On Notaries

Law of the Republic of Kazakhstan dated 14 July 1997, No. 155

Unofficial translation

      Footnote. Throughout the text after the word “Section” the numbers “I – II” shall be respectively substituted by the numbers “1 – 2”, by Law of the Republic of Kazakhstan dated 20 December 2004 No 13 (enforced from 1 January, 2005)

      Footnote. Throughout the text, the word “termination” is, in all contexts, substituted by the word “forfeit”, by Law of the Republic of Kazakhstan dated 12 January, 2007 No 222 (enforced upon expiry of 6 months after official publication);
      the words “personal seal” are in all contexts, substituted by the word “seal”, by Law of the Republic of Kazakhstan dated 28.06.2012 No 24-V (enforced upon expiry of ten calendar days after first official publication).

      Footnote. Throughout the text, the words “aul(s) (village(s))” are respectively substituted by the word “village(s)”, by Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No 121-V (enforced upon expiry of ten calendar days after first official publication).

Section 1
Organization and legal basis of activities of notaries

Chapter 1. General provisions

Article 1. Kazakhstan Notary Profession

      1. The Kazakhstan Notary Profession is a legal institution providing qualified legal assistance and protection of rights and legal interests of individuals and legal entities by carrying out notarial activities.
      2. The right to carry out notarial activities in the cases and within the limits established by this Law, shall be held by:
      1) notaries working state notary offices (state notary), and notaries engaging in private practice (private notary);
      2) civil servants in akim authorities in cities of regional significance, municipalities, villages and rural districts, authorized to carry out notary activities;
      3) persons fulfilling consular functions in the name of Republic of Kazakhstan;
      3-1) (excluded);
      4) other persons authorized by this Law to carry out notarial activities.
      Footnote. Article 1 as amended by Laws of the Republic of Kazakhstan dated 24.12.2001 No 276; 05.05.2003 No 408; 20.12.2004 No 13 (enforced from 01.01.2005); and 26.12.2011 No 516-IV (enforced upon expiry of ten calendar days after first official publication).

Article 2. Legislation concerning notaries

      The legislation concerning notaries consists of Civil Code standards, this Law and other Kazakh legislation regulating notarial activity.

Article 3. Notarial activity and its guarantees

      1. Notarial activity is carrying out of notarial activities provided for by this Law and other Kazakh legislative acts, by the notary.
      In the cases and within the limits established by this Law, specially authorized civil servants may carry out separate notarial activity.
      Notarial activity in the Republic of Kazakhstan shall be based on principles of legality, independence and secrecy of notarial activities.
      Notarial activity is not a business activity.
      2. In carrying out notarial activities, notaries and other persons licensed to carry out notarial activities are independent and subject only to the Law. They shall thus be guided by this Law and other regulatory legal acts, and by international treaties ratified by the Republic of Kazakhstan, regulating such activities.
      3. Individuals and legal entities shall be guaranteed secrecy for the notarial activities carried out by them.
      4. Ensuring secrecy of notarial activities is obligatory for persons no longer working as notaries.
      4-1. Responsibility of confidentiality of notarial activities shall extend to trainees and clerks of notaries.
      5. Information on notarial activities, and copies or duplicates issued by a notary, shall be issued only to legal entities and individuals under whose instructions the notarial activities were carried out, or their authorized bodies.
      6. Information on notarial activities and documents shall be issued at the written request of courts, investigation and inquiry authorities according to proceedings, executive bodies according to proceedings, prosecution authorities according to proceedings, and judicial bodies and notary associations, authorized by this Law to inspect notaries’ activities.
      Information on notarial activities, necessary for carrying out advocacy activities shall be issued at the written request of a defence lawyer representative of an applicant for legal assistance.
      7. Persons intentionally disclosing information on performance of notarial action, shall be liable in accordance with the legislation.
      8. Legal entities and civil servants must send the notary information and documents necessary for carrying out notarial activities, not later than ten calendar days from the date of the notary’s demand.
      9. Information on wills, and copies and duplicates, shall be issued to the interested persons only after death of the testator, unless otherwise established by the legislation.
      Footnote. Article 3 as amended by Laws of the Republic of Kazakhstan dated 22.06.2006 No 147; 26.12.2011 No 516-IV (enforced upon expiry of ten calendar days after first official publication); 27.04.2012 No 15-V (enforced upon expiry of ten calendar days after first official publication); and by Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No 121-V (enforced upon expiry of ten calendar days after first official publication).

Article 4. Notarial clerical correspondence

      1. Notarial clerical correspondence shall be carried out in accordance with the rules of notarial clerical correspondence (hereinafter – the Rules), confirmed by the Kazakh Ministry of Justice by agreement with the authorized Kazakh state body for management of archives and documentation involvement of the state notary association.
      2. The territorial justice authorities and the notary association shall monitor compliance with the requirements of the Rules.
      3. Documents of state notaries must be entered into the state archive according to the procedure established by Kazakh legislation.
      Documents of private notaries must be entered into a private notarial archive according to the procedure established by Kazakh legislation.
      Footnote. Article 4 as amended by Laws of the Republic of Kazakhstan dated 05.05.2003 No 408; and 26.12.2011 No 516-IV (enforced upon expiry of ten calendar days after first official publication).

Article 4-1. Unified notarial information system

      The unified notarial information system is a hardware and software complex, intended for automation of notarial activities and interaction of judicial bodies and notary associations.
      Footnote. Law supplemented by Article 4-1 in accordance with Law of the Republic of Kazakhstan 15.07.2010 No 337-IV (for method of enforcement see Article 2).

Article 5. Language of clerical correspondence

      1. Notarial clerical correspondence shall be conducted in accordance with Kazakh legislation concerning languages.
      2. If an applicant for notarial action, does not speak the language of the clerical correspondence, the texts of the documents formulated shall be translated for him/her, at his/her request, for a fee in accordance with Article 80 of this Law.

Chapter 2. LEGAL STATUS OF NOTARY

Article 6. Notary in the Republic of Kazakhstan

      1. A notary may be a Kazakh citizen who has reached the age of twenty five years and has higher legal education, not less than two years’ work experience in the legal profession, has undertaken a notary internship lasting not less than one year, is certified by the certification commission of justice, and has obtained a license for the right to carry out notarial activity, unless this Law provides otherwise.
      A state notary shall be a state employee, holding a post according to the procedure established by Kazakh legislation concerning state service.
      A state notary shall be bound by the requirements mentioned in the first part of this Article, except for receipt of a licence for the right to carry out notarial activities.
      A notary may not be a person with unspent or undischarged convictions as established by the Law procedure, or recognized in established procedure as partly or fully incapacitated.
      A notary may not be a person for whom a criminal case has been terminated on grounds of non-rehabilitation, or whose notarial activity has been terminated through loss of licence or dismissal from office of state notary for breach of Kazakh legislation concerning fulfilment of notarial activities for five years after the occurrence of such events.
      2. Private and state notaries shall have equal rights and responsibilities when carrying out notarial activity. Documents formulated by them shall have equal legal force.
      3. Performance of notarial activities by persons unlicensed as per paragraph 1 of this Article (except for state notary and persons mentioned in subparagraph 2), 3) of paragraph 2 of Article 1 of this Law), or violation of other requirements of legislation concerning notaries and income from notarial activities shall lead to responsibility in accordance with Kazakh legislation.
      4. Territorial body of justice shall have specific responsibility for notarial activities of state notaries.
      Footnote. Article 6 as amended by Laws of the Republic of Kazakhstan dated 13.11.1998 No 302; 11.07.2001 No 235; 24.12.2001 No 276; 05.05.2003 No 408; and 26.12.2011 No 516-IV (enforced upon expiry of ten calendar days after first official publication).

Article 7. Clerks and trainees of notary

      1. Notary may have clerks and trainees.
      2. Clerks of notaries may Kazakh citizens only.
      3. Clerks of notaries may work on the basis of an employment agreement with a notary engaged in private practice or be a staff member of a state notarial office.
      4. Trainee notaries may be Kazakh citizens with higher legal education.
      Trainees shall be trained by a notary engaged in private practice, or by state notaries on the basis of a training agreement.
      Persons claiming the right to carry out notary activities shall conclude a training agreement with a territorial justice authority or notary association.
      5. Clerks and trainees may, by order and under the supervision of the notary, carry out the notary’s orders, which shall not take the place of notarial activities and instead be auxiliary to the maintenance of notarial clerical correspondence.
      6. Training periods may be reduced by coordinated decision of the territorial body of justice and notarial chamber for persons, with not less than five years’ experience in the legal profession. Duration of training periods may not be less than three months.
      7. The aim of training shall be to provide the trainee with professional knowledge and practical skills in carrying out notarial activities and organizing the work of a notary.
      8. Not more than two trainees at the same time may undergo training with a notary.
      9. Training hall be carried out according to unified program of professional preparation of trainees, confirmed by order of the Kazakh Ministry of Justice by agreement with the state notary association.
      The professional training programme shall be obligatory for all trainees and contain a list of measures aimed at giving trainees special theoretical skills, practical skills in notarial activities and organization of work of notary, and learning of professional and ethnic regulations of behaviour of notary and attending seminars organized for notaries or specially for trainees.
      Reduction of duration of training shall not release trainees from responsibility to pass through the training program.
      10. On completion of internship the notary shall prepare conclusion, reflecting completion of the professional training programme and be confirmed within ten business days by coordinated decision of the territorial body of justice and notarial chamber. If the trainee has not completed the study under the professional training programme, additional time shall be granted to him/her.
      11. Completion of the professional training programme shall be a compulsory condition of training.
      12. The requirements of this Article shall not apply to persons with work experience as a state notary, except those dismissed from duty on negative grounds.
      Footnote. Article 7 is in the wording of Law of the Republic of Kazakhstan dated 26.12.2011 No 516-IV (enforced upon expiry of ten calendar days after first official publication).

Article 7-1. Certification commission of justice for the right to carry out notarial activities

      1. Persons claiming the right to carry out notarial activity, shall be certified by the certification commissions of justice for the right to carry out notarial activity created in territorial bodies of justice in the regions and cities of national significance, and the capital.
      The certification commission of justice for the right to carry out notarial activity shall consist of seven members: two notaries, including the dean of the notarial chamber, two representatives of territorial body of justice, a legal scholar and two maslikhat deputies.
      The composition of the certification commissions of justice for the right to carry out notarial activity and regulate its works shall be confirmed by orders of the Kazakh Minister of Justice.
      2. The basic tasks of certification commission of justice for the right to carry out notarial activity shall be:
      1) ensuring quality selection of applicants toe licence to carry out notarial activity;
      2) ensuring openness and publicity of sessions.
      3. Representatives of mass media may attend the session of commission of justice certification for the right to carry out notarial activity.
      4. In order to ensure openness and publicity of the certification commission of justice sessions for the right to carry out notarial activity, an audio and/or video or stenograph shall be produced. The stenograph or audio and/or video record made during the session shall be attached to the minutes of the session and remain together with the material of the certification commission of justice for the right to carry out notarial activity.
      Footnote. Chapter 2 supplemented by Article 7-1 in accordance with Law of the Republic of Kazakhstan dated 26.12.2011 No 516-IV (enforced upon expiry of ten calendar days after first official publication).

