You want to become a public notary

Введение

Notary public activities are one of the most popular types of activities among lawyers. Despite of its prevalence and popularity, it is not an easy task to become a public notary.  

To render public notary services you need to obtain a public notary license. To obtain it, you need to have a legal education, certain employment record and undergo training and certification.

 In this material, we will describe how to accomplish the steps.

How to obtain a license to perform public notary activities

Submission of application to perform public notary activities is performed through an online service of e-Licensing Portal.

{"id":16992,"source_id":3350,"title":"Issuance of license on the right of implementing notary activity","service_code":"00903007","service_link":"http://idp.egov.kz/idp/r?ts=ELICENSE&url=http%3A%2F%2Felicense.kz%2FLicensingContent%2FTree%3FservicesType%3DLicenseEl3%26servicesParameters%3D%257B%2522ActivityTypeId%2522%253A%2522138%2522%257D"}

After signing in and opening the service page you need to select an activity subtype:

  • For government public notaries;
  • For individuals, who undergone training and certification;
  • For individuals, who worked as regular judges;
  • For individuals, who passed a qualification exam;
  • For regular judges.

Afterwards, select a licensor (Ministry of Justice of the RoK), fill in the fields of request and enclose the following documents:

  1. Electronic copies of medical statements from psychiatric and narcological dispensary issued no earlier than one month;
  2. Copy of document certifying no less than 2 years of experience on a position related to legal activities;
  3. Copy of national ID;
  4. If you have a diploma issued by a foreign educational organization, you need to provide an electronic copy of document certifying undergoing of nostrification procedure;
  5. Electronic abstract of no criminal record.

Then, you can pay for national duty (6 MCI) online and sign a request using digital signature.

License will be issued within 15 working days.

Who can become a public notary?

In Kazakhstan, a citizen can become a public notary if he/she:

  • reached the age of 25;
  • has a higher legal education;
  • has no less than 2 years of employment length on position related to legal activities;
  • undergone training for the period no less than 1 year;
  • undergone certification at certification justice commission;
  • obtained a license to perform notary activities.

How to undergo training and certification to perform public notary activities?

To obtain a license to engage in notarial activities, it is necessary to undergo an internship and certification.

To undergo an internship for the right to engage in notarial activities, it is necessary to conclude an internship agreement with the notary chamber.

The duration of the internship program is at least one year.

In the event that the intern does not fully master the program of professional training of interns, he is given additional time.

Notary internships are paid - 10 MCI per month.

After completing the internship, it is necessary to undergo certification.

To undergo certification, it is necessary to send through the "electronic government" web portal the documents at the place of residence specified in paragraph 8 of the Standard of the public service "Conducting certification of persons claiming the right to engage in notarial activities" in the form of an electronic document signed with an electronic digital signature (EDS):

application;

form of information for undergoing certification for the right to engage in notarial activities;

an electronic copy of a document confirming at least two years of work experience in the legal specialty in accordance with Article 35 of the Labor Code of the Republic of Kazakhstan;

Certification for the right to engage in notarial activities is carried out in accordance with the Rules for passing certification, the following documents must be sent to the territorial justice authorities through the "electronic government" web portal:

an application in the form of an electronic document signed with an EDS, through the "electronic government" web portal;

a form of information containing information on compliance with the qualification requirements for the type of activity.

A special Commission will review your package of documents. Based on the results of reviewing the materials, the Commission makes a reasoned decision on admission or refusal to admit you to certification.

Certification is free of charge. The territorial justice authorities will notify you of the place, date, time, and procedure for conducting certification by sending a short text message to their subscriber number or through the portal in the "personal account" within 1 (one) working day from the date of the decision on admission to certification.

Certification is carried out in technically equipped testing rooms of the Testing Operator. Certification consists of two stages of comprehensive computer testing for knowledge of the legislation of the Republic of Kazakhstan, computer testing to check the proper level of practical skills. Certification can be taken in both Kazakh and Russian. The result of the provision of the public service is drawn up in electronic form and sent to the "personal account" of the service recipient in the form of an electronic document. a reasoned decision on certification or non-certification. This decision will be valid for 3 years. In case of non-certification, you can undergo re-certification no earlier than thirty calendar days from the date of testing.

Important: The decision on certification is valid for 3 years from the date of its issuance.

What are the cases when a public notary license can be terminated?

Notary public activity is terminated for the period up to 6 month in the following cases:

  • initiation of action proceeding to withdraw license to perform public notary activities;
  • approval of criminal indictment against a public notary under a criminal case; misdemeanor offense report and decision on submission of a case to court under the relevant article of criminal law; completion of pre-trial investigation by conclusion of plea bargaining in the procedure stipulated by part 4 of article 617 of Criminal Procedure Code of the Republic of Kazakhstan;
  • failure to inform local justice agency on change of surname, name, patronymic (if available) within one month;
  • violation of activity area assigned to a public notary pursuant to the Law “On Notaries”;
  • violation of the legislation of the Republic of Kazakhstan during execution of notary public activities, which entail violation of rights and legal interests of country, individuals and legal entities;
  • actual absence of office at address indicated in a notary public notification on commencement of activities;
  • non-observance of requirements of clause 4 of article 15 of the Law “On Notaries”;
  • non-observance of restrictions stipulated by article 19 of the Law “On Notaries”;
  • if a notary public has not commenced to perform public notary activities upon expiry of three months from the date of notification issuance on commencement of notary public activities;
  • non-observance of requirements of subclause 11) of clause 1 of article 18 of the Law “On Notaries”.

Apart from general grounds stipulated by the laws of the Republic of Kazakhstan, a license is terminated for the period of:

  • execution of entrepreneurial or other paid activities, except cases stipulated by laws of the Republic of Kazakhstan;
  • undergoing of military service;
  • failure to perform authorities based on application which contains a termination period.

Termination of license is a temporary dismissal of activities, which bans to perform notary public/attorney activities. A stamp is submitted to a local justice agency for the period of termination.