О нотариате

 

 

Law of Georgia

on Notaries

 

This Law shall define the legal basis for arranging the notarial system and the official activities of a notary public, and the basic requirements for the performance of notarial and other related actions.

 

Chapter I – General Provisions

 

Article 1 – Notaries

1. Notaries shall be a public law institution which aims to authenticate legal relations and causal facts between persons within the scope established by the State.

2. The state regulation of notaries shall be carried out by the Ministry of Justice of Georgia (‘the Ministry of Justice’) on the basis of the legislation of Georgia.

 

Article 2 – Legal bases for the activities of notaries

The legal bases of the activities of notaries shall be the Constitution of Georgia, this Law, the international agreements and treaties of Georgia, and other legislative and subordinate normative acts of Georgia.

 

Article 3 – Notaries public

1. A notary public shall be independent in his/her professional activities and shall exercise state authority through notarial and other related actions on the basis of this Law and other legal acts.

2. A notary public shall be independent and impartial in performing notarial actions.

3. A notarial action shall be performed in accordance with the procedure and scope established by the legislation of Georgia. Activities of a notary public shall not be entrepreneurial activities and a source for gaining profit.

4. The compensation paid to a notary public for his/her official activities shall belong to the notary public.

5. A notary public shall be a provider of employment for the staff of his/her notarial office.

6. A notary public shall be liable for the damage caused by his/her official activities. The State shall not be liable for the damage caused by a notary public.

7. Disciplinary liability of a notary public shall be defined by a regulation to be approved by the Minister of Justice of Georgia (‘the Minister of Justice’) upon recommendation of the Notary Chamber of Georgia.

8. A notary public shall fulfil the duty provided for by the Law of Georgia on Facilitation of Prevention of Money Laundering and Terrorism Financing and the appropriate normative acts.

9. A notary public shall not be a public officer.

Law of Georgia No 3363 of 6 July 2010 – LGH I, No 40, 20.7.2010, Art. 244

Law of Georgia No 5238 of 30 October 2019 – website, 30.10.2019

 

Article 4 – The Notary Chamber of Georgia and other associations of public notaries

1. The Notary Chamber of Georgia shall be the association of public notaries set up under the self-government principle and be based on the mandatory membership of public notaries. Notaries public may be members of the public associations of public notaries on a voluntary basis.

2. The Notary Chamber of Georgia shall represent and protect the interests of public notaries, assist them in notarial activities, organise the internship of candidates for public notaries, and provide support in improving qualification of public notaries.

3. The Notary Chamber of Georgia shall ensure the engagement of public notaries in solving problems regarding the functioning of notaries, and in realising common professional interests of public notaries.

4. The high management body of the Notary Chamber of Georgia shall be a general meeting of members of the Notary Chamber of Georgia, and the executive and regulatory body shall be the board of the Notary Chamber of Georgia.

5. The Notary Chamber of Georgia shall be a legal entity under public law.

 

Article 5 – Notarial actions

1. Where so provided for by this Law, a notarial action shall be performed by a notary public at the request of a natural or legal person, and it shall have a legal consequence. A notarised document shall have indisputable evidential effect.

2. The procedure for performing a notarial action shall be determined by an instruction to be approved by the Minister of Justice upon recommendation of the Notary Chamber of Georgia under the procedure established by the legislation of Georgia.

 

Article 6 – The language of notarial actions

1. A notarial action shall be performed in the state language.

1¹. If a person requesting performance of a notarial action is deaf or hard of hearing, the notarial action shall be performed with the participation of an interpreter having a command of the sign language (a sign language translator), except for cases provided for by the legislation of Georgia when a person has the right to conclude a transaction without participation of an interpreter.

2. If a person requesting performance of a notarial action has no command of the state language, a notary public shall perform the notarial action with the participation of an interpreter.

Law of Georgia No 6834 of 14 July 2020 – website, 28.7.2020

 

Article 7  –  Legal disputes arising during performance of notarial actions

A legal dispute arising during performance of a notarial action shall be heard in a court procedure.

 

Article 8  –  Confidentiality of notarial actions

1. Unless otherwise determined by this article, a public notary shall keep confidentiality of information he/she became aware of in relation to his/her official activities (considering Article 50(4) of the Criminal Procedure Code of Georgia). This obligation shall be effective even after the notary public is dismissed from the post.

2. A public notary shall provide information on a notarial action only to a natural or legal person, at whose request or with regard to whom the notarial action was performed, or to his/her representative. At the request of an investigation body or a court, a notary public shall provide information on a notarial action for those criminal and civil cases that are pending in an investigation body or a court. A notary public shall, if requested so, submit to a tax authority a certificate on the value of property that has been transferred into the ownership of a person. The tax authority shall not be allowed, until a court decision is delivered, to provide information to other persons, including the mass media, or to divulge such information during public speeches.

3. A notary public can divulge information on the availability or the content of a will only after the death of the testator.

4. A person at whose request a notarial action was performed, or his/her successor in title or representative may release a notary public from the obligation to keep confidentiality of the notarial action by a written consent. If a person died and he/she has no successor in title or the successor in title cannot be contacted, a notary public may be released from the obligation to keep confidentiality of the notarial action by a court. A court may also release a notary public from the obligation to keep confidentiality of a notarial action for other valid excuses.

5. A public notary shall provide information on a notarial action regarding a transaction provided for by the Law of Georgia on Facilitation of Prevention of Money Laundering and Terrorism Financing to the Financial Monitoring Service of Georgia, under the procedure established by the aforementioned law and the appropriate normative acts.

6. The Notary Chamber of Georgia shall provide the Legal Entity under Public Law operating under the auspices of the Ministry of Justice of Georgia – the Digital Governance Agency with information on transactions certified by a notary public, on the basis of the records on notarial actions performed by a notary public and registered in the Electronic Notary Registry (except for information provided for by paragraph 3 of this article), for forwarding it to the State Audit Office for exercising powers under Article 18¹ of the Law of Georgia on the Fight against Corruption and an appropriate subordinate normative act.

Law of Georgia No 1732 of 11 December 2013 – website, 25.12.2013

Law of Georgia No 194 of 22 December 2016 – website, 29.12.2016

Law of Georgia No 5238 of 30 October 2019 – website, 30.10.2019

Law of Georgia No 6302 of 12 June 2020 – website, 26.6.2020

Law of Georgia No 2215 of 30 November 2022 – website, 15.12.2022

Law of Georgia No 22 84 of 1 December 2022 – website, 15.12.2022

Law of Georgia No 1295 of 17 December 2025 – website, 23.12.2025

 

Article 9  –  The right of notaries public to use the image of the National Emblem

1. A notary public shall have an official seal with a small image of the National Emblem. The seal shall bear the first name and surname of the notary public.

2. A notary public shall have the right to use a small image of the National Emblem on signboards and forms.

 

Article 10  –  Supervision of the official activities of public notaries

1. The official activities of public notaries shall be supervised by the Ministry of Justice which, within the scope of its competence, shall:

a) control the compliance of the activities of public notaries with the legislation of Georgia and the correctness of payment of a fee set for a notarial action;

b) request from public notaries the information and materials necessary for exercising supervision;

c) delegate the power of supervision to the Notary Chamber of Georgia for certain issues related to the official activities of public notaries.

2. A notary public can appeal to a court the decisions of the Minister of Justice or the Notary Chamber of Georgia that have been made as a result of supervision.