Article 7-2. Method and conditions of certification

      1. The method and conditions for certifying persons undergoing training and claiming the right to carry out notarial activity shall be determined by rules confirmed by the Government of the Republic of Kazakhstan.
      2. Persons claiming the right to carry out notarial activity shall, after undergoing training, submit an application according to place of residence to the corresponding certification commission of justice for the right to carry out notarial activity, for his/her certification by territorial bodies of justice in the regions, cities of national significance and the capital, with attachment of documents, provided for by Kazakh legislation.
      3. In case of inappropriate formulation, or submission of an incomplete package of documents, the application and presented documents shall be returned to the applicant by the territorial bodies of justice in the region, cities of national significance and the capital, without examination, no later than five business days from the date of receipt with written notification of reason for return.
      4. Certification shall be refused if the applicant does not comply with the requirements of this Law.
      In certification is refused, the territorial bodies of justice in the regions, cities of national significance and the capital city shall send a well-grounded decision to the contender not less than fifteen business days from date of receipt of application.
      Refusal of certification may be appealed against before a court according to the procedure established by the Law.
      5. Applicants accepted for certification shall be notified in writing by the territorial bodies of justice in the regions, cities of national significance and the capital city of the place, date, time and procedure of certification at least ten calendar days before the ceremony.
      6. Certification shall be conducted by the certification commission of justice for the right to carry out notarial activity as and when necessary, but at least once every quarter.
      7. Certification consists of two stages:
      1) passing a computer test on awareness of Kazakh legislation;
      2) oral test on exam papers.
      8. Applicants may, if they wish, undergo a test in the Kazakh and Russian languages. The test shall be conducted using computer technology.
      9. According to the results of certification, the certification commission of justice for the right to carry out notarial activity shall issue a well-grounded decision on whether or not to certificate not later than the day following certification.
      The decision of the certification commission shall be effective for three years from the date of issue.
      Decisions of the certification commission of justice may be appealed against before a court according to the procedure established by the Law.
      10. During certification, the applicant may not any information, specialist and other literature, communication tools, or notes.
      Breach of these requirements shall exclude an applicant from certification by the certification commission of justice for the right to carry out notarial activity.
      Applicants excluded from certification may send a repeat application for certification according to the procedure provided by this Law, upon expiry of three months from the date of issue of decision by the certification commission of justice for the right to carry out notarial activity.
      11. Applicants presented for certification for a valid reason shall be called for the next session of certification by the commission of justice for the right to carry out notarial activity, according to the procedure provided by paragraph 5 of this Article.
      In case of repeated non-attendance by the applicant, his/her application shall remain unexamined and be returned together with their submitted documents.
      Footnote. Chapter 2 supplemented by Article 7-2 in accordance with Law of the Republic of Kazakhstan dated 26.12.2011 No 516-IV (enforced upon expiry of ten calendar days after first official publication).

Article 8. Licence to carry out notarial activity

      1. A licence to carry out notarial activity (notary licence), issued by the Ministry of Justice of the Republic of Kazakhstan according to the results of certification, shall authorize a private notary to carry out notarial activities.
      2. The list of documents necessary for granting a notary licence, and the terms and procedure for issuing a licence, shall be established by the relevant regulatory legal acts.
      3. A notary licence shall be general, issued without limitation of, and valid throughout Kazakh territory.
      4. A charge, the amount and payment method of which shall be determined by tax legislation, shall be applied for the issue of a notary licence.
      5. The Ministry of Justice of the Republic of Kazakhstan shall keep a State register of licenses to carry out notarial activity and publish information on persons to be issued with licences to carry out notarial activity in the departmental press, specifying:
      1) the surname, forename patronymic of a notary;
      2) the licence date and number.
      6. Persons, passing the qualifying examinations in the qualifications body of justice of the Republic of Kazakhstan or in the qualifications commission of the Supreme Judicial Council of the Republic of Kazakhstan, regular judges and persons working as regular judges except for judges dismissed from judicial appointment for detractive offences and violation of law in fulfilment of their obligations, as well as state notaries, may obtain a licence to carry out notarial activity without undergoing certification.
      6-1. Excluded by Law of the Republic of Kazakhstan dated 26.12.2011 No 516-IV (enforced upon expiry of ten calendar days after first official publication).
      Footnote. Article 8 as amended by Laws of the Republic of Kazakhstan dated 13.11.1998 No 302; 11.07.2001 No 235; 05.05.2003 No 408; 20.12.2004 No 13 (enforced from 01.01.2005); 29.04.2009 No 154-IV (for method of enforcement see Article 2); and 26.12.2011 No 516-IV (enforced upon expiry of ten calendar days after first official publication).

Article 9. Refusal to issue notary licence

      1. Grounds for refusal to issue a notary licence shall be established by legislation concerning licensure.
      2. A well-grounded written decision specifying the reasons for refusal shall, within three days from the date of its adoption, be issued following refusal to issue a notary licence.
      3. The decision of refuse may be appealed against before a court.

Article 10. Suspension of notary licence

      1. Notary licences shall be suspended by decision of the Ministry of Justice of the Republic of Kazakhstan on the basis of applications from citizens, territorial bodies of justice, notary associations and prosecution, investigation and inquiry authorities.
      2. Validity of a notary licence shall be suspended for up to six months in the following cases:
      1) commencement of action proceedings for termination of a licence to carry out notarial activity;
      2) implication of a notary as a defendant in a criminal case;
      3) failure by the notary to report information on change of surname, forename or patronymic to the territorial body of justice within one month;
      3-1) systematic (three or more times during twelve continuous calendar days) violation of requirements provided by Kazakh legislation to combat legitimization (laundering) of illegally received income, and financing of terrorism;
      4) violation by the notary of an area of activity delegated to him/her in accordance with this Law;
      5) violation of Kazakh legislation in fulfilment of notarial activities, involving violation by a notary of laws and the legal interests of the state, individuals and legal entities;
      6) physical absence of the notary from the address specified in the judicial bodies’ registration record;
      7) failure by the notary to comply with the requirements of paragraph 4 of Article 15 of this Law;
      8) failure to observe the restrictions, provided by article 19 of this Law;
      9) failure by the notary to carry out practical notary activity after three months from the date of his/her placing on the register.
      3. The reasons for and period of suspension of licence shall be specified in the licence suspension decision. Validity of licence shall be suspended from the date of advice of decision to a notary. Decision restore validity of licence shall be advised to the notary upon removal of grounds for suspension, within three calendar days from the date of sending of information on removal of grounds for suspension of notary.
      4. Suspension of a notary licence shall lead to prohibition of notarial activities and delivery of a seal to the territorial body of justice for the notary’s period of suspension.
      5. The decision to suspend or restore a license shall be published in the departmental press of the Ministry of Justice of the Republic of Kazakhstan.
      6. Decision to suspend a notary licence may be appealed against in a court.
      7. The territorial body of justice and notary association shall be obliged to take measures to transfer documents from a notary whose licence is suspended to another notary, according to the procedure provided by the rules on notarial clerical correspondence.
      Footnote. Article 10 as amended by Laws of the Republic of Kazakhstan dated 05.05.2003 No 408; 28.08.2009 No 192-IV (enforced from 08.03.2010); and 26.12.2011 No 516-IV (enforced upon expiry of 10 calendar days after first official publication); and by Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No 121-V (enforced upon expiry of ten calendar days after first official publication).

Article 11. Loss of notary licence

      Notary licences shall be terminated by the court decision following action of prosecution authorities, the Ministry of Justice of the Republic of Kazakhstan, or the state notary association, in the following cases:
      1) (excluded)
      2) repeated infringement of the Notary’s Code of Honour by a private notary;
      3) repeated infringement of Kazakh legislation concerning fulfilment of notarial activities, or law violation by the notary with damage to the interests of the state, individuals and legal entities;
      4) failure to remove grounds for suspension of a licence;
      5) confirmation of provision by the notary of unreliable or intentionally distorted information in the documents constituting grounds for the issue of a notary licence;
      6) suspension of licence thrice;
      7) excluded by Law of the Republic of Kazakhstan dated 26.12.2011 No 516-IV (enforced upon expiry of 10 calendar days after first official publication);
      8) carrying out by the notary of professional activity without relevant registration in the territorial bodies of justice.
      Footnote. Article 11 as amended by Laws of the Republic of Kazakhstan dated 11.07.2001 No 235; 05.05.2003 No 408; and 26.12.2011 No 516-IV (enforced upon expiry of 10 calendar days after first official publication).

Article 12. Termination of notary licence

      1. Validity of a notary licence shall be terminated when the licence is lost, or following decision of the Ministry of Justice of the Republic of Kazakhstan, in the following cases:
      1) filing of application by the notary’s own volition;
      2) changing of citizenship of notary, or his/her departure to a permanent place of residence outside Kazakhstan;
      3) death of notary;
      4) conviction of notary for offence following passing of judgment;
      4-1) decree to terminate criminal case with non-rehabilitating grounds in relation to the notary;
      5) recognition of a notary as totally or partly incapacitated for work, according to the procedure established by legislation;
      6) impossibility of fulfilment by the notary of professional duties for health reason ( subject to medical report);
      7) recognition of a notary as missing or declared dead.
      2. Applications for termination of a notary licence shall be proposed by the relevant notary association and territorial body of justice.
      3. the territorial body of justice and notary association shall be obliged to take measures to transfer documents from a notary whose licence is terminated to another notary or to the private notarial archive, and, on revocation of a license, for transferring it to the licensor and destroying the notary’s seal.
      4. Disputes linked with termination of notary licences shall be settled in a judicial procedure.
      Footnote. Article 12 as amended by Law of the Republic of Kazakhstan dated 5 May, 2003 No 408.

Article 13. State notary

      Footnote. Article 13 is excluded by Law of the Republic of Kazakhstan dated 26.12.2011 No 516-IV (enforced upon expiry of 10 calendar days after first official publication).

Article 14. State notary office

      1. The state notary office shall be a structural subdivision of the territorial body of justice without legal entity rights, and shall act on the basis of the Provisions confirmed by this body.
      2. State notary offices shall be located in districts/cities of the Republic of Kazakhstan.

