Turkmenistan adopted the new Law on Notaries and Notarial Activities, which provides for the operation of licensed private notaries in addition to state notaries.
The law, signed by President of Turkmenistan Serdar Berdimuhamedov on November 20, was published by official press last week.
The Ministry of Justice of Turkmenistan is the authorized body in the field of licensing of notarial activities and maintains the State Register of licenses for the right to carry out notarial activities.
Private notaries will be able to create the Association of Notaries of Turkmenistan, which will represent and protect rights and legal interests of its members as well as promote development of notarial practice in Turkmenistan.
In accordance with the law, a citizen of Turkmenistan with higher legal education, at least two years of continuous experience in the sphere of law, six months of notarial training and certification as a notary may become a private notary. In order to carry out notarial activities, a private notary must have a license to carry out notarial activities
The legality of notarial acts performed and observance of notarial administration rules and licensing requirements and conditions will be monitored by the Ministry of Justice of Turkmenistan.
The private notary shall have the right, in accordance with the law of Turkmenistan, to open settlement, deposit and other accounts in banks of Turkmenistan, employ assistants and employees, determine the required number of employees, dispose of income from notarial acts, represent himself in the courts and perform other actions not contradicting the law.
The law also envisages to create a Unified Notary Information System belonging to the Ministry of Justice of Turkmenistan. Information on completed notarial acts, including documents in electronic form, will be entered into the Unified Notarial Information System.
Private notaries will be obliged to connect to the system and record performed notarial acts in it.
The new Law of Turkmenistan on Notaries and Notarial Activities will enter into force on January 1, 2023. From the date of enactment of the new Law, the Law of Turkmenistan on Notaries and Notarial Activities of August 18, 2015 and related additions and amendments will be recognized as invalid.