3. The Ministry of Justice can carry out supervision of public notaries, on the basis of the Law of Georgia on Facilitation of Prevention of Money Laundering and Terrorism Financing under the procedure established by the aforementioned law and the appropriate normative acts.

Law of Georgia No 5238 of 30 October 2019 – website, 30.10.2019

 

Chapter II – Position of a Notary Public

 

Article 11  –  Conditions for holding a position of notary public

1. A position of notary public may be held under the procedure provided for by this Law by a legally competent citizen of Georgia who has higher education in law, has completed the internship or has at least 1 year of experience of working as a notary public, or at least 5 years of experience of working in a public service by speciality and has passed a qualification exam for a notary public.

(the normative content of Article 11(1), which, within the requirement of having at least 5 years of experience of working in the specialty in public service necessary for holding the position of a notary public, generally rules out, without individual assessment, the consideration of the length of service in the specialty at an agency operating in the form of a legal entity under public law, has been declared unconstitutional. The unconstitutional normative content shall be invalidated from 1 July 2026) – Decision of the Constitutional Court of Georgia No 2/4/1532 of 19 September 2025 – website, 23.9.2025

2. A person shall be released from the obligation to pass a qualification exam for notaries public if he/she holds a Doctor’s Academic Degree or an equivalent scientific degree in the specialty of civil law, international private law, or civil procedure law.

2¹. A newly-appointed notary public shall, during the first three years, perform the notarial activities in a high mountainous settlement, or in a settlement where notarial services are not properly available. For the purposes of this Law, the status of ‘high mountainous settlement’ shall be defined under the procedure established by the Law of Georgia on Development of High Mountainous Regions.

2². A list of settlements (including the high mountainous settlements) where notarial services are not properly available shall be defined by the Minister of Justice under the procedure established by Article 16(5) of this Law.

2³. An adequate financial support to a notary public provided for by paragraph 2¹ of this article shall be rendered by the Notary Chamber of Georgia during the whole period of his/her performance of notarial activities in the settlement concerned. The procedure for rendering financial support to the notary public shall be established by the Notary Chamber of Georgia in agreement with the Minister of Justice.

2⁴. After expiry of the 3-year period defined in paragraph 2¹ of this article, a notary public can continue notarial activities in the same settlement, or in any other settlement of Georgia. If this settlement will be included in the list provided for by paragraph 2² of this article by the time when the notary public continues notarial activities, the adequate financial support shall be rendered to the notary public during the respective period of his/her performance of notarial activities by the Notary Chamber of Georgia under the procedure established by paragraph 2³ of this article.

2⁵. An adequate financial support shall be rendered to a notary public, who will set up a notary office in a settlement provided for by paragraph 2¹ of this article, by the Notary Chamber of Georgia during the respective period of his/her performance of notarial activities under the procedure established by paragraph 2³ of this article.

3. The age limit for a notary public to hold the position shall be 70 years.

Law of Georgia No 4610 of 10 December 2015 – website, 22.12.2015

Law of Georgia No 453 of 10 March 2017 – website, 22.3.2017

Law of Georgia No 1526 of 26 April 2022 – website, 6.5.2022

Decision of the Constitutional Court of Georgia No 2/4/1532 of 19 September 2025 – website, 23.9.2025

 

Article 12  –  Qualification exam for public notaries

1. A qualification exam (testing) for public notaries shall consist of two stages – the professional part and the general aptitude test (verbal and mathematical parts).

2. A person shall be released from the obligation to pass the professional part of the qualification exam for notaries public if he/she has passed a qualification exam for judges in the speciality of common or civil and administrative laws, or has held a position of a judge and more than 2 years has not passed from the passing of this exam/dismissal from the position of a judge till the passing of the qualification exam for public notaries, or if he/she holds a position of a judge.

3. The qualification exam programme for public notaries shall be approved by the Minister of Justice.

4. The procedure for conducting a qualification exam for public notaries, and procedure for setting up the qualification exams commission and its activity shall be defined by the statute of the qualification exams commission to be approved by the Minister of Justice of Georgia.

5. A qualification exam for public notaries shall be conducted with the support of the Legal Entity under Public Law operating under the auspices of the Ministry of Justice of Georgia – the Training Centre of Justice of Georgia. A person shall pay a fee in the amount of GEL 150 for participation in a qualification exam for public notaries.

5¹. Where a notary public starts notarial activities in a settlement provided for by Article 11(2¹) of this Law, the Notary Chamber of Georgia shall, upon his/her appointment to the position, refund the amount of the fee he/she has paid for participation in a qualification exam for public notaries.

6. The results of the qualification exam for public notaries shall become void if a person fails to perform notarial activities within two years after passing the exam. After the expiry of the aforementioned period, a person shall have to pass another qualification exam for public notaries to hold a position of a notary public.

Law of Georgia No 4951 of 24 June 2011 – website, 6.7.2011

Law of Georgia No 5573 of 20 December 2011 – website, 28.12.2011

Law of Georgia No 4610 of 10 December 2015 – website, 22.12.2015

 

Article 13  –  Appointment to a position of a notary public

1. A notary public shall be appointed to the position by the Minister of Justice. When appointing a notary public to a position, the Minister of Justice shall specify a settlement provided for by Article 11 (2¹) of this Law as a place of business of a notary office.

2. A position of notary public may be held by any natural person who meets the requirements provided for by Article 11(1) or (2) of this Law, and who wins the competition, the procedure and conditions for conducting it shall be approved by the Minister of Justice.

3. A decision on the refusal to appoint a notary public to the position may be appealed to a court in accordance with the procedure established by the legislation of Georgia.

Law of Georgia No 5573 of 20 December 2011 – website, 28.12.2011

Law of Georgia No 4610 of 10 December 2015 – website, 22.12.2015

 

Article 14  –  Grounds for refusing to appoint a notary public to the position

A person shall not be appointed to the position of notary public if:

a) he/she fails to meet the requirements provided for by Article 11(1) or (2) of this Law;

a¹) he/she fails the competition;

b) he/she has been previosly convicted of committing an intentional crime, or is being prosecuted for a fact of committing an intentional crime;

b¹) he/she has been previosly convicted of committing a crime directly related to notarial activities, despite the removal or expungement of the previous conviction;

c) criminal proceedings against him/her for committing an intentional crime were terminated due to the limitation period or amnesty;

d) he/she was dismissed from public office and/or was debarred from the Georgian Bar Association for conducting a disciplinary misconduct, due to a gross and/or repeated violation of law, an abuse of the official position contrary to the interests of justice and official affairs, or for any offence related to corruption;

(the normative content of sub-paragraph (d), which prohibits the appointment of those persons as public notaries who have been dismissed from official positions for committing disciplinary misconduct in the light of Article 14 of the Constitution of Georgia, has been invalid)  – decision of the Constitutional Court of Georgia No 2/5/556 of 13 November 2014 – website, 25.11.2014

e) he/she was dismissed from the position of notary public for committing a disciplinary misconduct;

f) he/she fails to meet the requirements provided for by Article 20(1) of this Law;

g) he/she was deprived of the right to perform notarial activities by a legally effective judgement of conviction of a court;

h) if the positions of public notaries are occupied as per the maximum number of positions of notaries public as defined by the Minister of Justice for a given year;

i) he/she refuses to perform notarial activities in a settlement provided for by Article 11 (2¹) of this Law.