Article 15. Notary in private practice

      1. Notaries in private practice, shall be recognized citizens in private practice without legal entity formation on the basis of a license, with his/her civil liability insured for obligations arising resulting from civil damages in the fulfilment of notarial activities, and shall be members of the notary association and registered with the territorial body of justice.
      2. Notaries in private practice shall have the right to open a current account with banking institutions, hire and dismiss clerks and technical workers according to labour legislation, manage income earned from carrying out notarial activities, appear in court in his/her own name, and perform other actions in accordance with Kazakh legislation.
      3. (Regulations of paragraph 3 lose effect and are not subject to application of Regulations of the Constitutional Council of the Republic of Kazakhstan dated 31 January 2005, No 1)
      4. Notaries engaging in private practice shall be obliged to have one office suitable for unimpeded access by individuals and representatives of legal entities, confidentiality of performance of notarial activities, and conditions capable of ensuring security of notarial clerical correspondence.
      The notary’s office shall be the place of his/her record registration.
      Repeated record registration shall not be required if the notary office moves within the notary’s designated territory. The territorial body of justice shall be obliged to make enquiries with a view to determining that the office complies with the requirements of Kazakh legislation within five business days of date of receipt of application for relocation of the notary’s office within the designated territory.
      5. (Excluded).
      6. (Excluded).
      7. One or more notaries may work in one office when they comply with the requirements of paragraph 4 of this Article.
      Footnote. Article 15 as amended by Laws of the Republic of Kazakhstan dated 24.12.2001 No 276; 05.05.2003 No 408; 11.07.2009 No 185-IV (shall be enforced from 30.08.2009); and 26.12.2011 No 516-IV (enforced upon expiry of 10 calendar days after first official publication).

Article 16. Insurance of activity of private notary

      1. Private notaries shall be obliged to take out civil liability insurance for obligations arising from civil damages arising from the execution of notarial activities, as provided in paragraph 1 of Article 34 of this Law, and shall not have a right to carry out notarial activities in the absence of such policy.
      2. The procedure and conditions of civil liability insurance for notaries against obligations arising from civil damages arising from the execution of notarial activities shall be established by Kazakh legislative acts.
      Footnote. Article 16 as amended by Law of the Republic of Kazakhstan dated 5 May 2003, No 408.

Article 17. Rights of notary

      Notaries shall have the right to:
      1) Carry out notarial activities, provided for by this Law and other Kazakh legislative acts, in the interest of individuals and legal entities approaching them;
      2) produce drafts of contracts, applications and other documents;
      3) prepare copies of documents and abridged versions of them;
      4) provide consultation on issues of fulfilment of notarial activities;
      5) claim from individuals and legal entities the documents and information necessary for fulfilment of notarial activities, in accordance with established requirements for disclosure of information, including commercial, banking and other secrets legally protected by Kazakh legislative acts;
      6) practice a scientific, educational and creative activity;
      7) (excluded).
      Footnote. Article 17 as amended by Laws of the Republic of Kazakhstan dated 29.03.2000 No 42; 05.05.2003 No 408; and 26.12.2011 No 516-IV (enforced upon expiry of 10 calendar days after first official publication).

Article 18. Obligations of notary

      1. Notaries shall be obliged to:
      1) carry out notarial activities in accordance with requirements of this Law and other Kazakh regulatory legal acts governing activity of notaries;
      2) explain rights and obligations to citizens and legal entities, and warn of consequences of performed notarial activities so that lack of legal information cannot be used to their detriment;
      3) keep under seal of secrecy information made known to them in the context of professional activity;
      4) refuse to carry out notarial activity that contravenes Kazakh legislation;
      5) comply with professional ethics;
      6) submit information on fulfilment of notarial action, other documents, and where necessary personal explanations, including issues of noncompliance with the requirements of professional ethics in the event of complaints about their action to judicial authorities and/or the notary association;
      7) transfer documents being produced to another notary in the event of suspension of license, according to the procedure provided for by the rules concerning notarial clerical correspondence;
      8) send all notarial documents held to the private notarial archive in the event of termination of licence on grounds, provided by subparagraphs 1), 2), 4), 4-1) and 6) of paragraph 1 of Article 12 of this Law;
      9) provide information on change of surname, name, patronymic and location of office to the territorial body of justice within one month.
      2. Provision of data and information on notarial activities to the authorized financial monitoring body according to the order and procedure provided for in the Law of the Republic of Kazakhstan “Concerning countering of legitimization (laundering) of illegally received income and financing of terrorism”, and sending a soft copy of the title document certified by the notary’s electronic digital signature, via the unified notarial information system to the legal register information system according to the procedure provided for in the Law of the Republic of Kazakhstan “Concerning state registration of rights on immovable property”, shall not constitute disclosure of notarial activity secrets.
      Footnote. Article 18 as amended by Laws of the Republic of Kazakhstan dated 28.08.2009 No 192-IV (enforced from 08.03.2010); 26.12.2011 No 516-IV (enforced upon expiry of 10 calendar days after first official publication); 21.06.2012 No 19-V (enforced upon expiry of ten calendar days after first official publication); and 08.01.2013 No 64-V (enforced from 01.01.2013).

Article 19. Restrictions of activities of notary

      1. Notaries may not:
      1) carry on business activities;
      2) provide intermediary services during the completion, amendment and dissolution of a treaty;
      3) perform notarial duties in cases of election of representative body by deputy;
      4) perform their duties without a compulsory notary’s civil liability insurance contract;
      5) use a facsimile or transfer seal or electronic digital signature to another person, except when sending a seal to the territorial body of justice for the period of suspension of notary’s licence;
      6) carry out activity away from the place of registration, except in cases, provided for by this Law.
      2. Notaries in private practice may not be in working relationships as employees, unless otherwise provided by this Law.
      Footnote. Article 19 as amended by Laws of the Republic of Kazakhstan dated 24.12.2001 No 276; 05.05.2003 No 408; 26.12.2011 No 516-IV (enforced upon expiry of 10 calendar days after first official publication); and 28.06.2012 No 24-V (enforced upon expiry of ten calendar days after first official publication).

Article 20. Notarial district

      A notarial district shall be recognized as a territory of one region, city of national significance or the capital city, in accordance with the administrative territorial division of the Republic of Kazakhstan.
      Footnote. Article 20 as amended by Law of the Republic of Kazakhstan dated 5 May 2003, No 408.

Article 21. Activity area of notary

      1. A notary’s activity area of shall be determined by the territorial body of justice within the notarial district.
      2. A private notary’s activity area shall be determined by the territorial body of justice jointly with the notary association within the notarial district.
      Notaries may not place their office outside the territory designated territory to them.
      Requirements concerning the notary’s office shall be established by the ministry of justice of the Republic of Kazakhstan at the suggestion of the state notary association.
      The territorial body of justice shall regularly inform the population of the activity area of state and private notaries.
      3. The notary’s activity area shall be observed upon fulfilment of actions provided for by subparagraphs 3), 4), 5) of paragraph 1 of Article 34 and Article 54 of this Law by the notary. In all other cases, individuals and legal entities requiring notarial activities may apply to any notary.
      4. The office for carrying out notarial activities shall be within the territory, designated according to the procedure provided for by paragraphs 1 and 2 of this Article.
      5. Notarial activity may be carried out away from the office of a state or private notary.
      6. Notarial activity with outside visit shall be performed for specific persons on the basis of an application by those persons, and shall not be regular.
      If the notarial activity is carried out in a state notary’s or private notary’s office, the precise location, address and time of this notarial activity shall be noted in the document certificate in the notarial activities register.
      Footnote. Article 21 as amended by Laws of the Republic of Kazakhstan dated 05.05.2003 No 408; and 26.12.2011 No 516-IV (enforced upon expiry of 10 calendar days after first official publication).

Article 21-1. Criteria for determining minimum number of notaries in notarial district

      1. The minimum number of notaries in the notarial district shall be confirmed by the Ministry of justice of the Republic of Kazakhstan following application from the territorial body of justice jointly with the territorial notary association, on the basis of the following criteria:
      1) number and density of population in the notarial district;
      2) economic development, geographical location, existence of infrastructure and other peculiarities of district.
      2. The territorial body of justice may introduce a state notary into staff numbers when a vacancy is not filled for three months by the private notaries.
      3. If a specified vacancy is subsequently filled by the private notary, the territorial body of justice shall be obliged to cancel one state notary within a month.
      The territorial body of justice shall thus be obliged to take measures concerning:
      1) monitoring of legality of notarial activities and correction of breaches by state notaries as revealed;
      2) receipt and transfer of documents depending on state notary to private notary;
      3) removal and elimination of a state notary’s seal.
      Footnote. Article 2 is supplemented by Article 21-1 in accordance with Law of the Republic of Kazakhstan dated 26.12.2011 No 516-IV (enforced upon expiry of 10 calendar days after first official publication).

Article 22. Notary’s seal, stamp and forms

      1. Notaries shall have a seal bearing the State Emblem of the Republic of Kazakhstan and their surname, forename and patronymic (where applicable), the name of the state notary office (seal of state notary) or licence number and issue date(seal of private notary), and stamps for certificates of acknowledgments and private forms.
      2. The stamps and sample signatures of the notaries shall be held by the Ministry of Justice of the Republic of Kazakhstan, territorial body of justice, and the notary association.
      3. Orders for and issues of seals to notaries for carrying out notarial activities shall be fulfilled by the territorial body of justice.
      Private notaries’ seals shall be produced at the expense of their funds, and state notaries’ seals – at the expense of budget funds.
      Footnote. Article 22 is in the wording of Law of the Republic of Kazakhstan dated 28.06.2012 No 24-V (enforced upon expiry of ten calendar days after first official publication).

Article 23. Certificate of akim civil servants in cities of regional significance, rural settlements, villages and rural districts, authorized to carry out notarial activities

      Persons, mentioned in subparagraph 2) of paragraph 2 of article 1 of this Law, shall be certified in the territorial body of justice for carrying out notarial activities in accordance with the certification provision approved by the Ministry of Justice of the Republic of Kazakhstan.
      Footnote. Article 23 as amended by Law of the Republic of Kazakhstan dated 20.12.2004 No 13 (enforced from 01.01.2005).

Article 24. Responsibility of notaries and civil servants, authorized to carry out notarial activities

      1. Notaries and civil servants authorized by this Law to carry out notarial activities, shall bear criminal, administrative, financial, disciplinary and other liability provided for by Kazakh legislation in the event of illegal acts on their part.
      2. Notaries in private practice shall be held liable by the notary association in accordance with the Notary’s Code of Honour in the event of violation of their professional duties and ethical regulation.
      3. The state shall decline liability for damage caused to individuals and legal entities through notarial activities carried out by private notaries.
      Footnote. Article 24 as amended by Laws of the Republic of Kazakhstan dated 28.06.2012 No 24-V (enforced upon expiry of ten calendar days after its first official publication); and by Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No 121-V (enforced upon expiry of ten calendar days after first official publication).

Article 25. Complaints concerning, or refusal to accept, notarial activities

      Complaints concerning, or refusal to accept, notarial activities shall be considered by the courts in accordance with regulations of civil procedure legislation.

