mediator notary instead of going to the court and he helps them to start negotiations and resolve the dispute with an amicable agreement. After termination of the mediation process a notarized act is made. The given act defines liabilities of the parties.

The notary mediation process can be made according to the requirements of the disputing parties at the notary bureau and outside of it. 170 notaries acting in Georgia can perform the function of a mediator. Their coordinates are given in the webpage of the Notary Chamber of Georgia.

Notary mediation has a lot of advantages as an alternative method of dispute regulation: the process is carried out in a comfortable environment; disputing parties can appoint their visit to the notary in advance and they will not have to wait; any information delivered during the negotiation process is confidential; the parties get assistance from a qualitative and objective lawyer; therefore the dispute often is resolved not only with an amicable agreement, but with reconciliation as well; meanwhile the mediation fee is defined according to an agreement between the notary and disputing parties.

 

Notary to Each Region of Georgia

The last year notaries were appointed in 8 regions out of 11, where there had been no notary.

One of the most important priorities of the Ministry of Justice and the Notary Chamber of Georgia is availability of notary service. Therefore majority of notaries appointed the last year act in the towns and regions, where there had been no notary service before, or number of notaries was insufficient for proper service delivery.

The Notary Chamber of Georgia maximally assists to notaries appointed in regions with organization of the notary bureau, technical equipment and efficient implementation of the notary service.

 

Electronic Base of Disabled Persons

The Notary Chamber of Georgia has established an electronic base of disabled persons being an additional mechanism to secure citizens interests during performance of notary actions.

During performance of any notary action a notary checks capability of a person to provide protection of his interests. This check is especially relevant during notarization of deals. Establishment of the given base will significantly simplify notary activity. Therefore securing citizens’ interests (including the ones of disabled persons) will be simplified as well. Data of adults acknowledged as disabled by the court was delivered to the Notary Bureau of Georgia by the Social Service Agency.

 

Training Center of the Notary Chamber of Georgia

The Training Center of the Notary Chamber of Georgia was established in 2010. The main function is preparation of probationers wishing to become notaries and enhancement of qualification of acting notaries and their assistants.

From among probationers trained by the Training Center of the Notary Chamber 50 persons have already been appointed to the position of a notary and are successfully engaged in notarial activity. Nowadays the Training Center carries out trainings for 33 persons with legal education.

Training at the Notary Chamber of Georgia is one of the most important conditions to occupy position of a notary. The probation period makes 8 months and includes theoretical and practical trainings. After termination of the both courses a probationer has substantial theoretical knowledge and practical skills necessary for notary activity.

The Training Center of the Notary Chamber trains the persons wishing to become notary assistants according to similar principle. The candidates pass theoretical training (legislation related to notary activity), acquire skills of effective service and practical course in notary bureaus. After successful completion of the notary assistant training courses the data of the graduates are placed in the webpage of the Notary Chamber. A notary chooses an assistant from the database. 14 graduates of the Training Center have already been employed at notary bureaus.

The last year several seminars organized by the Training Center for enhancement of notary qualification were carried out.

The Center continues active cooperation with higher educational institutions. Students of legal faculties will be carried out seminars in notary mediation and notary legislation.

 

Development of International Relations

The Notary Chamber of Georgia is a member of the International Union of Notaries since 2007 and takes an active part and hosts international conferences and meetings.

86 notariats of member countries of the International Union of Notaries are based on the principles of Latin notariat. It implies that notariat is a very important link foer regulation of legal relations in a country. A notary is a trustworthy and objective advisor and provides security of citizens’ rights and property.

Active international relations enhance better introduction of the abovementioned principles in the Georgian notariat, sharing experience on notarial reforms and novelties. The year of 2013 was very active in this respect.

Member of the Board of the Notary Chamber of Georgia David Okroshidze was elected as the ember of the General Council of the International Union of Notaries; members of the Notary Chamber participated in the International Conference of Notaries carried out in Berlin on the 14-15^th of March and the International Scientific and Practical Conference carried out in Poznan, Poland.

Delegation of the Notary Chamber of Georgia visited the High Council of French Notariat and then representatives of the High Council visited the Notary Chamber of Georgia. The purpose of the visits was development of relations between the Georgian and French notariats and sharing of the experience with each other.