Law of Georgia No 3363 of 6 July 2010 – LGH I, No 40, 20.7.2010, Art. 244

Law of Georgia No 4951 of 24 June 2011 – website, 6.7.2011

Law of Georgia No 5573 of 20 December 2011 – website, 28.12.2011

Decision of the Constitutional Court of Georgia No 2/5/556 of 13 November 2014 – website, 25.11.2014

Law of Georgia No 4610 of 10 December 2015 – website, 22.12.2015

 

Article 15  –  Application for the appointment to a position of notary public

1. A person shall submit an application to the Ministry of Justice for holding a position of notary public. The following documents shall be attached to the application:

a) documents verifying the circumstances provided for by Article 11(1) or (2) of this Law;

b) a document signed by the applicant confirming the availability of the circumstances provided for by Article 14 of this Law;

c) (deleted – 20.12.2011, No 5573).

2. If the legal address of a notary office is changed, the notary public in question shall immediately notify the Notary Chamber of Georgia thereof.

Law of Georgia No 5573 of 20 December 2011 – website, 28.12.2011

Law of Georgia No 6255 of 22 May 2012 – website, 6.6.2012

 

Article 16  –  Registration of public notaries with the Registry of Notaries of Georgia and commencement of notarial activities by them

1. A notary public shall, within two months from his/her appointment to the position, submit the following to the Notary Chamber of Georgia:

a) the official seal and a sample of signature authenticated in accordance with the procedure established by the legislation of Georgia;

b) a document certifying mandatory professional insurance;

c) a document on the ownership/possession of a notary office equipped in accordance with the procedure established by the Instruction on the Procedures for Performing Notarial Actions, approved by an order of the Minister of Justice.

2. After all the documents provided for by paragraph (1) of this article are submitted, the Notary Chamber of Georgia shall immediately, but not later than five working days, register a notary public with the Notary Registry of Georgia, and grant the right of access to the Electronic Notary Registry to the notary public, whereupon the notary public shall be authorised to perform notarial activities.

3. (Deleted – 22.5.2012, No 6255).

4. The form of and the procedure for maintaining the Notary Registry of Georgia shall be defined by the Minister of Justice.

5. At the beginning of each year, but not later than 1 February, the Minister of Justice shall issue an order to define the maximum number of positions of public notaries, and the list of settlements (including high mountainous settlements) where notarial activities are not normally available. The maximum number of positions of public notaries must not be less than the total number of notaries public holding positions at the time when this number was defined.

Law of Georgia No 6255 of 22 May 2012 – website, 6.6.2012

Law of Georgia No 4610 of 10 December 2015 – website, 22.12.2015

 

Article 17  –  Suspension of the right to perform notarial activities

1. The right of a notary public to perform notarial activities shall be suspended if:

a) he/she has violated the requirement provided for by Article 16(1)(c) of this Law. The notary public shall, within a reasonable period of time but not more than 10 days, ensure compliance with the requirement provided for by Article 16(1)(c) of this Law;

b) he/she has committed a misconduct provided for by the statute on the disciplinary liability of notaries public, which results in the suspension of his/her right to perform notarial activities;

c) a criminal case has been opened against him/her as an accused, until the final decision on the criminal case is delivered.

2. If a criminal case has been opened against a notary public, a body conducting the proceedings shall immediately notify the Notary Chamber of Georgia thereof but not later than the following working day.

3. The Notary Chamber of Georgia shall enter the relevant record about the suspension of the right of a notary public to perform notarial activities in the Notary Registry of Georgia. If the grounds for the suspension of the right of a notary public to perform notarial activities are eliminated, the Notary Chamber of Georgia shall cancel the relevant record, whereupon the notary public shall have the right to resume notarial activities.

Law of Georgia No 6255 of 22 May 2012 – website, 6.6.2012

 

Article 18  –  Dismissal from the position of a public notary

1. The power of a public notary shall be terminated upon his/her dismissal from the position.

2. The grounds for dismissing a public notary from the position shall be as follows:

a) the written application of the notary public on the dismissal from the position to be submitted to the Minister of Justice;

b) the attainment of the age limit for holding the position of a notary public;

c) the death of a notary public, the recognition by a court of a notary public as having limited legal capacity, or as missing, or the declaration of a notary public as dead, or as a beneficiary of support, unless otherwise defined by a court decision;

d) the commission of a misconduct provided for by the statute on the disciplinary liability of a notary public, which results in dismissing the notary public from the position;

e) the health condition of a notary public, which rules out proper performance of the official duties by him/her;

f) the entry into force of a judicial judgement of conviction for committing an intentional crime by a notary public, or the termination of a criminal case relating to the commission of an intentional crime because of the limitation period or amnesty;

g) the termination of the citizenship of Georgia for a notary public;

h) the deprivation of the right to perform notarial activities by a notary public on the basis of a legally effective judicial judgement of conviction;

i) the performance of activities incompatible with the position of a notary public;

j) the failure to fulfil the requirements provided for by Article 17(1)(a) of this Law within the set time limit;

k) the termination of notarial activities in the designated settlement by a notary public appointed under the procedure established by Article 11(2¹) of this Law.

3. A notary public who has been dismissed from the position shall be removed from the Notary Registry of Georgia.

4. The decision on the suspension of the right of a notary public to perform notarial activities, or on the dismissal of a notary public from the position shall be made by the Minister of Justice.

5. The documentation of a notary public whose right to perform notarial activities has been suspended or who has been dismissed from the position shall be forwarded to the Notary Chamber of Georgia on the basis of an order of the Minister of Justice.

6. A notary public whose right to perform notarial activities has been suspended or who has been dismissed from the position may appeal against the order of the Minister of Justice within one month after he/she has officially been familiarised himself/herself with it. The order shall be deemed delivered if it is handed over directly to the notary public, or sent by insured mail to the place of registration of the notary public. Appealing the order shall not result in the suspension of its effectiveness.

Law of Georgia No 3363 of 6 July 2010 – LGH I, No 40, 20.7.2010, Art. 244

Law of Georgia No 3356 of 20 March 2015 – website, 31.3.2015

Law of Georgia No 4610 of 10 December 2015 – website, 22.12.2015

Law of Georgia No 453 of 10 March 2017 – website, 22.3.2017

Law of Georgia No 1526 of 26 April 2022 – website, 6.5.2022

 

Article 19  –  Notary office

1. A notary public shall have a notary office which shall be his/her place of work. The location of the notary office shall be chosen by the notary public in compliance with the conditions provided for by Article 11(2¹) of this Law. He/she shall have the right to employ persons and discharge them from employment in accordance with the employment legislation of Georgia, and to administer the revenue received from the performance of notarial actions.

2. Two or more than two public notaries may share a common notary office. The rights and obligations of public notaries with respect to a common notary office shall be defined by the agreement concluded between them. In a common notary office, each notary shall perform notarial actions on his/her behalf and shall be personally liable for his/her official activities. A common notary office may be set up in the form of an entrepreneurial legal entity defined by the Law of Georgia on Entrepreneurs, except for a joint-stock company. A notary public, as a partner of an entrepreneurial legal entity, shall perform a notarial action on his/her behalf and shall be liable, jointly with this legal entity, for damage caused by the notarial action. A notary public may not be a person employed by an entrepreneurial legal entity provided for by this article on the basis of a labour contract.

3. In order to organise notarial activities, a notary public shall have the right to establish, with the consent of the Ministry of Justice, a common office together with a lawyer, a private enforcement officer, an interpreter and/or an auditor. The rights and obligations of a notary public and of those sharing a common office in relation to the common office, and the procedure for distributing revenues and expenses shall be defined by the agreement concluded between them.