Chapter 3. NOTARY ASSOCIATION

Article 26. Notary association

      1. The notary association is an uncommercial professional self-financing organization, created for expressing and protecting the rights and legal interests of notaries in private practice and monitoring observance of legislation on notaries in provision of notarial activities.
      2. The activity of the notary association shall be regulated by this Law and the charter. The notary association shall be a legal entity and subject to registration according to the procedure established by the Law.
      3. A notary association shall be formed in the territory of each region, city of national significance and the capital of the Republic of Kazakhstan.
      4. The state notary association shall be a non-commercial professional self-financing organization combining territorial notary associations.
      5. Person, licensed to carry out notarial activity cannot be refused membership of notary association, unless they fail to comply with the requirements of Article 6 of this Law.
      Charging of membership fees by the notary associations is not allowed.
      Footnote. Article 26 as amended by Law of the Republic of Kazakhstan dated 26.12.2011 No 516-IV (enforced upon expiry of ten calendar days after first official publication).

Article 26-1. Regulatory bodies of notary association

      1. The general meeting of members shall be the supreme body of the notary association.
      The following shall be within the exclusive competence of the general meeting:
      1) adoption of charter of notary association, introduction of amendments and supplements;
      2) election of dean of notary association, corporate executives and audit commission;
      3) determination of guidelines for activity of the notary association;
      4) adoption of budget of the notary association.
      Other issues and decision-making processes within the exclusive competence of the general meeting may be listed in the charter of the notary association.
      2. The government and dean of the notary association, elected by the general meeting of members of the notary association, shall manage the notary association. The competence of the general meeting of members, and the government and dean, of the notary association shall be regulated by the charter of the notary association.
      3. Corporate executives shall be elected by secret voting for a four-year term.
      4. The government shall be a regulatory body of the notary association, and shall include not less than five persons.
      5. The procedure and terms of convening meetings of the notary association, and the powers of the dean and regulatory bodies of the notary association, shall be determined by the charter of the notary association.
      Article. Chapter 3 is supplemented by Article 26-1 in accordance with Law of the Republic of Kazakhstan dated 26.12.2011 No 516-IV (enforced upon expiry of ten calendar days after first official publication).

Article 26-2. Dean of notary association

      1. A notary who is a direct member of the notary association for not less than five years shall be elected dean of the notary association.
      The dean of the notary association shall be elected by secret voting for a four-year term.
      2. The dean of the notary association shall:
      1) organize the work of the notary association and ensure completion of tasks assigned to the notary association;
      2) manage the work of the notary association and hire and dismiss employees of the notary association;
      3) represent the interests of the notary association in state bodies, public associations, and other organizations;
      4) exercise other powers, provided by the charter of the notary association and not inconsistent with Kazakh legislation.
      Footnote. Chapter 3 supplemented by Article 26-2 in accordance with Law of the Republic of Kazakhstan dated 26.12.2011 No 516-IV (enforced upon expiry of ten calendar days after first official publication).

Article 27. Powers of notary association

      1. The notary association shall:
      1) generally manage and coordinate the activity of private notaries;
      2) represent and protect the rights and legal interests of their members in state bodies and non-governmental organizations, assist them and work together in developing a notarial case;
      3) carry out compliance control of the legislation on notaries upon performance of notarial activities by the private notaries;
      4) introduce applications for suspension, loss or termination of a private notary’s licence;
      5) arrange civil liability insurance obligations arising from damages caused while carrying out injure notarial activities;
      5-1) inform territorial bodies of justice on cases of failure by private notaries to take out compulsory civil liability insurance of and violations of other requirements of Kazakh legislation concerning compulsory civil liability insurance for private notaries;
      6) organize training of persons licensed to carry out notary activity, and training of private notaries;
      7) reimburse the costs of expert examinations called by a court in cases linked with its members’ activity;
      8) hold private notaries liable for violation of professional duty and ethics in accordance with the Notary’s Code of Honour;
      9) administer complaints and applications by citizens and legal entities concerning service acts of private notaries.
      2. The notary association may demand explanations concerning notarial activities carried out, obtaining personal explanations where necessary, and concerning issues of non-observance of professional ethics by the notary, when examining questions of legality of actions carried out by a private notary.
      3. The notary association shall send information on its activity in hard copy and electronic formats to the state notary association and the territorial body of justice, according to yearly and half-yearly results.
      Footnote. Article 27 as amended by Laws of the Republic of Kazakhstan dated 05.05.2003 No 408; 11.06.2003 No 437; 15.07.2010 No 337-IV ( for method of enforcement see Article 2); and 26.12.2011 No 516-IV (enforced upon expiry of 10 calendar days after first official publication).

Article 28. Charter of notary association

      1. The charter of the notary association shall include:
      1) its name, aims and main types of activity;
      2) the rights and obligations of the Board;
      3) conditions and procedures for acquisition, suspension and forfeit of membership;
      3-1) rights, obligations and responsibility of members;
      4) procedure of formation, function and duration of powers of governing bodies;
      5) sources of formation of assets and method of use of assets and incomes;
      6) procedure for introduction of amendments and supplements to the charter;
      7) procedure for reorganizing and liquidating the Board, and fate of assets following liquidation.
      2. The charter of the notary association may also embody other regulations, not inconsistent with legislation.
      Footnote. Article 28 as amended by Law of the Republic of Kazakhstan dated 5 May 2003, No 408.

Article 29. Powers of state notary association

      1. The activity of the state notary association shall be determined by this Law and its charter. The state notary association shall be registered in accordance with the procedure established by Law.
      2. The state notary association shall:
      1) coordinate the activity of the notary association;
      2) represent the interests of the notary association and notaries in the state bodies and non-governmental organizations including foreign and international organisations;
      3) participate in legislative drafting and expert activity of the Ministry of Justice of the Republic of Kazakhstan concerning notarial issues;
      4) organize training of notaries;
      5) participate in the development of regulatory legal acts and develop methodological materials concerning notarial issues;
      6) develop and confirm the Notary’s Code of Honour;
      7) carry out other activity, not inconsistent with legislation and international treaties.
      3. The state notary association shall annually present information on its activity, in hard copy and electronic formats, to the Ministry of Justice of the Republic of Kazakhstan.
      4. A notary shall be elected dean of the state notary association, if he has been a member of the notary association not less than five continuous years until the date of election.
      The dean of the state notary association shall be elected by secret voting for a four-year term.
      The procedure electing and empowering the dean of the state notary association shall be determined by this Law and the charter of the state notary association.
      Footnote. Article 29 as amended by Laws of the Republic of Kazakhstan dated 15.07.2010 No 337-IV (for method of enforcement see Article 2); and 26.12.2011 No 516-IV (enforced upon expiry of 10 calendar days after first official publication).

Article 29-1. Private notarial archive

      The private notarial archive shall be a branch of the territorial notary association.
      The private notarial archive shall accumulate, store and use of notarial documents in accordance with Kazakh legislation concerning national funds and archives.
      Footnote. Supplemented by Article 29-1, Law of the Republic of Kazakhstan dated 5 May 2003, No. 408.

Chapter 4. PAYMENT FOR NOTARIAL ACTIVITIES

Article 30. Payment for notarial activities

      1. Notaries working in the state notarial office and akim civil servants in cities of regional significance, rural settlements, villages and rural districts shall collect the state duties at the rate established by the Kazakhstan Tax Code for carrying out notarial activities.
      2. Notarial activities carried out by a private notary shall be paid for at the appropriate level of state duty established by Kazakh tax legislation.
      3. (Is excluded)
      Note by RCLI!
      Paragraph 4 shall be enforced from 01.01.2010.
      4. Civil servants of a Kazakh consular institution shall, for carrying out notarial activities, collect a consular fee according to the procedure and amounts provided for by Kazakh tax legislation.
      5. Reduced payment of notarial fees for individuals and legal entities, as provided by Kazakh tax legislation, shall be allocated to these persons and upon carrying out of notarial activities by the notaries in private practice.
      6.Interested persons shall reimburse the notary for actual transport costs following travel from place of work for carrying out notarial activity.
      7. (excluded)
      Footnote. Article 30 as amended by Laws of the Republic of Kazakhstan dated 24.12.2001 No 276; 05.05.2003 No 408; 20.12.2004 No 13 (enforced from 01.01.2005); and 16.11.2009 No 200-IV (enforced from 01.01.2010).

Article 30-1. Payment for legal and technical services within activities carried out by private notary

      1. Private notaries shall collect payment for provision of auxiliary technical and legal services as provided by this Article for carrying out notarial activities:
      1) upon certification of sale agreements for fixed assets (plots of land, dwelling houses, apartments, country-houses, garages, constructions and other fixed assets) in urban areas:
      if one party is a legal entity: 7 monthly calculation indexes;
      children, spouse, parents, full brothers and sisters, grandchildren: 2 monthly calculation indexes;
      other persons: 5 monthly calculation indexes;
      if the transaction is made for acquisition of immovable assets received under a residential mortgage loan: 2 monthly calculation indexes;
      2) upon certification of sale agreements for fixed assets (plots of land, dwelling houses, apartments, country-houses, garages, constructions and other fixed assets) in rural areas:
      if one party is a legal entity: 2 monthly calculation indexes;
      children, spouse, parents, full brothers and sisters, grandchildren: 1 monthly calculation index;
      other persons: 2 monthly calculation indexes;
      3) upon certification of treaties for sale of motor vehicles:
      if one party is a legal entity: 5 monthly calculation indexes;
      children, spouse, parents, full brothers and sisters, grandchildren: 2 monthly calculation indexes;
      other persons: 5 monthly calculation indexes;
      4) upon certification of rent/loan agreements (except for residential mortgage loan), deposit, lease, work contract, marriage contract, division of commonly owned property, division of inherited property, alimony agreements, foundation agreements: 5 monthly calculation indexes;
      5) upon certification of residential mortgage agreements: 2 monthly calculation indexes;
      6) upon certification of wills: 2 monthly calculation indexes;
      7) upon issue of inheritance right certificates: 2 monthly calculation indexes for each certificate issued;
      8) upon issue of certificate of ownership right to share in common property and other persons having rights to jointly owned property: 4 monthly calculation indexes;
      9) upon certification of powers of attorney for right of use and disposition of property: 2 monthly calculation indexes;
      10) upon certification of powers of attorney for right of use and management of motor vehicles without right of sale: 1 monthly calculation index;
      11) upon certification of powers of attorney for sale, granting, exchange of motor vehicles: 2 monthly calculation indexes;
      12) upon certification of other powers:
      for individuals - 1 monthly calculation index;
      for legal entities - 2 monthly calculation indexes;
      13) upon execution of marine protest - 5 monthly calculation indexes;
      upon certification of accuracy of copies of documents and extracts from documents (per page):
      14) for individuals – 0,05 monthly calculation index;
      for legal entities – 0.07 monthly calculation index;
      15) upon certification of authenticity of signature on documents and accuracy of translation of documents from one language to another (per document):
      for individuals - 0.05 monthly calculation index;
      for legal entities - 1 monthly calculation index;
      16) upon transfer of applications by individuals and legal entities to other individuals and legal entities - 0.05 monthly calculation index;
      17) upon issues of notarized copies of documents – 0.05 monthly calculation index;
      18) upon issue of duplicate - 2 monthly calculation indexes;
      19) upon certification of authenticity of signature in opening of bank account ( per document):
      for individuals – 0.3 monthly calculation index;
      for legal entities – 0.5 monthly calculation index;
      20) upon certification of real estate mortgage agreements, rights of reclaim and mortgage certificate for residential mortgage loans - 2 monthly calculation indexes;
      upon consideration of other treaties of pledge - 3 monthly calculation indexes;
      21) upon execution of appeal against bill and certification of non-payment of cheque: 1 monthly calculation index;
      22) upon custody of documents and security papers – 0.5 monthly calculation index per month;
      23) upon certification of surety and guarantee agreements – 1 monthly calculation index per month;
      24) upon execution of other notarial activities, provided for by this Law and other Kazakh legislative acts: 7 monthly calculation indexes.
      2. The following shall be exempt from payment for legal and technical services by the private notary, on completion of those services:
      1) individuals and legal entities, independently preparing drafts of documents, subject to notarial certification;
      2) persons, mentioned in subparagraphs 4), 8) and 9) of Article 542 of the Kazakh Tax Code;
      3) elderly and disabled people residing in medico-social institutions for elderly and generally disabled people;
      4) orphans and children without parental support;
      5) disabled persons of groups I and II;
      6) retirement pensioners.
      Footnote. Chapter 4 is supplemented by Article 30-1 in accordance with Law of the Republic of Kazakhstan dated 26.12.2011 No 516-IV (enforced upon expiry of 10 calendar days after first official publication).

