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Amendments in Macedonia’s Notary Public Regulations to Bring Procedural Efficiency

Amendments in Macedonia’s Notary Public Regulations to Bring Procedural Efficiency

North Macedonia
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It is expected that the new Law on Notary Public will overcome the weaknesses identified in the existing Law and will also lead to higher efficiency in the notary public operation.

The amendments of the Law require presence of attorneys at law at the moment of drafting of the notarial deeds and the drafting of the private deeds prior to the confirmation by the notary. The presence of the attorneys at law depends on the value of the taken action, the preparion of proposals for issuing decision for notary payment order, regular legal remedies by the attorneys at law, as well as the presence of lawyers in the process of discussion of legacy before a notary. 

The novelty that comes with the law determines a mandatory presence of lawyers in drafting the notarial documents and drafting of private documents. According to the amendments, the documents must be proofed from attorneys with legal stamp and signature which will then be confirmed by a notary, where participation of lawyers depend on the value of the official action to be taken, preparing proposals issuing certificates for notary payment order as the regular legal remedies by the lawyers as well as the presence of lawyers in the process of discussion of legacy before a notary. The mentioned is an introduced in order to increase legal certainty for the parties in front of the notary.

In addition, the competence of the notaries in the procedure of adoption of decision allowing enforcement based on an authentic document (notary payment order) will be regulated as well as significant innovation giving the notaries a possibility to draw up and issue electronic notary document and electronically archived notary documents. 

The amendment of the majority of the existing legal provisions will be reflected in the procedures upon proposals for adoption of decisions for allowance of enforcement based on an authentic deed (notary payment order). Moreover, it will introduce significant opportunity for the notary public to draft and issue electronic notary public deeds and electronically archived notary documents. The amendments also state that the private document has to be composed of a lawyer and contain legal stamp and signature in case, of legal work worth over 10,000 euros in denars according to the average rate of the National Bank of Macedonia, unless one of the parties is the Republic of Macedonia. Also, it is determined that the proposal for issuing a decision on notarial payment order by the creditor bank, savings bank, financial company, a provider of financial leasing or insurance company does not have to be composed of a lawyer and contain legal stamp and signature, if the value the claim in a credible document under  10,000 Eur.

The new legal provisions also stipulated that the proposal for issuing a decision on notarial payment order by the creditor bank, savings bank, financial company, a provider of financial leasing or insurance company does not have to be composed of a lawyer and contain legal stamp and signature, if the value of the claim in a credible document is under 10,000 Eur.

The draft law on notary aims for a new legal solution for providing faster access to justice and increase the level of legal security in legal transactions. The new version of the Law will overcome the weaknesses identified in the existing law. The content and the structure of the law shall be reorganized by specifying the legal provisions, and by changing the great part of the existing legal provisions. 

By Dragan Dameski, Partner, and Martin Boskoski, Senior Associate, Debarliev, Dameski & Kelesoska Attorneys at Law and member of TLA.

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