4. To obtain the consent provided for by paragraph 3 of this article, a notary public and those sharing a common office must submit to the Ministry of Justice a plan for the improvement of services, the main assessment criteria of which shall be defined by the Minister of Justice.

Law of Georgia No 5851 of 16 March 2012 – website, 23.3.2012

Law of Georgia No 4610 of 10 December 2015 – website, 22.12.2015

 

Article 19¹  –   Organisation of notarial activities

1. A common office provided for by Article 19(3) of this Law may also be established in the form of an entrepreneurial legal entity defined by the Law of Georgia on Entrepreneurs, except for a joint stock company. The rights and obligations of the partners of an entrepreneurial legal entity shall be defined by the agreement concluded between them (by the partners' agreement/the statute of partners). The agreement (the partners' agreement/the statute of partners) must include a decisive vote of a notary public at a partners’ meeting or in any other managing body of the company when making a decision on matters related to the notarial activities. A notary public, as a partner of an entrepreneurial legal entity, shall perform a notarial action on his/her behalf and shall be jointly liable together with the legal entity for any damage caused by the notarial action.

2. Where an entrepreneurial legal entity provided for by paragraph 1 of this article is set up, its corporate name must contain the name of at least one partner notary public.

3. To obtain the consent provided for by Article 19(3) of this Law, the founders of an entrepreneurial legal entity must submit a plan for the improvement of services and a draft agreement concluded between the partners (the partners' agreement/the statute of partners). To register an entrepreneurial legal entity provided for by this article, the consent of the Ministry of Justice shall be submitted to the Legal Entity under Public Law operating under the auspices of the Ministry of Justice of Georgia – the National Agency for Public Registry.

4. A person employed by an entrepreneurial legal entity provided for by this article on the basis of a labour contract may not be a notary public.

5. Other matters related to the organisation of notarial activities in accordance with this article, and the guarantees of independence of a notary public shall be defined by an order of the Minister of Justice.

Law of Georgia No 5851 of 16 March 2012 – website, 23.3.2012

 

Article 20  –  Incompatibility of offices of a notary public

1. A notary public shall have no right to hold another position or perform another paid work in parallel with notarial activities, except for pedagogical, scientific or creative activities.

2. A notary public shall have the right to invest his/her private capital.

3. A notary public and the personnel of his/her notary office shall not be allowed to be mediators between parties when concluding a transaction.

4. A notary public may not place or disseminate inappropriate advertisements, or promote the professional qualities of a notary public. A notary public shall have the right to disseminate information on his/her notarial activities within the scope determined by the Instruction on the Procedure for Performing Notarial Actions.

Law of Georgia No 5851 of 16 March 2012 – website, 23.3.2012

 

Article 21  –  Remuneration of labour of a notary public and funds of a notary office

1. Performance of a notarial action by a notary public, and provision of legal consultations and technical services related to such an action shall be fee-based, except as provided for by law. The amount of charges to be paid to a notary public, the time limits for providing services and the procedure for paying the charges, and the amount of a fee determined for the Notary Chamber of Georgia, and the time limits for providing services and the procedure for paying the fees shall be defined by an ordinance of the Government of Georgia.

2. The income received by a notary public from the official activities shall consist of a sum of money left with the notary public from the amount he/she has received as the mandatory charges payable to the notary public after payment of the notary office maintenance costs, statutory taxes, and other compulsory statutory fees related to the official activities. The income of a notary public may also include other cash contributions the receipt of which does not contradict the legislation of Georgia, including income received in the form of financial assistance from the Notary Chamber of Georgia during the period of performing notarial activities by a notary public in a settlement provided for by Article 11(2¹) of this Law.

Law of Georgia No 5573 of 20 December 2011 – website, 28.12.2011

Law of Georgia No 4610 of 10 December 2015 – website, 22.12.2015

Law of Georgia No 5158 of 3 June 2016 – website, 17.6.2016

 

Article 22  –  Financial liability of a notary public

A notary public shall bear financial liability for any damage caused by his/her intentional or negligent action.

 

Article 23  –  Mandatory professional insurance of a notary public

1. To ensure the compensation for damage specified in Article 22 of this Law, a notary public shall conclude an agreement on mandatory professional insurance for the whole period of his/her activities.

2. The essential conditions of the professional insurance of a notary public and a minimum limit of the insurance amount shall be defined by the Minister of Justice upon recommendation of the Notary Chamber of Georgia.

2¹. Where an entrepreneurial legal entity provided for by Article 19¹ of this Law is set up, the essential conditions of the professional insurance and a minimum limit of the insurance amount shall be defined by the Minister of Justice.

3. The Notary Chamber of Georgia may conclude an insurance contract to compensate for damage specified in Article 22 of this Law and caused by its member.

Law of Georgia No 5851 of 16 March 2012 – website, 23.3.2012

 

Article 24 – Substitution of a notary public

1. A notary public may, in agreement with the Notary Chamber of Georgia, appoint a person to substitute him/her during a period of his/her absence from work. A total period of substitution of a notary public within a calendar year must not exceed 30 working days except as provided for by paragraphs (2) and (3) of this article. A notary public elected or seconded to the managing bodies of the Notary Chamber of Georgia or international associations of notaries may appoint a person to substitute him/her during his/her secondment for an additional period of not more than 30 working days within a calendar year.

2. A notary public may, for pregnancy, childbirth, new-born adoption and child care reasons, specify a term of powers of a person substituting her by more than 30 working days within a calendar year but not exceeding 90 working days, and she shall submit the appropriate documentation to the Notary Chamber of Georgia.

3. In special cases (severe illness of a notary public, travel for professional development, etc.), a person substituting a notary public may be appointed for a maximum of 4-month period with the consent of the Ministry of Justice.

4. A notary public may not perform notarial actions during the period when his/her official activities are carried out by a person substituting him/her.

5. A notary public shall conclude an agreement with a person substituting him/her. A copy of the agreement shall be submitted to the Notary Chamber of Georgia. A notary public shall enter an ordinance on the appointment of a person substituting the notary public in the Electronic Notary Registry.

6. A person who has passed a qualification exam for public notaries may be appointed as a person substituting a notary public.

7. A person substituting a notary public shall be guided by this Law in the performance of his/her official activities.

8. A person substituting a notary public shall acquire official rights and obligations from the date of his/her appointment as a person substituting the notary public and these rights and obligations shall be terminated upon his/her dismissal from the position.

9. A person substituting a notary public shall, when performing notarial actions, use the seal and the Electronic Notary Registry of the notary public whom he/she is substituting.

Law of Georgia No 5573 of 20 December 2011 – website, 28.12.2011

 

Article 24¹  –   Conclusion of a labour contract by a notary public

1. A notary public may conclude a labour contract with another notary public.

2. A labour contract must be submitted to the Notary Chamber of Georgia. A notary public working on the basis of a labour contract shall be entitled to perform all notarial actions defined by law, unless otherwise provided for by the labour contract.

3. A notary public working on the basis of a labour contract shall carry out notarial activities on behalf of the notary public with whom he/she has concluded the labour contract. The latter shall bear financial liability for any damage caused by the official activities of the notary public working on the basis of the labour contract. A notary public working on the basis of a labour contract shall be liable for a performed notarial action under the procedure established by the regulation on the disciplinary liability of public notaries.