Chapter 5. CONTROL OF NOTARY ACTIVITY: COMPETENCE OF JUDICIAL BODY REGARDING REGULATION OF NOTARIES

Article 31. Control of notary activity

      1. Control of notarial activities and observance of rules of clerical compliance by state notaries and akim civil servants in cities of regional significance, rural settlements, villages and rural districts shall be carried out by the territorial body of justice.
      2. Control of notarial activities and observance of rules of clerical compliance by notaries engaging in private practice, shall be carried out by the territorial body of justice and the notary association.
      3. Authorities of the Kazakh Revenue Service shall monitor the tax compliance of notaries and akim civil servant in cities of regional significance, rural settlements, villages and rural districts in Kazakhstan.
      3-1. Control of compliance with Kazakh legislation concerning countering of legitimization (laundering) of illegally-earned incomes and financing of terrorism shall be carried out by the territorial body of justice.
      4. Civil servants of the body of justice and the notary association must maintain secrecy of notarial activities carried out and made known during inspections of notarial activity. These persons shall be liable in accordance with Kazakh legislation for disclosure of secrets and damages caused to notaries.
      5. Control of notary activity shall be carried out according to the procedure, established by the Law of the Republic of Kazakhstan “Concerning state control and supervision in the Republic of Kazakhstan”.
      Footnote. Article 31 as amended by Laws of the Republic of Kazakhstan dated 05.05.2003 No 408; 20.12.2004 No 13 (enforced from 01.01.2005); 28.08.2009 No 192-IV (enforced from 08.03.2010); and 26.12.2011 No 516-IV (enforced upon expiry of 10 calendar days after first official publication).

Article 31-1. Control of activity of territorial notary associations

      1. Control of activity of territorial notary associations shall be carried out by the territorial bodies of justice according to the procedure established by the Law of the Republic of Kazakhstan “Concerning state control and supervision in the Republic of Kazakhstan”.
      2. Control shall be carried out with a view to establishing compliance with the activity requirements of the territorial notary associations of the Republic of Kazakhstan:
      1) concerning creation of private notarial archives and organization of the accumulation, storage and use of notarial documents;
      2) concerning arrangement of civil liability insurance by private notaries;
      3) concerning organization of training of persons applying for the right to carry out notary activity, and training of private notaries.
      3. The territorial body of justice shall send details of correction of breaches to the territorial notary association if a breach of Kazakh legislation is revealed. The territorial body of justice nay bring court action with a lawsuit to enforce rectification of the breaches of Kazakh legislation if the breach is not rectified at the stated time.
      Footnote. Chapter 5 is supplemented by Article 31-1 in accordance with Law of the Republic of Kazakhstan dated 26.12.2011 No 516-IV (enforced upon expiry of 10 calendar days after first official publication).

Article 32. Competence of Ministry of Justice of the Republic of Kazakhstan to regulate notaries

      The Ministry of Justice of the Republic of Kazakhstan shall:
      1) Manage, coordinate and control the activity of territorial bodies of justice in organizing and ensuring the legality of public services provided by notaries;
      2) confirm the rules for provision of notarial activities by notaries;
      3) confirm the rules on notarial clerical correspondence by agreement with the authorized Kazakh state body for management of archives and documentation, with participation by the state notary association;
      4) confirm the provision concerning certification of akim civil servants carrying out notarial activities in cities of regional significance, rural settlements, villages and rural districts;
      5) excluded by Law of the Republic of Kazakhstan dated 26.12.2011 No 516-IV (enforced upon expiry of 10 calendar days after first official publication);
      5-1) confirm a unified program of professional training of applicants in coordination with the state notary association;
      5-2) establish the procedure and payment for training applicants for the profession of notary;
      6) confirm the provision concerning the State register of licenses to carry out notarial activity;
      7) Confirm the rules for accounting registration of private notaries;
      7-1) confirm the minimum number of notaries for each notarial district;
      8) develop methodological, instructional and explanatory materials on issues concerning work as a notary;
      9) license the activity of notaries;
      10) maintain the State register of licenses for carrying out notary activity and publish information on persons issued with licenses in the departmental press;
      11) make decisions to suspend or terminate a license for carrying out notary activity, and instigate suits following termination of a notary’s licence;
      12) establish the form of notarial activities registers ( and electronic register of unified notarial information system), notarial certificates and regulations, certificates of acknowledgments of transactions, and documents certified by notaries;
      13) excluded by Law of the Republic of Kazakhstan dated 26.12.2011 No 516-IV (enforced upon expiry of 10 calendar days after first official publication);
      14) excluded by the Law of the Republic of Kazakhstan dated 26.12.2011 No 516-IV (enforced upon expiry of 10 calendar days after first official publication);
      14-1) confirm criteria for assessing of degree of risk;
      15) is excluded by the Law of the Republic of Kazakhstan dated 26.12.2011 No 516-IV (shall be enforced upon expiry of 10 calendar days after its first official publication);
      16) regulation notarial activity in accordance with this Law and within its competence;
      17) exercise other powers, provided by this Law, other Kazakh Laws, and acts of the President of the Republic of Kazakhstan and of the Government of the Republic of Kazakhstan.
      Footnote. Article 32 as amended by Laws of the Republic of Kazakhstan dated 05.05.2003 No 408; 20.12.2004 No 13 (enforced from 01.01.2005); 15.07.2010 No 337-IV (for method of enforcement see Article 2); 05.07.2011 No 452-IV (enforced from 13.10.2011); 26.12.2011 No 516-IV (enforced upon expiry of 10 calendar days after first official publication); and by Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No 121-V (enforced upon expiry of ten calendar days after first official publication).

Article 33. Competence of territorial body of justice to regulate notaries

      1. The territorial body of justice shall:
      1) open and close state notary offices;
      2) consider applications by citizens and legal entities for actions by notaries;
      2-1) organize control of compliance with the requirements of Article 16 of this Law by the private notary and take measures against private notaries failing to conclude a compulsory insurance policy for civil liability and violations of other Kazakh legislative requirements concerning compulsory insurance of civil liability of private notaries;
      3) provide methodical and practical assistance to akim civil servants carrying out notarial activities in cities of regional significance, rural settlements, villages and rural districts;
      4) monitor the legality of notarial activities carried out by notaries and akim civil servants in cities of regional significance, rural settlements, villages and rural districts;
      4-1) control compliance with Kazakh legislation concerning countering of legitimization (laundering) of illegally-received income and financing of terrorism;
      5) introduce reports on suspension, loss and termination of a notary’s licence;
      6) introduce reports on holding private notaries liable before the notary association;
      7) check the existence of the notary’s selected office and its compliance with requirements of legislation and then register the private notary. Registration shall be carried out at the notary’s office;
      8) carry out an order to produce seals of notaries and issue this report in accordance with Kazakh legislative requirements;
      9) excluded by Law of the Republic of Kazakhstan dated 13.01.2014 No 159-V (enforced upon expiry of ten calendar days after first official publication);
      10) certify akim civil servants authorised to carry out notarial activities in cities of regional significance, rural settlements, villages and rural districts;
      11) excluded by Law of the Republic of Kazakhstan dated 26.12.2011 No 516-IV (enforced upon expiry of 10 calendar days after first official publication).
      2. The territorial body of justice, together with the notary association, shall:
      1) excluded by Law of the Republic of Kazakhstan dated 26.12.2011 No 516-IV (enforced upon expiry of 10 calendar days after first official publication);
      2) introduce report on minimal number of notaries in notarial district for approval by the Ministry of Justice;
      3) excluded by Law of the Republic of Kazakhstan dated 26.12.2011 No 516-IV (enforced upon expiry of 10 calendar days after first official publication);
      4) organize provision of notarial activities in temporary absence of the notaries in the notarial district;
      5) provide methodical and practical assistance to notaries;
      6) generalize notarial practice;
      7) excluded by Law of the Republic of Kazakhstan dated 26.12.2011 No 516-IV (enforced upon expiry of 10 calendar days after first official publication);
      8) excluded by Law of the Republic of Kazakhstan dated 26.12.2011 No 516-IV (enforced upon expiry of 10 calendar days after first official publication);
      9) excluded by Law of the Republic of Kazakhstan dated 26.12.2011 No 516-IV (enforced upon expiry of 10 calendar days after first official publication);
      10) for notaries terminating their activity in the relevant notarial district, take measures to ensure destruction of seal and transfer of documents to another notary or private notarial archive, and transferring a terminated notary’s licence to the licensor in cases of termination.
      Footnote. Article 33 is in the wording of Law of the Republic of Kazakhstan dated 05.05.2003 No 408; as amended by Laws of the Republic of Kazakhstan dated 11.06.2003 No 437; 20.12.2004 No 13 ( enforced from 01.01.2005); 28.08.2009 No 192-IV (enforced from 08.03.2010); 26.12.2011 No 516-IV (enforced upon expiry of 10 calendar days after first official publication); and 13.01.2014 No 159-V (enforced upon expiry of ten calendar days after first official publication).

