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Law No. 36 Of 12 May 1995 (Republished) Public Notaries And Notary Activity

Original Language Title:  LEGE nr. 36 din 12 mai 1995 (*republicată*) notarilor publici şi a activităţii notariale

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LEGE no. 36 36 of 12 May 1995 (* republished *) public notaries and notary activity no. 36/1995 36/1995 *)
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 444 444 of 18 June 2014



______________ Note * *) Republicated pursuant to art. 107 107 para. ((3) of Law no. 255/2013 for the implementation of Law no. 135/2010 on the Code of Criminal Procedure and for the modification and completion of some normative acts that include criminal procedural provisions, published in the Official Gazette of Romania, Part I, no. 515 515 of 14 August 2013, as amended, giving the texts a new numbering. Law of public notaries and notarial activity no. 36/1995 was republished in the Official Gazette of Romania, Part I, no. 72 72 of 4 February 2013, and subsequently amended by Law no. 54/2013 for approval Government Emergency Ordinance no. 120/2011 on the extension of some deadlines and for the modification and completion of some normative acts, published in the Official Gazette of Romania, Part I, no. 145 145 of 19 March 2013. + Chapter I General provisions + Article 1 The notary activity provides natural and legal persons with the finding of non-legitimate civil or commercial legal relations, as well as the exercise of rights and the protection of interests, in accordance with the law. + Article 2 The notary activity is carried out by public notaries through notary acts and notarial legal consultations, under the conditions of this law. + Article 3 (1) The public notary is invested to perform a service of public interest and has the status of an autonomous function. (2) On the territory of Romania the function of public notary shall be organized and exercised only under the conditions of this law, within the National Union of Public Notaries of Romania, hereinafter referred to as the Union, and of the Chambers of Public Notaries, referred to as Next rooms. (3) The function of notary public shall be exercised only by the public notaries members of the Union, organized within the Chambers. (4) In the exercise of the profession and in connection with it, the public notary is protected by law. (5) The establishment and operation of forms of organization of the profession of notary public, other than the Union and Chambers, are prohibited. The acts of constitution and registration of any other forms of organization are void of law. + Article 4 (1) The public notary exercises its function in a notary office. The forms of exercising the function of notary public are: a) individual office; b) professional society. (2) In the individual office, a public notary, employees with higher education and auxiliary staff, shall perform his function. (3) The professional society shall be made up of 2 or more public notaries. In the professional society, associated public notaries can hire staff with higher education and auxiliary staff. (4) Public Notaries associated in a professional society shall exercise their function personally and respond individually to their work. (5) The public notary cannot exercise its function, at the same time, in several forms of its exercise. + Article 5 (1) The forms of exercising the profession of notary public shall be individualized by name, as follows: a) in the case of the individual office-the name of the titular notary, followed by the phrase "notarial individual office" or the name of the office; b) in the case of professional society-the names of the associated public notaries or the name of the professional society, in both cases followed by the phrase "notary professional society" (2) The names provided in par. (1) will appear on the external insignia of individual offices or professional societies, under the conditions established by the status of the profession. (3) By the association contract, public notaries may agree that the name of the professional company should remain unchanged, in the event of death or exit from the association of one of the associates. + Article 6 (1) The public notary is free to opt and change at any time the option for one of the forms of exercise of the function provided by law. (2) In compliance with the provisions of the present law and the status of the profession, one form of exercising the function of notary public may turn into another without going into liquidation. + Article 7 The act fulfilled by the notary public, bearing the seal and its signature, is of public authority and has the probative force and, as the case may be, the enforceable force provided by law. + Article 8 The notary acts may also be carried out by the diplomatic missions and consular offices of Romania, as well as by other institutions, under the conditions and limits provided by law. + Article 9 (1) Public Notaries and institutions provided for in art. 8 who carry out notarial activity have the obligation to verify, in order to prevent disputes, that the acts they handle do not include clauses contrary to the law and good morals, to ask and give clarification to the parties on the content these acts to convince themselves that they understood their meaning and accepted their effects. (2) If the requested act is contrary to the law and good morals, the notary