4. The address of the notary office of the notary public with whom a notary public working on the basis of a labour contract has concluded the labour contract shall be specified as the address of his/her notary office. With the consent of the Notary Chamber of Georgia, another address can be specified as the address of a notary office of a notary public working on the basis of a labour contract. Conditions for giving such consent shall be defined by an order of the Minister of Justice.

5. The number of public notaries working with one notary public may be limited by an order of the Minister of Justice.

Law of Georgia No 5851 of 16 March 2012 – website, 23.3.2012

 

Article 25  –  Remuneration of labour of a person substituting a notary public

A person substituting a notary public shall receive the remuneration of labour from the notary public he/she substitutes. The amount of the remuneration of labour shall be defined by the notary public.

 

Article 26  –  Financial liability of a person substituting a notary public

1. A notary public shall bear financial liability for any damage caused by an unlawful official action of a person substituting the notary public.

2. A notary public shall have the right of recourse against a person substituting the notary public in the amount of the compensation paid.

 

Article 27  –  Candidate for a notary public

1. A citizen of Georgia, who has higher education in law and with regard to whom no fact relating to the inappropriateness of his/her work as a notary public is known, may be a candidate for a notary public.

2. A person wishing to become a candidate for a notary public (unless he/she has at least 1 year of experience of working as a notary public, or at least 5 years of experience of working in his/her speciality in a public office) shall participate in a competition for internship. If a person successfully passes the competition, he/she shall be sent for internship by the Notary Chamber of Georgia, and the Ministry of Justice shall be notified thereof.

3. A competition of interns shall be held in the form of testing and/or interview. The procedure and conditions for holding a competition shall be defined by a regulation to be elaborated by the Notary Chamber of Georgia and approved by the Minister of Justice.

4. A person, who has completed internship before this Law came into force and not more than two years have passed since the completion of the internship until fixing of a qualification exam of a notary public as defined by Article 57(1) of this Law, shall be released from taking internship.

 

Article 28  –  Internship

1. Internship shall mean training in the Training Centre of the Notary Chamber of Georgia in accordance with the programme developed by the Notary Chamber of Georgia. The internship shall be comprised of two stages and shall include theoretical and practical parts.

2. The fee payable to the Notary Chamber of Georgia for completing both stages of internship shall be defined by an ordinance of the Government of Georgia.

3. The procedure for completing internship shall be approved by the Minister of Justice upon recommendation of the Notary Chamber of Georgia.

Law of Georgia No 5573 of 20 December 2011 – website, 28.12.2011

 

Article 29  –  Termination of internship

The grounds for termination of internship shall be:

a) the personal application of an intern;

b) the systematic failure of an intern to fulfil the obligations imposed on him/her or their improper fulfilment.

 

Chapter III  –  Notary Chamber of Georgia

 

Article 30  –  Notary Chamber of Georgia

1. The Notary Chamber of Georgia is a legal entity under public law, which is based on the membership of public notaries, and which carries out its activities on the basis of the principle of self-government.

2. The Notary Chamber of Georgia shall have a representative body in the Autonomous Republic of Ajara, the budget and powers of which shall be determined by the statute of the Notary Chamber of Georgia.

3. The statute of the Notary Chamber of Georgia shall be adopted by the general meeting of the Notary Chamber of Georgia.

 

Article 31  –  Composition of the Notary Chamber of Georgia

1. All public notaries shall be members of the Notary Chamber of Georgia.

2. A person shall become a member of the Notary Chamber of Georgia upon his/her appointment as a notary public. The powers of a member of the Notary Chamber of Georgia shall be terminated upon the dismissal of a notary public from his/her position.

Law of Georgia No 5851 of 16 March 2012 – website, 23.3.2012

 

Article 32  –  Membership fee

1. A notary public is obliged to pay a membership fee to the Notary Chamber of Georgia.

2. The amount of membership fee, as well as the terms of payment of the membership fee, shall be specified by the statute of the Notary Chamber of Georgia.

 

Article 33  –  Powers of the Notary Chamber of Georgia

In order to perform its assigned tasks, the Notary Chamber of Georgia shall be authorised to:

a) represent a notary public in a state body and associations of citizens, and establish relations with other states and international organisations;

b) submit proposals to the Ministry of Justice for the purposes of improving the legal acts related to the activities of the Notary Chamber of Georgia;

c) request necessary information from notaries public and hear their explanations;

d) specify compulsory payments of public notaries for the Notary Chamber of Georgia;

e) establish the Office of the Notary Chamber of Georgia;

f) generalise notarial actions for the purposes of unifying the practice of notarial actions;

g) carry out commercial activities for achieving its statutory objectives;

h) carry out other activities provided for by the legislation of Georgia.

 

Article 34  –  Convening a general meeting of the members of the Notary Chamber of Georgia and making a decision

1. A general meeting of the members of the Notary Chamber of Georgia shall be convened once a year.

2. An extraordinary general meeting of the members of the Notary Chamber of Georgia shall be convened:

a) on the basis of a proposal by the Minister of Justice;

b) on the initiative of the board of the Notary Chamber of Georgia;

c) upon the request of one fifth of the total members of the Notary Chamber of Georgia.

3. The general meeting of the members of the Notary Chamber of Georgia shall be convened by the board of the Notary Chamber of Georgia which shall notify the members of the Notary Chamber of Georgia of the time, place and agenda of the meeting two weeks prior to the meeting.

4. A notary public shall participate in the general meeting of the Notary Chamber of Georgia directly or through a representative who is a member of the same Chamber and who has an appropriate written consent therefor.

5. The general meeting of the members of the Notary Chamber of Georgia shall be duly constituted if it is attended by more than a half of its total members. The general meeting of the members of the Notary Chamber of Georgia shall make a decision on the basis of a majority of votes of members attending the meeting.

6. The Minister of Justice shall be authorised to make modifications to a decision of the Notary Chamber of Georgia if it contravenes the legislation of Georgia.

 

Article 35  –  Competence of the general meeting of the members of the Notary Chamber of Georgia

1. The general meeting of the members of the Notary Chamber of Georgia may add any matter to the agenda and make a decision with regard to such matters within the competence of the Notary Chamber of Georgia.

2. Only the general meeting of the members of the Notary Chamber of Georgia shall be authorised to make a decision on the following matters:

a) the adoption of the statute of the Notary Chamber of Georgia, and the introduction of amendments and additions thereto;

b) the approval of an annual report of the Notary Chamber of Georgia;

c) the determination of mandatory payments to the Notary Chamber of Georgia by public notaries.

3. The general meeting of the members of the Notary Chamber of Georgia shall have the right to allow the board of the Notary Chamber of Georgia, in the case of a reasonable excuse, to introduce amendments to the costs estimate of the Notary Chamber of Georgia, which shall be submitted to the next general meeting of the members of the Notary Chamber of Georgia for approval.

 

Article 36  –  Composition and sessions of the board of the Notary Chamber of Georgia

1. The chairperson of the board of the Notary Chamber of Georgia shall be elected for three years by a general meeting of the members of the Notary Chamber of Georgia, on the basis of a majority of the members attending the meeting, with a secret ballot.

2. Unless the general meeting of the members of the Notary Chamber of Georgia elects the candidate nominated by the Minister of Justice for the position of chairperson of the board of the Notary Chamber of Georgia twice, the general meeting of the members of the Notary Chamber of Georgia shall elect the chairperson of the board of the Notary Chamber of Georgia within the period of two weeks.