Section 2.
NOTARIAL ACTIVITIES AND RULES FOR ITS PROVISION

Chapter 6. NOTARIAL ACTIVITIES CARRIED OUT BY NOTARIES AND AUTHORIZED CIVIL SERVANTS

Article 34. Notarial activities carried out by notaries

      1. Notaries shall carry out the following notarial activities:
      1) certify transactions;
      2) certify constitutional documents of economic partnerships;
      3) assign an inheritance trust manager;
      4) issue a certificate on right to inheritance;
      5) issue a certificate on right of ownership of share in common property by spouses and other persons having joint ownership of assets;
      6) impose and remove prohibition of assignment of assets;
      7) certify accuracy of copies of documents and extracts from them;
      8) certify genuineness of signatures in documents;
      9) certify accuracy of translation of documents from one language to another;
      10) certify the fact that a citizen is alive;
      11) certify the fact that a citizen is in a particular place;
      12) certify time of presentation of documents;
      13) transfer declarations of individuals and legal entities to other individuals and legal entities;
      14) receive money on deposit;
      15) (excluded - No 42 dated 29 March, 2000)
      16) execute bill protests;
      17) accept documents and security papers for storage;
      18) execute marine protests;
      19) provide evidence.
      2. Other notarial activities carried out by notaries shall be provided by Kazakh legislative acts.
      Footnote. Article 34 as amended by Laws of the Republic of Kazakhstan dated 13 November 1998 No 302; 29 March 2000 No 42; and 5 May 2003, No 408.

Article 35. Notarial activities carried out by akim civil servants in cities of regional significance, rural settlements, villages and rural districts

      1. Akim civil servants in cities of district significance, rural settlements, villages and rural districts, authorized to carry out notarial activities in cases of absence of the local notary, shall carry out the following notarial activities:
      1) certify wills;
      2) certify powers of attorney;
      3) certify accuracy of copies of documents and accuracy of extracts from them;
      4) certify genuineness of signatures on applications;
      5) (excluded);
      2. Other notarial activities carried out by civil servants of local executive bodies shall be provided by Kazakh legislative acts.
      Footnote. Article 35 as amended by Law of the Republic of Kazakhstan dated 5 May 2003, No 408; and 20 December 2004, No 13 (enforced from 1 January 2005).

Article 36. Notarial activities carried out by performing consular duties

      1. Civil servants performing consular duties in the name of the Republic of Kazakhstan shall carry out the following notarial activities:
      1) certify transactions, except agreements for assignment of fixed assets located in Kazakh territory;
      2) (excluded)
      3) issue certificates of right to inheritance;
      4) issue a certificate on right of ownership of share in common property by spouses and other persons having joint ownership of assets;
      5) certify accuracy of copies of documents and extracts from them;
      6) certify the genuineness of signatures in documents;
      7) certify accuracy of translation of documents from one language to another;
      8) certify the fact that a citizen is alive;
      9) certify the fact that a citizen is in a particular place;
      10) certify time of presentation of documents;
      11) transfer declarations of individuals and legal entities to other individuals and legal entities;
      12) receive money on deposit;
      13) (excluded - No 42 dated 29 March 2000)
      14) accept documents and security papers for storage;
      15) execute marine protests;
      16) provide evidence.
      2. Other notarial activities carried out by notaries shall be provided by Kazakh legislative acts.
      Footnote. Article 36, as amended by Laws of the Republic of Kazakhstan dated 13 November 1998, No 302; 29 March 2000, No 42; and 5 May 2003, No 408.

Article 37. Attestation by civil servants of wills and powers of attorney equated to notarially certified documents

      The following shall be equated to notarially certified documents:
      1) wills of citizens undergoing treatment in hospitals, health resorts and other medical and preventive institutions, and resident in centres for elderly and disabled people, certified by the head and duty doctors of the said hospitals, health resorts and other medical and preventive institutions, and by directors and head doctors centres for elderly and disabled people;
      2) wills and powers of attorney of military and other persons undergoing treatment in hospitals, health resorts and other medical and preventive institutions, certified by the heads and assistant heads of medical unit, and by head and duty doctors of the said hospitals, health resorts and other medical and preventive institutions;
      3) wills and powers of attorney of military personnel in home stations of military installations, units, departments and educational institutions, where no notaries and civil servants are authorized to carry out notarial activities, as well as wills and powers of attorney of workers and servants, members of their families and family members of military personnel, certified by the command officers (heads) of the installations, units, departments and facilities in question;
      4) wills and powers of persons in the places of detention, certified by the heads of those places of detention;
      5) wills of citizens on ocean-going or inland-waterway ships, sailing under the flag of the Republic of Kazakhstan, certified by the captains of these ships;
      6) wills of citizens on exploratory and other expeditions, certified by the commanders of those expeditions;
      7) powers of attorney of capable citizens, of age, in social welfare institutions, certified by the director of the institution or of the relevant body for social protection of population.
      Wills, provided for by this Article shall be signed by the testator in the presence of a witness, who shall also sign the will.
      Footnote. Article 37 as amended by Law of the Republic of Kazakhstan dated 5 May 2003, No 408.

Article 38. Transfer of will certified by civil servants to notary

      1. Civil servants listed in Article 37 of this Law must within ten calendar days of certification of will, and immediately if this is not possible for good reason, transfer one copy of the certified will to the notary for safe custody at the permanent location of the notary for the testator’s district.
      2. If the testator is not permanently resident in the Republic of Kazakhstan or his/her place of residence is unknown, the will shall be transferred to a notary appointed by the Ministry of Justice of the Republic of Kazakhstan.
      3. The notary must check the wills delivered for safe storage, and if non-compliance with the law is established, inform the testator and civil servant who certified the will, for proper formulation.
      4. The civil servant shall be liable in accordance with Kazakh legislation for losses and damaged caused to the heir(s) through late transfer of the certified will.
      Footnote. Article 38 as amended by Constitutional Law of the Republic of Kazakhstan dated 03.07.2013, No 121-V (enforced upon expiry of ten calendar days after first official publication).

Chapter 7. BASIC RULES FOR CARRYING OUT NOTARIAL ACTIVITIES

Article 39. Procedure for carrying out notarial activities

      The procedure for carrying out notarial activities shall be established by this Law, other legislative acts and rules for carrying out of notarial activities by notaries, certified by the Ministry of Justice of the Republic of Kazakhstan.
      Footnote. Article 39 as amended by Law of the Republic of Kazakhstan dated 26.12.2011, No 516-IV (enforced upon expiry of 10 calendar days after first official publication).

Article 40. Timing of performance of notarial activities

      Notarial activities shall be performed on the date of presentation of all necessary documents and payment of state duty upon carrying out of notarial activities by state notary or persons authorized by this Law to carry out notarial activities, or payment for notarial activities of private notary.

Article 41. Grounds and terms for postponement and suspension of notarial activities

      1. Notarial action may be postponed on the following grounds:
      1) Need to obtain additional information from individuals and legal entities;
      2) sending documents for expert examination;
      2. The length of postponement of notarial action may not exceed one month from date of pronouncement of regulation concerning postponement of notarial action.
      3. Notarial action shall be postponed for no more than ten calendar days at the request of the interested party disputing a right or fact for certification of which another interested person shall be called on. If during this term the message of receipt of application is not received from the court, notarial action shall be postponed.
      4. In case of receipt from the court of a message of receipt of application of interested person disputing a right or fact for certification of which another interested person is called on, performance of notarial action shall be suspended until the court resolves the matter.
      Footnote. Article 41 as amended by Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No 121-V (enforced upon expiry of ten calendar days after first official publication).

Article 42. Identification of applicant for notarial action

      1. The notary or civil servant shall identify the citizen applying for notarial action, his/her representative or the representative of the legal entity when notarial action is carried out.
      2. Identification shall be based on the identity document or passport of the citizen, applying for notarial action.

Article 43. Clarification of capacity of individuals and legal capacity of entity involved in transactions

      Capacity of citizens shall be clarified legal capacity of entities shall be examined during certification of transactions. In case of settlement of transaction their powers shall be checked by the representatives.

Article 44. Procedure for signature of notarial documents

      1. Content of notarially certified documents may be read aloud if the participants wish.
      2. Transactions and applications certified by notary shall be signed by the participants before a notary.
      3. If the citizen cannot personally sign due to physical disability, illness or any other reasons, then at his/her request and in his/her presence, and before the notary, another citizen may sign a transaction, application or other document with specification of reasons why the document cannot be signed personally by the citizen applying for notarial action.

Article 45. Requirements applicable to texts of certified transactions and certified documents

      1. Texts of notarially certified transactions must be written or printed clearly and well defined with regard to the content of the transaction; dates and terms shall be specified in words at least once, and names of legal entities shall be unabridged with specification of location. Surnames, forenames and patronymics of citizens, and the addresses of their places of residences, shall be written in full.
      2. Texts of transactions or certified documents with erasures, notices, deleted words or other unspecified corrections, and documents written in pencil, may not be certified.
      3. Sheets in document containing more than one sheet shall be bound, tied and sealed.

Article 46. Limitation of rights to carry out notarial activities

      1. Notaries and akim civil servants cities of regional significance, rural settlements, villages and rural districts shall may not carry out notarial activities in their own name or on their own behalf, or in the name and on behalf of their spouse or their relatives (parents, children, brothers, sisters, grandchildren, grandfather, grandmother).
      2. In these cases, notarial activities shall be carried out by any other notary.
      3. Notarial activities carried out in breach of the rules established by this Article shall be invalid.
      Footnote. Article 46 as amended by Law of the Republic of Kazakhstan dated 20 December 2004, No 13 (enforced from 1 January, 2005)

Article 47. Production of certificate of acknowledgments, issue of certificates and pronouncement of regulations

      1. Certificates of acknowledgment shall be produced upon issue of duplicates of notarially certified documents and certification of accuracy of copies of documents and extracts from them, accuracy of translation of documents from one language to another, upon certification of time of presentation of documents on relevant documents.
      2. Relevant certificates shall be issued for acceptance of inheritance, right of property, certification of facts of a citizen being alive and in a particular place, transfer of applications from individuals and legal entities to other individuals and legal entities, and acceptance of documents for safe storage.
      3. Relevant regulations shall be pronounced when an inheritance trust manager is appointed.
      Footnote. Article 47 as amended by Law of the Republic of Kazakhstan dated 5 May 2003, No 408.

