1. What is the payment for the performance of notarial actions?
A private notary in the performance of notarial actions charges for provision of additional technical and legal services in the amounts provided for in Article 30-1 of the Law of the Republic of Kazakhstan «On Notaries»:
1) upon certification of agreements on the alienation of immovable property (land, houses, apartments, summer houses, garages, structures and other immovable property) in urban areas:
if one party is a legal entity- 7 monthly calculation indexes;
children, spouse, parents, full brothers and sisters, grandchildren- 2 monthly calculation indexes;
other persons: 5 monthly calculation indexes;
if the transaction is made for acquisition of immovable property at the expense of funds received under a housing mortgage loan - 2 monthly calculation indexes;
2) upon certification of agreements on the alienation of immovable property (land, houses, apartments, summer houses, garages, structures and other immovable property) in rural areas:
if one party is a legal entity- 2 monthly calculation indexes;
children, spouse, parents, full brothers and sisters, grandchildren- 1 monthly calculation index;
other persons- 2 monthly calculation indexes;
3) upon certification of treaties alienation of auto motor vehicles:
if one party is a legal entity- 5 monthly calculation indexes;
children, spouse, parents, full brothers and sisters, grandchildren - 2 monthly calculation indexes;
other persons- 5 monthly calculation indexes;
4) upon certification of rent/loan agreements (except for housing mortgage loan), deposit, lease, work contract, marriage contract, division of commonly owned property, division of inherited property, alimony agreements, foundation agreements- 5 monthly calculation indexes;
5) upon certification of housing mortgage agreements- 2 monthly calculation indexes;
6) upon certification of wills- 2 monthly calculation indexes;
6-1) upon certification of consents for which the legislation of the Republic of Kazakhstan provides for mandatory notarization, - 1 monthly calculation indicator;
7) upon issue of inheritance right certificates - 3 monthly calculation indexes for each certificate issued;
8) upon issue of certificate of ownership right to share in common property and other persons having rights to jointly owned property - 4 monthly calculation indexes;
9) upon certification of powers of attorney for right of use and disposition of property- 2 monthly calculation indexes;
10) upon certification of powers of attorney for right of use and management of motor vehicles without right of sale - 1 monthly calculation index;
11) upon certification of powers of attorney for sale, granting, exchange of motor vehicles - 2 monthly calculation indexes;
12) upon certification of other powers:
for individuals - 1 monthly calculation index;
for legal entities - 2 monthly calculation indexes (Article 30-1 of the Law of the Republic of Kazakhstan «On Notaries», dated July 14, 1997 No. 155).
2. How much does a notary consultation cost?
Payment for notary services for consulting is 1 monthly calculation index (paragraph 3 of Article 30-1 of the Law of the Republic of Kazakhstan «On Notaries», dated July 14, 1997 No. 155).
Consulting is the provision of legal assistance by a notary on a reimbursable basis to individuals and legal entities in the form of: conducting oral and written legal consultations not directly related to the performance of notarial actions, drafting transactions, statements and other documents in accordance with the requirements of the legislation of the Republic of Kazakhstan (Article 17-1 of the Law of the Republic of Kazakhstan «On Notaries», dated July 14, 1997 No. 155).
3. Can a notary refuse to perform a notarial action?
Notarial action shall be refused if: such action is contrary to laws, the action should be carried out by another notary, a request to perform a notarial act was made by a legally incompetent citizen or a representative, the transaction performed on behalf of a legal entity is inconsistent with the goals specified in its charter or provision, the transaction does not comply with requirements of legislation, the documents presented for notarial action, do not comply with requirements of legislation (paragraph 1 of Article 48 of the Law of the Republic of Kazakhstan «On Notaries», dated July 14, 1997 No. 155).
In case of refusal to the person who applied for the performance of a notarial act, the notary shall hand over a reasoned decision in writing indicating the reasons for the refusal, within ten calendar days from the date of application of the person for notarial action (paragraph 2 of Article 48 of the Law of the Republic of Kazakhstan «On Notaries», dated July 14, 1997 No. 155).
4. Who is exempt from payment to a private notary?
The following shall be exempt from payment for legal and technical services by the private notary, on completion of those services: individuals and legal entities, independently preparing drafts of documents, veterans of the Great Patriotic War, veterans equated in benefits to veterans of the Great Patriotic War, and veterans of combat operations in other states, persons awarded with orders and medals of the former USSR for self-sacrificing work and impeccable military service in the rear during the Great Patriotic War, people who have worked (served) at least six months from June 22, 1941 to May 9, 1945 and not awarded with orders and medals of the former USSR for self-sacrificing work and impeccable military service in the rear during the Great Patriotic War, disabled people, as well as one of the parents of a disabled person from childhood, a disabled child - for all notarial actions, mothers with many children, awarded the title «Mother heroine», awarded with pendants «Altyn Alka», «Kumis alka»- for all notarial actions, individuals suffering from chronic mental illness, over whom guardianship has been established in accordance with the procedure established by the legislation of the Republic of Kazakhstan, – for obtaining certificates of inheritance of their property, elderly and disabled people living in medical and social institutions for the elderly and disabled of a general type, children left without parental care and orphans, disabled people of groups 1 and 2, old-age pensioners, recoverers on demand for the recovery of wages and other payments accrued but not paid to an employee (paragraph 2 of Article 30-1 of the Law of the Republic of Kazakhstan «On Notaries», dated July 14, 1997 No. 155).
5. Is it compulsory to notarize constituent agreement of an LLP?
The notary certifies the constituent documents of business partnerships: the constituent agreement and the Charter. The constituent agreement is subject to notarization, with the exception of the constituent agreement of a limited liability partnership that is a small or medium-sized business entity (paragraph 111 of Chapter 9 of the Rules for performing notarial actions by notaries, approved by Order of the Minister of Justice of the Republic of Kazakhstan on January 31, 2012 № 31).
6. How many years are the files kept in the notary's archive?
Agreements on alienation of land plots 75 years, agreements on alienation and pledge of houses, apartments (documents under which they are certified) 75 years, other contracts 25 years, notarized wills 75 years, certificates of acceptance of a secret will 75 years, certificates of deposit of a secret will 75 years, protocols of opening and announcement of a secret will 75 years, inheritance cases 75 years, powers of attorney 3 years from the date of their expiration (validity), consent 25 years, certificate of ownership of a share in the common property of the spouses (if such a certificate was issued to the surviving spouse in connection with the inheritance case opened in a notary office, it is filed into the inheritance file) 75 years, documents drawn up in connection with the provision of evidence for 5 years, cases of legal entities (copies of the charter, certificates of state registration, protocols, orders) for 10 years, resolutions on refusal to perform notarial acts for 5 years, the register of inheritance cases for 75 years on electronic media, the register of wills for 75 years on electronic media, executive inscriptions for 3 years (paragraph 2 of Annex 4 of the Rules of notarial office work approved by Order of the Minister of Justice of the Republic of Kazakhstan on January 31, 2012 № 32).
7. In what time frame is it possible to express an objection to the executive note?
The debtor shall have the right, within ten working days from the day of receipt of a copy of the executive note to send to the notary who has made the executive note the objections to the stated claim in writing with notification (paragraph 2 of Article 92-6 of the Law of the Republic of Kazakhstan «On Notaries», dated July 14, 1997 No. 155).
8. Is it possible to return the money in case of cancellation of the executive note?
In case of cancellation of the executive note, the amount paid to the notary for its commission is not refundable (paragraph 233 of Chapter 25 of the Rules for performing notarial actions by notaries, approved by Order of the Minister of Justice of the Republic of Kazakhstan on January 31, 2012 № 31).