3. The deputy chairperson and the members of the board of the Notary Chamber of Georgia shall be elected for three years by the general meeting of the Notary Chamber of Georgia on the basis of a majority of votes of the members attending the meeting, with a secret ballot. The number of members of the board of the Notary Chamber of Georgia shall be odd and shall not be less than three. The number of the members of the board of the Notary Chamber of Georgia shall be determined by an order of the Minister of Justice.

4. As a rule, a session of the board of the Notary Chamber of Georgia shall be held once a month. The session shall be called by the chairperson of the board of the Notary Chamber of Georgia.

Law of Georgia No 5851 of 16 March 2012 – website, 23.3.2012

 

Article 37  –  Competence of the board of the Notary Chamber of Georgia

1. The board of the Notary Chamber of Georgia shall ensure the execution of the statute of the Notary Chamber of Georgia and of the decisions of the general meeting of the members of the Notary Chamber of Georgia.

2. During the period between the general meetings of the members of the Notary Chamber of Georgia, the board of the Notary Chamber of Georgia shall perform all the tasks of the Notary Chamber of Georgia, except for the execution of powers provided for by Article 35(2) of this Law, and shall communicate with state bodies and other organisations and present proposals and opinions on behalf of the Notary Chamber of Georgia.

3. The board of the Notary Chamber of Georgia shall be authorised to engage members of the Notary Chamber of Georgia in the performance of its tasks and to establish the office of the Notary Chamber of Georgia.

4. The chairperson of the board of the Notary Chamber of Georgia, his/her deputy, other members and the staff of the board shall not be entitled to disclose data on notarial actions of which they have become aware due to the activities of the board (except for the cases provided for by Article 50(4) of the Criminal Procedure Code of Georgia). They shall be entitled to disclose such data only with the permission of the board of the Notary Chamber of Georgia. Notarial actions shall be kept confidential even after such persons leave the board of the Notary Chamber of Georgia, or if they are dismissed from office.

Law of Georgia No 1732 of 11 December 2013 – website, 25.12.2013

 

Chapter IV  –  Notarial Actions and Main Requirements for Performing such Actions

 

Article 38  –  Notarial action

1. A notary public shall perform the following notarial actions:

a) the authentication of transactions in the cases determined by law, or as agreed between the parties;

b) the issuance of a document certifying title;

c) the issuance of a document certifying the right of inheritance;

d) the issuance of a document certifying title to a share in the common property of spouses;

e) the taking of measures for the protection of inherited property;

f) the verification of the correctness of copies of documents and excerpts to the original;

g) the verification of the authenticity of signatures on documents;

h) the verification of the accuracy of translations of documents when they are translated from one language into another;

i) the confirmation of the fact that a person is alive;

j) the confirmation of the presence of a person at a certain place;

k) the confirmation of the fact that a citizen and a person in a photograph are the same;

l) the confirmation of the time of submission of a document;

m) the handing over of an application and a certificate of a person to another person;

n) the receipt of money, securities and valuables on deposit;

o) the issuance of a writ of execution;

p) the execution of a protest of a bill;

q) the presentment of a cheque for payment and the confirmation of the fact that a cheque has not been paid;

r) the receipt of documents for storage;

s) the execution of a sea protest.

2. In addition to the notarial actions provided for by this Law, a notary public shall also perform other notarial actions provided for by the legislation of Georgia.

3. A notary public shall provide legal consultations to persons regarding notarial actions and draw up draft documents upon their request.

4. A notary public shall be authorised to provide an interested person with such legal consultation which is not related to the performance of a notarial action.

4¹. A notary public may make a public offering of a thing. The public offering of the thing may be made through an electronic auction and/or other electronic means. Forms of public offering, as well as the electronic means used for public offering, shall be determined by the Minister of Justice. On the basis of the right to make a public offering of a thing, a notary public is also authorised to provide a consultation to an interested party.

5. A notary public shall issue a writ of execution on the basis of a matured claim for the enforcement of the payment of monetary indebtedness, the assignment of title to property, also, on the basis of a request, compulsory enforcement against a mortgaged/charged property, if the consent of the parties thereto exists, and the legal consequences of the issuance of a writ of execution are explained in writing by the notary public in a notarial act.

Law of Georgia No 5851 of 16 March 2012 – website, 23.3.2012

 

Article 38¹  –   Notarial mediation

1. A notary public may act as a mediator between disputing parties:

a) in legal family disputes (except for disputes with regard to adoption, declaring an adoption void, or restricting and depriving parental rights);

b) in legal disputes regarding inheritance;

c) in legal disputes between neighbours;

d) in any other dispute unless the legislation of Georgia establishes a special procedure for mediating such disputes.

2. Mediation with the participation of a notary public may be provided with the consent of the disputing parties. In the cases provided for by law, an administrative body shall apply for notarial mediation as a statutory procedure.

3. The procedure for carrying out notarial mediation shall be determined by an order of the Minister of Justice.

4. If, in the process of notarial mediation, a dispute ends with the conciliation of the parties, a notary public shall draw up a conciliatory act approved in accordance with notarial procedure.

5. In the case of the non-fulfilment by a party of an obligation imposed by a conciliatory act drawn up within notarial mediation, compulsory enforcement shall be carried out on the basis of a writ of execution issued by a notary public, in accordance with the procedure established by the Law of Georgia on Enforcement Proceedings.

Law of Georgia No 5851 of 16 March 2012 – website, 23.3.2012

Law of Georgia No 5158 of 3 June 2016 – website, 17.6.2016

 

Article 39  –  Powers to provide a registration service

A notary public is authorised to ensure the submission of an application and a registration document in electronic and/or material form to the body engaged in maintaining the State Registry, in accordance with the procedure established by the legislation of Georgia, if a document certified on the basis of the notary service is subject to registration, as well as to ensure the registration of records on rights, the amendments to rights and/or the termination of rights, in the authority delegated by the body engaged in maintaining the State Registry (with the Registry of rights to immovable things, the Registry of Entrepreneurs and Non-entrepreneurial (Non-commercial) Legal Persons, as well as with other Registries provided for by the legislation of Georgia).

Law of Georgia No 5851 of 16 March 2012 – website, 23.3.2012

 

Article 40  –  Enforcement on the basis of a notarial document

1. A notary public shall issue a writ of execution on the basis of a written application of a creditor (or his/her legal successor). The application shall be accompanied by a notarial document on the basis of which the applicant requests the issuance of a writ of execution. The application of the creditor (or his/her legal successor) on the issuance of a writ of execution shall include:

a) the identity of the notary public whom he/she is addressing with an application;

b) the identities/names of the parties and their representatives;

c) data on the volume of the principal and additional outstanding obligations;

d) the reference to the fact that a non-fulfilled request for the execution of which the issuance of a writ of execution will be required is not dependent on the fulfilment of any retaliatory (equivalent) obligation by the applicant, or the reference to the fact that he/she has already fulfilled such obligation;

e) the signature of the applicant.

2. When the grounds determined by this article exist, a notary public shall issue a writ of execution without requesting the documents confirming the non-fulfilment of obligations.

3. The following persons shall be authorised to issue a writ of execution, in the order determined by this paragraph:

a) a notary public who has notarised the transaction in accordance with a notarial procedure, or a person substituting the notary public;

b) another acting notary public if the powers of a notary public provided for by sub-paragraph (a) of this paragraph are suspended or terminated.