Article 48. Refusal to carry out notarial action

      1. Notarial action shall be refused if:
      1) such action is contrary to laws;
      2) the action should be carried out by another notary;
      3) the citizen or representative is incapable and does not have the necessary powers to apply for notarial action;
      4) the transaction performed on behalf of a legal entity is inconsistent with the goals specified in its charter or provision;
      5) the transaction does not comply with requirements of legislation;
      6) the documents presented for notarial action, do not comply with requirements of legislation.
      2. A well-grounded written explanation specifying reasons for rejection shall be issued by the notary upon refusal of persons applying for notarial action within ten calendar days from the date of application for notarial action.
      3. Refusal to carry out notarial action or incorrect performance of notarial action may be appealed against by judicial procedure.
      Footnote. Article 48 as amended by Laws of the Republic of Kazakhstan dated 05.05.2003 No 408; and by Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No 121-V (enforced upon expiry of ten calendar days after first official publication).

Article 49. Registration of notarial activities

      All notarial activities performed by the notary or civil servants mentioned in Articles 34-36 of this Law, shall be entered in registers ( and in the electronic register of the unified notarial information system).
      Footnote. Article 49 is in the wording of Law of the Republic of Kazakhstan dated 15.07.2010 No 337-IV (for method of enforcement, see Article 2).

Article 50. Form of registers of notarial activities ( and of electronic register of unified notarial information system), notarial certificates, certificates of acknowledgment

      Footnote. Title amended by Law of the Republic of Kazakhstan dated 15.07.2010 No 337-IV ( for method of enforcement see Article 2).

      The form of registers of notarial activities ( and of the electronic register of the unified notarial information system), notarial certificates and regulations, certificates of acknowledgments of transactions and certificated documents shall be established by the Ministry of Justice of the Republic of Kazakhstan.
      Footnote. Article 50 as amended by Laws of the Republic of Kazakhstan dated 05.05.2003 No 408; and 15.07.2010 No 337-IV (for method of enforcement, see Article 2).

Article 51. Issue of duplicate of notarially certified document

      1. In the event of loss of a document a copy of which is stored in the notarial office or by the notary, citizens and representatives of legal entities for whom the notarial activities were carried out, shall be issued with a duplicate of the lost document.
      2. Duplicate documents shall be issued in accordance with requirements of Article 3 of this Law.

Chapter 8. CERTIFICATE OF TRANSACTIONS

Article 52. Notarially certified transactions

      The notary shall certify transactions for which notarial certification is required by legislation. The notary may certify other transactions if the parties so wish.

Article 53. Explanation to parties of meaning and significance of draft transaction

      Notaries and civil servants carrying out notarial activities must clarify the meaning and significance of the draft transaction presented and shall check that the content reflects the parties’ actual intent and is not inconsistent with the requirements of legislation.

Article 54. Certification of property alienation and pledge documents subject to registration

      1. Property alienation and pledge documents subject to registration may be certified upon presentation of documents confirming right of ownership to alienated or mortgaged property.
      2. Property alienation and pledge certificates subject to registration shall be produced at the location of this property.
      3. The notary shall establish a legal document for the land plot, whereon the alienable real estate properties are located, once the property alienation certificates are completed.
      The notary shall claim the documents of title to the plot and determine the powers of the landowner (land user) on assignment of its rights when the property alienation certificates are completed.
      Land plot title documents shall not be reclaimed when housing units and non-living premises located in condominium are alienated.
      Footnote. Article 54 as amended by Laws of the Republic of Kazakhstan dated 05.05.2003 No 408; and 26.12.2011 No 516-IV (enforced upon expiry of 10 calendar days after first official publication).

Article 55. (Article 55 excluded by Law of the Republic of Kazakhstan dated 5 May 2003, No 408)

Article 56. Certification of wills

      1. The notary and other civil servants carrying out notarial activities shall certificate the wills of capable citizens composed in accordance with the requirements of Kazakh legislation and personally presented to the notary by them. Wills may not be certificated through representatives.
      2. Presentation of evidences confirming right to property bequeathed shall not be required upon certification of wills from testators.

Article 57. Procedure for change and revocation of wills

      When an application for revocation of will, or a new will revoking or changing a previously composed will is received, the notary and other civil servants carrying out the notarial activities shall make a note on a copy of the will kept by the notary and in the register of notarial activities (and in the electronic register of the unified notarial information system). Application for revocation or change of will shall be notarially certified.
      Footnote. Article 57 as amended by Laws of the Republic of Kazakhstan dated 15.07.2010 No 337-IV (for method of enforcement see Article 2); and 26.12.2011 No 516-IV (enforced upon expiry of 10 calendar days after first official publication).

Article 58. Certification of powers of attorney

      1. Notaries and civil servants carrying out notarial activities shall certificate powers of attorney on behalf of one or more persons in the name of one or more persons.
      2. Powers of attorney issued according to the sub-delegation procedure, shall be subject to notarial certification on presentation of the basic power in which sub-delegation of right is specified. The power issued according to the sub-delegation procedure shall not contain more rights than the basic power presents. Duration of powers of attorney issued according to the sub-delegation procedure shall not exceed the duration of the power under authority of which it issued.

Article 59. Number of copies of documents setting out context of transaction

      The number of copies of documents setting out the context of the transaction certified in the notarial procedure shall be determined by the persons applying for notarial action but shall not be less than two, one of these copies being in the notary’s notarial office.

Chapter 9. Issue of certificate of right to inheritance

      Footnote. The title of chapter 9 is in the wording of Law of the Republic of Kazakhstan dated 5 May, 2003 No 408.

Article 60. Notification of heirs and legatees on opening of inheritance

      1. Notaries receiving an advice of opening of inheritance shall be obliged to notify the heirs whose place of residence or work they know accordingly.
      Notaries shall be obliged to notify the opening of inheritance by will to legatees whose place of residence or work they knows, when the will contains a legate.
      2. If the place of residence or work of heirs or legatees is unknown, the notary shall advise the opening of inheritance through mass media.
      Footnote. Article 60 is in the wording of Law of the Republic of Kazakhstan dated 27.04.2012 No 15-V (enforced upon expiry of ten calendar days after first official publication).

Article 61. Acceptance of applications for renunciation of inheritance or issue of certificate of right to inheritance

      The notary shall accept applications for renunciation of inheritance or issue of certificate of right to it in writing, according to place of opening of inheritance, in accordance with Kazakh legislation.
      Footnote. Article 61 is in the wording of Law of the Republic of Kazakhstan dated 5 May 2003, No 408.

Article 62. (Articles 62-68 are excluded by Law of the Republic of Kazakhstan dated 5 May 2003, No 408)

Article 69. Places and terms of issue of certificate of right of inheritance

      1. The notary shall issue a certificate of right to inheritance at the place of opening of inheritance, following written application from the heirs.
      2. Certificates of right to inheritance shall be issued within the periods provided by the Civil Code of the Republic of Kazakhstan.

Article 70. Procedure of issue of certificate of right of inheritance

      1. Certificates of right of inheritance shall be issued to heirs accepting the inheritance, in accordance with Kazakh civil legislation regulations.
      2. (Excluded)
      3. Certificates of right of inheritance shall be issued together or to each heir individually, depending on their wish.
      4. When a certificate of right to inheritance of is issued to guardianship and trusteeship authorities in the name of a ward of court or minor or disabled heir at the place of residence of heir for the protection of his/her property interest, the notary shall advise accordingly.
      5. Certificates of right of inheritance shall be issued to the authorized state body when property is transferred by right of inheritance to the state.
      6. Work concerning accounting, storage, valuation, further use and realization of property made state property by right of inheritance, shall be organised by the authorized state body.
      The work procedure for accounting, storage, valuation, further use and realization of property made state property by right of inheritance shall be determined by the government of the Republic of Kazakhstan.
      Footnote. Article 70 as amended by Law of the Republic of Kazakhstan dated 24 December 2001, No 276; 5 May 2003, No 408; and 22 June 2006, No 147.

Article 71. Conditions of issue of certificate of right to inheritance under law

      1. The notary shall verify the death of testator, the time and place of opening of inheritance, the existence of relations constituting the basis for allocating the inheritance to persons applying for issue of certificate of right of inheritance under the Law, and the composition and location of inheritance property upon issue of certificate of right of inheritance under law, by demanding relevant items of evidence.
      2. If one or more heirs are denied the opportunity to introduce evidence of relations as a basis for bringing inheritance, they may be included in the certificate of right of inheritance by agreement of all other heirs accepting the inheritance and introducing such evidence.

Article 72. Conditions of issue of certificate of right to inheritance under will

      1. The notary shall verify the death of testator, the testacy, the time and place of opening of inheritance, and the composition and location of inheritance property, upon issue of certificate of right of inheritance under the will by demanding relevant evidence.
      2. The notary shall also clarify the scope of persons, having a hereditary right to portion of inheritance.
      3. The notary shall invite legatees and explain the content of the will and their right to obtain a proper share from the heirs) when a legate is present.
      Footnote. Article 72 as amended by Law of the Republic of Kazakhstan dated 27.04.2012 No 15-V (enforced upon expiry of ten calendar days after first official publication).

Chapter 10. ISSUE OF CERTIFICATES OF RIGHT TO SHARE IN JOINT PROPERTY, ATTACHMENT AND REMOVAL OF PROHIBITION OF ALIENATION OF PROPERTY

Article 73. Issue of certificate of right of inheritance of share in joint property

      1. The notary shall issue a certificate of right to inheritance to the person(s) with jointly owned property and wishing the certificate of right to inheritance on such share following the joint written application of persons, having a property or right of joint property.
      2. The certificate of right of inheritance to share in joint property shall be issued according to location of this property.

Article 74. Issue of certificate of right to inheritance of a share in common property on application of surviving spouse

      1. Certificates of right to inheritance of a share in common property shall be issued by the notary at the location of opening of inheritance following the written application of surviving spouse, with notification of heirs accepting the inheritance.
      2. Certificates of right to inheritance of a share in common property may be issued for half of common property acquired during marriage by the surviving spouse, unless the marriage contract established otherwise.
      3. Certificates of right to inheritance to the deceased spouse’s share in their common property may be issued to the heirs of the deceased spouse following their application.

Article 75. Attachment and removal of prohibition of alienation of property

      1. The notary shall attach prohibition of property to notifications from banking institutions or legal entity regarding issue of loan for the construction, capital repair or purchase of a house or apartment or for purchase of other movable and immovable property, and when a pledge contract is produced.
      2. A notary shall send prohibition of alienation of property in writing to the movable and immovable property registration authorities.
      3. On receipt of notification from banking institutions or legal entities for repayment of loan or termination of pledge contract, the notary shall remove the prohibition of alienation and inform the movable and immovable property authorities in writing.

Chapter 11. CERTIFICATION OF ACCURACY OF COPIES OF DOCUMENTS AND EXTRACTS FROM THEM, AUTHENTICITY OF SIGNATURE AND ACCURACY OF TRANSLATION

Article 76. Certification of accuracy of copies of documents and extracts from them

      1. Notaries or civil servants authorized to carry out notarial activities shall certificate the accuracy of copies of documents and extracts from them issued by legal entities and citizens provided that these documents and their content shall not contradict legislation and have legal significance.
      2. Accuracy of extracts may be certified only if the document from which the extract is made contains the resolution of several separate, unlinked issues. An extract shall reproduce the comprehensive text of the part of document concerned.

