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.

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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 perform public notary activities, you need to undergo training and certification.  

To complete an internship for the right to engage in notarial activity, it is necessary to conclude an internship agreement with the Notary Chamber.

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

Upon completion of training, a public notary, who supervised your training, draws up a statement containing information on execution of professional training program by an intern. Statement is to be approved within 10 working days by a coordinated decision of local justice agency and notary chamber. In case if an intern hasn`t completed a professional training program to the full extent, an additional time is provided to him/her.

Training of public notaries is delivered on a paid basis: 10 MCI monthly.

Note: Training is not requested from judges and individuals, who worked as regular judges, except judges dismissed for defamatory offences and violation of legitimacy when exercising authorities, and also individuals, who have an employment record as public notaries, except those dismissed from position for negative reasons.      

To pass the certification, it is necessary to send through the web portal of the "electronic government" the documents at the place of residence specified in paragraph 8 of the Standard of the state service "Certification of persons applying for the right to engage in notarial activity"  in the form of an electronic document signed with an electronic digital signature (EDS):

  • application;
  • information form for certification for the right to engage in notarial activity;
  • an electronic copy of the document confirming the work experience in the legal profession for at least two years in accordance with Article 35 of the Labor Code of the Republic of Kazakhstan;

If documents package is incomplete or submitted incorrectly, you will be notified within 5 working days.  

Certification consists of two stages: computer test to check knowledge of the RoK legislation and oral assignment based on examination cards. Certification can be carried out both in Kazakh and Russian.

On the following day after certification, the Commission makes a substantiated decision on whether a candidate is certified or not certified. You can appeal a decision made by the Commission through legal action. In case if a candidate is not certified, he/she can undergo another certification no earlier than in 3 months.

Note: Decision is valid within 3 years from the moment it was made.

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.