November 24, 2020

Changes in the Procedure for Performing Certain Notarial Actions by Notaries

Last week, the Administrative Regulations were adopted for the performance of certain notarial acts by notaries.

These regulations came into force with the adoption of the Resolution of the Cabinet of Ministers (RCM) dated November 18, 2020 No. 726 “On the approval of Administrative regulations on the procedure for the performance of certain notarial acts by notaries” (hereinafter – “Administrative regulations“). With the adoption of RCM No. 726, the Resolution of the Minister of Justice of the Republic of Uzbekistan “On approval of the Instruction on the procedure for conducting notarial actions” (registered by the Ministry of Justice of the Republic of Uzbekistan dated January 4, 2019, reg. No. 3113) (hereinafter – “the Instruction“) becomes invalid, which previously regulated these procedures.

This RCM No. 726 includes 5 Administrative regulations:

  1. Administrative regulations for the certification of contracts for the transfer of immovable property to other persons by notaries;
  2. Administrative regulations for notary certification of contracts for the transfer of motor vehicles to other persons;
  3. Administrative regulations for notary certification of property pledge (mortgage) agreements;
  4. Administrative regulations on certification of powers of attorney by notaries;
  5. Administrative regulations for the issuance of certificates of inheritance rights by notaries.

Concerning the differences between Administrative regulations and the Instruction, first and apparent change is that the Administrative Regulations differ from the Instruction in their structure. The Instruction provided general provisions for all notarial actions, as well as special rules for certifying contracts for the transfer of immovable property to another person, certifying the purchase and sale agreement of an enterprise, certifying contracts for the transfer of vehicles to another person and etc. In other words, the Instruction was a single act that regulated the procedure for certifying several transactions.

In the adopted RCM No. 726, the procedure for certifying a separate transaction is provided for in a separate Administrative Regulation, which creates a more accurate understanding of the procedure for certifying each transaction by notaries.

Secondly, in the Administrative Regulations for the certification of contracts for the transfer of immovable property to other persons by notaries when transferring immovable property or part of it to another person, the notary receives through the electronic system:

  • certificate of absence of debt for utilities;
  • cadastral certificate;
  • certificate of absence of tax arrears;
  • a certificate from the internal affairs bodies about persons permanently registered at the place of residence;
  • if immovable property or its part is encumbered with a pledge, the consent of the pledgee;
  • certificate of absence of debt from the database of the Bureau of Compulsory Enforcement.

Meanwhile, it should be noted that the last point was missing in the Instructions.

Thirdly, the aforementioned Administrative Regulations stipulate that buildings and structures of budget organizations (including unfinished buildings and structures) and other fixed assets are sold at auctions on a single electronic trading platform “E-IJRO AUKSION” after being evaluated by appraisal organizations.

Comparing the adopted Administrative Regulations and the previous Instruction, we can conclude that the new Administrative Regulations as a whole do not provide for serious novelties in the procedure of notary certification of transactions. However, a simplified structure in the Administrative Regulations can be stated as a noticeable difference between the Administrative regulations and the Instructions.