Article 77. Certification of accuracy of copy of document issued by citizen

      Accuracy of copies of documents issued by citizens shall be certified by the notary in cases where the accuracy of a citizen’s signature is certified on a document by the notary or civil servant authorized by this Law to carry out notarial activities.

Article 78. Certification of accuracy of copy from copy of document

      Accuracy of copies from copy of document shall be certified by the notary provided the accuracy of the copy is notarially certified or the copy document is issued by the legal entity that issued the original document. In the latter case the copy document shall be made on this legal entity’s headed paper and sealed and mention that the legal entity holds the original document.

Article 79. Certification of authenticity of signature on document

      1. Notaries shall certify authenticity of signature on documents provided that their content does not contradict legislative acts and the exposition of transaction is not certified.
      2. Notaries certifying authenticity of signature shall not certificate the facts shown in the documents, and instead only confirm that the signature is made by the particular person.
     Footnote. Article 79 as amended by Law of the Republic of Kazakhstan dated 5 May 2003, No 408.

Article 80. Certification of accuracy of translation

      1. A notary shall certify accuracy of translation from one language to another if the notary speaks the relevant language.
      2. If a notary does not speak the relevant language, a translation may be made by a translator, and then certified as authentic by the notary.

Chapter 12. CERTIFICATION OF FACTS

Article 81. Certification of fact that a citizen is alive

      1. A notary shall certify the fact that a citizen is alive.
      2. The fact that a minor is alive shall be certified at the request of his/her legal representatives (parents, adoptive parents, guardians, trustees) and by institutions and organizations in whose protection the minor is held. A certificate shall be issued to the interested persons in confirmation of that fact.

Article 82. Certification of facts that citizen is in a particular place

      1. A notary shall certify the fact that a citizen is in a particular place at that citizen’s request.
      2. The fact that a minor is in a particular place shall be certified at the request of his/her legal representatives (parents, adoptive parents, guardians, trustees) and by institutions and organizations in whose protection the minor is held. A certificate shall be issued to the interested persons in confirmation of that fact.

Article 83. Certification of time of presentation of documents

      A notary shall certify the time of presentation of document to him/her. Acknowledgment on this shall be shown on the documents with specification of surname, forename and patronymic the person presenting it.

Chapter 13. TRANSFER OF DECLARATIONS BY INDIVIDUALS AND LEGAL ENTITIES. ACCEPTANCE OF MONEY ON DEPOSIT

      Footnote. Wording of title changed Law of the Republic of Kazakhstan dated 13 November 1998, No 302.

Article 84. Transfer of declarations

      1. Transfer of declarations of individuals and legal entities to other individuals and legal entities shall be personally carried out by the notary on receipt or by post with return notification. Declarations may also be transferred by fax machine, computer network or other technical facilities.
      2. The expenses linked with use of technical facilities for transfer of declarations shall be paid by the person at whose request the notarial action is carried out.
      3. At the request of person filing the declaration, a certificate of transfer of declaration shall be issued to him/her.

Article 85. Acceptance of money on deposit

      1. A notary shall receive money on deposit from a debtor for transfer to a creditor in cases provided for by legislation.
      2. A notary shall notify a creditor of receipt of money and at his/(her/its request issue the money to him/her/it.
      3. Money shall be accepted on deposit by the notary at the place of fulfilment of obligations.
      Footnote. Article 85 as amended by Law of the Republic of Kazakhstan dated 13 November 1998, No 302.

Article 86. Repayment of money to person placing it on deposit

      Repayments to persons placing money on deposit shall be allowed only with the written consent of the person or by court decision.
      Footnote. Article 86 as amended by Law of the Republic of Kazakhstan dated 13 November 1998, No 302.

Chapter 14. EXECUTION OF PROTEST OF BILL

      Footnote. Title as amended, Articles 87-91 excluded by Law of the Republic of Kazakhstan dated 29 March 2000, No 42.

Article 92. Protest of a bill

      Protest of a bill in non-payment, non-acceptance and failure to date shall be performed by the notary in accordance with Kazakh legislative acts concerning exchange and promissory bills.

Chapter 15. ACCEPTANCE OF DOCUMENTS AND SECURITY PAPERS FOR STORAGE

      Footnote. Title of chapter substituted by Law of the Republic of Kazakhstan dated 13 November 1998, No 302.

Article 93. Acceptance of documents and security papers for storage

      1. A notary shall accept documents and security papers listed in an inventory for storage. One copy of the inventory shall be remained by the notary, another copy shall be issued to the person surrendering the documents and security papers for storage.
      2. A notary may accept documents and security papers without inventory if they are properly packed (packing shall be under the seal of the notary, signed by him/her and the person surrendering the documents and security papers). In these cases a notary shall be responsible for safety of packing.
      3. A certificate shall be issued to the person surrendering the documents and security papers.
      Footnote. Article 93 as amended by Law of the Republic of Kazakhstan dated 13 November 1998, No 302.

Article 94. Return of documents and security papers accepted for storage

      Documents and security papers accepted for storage shall be returned to the person surrendering them for storage or legally to an authorized body on presentation of certificate and its inventory or by a court decision.
      Footnote. Article 94 as amended by Law of the Republic of Kazakhstan dated 13 November 1998, No 302.

Chapter 16. EXECUTION OF MARINE PROTESTS

Article 95. Declaration of marine protest

      1. A notary shall accept a declaration by a ship’s captain of an event occurring while the ship is sailing or in dock, if this is a basis for specifying the ship owner’s property requirements in order to provide evidence for protection of the ship holder’s rights and legal interests.
      2. A notice of marine protest shall contain a description of circumstances of occurrence and the measures adopted by the captain for protecting the property entrusted to him/her.
      3. A ship’s captain shall be obliged to present a ship’s journal and certified extract from the ship’s journal confirming the circumstances listed in the notice of marine protest, in accordance with merchant shipping legislation, together with a notice or not later than seven calendar days from the date of port call or from the date of the event if it occurred in a port.
      Footnote. Article 95 as amended by Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No 121-V (enforced upon expiry of ten calendar days after first official publication).

Article 96. Deadline for declaring marine protest

      1. A notice of marine protest shall, in accordance with merchant shipping legislation, be filed within twenty-four hours of the ship's arrival in port.
      If the event triggering the need for the notice of marine protest occurred in the port, the protest shall be made within twenty-four hours of occurrence.
      2. If notice of protest cannot be issued within the established period, the reason for this shall be specified in the notice of marine protest.

Article 97. Compilation of marine protest act

      A notary shall compile a marine protest act and certify it with his/her own signature and seal on the basis of the captain’s declaration and materials from the ship’s journal, at the request of the captain and where possible, not less than two witnesses from the list of crew.

Chapter 17. PROVISION OF EVIDENCE

Article 98. Provision of evidence necessary in a case arising in a court or other component body

      1. A notary shall provide the evidence necessary in a case arising in a court or other component body at the request of the interested persons, if there are grounds for considering that presentation of the evidence will be impossible or difficult in the future.
      2. A notary shall not provide evidence in a case that at the time when the interested persons apply to the notary is already in the court or other competent body.

Article 99. Activity of notary in provision of evidence

      1. A notary shall question citizens, inspect documents and other items,, and if necessary commission an expert examination, in order to provide evidence.
      2. A notary shall governed by the relevant regulations of Kazakh civil procedure legislation when carrying out procedural actions to provide evidence.
      3. A notary shall notify the time and place for provision of evidences from the party and interested persons, but their failure to appear shall not constitute a stay of execution of action to provide evidence.
      4. Evidence shall only be provided without notification of one of the parties and interested persons only in emergency cases, or when it cannot be determined who shall participate in the case in future.
      5. In case of failure by a witness or commissioned expert to appear, a notary shall inform the court for the place of residence of the witness or expert for adoption of measures provided for by Kazakh legislative acts.
      6. A notary shall warn citizens and specialists on penalties for false evidence or conclusion and for failing or deliberately omitting to give evidence or conclusion.

Chapter 18. APPLICATION OF NORMS OF LAW OF OTHER STATES BY NOTARY. INTERNATIONAL TREATIES.

Article 100. Application of norms of law of other states by notary

      1. A notary shall apply the norms of law of other states in accordance with Kazakh legislation.
      2. A notary shall accept documents drawn up in accordance with the requirements of the international treaties of the Republic of Kazakhstan, and produce certificates of acknowledgments in the form established by the legislation of other states, unless otherwise provided by international treaties ratified by the Republic of Kazakhstan.

Article 101. Protection of inherited property and issue of certificate of right to inheritance

      Actions linked with protection of property in Kazakh territory and left after the death of a foreign citizen or property coming to a foreign citizen after the death of a Kazakh citizen, and assignment of trustee of inheritance and issue of right of inheritance in relation to such property, shall be carried out in accordance with Kazakh legislation.
      Footnote. Article 101 as amended by Law of the Republic of Kazakhstan dated 5 May 2003, No 408.

Article 102. Acceptance of notarial documents drawn up abroad

      1. Documents drawn up abroad with participation by civil servants of competent bodies in other states or issued by those bodies, shall be accepted by the notary subject to their legalization by the Ministry of Foreign Affairs of the Republic of Kazakhstan.
      2. Documents not legalized shall be accepted only in cases provided for by the legislation and international treaties of the Republic of Kazakhstan.

Article 103. Provision of evidence necessary for conducting cases in the authorities of other states

      A notary shall provide the evidence necessary for conducting cases in the authorities of other states.

Article 104. International treaty

      1. If an international treaty ratified by the Republic of Kazakhstan established rules on notarial activities different from those provided by Kazakh legislative acts for carrying out notarial activities, the rules of the international treaty shall be applied when carrying out notarial activities.
      2. If an international treaty ratified by the Republic of Kazakhstan includes within the competence of a notary the carrying out of notarial activities not provided by Kazakh legislation, a notary shall carry out the notarial activities according to the procedure established by the Ministry of Justice of the Republic of Kazakhstan.

Article 105. Ensuring fulfilment of this Law

      1. (Excluded).
      2. (Excluded).
      3. Current regulatory legal acts regulating organization and activities of notaries prior to 1 January 1998 shall be brought into conformity with this Law and during this term shall be applied in the parts that do not contradict it.
      4. Excluded by Law of the Republic of Kazakhstan dated 26.12.2011 No 516-IV (enforced upon expiry of 10 calendar days after first official publication).
      Footnote. Article 105 as amended by Laws of the Republic of Kazakhstan dated 05.05.2003 No 408; and 26.12.2011 No 516-IV (enforced upon expiry of 10 calendar days after first official publication).

      The President
      of the Republic of Kazakhstan