4. Enforcement shall be permitted on the basis of an original writ of execution issued by a notary public. In the case of the loss of a writ of execution, a notary public shall issue an authenticated copy (duplicate) of the writ of execution in the order determined by paragraph (3) of this article, and if the duplicate cannot be issued under such procedure, it shall be issued by the Notary Chamber of Georgia.

5. Enforcement on the basis of a writ of execution issued by a notary public shall be carried out in accordance with the Law of Georgia on Enforcement Proceedings. An appeal against a writ of execution and/or a notarial document for the enforcement of which the writ of execution has been issued shall not suspend the enforcement proceedings.

6. The procedure for issuing a writ of execution shall be established by the Instruction on the Procedure for Performing Notarial Actions.

Law of Georgia No 5851 of 16 March 2012 – website, 23.3.2012

 

Article 40¹  –   Registration of civil acts by a notary public

1. A notary public shall register marriage and divorce in accordance with the procedure established by the Law of Georgia on Civil Acts within the powers delegated by the body engaged in maintaining the State Registry.

2. A notary public may carry out the registration of marriage in a festive atmosphere, in agreement with the persons wishing to marry.

Law of Georgia No 5851 of 16 March 2012 – website, 23.3.2012

 

Article 41  –  (Deleted)

Law of Georgia No 4071 of 15 December 2010 – LHG I, No 74, 24.12.2010, Art. 461

Law of Georgia No 5664 of 28 December 2011 – website, 12.1.2012

Law of Georgia No 1968 of 5 February 2014 – website, 19.2.2014

 

Article 42  –  Notarial actions performed by officials of diplomatic representations and consular institutions

In addition to public notaries, notarial actions may be performed by duly authorised officials of the diplomatic representations and consular institutions of Georgia located abroad, who shall be guided by legal acts regulating activities of consular institutions and diplomatic representations, and by the requirements provided for by this Law. The authorised officials of consular institutions and diplomatic representations shall be granted the power to perform notarial actions only if they have access to the Electronic Notarial Registry.

 

Article 43 – Confirmation of wills and letters of attorney by officials which are equal to documents authenticated on the basis of notarial procedures

1. The following shall be equal to documents authenticated on the basis of notarial procedures:

a) the will of a person staying in a hospital, another in-patient medical institution or a sanatorium, which is confirmed by the head doctor, deputy head doctor in the medical field or by a doctor on duty of the hospital, another in-patient medical institution or the sanatorium; the will of a person living in a specialised institution for elderly people or persons with disabilities, which is confirmed by the director or head doctor of the specialised institution; and the will and the letter of attorney of a military servant or another person staying in a hospital, sanatorium or another military and medical institution, which is confirmed by the head, a deputy head in the medical field, the head of the medical unit or the doctor on duty of the hospital, sanatorium or another military and medical institution;

b) the wills of citizens who are on board marine vessels sailing under the flag of Georgia or on board aircraft, which are confirmed by the captains of such marine vessels or the commanders of such aircraft;

c) the wills of citizens engaged in searching and exploring and other similar expeditions, which are confirmed by heads of appropriate expeditions;

d) the wills and letters of attorney of military servants, and of workers and employees, their family members and family members of military servants in the locations of military divisions, units, institutions and military educational institutions, where there is no notary office or other bodies to perform notarial actions, which are confirmed by the commanders (heads) of these divisions, units, institutions and military educational institutions;

e) the wills and letters of attorney of persons placed in detention facilities, which are confirmed by the managers of these facilities.

2. The persons provided for by sub-paragraphs (a), (d) and (e) of paragraph (1) of this article shall be granted the power to perform notarial actions as provided for by relevant sub-paragraph of paragraph (1) of the same article only when they have access to the Electronic Notarial Registry.

3. Upon returning to normal conditions of life, and in the cases provided for by sub-paragraphs (b) and (c) of paragraph (1) of this article, a testator shall present his/her will to a notary public who shall ensure the registration of an appropriate notarial action in the Electronic Notarial Registry. If a testator dies before his/her return to normal conditions of life, the persons provided for by sub-paragraphs (b) and (c) of paragraph (1) of this article are obliged to submit wills kept with them to a notary public for official depositing, and the notary public shall ensure the registration of an appropriate notarial action in the Electronic Notarial Registry.

Law of Georgia No 3363 of 6 July 2010 – LGH I, No 40, 20.7.2010, Art. 244

Law of Georgia No 3618 of 24 September 2010 – LHG I, No 50, 24.9.2010, Art. 327

Law of Georgia No 3552 of 1 May 2015 – website, 18.5.2015

Law of Georgia No 843 of 26 June 2025 – website, 3.7.2025

 

Article 43¹  –   Fees charged for the performance of notarial actions by authorised officials

Officials provided for by Article 43 of this Law shall charge fees for the performance of notarial actions in accordance with the rates determined by the resolution of the Government of Georgia on Payment of Fees Determined for the Performance of Notarial Actions and for the Notary Chamber of Georgia and the whole amount of such payments shall be transferred to the budget of a municipality.

Law of Georgia No 5573 of 20 December 2011 – website, 28.12.2011

Law of Georgia No 1968 of 5 February 2014 – website, 19.2.2014

Law of Georgia No 6948 of 15 July 2020 – website, 28.7.2020

 

Article 44  –  Performance of notarial actions

A notarial action may be performed by any notary public upon the request of a person.

 

Article 45  –  Time limit for performing a notarial action

A notarial action shall be performed after the submission of all documents required therefor.

 

Article 46  –  Postponement and suspension of the performance of notarial actions

1. The performance of a notarial action may be postponed:

a) if additional data or documents are requested, until the receipt of such data and documents;

b) if an expert examination is being carried out, before the receipt of the report on such expert examination;

c) upon the request of an interested person who intends to apply to a court to challenge a right or a fact the authentication of which is requested by another person. In this case, a notary public may postpone the performance of a notarial action for not more than 10 days. If within the period specified by a notary public a notification on filing an application by an interested person is not received from a court, the notary public shall complete the notarial action.

2. The performance of a notarial action shall be suspended on the basis of an appropriate notification from a court until a legal dispute is resolved in the court.

3. When the performance of a notarial action is postponed or suspended, a notary public shall not issue a notarised document or a certificate and shall issue a resolution on the postponement or suspension of a notarial action within two days from the postponement or suspension of the notarial action. Where necessary, a notary public shall indicate in the resolution that the powers and legal capability of a person have been verified.

 

Article 47  –  Limitation of the right to perform a notarial action

1. Notaries public and persons performing notarial actions in accordance with Articles 42 and 43 of this Law shall have no right to perform a notarial action to which the said persons, their parents, spouse, children, grandchildren, grandparents, brothers, sisters and children of a spouse (personally or through a representative) are the participants.

2. A notary public shall have no right to certify a transaction where a participant is an enterprise which has been founded on the basis of the capital of such notary public, his/her spouse, parent, child, sister or brother, and where the notary public is aware of the fact.

3. A notarial action performed in violation of this article shall be void.

Law of Georgia No 1968 of 5 February 2014 – website, 19.2.2014

 

Article 48  –  Determination of the identity, power and legal capacity of a person, verification of the power of a representative and making a request for documents

1. During the performance of notarial actions, a notary public and other officials performing notarial actions shall verify the identity of persons or their representatives requesting the performance of a notarial action, on the basis of the identity documents of such persons.

2. When certifying a transaction in the cases provided for by law, or upon the request of the parties, a notary public shall verify the power and legal capacity of persons participating in the transaction.

3. If a transaction is carried out through a representative, a notary public shall also verify the authority of the representative.

4. A notary public may request from an institution, enterprise and organisation documents required for the performance of a notarial action.

 

Article 49  –  Explanation of the content of a notarial action and its legal consequences

A notary public is obliged to explain the content and legal consequences of a notarial action to persons requesting the performance of a notarial action. A notary public is obliged to ensure that the interests of those persons who are not aware of the legislation of Georgia and are in need of legal consultations are not prejudiced.

 

Article 50  –  The procedure for signing a notarial document

1. In the cases determined by law, a transaction document or other document shall be signed in the presence of a notary public. If a notary public was not present during the signing of a transaction document or other document, a signatory shall personally confirm that the signature belongs to him/her.

2. If a notarial document contains the demonstration of the will of a participant of a notarial action, a notary public shall read the text of the document to him/her before signing the document.

3. If a person requesting performance of a notarial action is deaf or a person with inability to speak, a notary public must, when needed, in order to explain to him/her the content and legal consequences of the notarial action, seek assistance from an appropriate specialist. The specialist must confirm by his/her signature that he/she has explained to the said person the content of the notarial action and it corresponds to his/her will.

4. Instead of a person who cannot sign a document due to an illness or a disability, and/or for another reason, the document shall be signed by another person on his/her instruction in the presence of a person performing the notarial action and with the indication of the reason for which the person cannot sign the said document.

5. If a person requesting the performance of a notarial action is blind or an illiterate person, a notary public must read out the text of the related document to him/her and must duly indicate about it in the related document.

Law of Georgia No 6834 of 14 July 2020 – website, 28.7.2020

Law of Georgia No 843 of 26 June 2025 – website, 3.7.2025

 

Article 51  –  Registration of notarial actions

1. Notarial actions performed by notaries public and persons provided for by Articles 42 and 43 of this Law shall be registered in the Electronic Notary Registry.

2. A performed notarial action shall be assigned its own reference number which shall be put on issued documents and endorsements.

3. A notary public shall issue an excerpt from the Electronic Notarial Registry on the basis of a written application of a person by whose request and with regard to whom a notarial action was completed, unless otherwise determined by this Law.

Law of Georgia No 1968 of 5 February 2014 – website, 19.2.2014

 

Article 52  –  Refusal to perform a notarial action

1. A notary public and persons provided for by Articles 42 and 43 of this Law shall refuse to perform a notarial action if:

a) the performance of a notarial action contravenes the legislation of Georgia;

b) documents submitted for the performance of a notarial action do not comply with the established requirements, or contain information degrading the honour and dignity of persons, or contravene generally recognised moral standards;

c) a participant in a notarial action is not an authorised or legally capable person, or the request for the performance of a notarial action is submitted in a language unknown to a notary public and there is no translator available.

2. The resolution of a notary public on the refusal to perform a notarial action shall be proved in writing and shall be transferred to the person in respect of whom the performance of a notarial action has been refused not later than three days from drawing up such resolution.

3. A notary public is obliged to explain the procedure and deadline for appealing a resolution to a person who was refused the performance of a notarial action.

Law of Georgia No 1968 of 5 February 2014 – website, 19.2.2014

 

Article 53  –  Appealing a notarial action or a resolution of a notary public

1. A person interested in the performance of a notarial action, or a person who was refused the performance of a notarial action, may appeal such notarial action or resolution on refusal to perform a notarial action in a court, according to the location of the notary office in question.

2. An appeal on the activities of a notary public not provided for by paragraph (1) of this article shall be reviewed by the Ministry of Justice or the Notary Chamber of Georgia on the instruction of the Ministry of Justice.

 

Article 54  –  Performance of notarial actions for foreign citizens and stateless persons

Foreign citizens and stateless persons may request the performance of a notarial action personally or through a representative, in accordance with the procedures applicable to citizens of Georgia.

 

Article 55  –  Receipt of a document by a notary public which has been issued in another country

A notary public shall receive a document issued in another country if it is legalised or authenticated by apostille, in accordance with the procedures provided for by the legislation of Georgia.

 

Article 56  –  Application of international agreements and treaties

If international agreements or treaties concluded by Georgia or to which Georgia is a party determine procedures for performing notarial actions that are different from those envisaged by the legislation of Georgia, a notary public shall accordingly apply international agreements and treaties.

 

Chapter V – Transitional and Final provisions

 

Article 57 – Transitional provisions

1. For the purposes of Article 11 of this Law, a qualification exam for public notaries shall mean the exam which will be held after the entry of this Law into force in accordance with the procedure established by Article 12 of this Law.

2. Before the entry of this Law into force, persons substituting notaries public appointed by the Minister of Justice of Georgia to vacant positions of public notaries on the recommendation of the Notary Chamber of Georgia shall be deemed notaries public appointed to position in accordance with the procedure established by this Law.

3. Notaries public and persons substituting notaries public appointed by the Minister of Justice of Georgia to vacant positions of notaries public on the recommendation of the Notary Chamber of Georgia, who have resigned from their positions or the period for substituting notaries public has expired during the last two years before the entry of this Law into force, and there are no grounds for refusing to appoint them to a position of notary public, shall be entitled to submit an application to the Minister of Justice of Georgia for their appointment to a position. If the requirements provided for by this Law are met, they shall be appointed to a position of notary public and perform notarial activities.

(the normative content of Article 57(3), which gives an opportunity to former notaries public, if they resigned from their positions within 2 years before the entry of this Law into force,  to be appointed to the position of a notary public under the simplified procedure, shall be declared invalid from 1 June 2025) – Decision of the Constitutional Court of Georgia No 2/6/1664 of 24 October 2024 – website, 31.10.2024

4. The Ministry of Justice of Georgia, together with the legal entity under public law called the Notary Chamber of Georgia, shall ensure the development of a new procedure for estimating charges for performing notarial actions for the spring session of the Parliament of Georgia of 2010, and submit to the Parliament of Georgia a draft law on the introduction of appropriate amendments to the Law of Georgia on Charges for the Performance of Notarial Actions.

5. By the date of the entry of this Law into force, the Ministry of Justice of Georgia shall ensure the compliance of appropriate subordinate acts with this Law.

6. The Notary Chamber of Georgia and notaries public appointed to position before the entry of this Law into force shall accordingly ensure the stock taking of inheritance cases and wills kept with the archive of the Notary Chamber of Georgia and notary offices, and the making of the input of appropriate data into the Electronic Notary Registry.

7. The order provided for by Article 16(5) of this Law shall be issued by the Minister of Justice of Georgia for 2010, not later than one month from the entry of this Law into force.

Law of Georgia No 3363 of 6 July 2010 – LGH I, No 40, 20.7.2010, Art. 244

Decision of the Constitutional Court of Georgia No 2/6/1664 of 24 October 2024 – website, 31.10.2024

 

Article 58 – Entry of this Law into force

1. This Law, except for Articles 1-56 and Article 57(1-3) and Article 58(3) of this Law, shall enter into force upon publication.

2. Articles from 1-56 and Article 57(1-3) and Article 58(3) of this Law shall enter into force from 1 April 2010.

3. The Law of Georgia on Notaries of 3 May 1996 shall be recognised as invalid (the Gazette of the Parliament of Georgia, No 012, 31.5.96, p. 16).

 

President of Georgia                                          Mikheil Saakashvili

 

Tbilisi

4 December 2009

No 2283–II ს