public shall refuse its preparation. + Article 10 Notarial activity is performed equally for all persons, without distinction of race, nationality, ethnic origin, language, religion, sex, opinion, political affiliation, wealth or social origin. + Article 11 (1) The public notary operates at the headquarters of the notarial office in which it operates. In order to fulfill the professional obligations, the public notary can also travel outside the headquarters of the notarial office, within the limits of the territorial constituency of the court in which it operates. (2) If in the constituency of a judge operates several offices of public notaries, the territorial competence of each notary public extends throughout that constituency. The territorial competence of the public notaries appointed in Bucharest extends throughout the constituency of the Bucharest Tribunal. + Chapter II Competence of public notations + Article 12 The notary public shall perform the following notary acts and procedures: a) drafting of documents with legal content, at the request of the parties; b) authentication of documents; c) notarial succession procedure; d) certification of some facts, in the cases provided by law; e) legalization of signatures on documents, signature specimens, as well as seals; f) the date of application of the documents; g) the receipt in storage of the goods, the documents and documents submitted by the parties, as well as the amounts of money, other goods, documents or documents found on the occasion of the inventory of the estate, within the limits of the space and utilities available to it notarial office; h) acts of protest of cambies, promissory notes and cheques; i) legalization of children on documents; j) making and legalizing translations; k) the release of duplicates from the documents it has drawn up; l) fiduciary activities, under the law; m) the appointment, in the cases provided by law, of the custodian or of the special curator; n) recording and keeping, under the law, the fingerprints of special marking devices; o) certification of the procedural steps of the auctions and/or their results; p) divorce procedure, under the law; q) liquidation of the estate, with the consent of all the heirs; r) any other operations provided by law. + Article 13 Public notaries may also give other legal consultations in the notary matter than those concerning the content of the acts they perform and may participate, as specialists designated by the parties, in the preparation and preparation of legal acts with Notarial character. + Article 14 The public notary may carry out, under the law, agent activities of the Electronic Archive of Real Securities and other activities than those provided by this law, given in its competence. + Article 15 In the performance of their duties, the notary shall have the general competence, with the exceptions provided for in the following situations: a) the notary succession procedure is the competence of the notary public in the notarial office located in the territorial district of the court in which the deceased had his last domicile; b) in the case of successive legacies, heirs can choose the competence of any of the public notaries who operate in an individual office or in a professional society in the territorial constituency of the court in which they had the last home among the authors who died the latter; c) the acts of protest of the cambies, of the tickets to the order and of the cheques shall be made by the notary public in the territorial constituency of the court in which the payment is to be made; d) the issuance of duplicates from the notary acts, the correction of the material errors or the completion of the manifest omissions is made by the notary public in whose archive the original of the notary acts is located; e) the divorce procedure is the competence of the public notary with the office's office in the district of the court in whose territorial area is the place of the conclusion of the marriage or the last common dwelling of the spouses; f) the procedure for issuing the conclusion on the outcome of the checks carried out in the Register for the succession proceedings of the Chambers and in the notary national registers of the Union shall be fulfilled by the competent public notary, the law, to carry out the succession procedure; g) any other situations provided by law. + Article 16 (1) The conflicts of competence between the public notaries in the constituency of the same court of appeal shall be settled by the Governing College of the Chamber, upon referral to the public notary or interested party. ((2) The conflicts of jurisdiction between the public notaries in the constituency of different courts of appeal shall be settled by the Executive Office of the Council of the Union. (3) The decision of the Governing College of the Chamber or, as the case may be, of the Executive Office of the Council of the Union may be challenged, within 15 days of the communication, at the court in whose constituency the public notary Trace notice The judgment of the court is final. + Article 17 The secretaries of the local councils of communes and cities where offices of public notaries do not operate meet, at the request of the parties, the legalization of children on the documents, except for documents under private signature. + Article 18 (1) The notarial activity of the diplomatic missions and consular offices of Romania is carried out on the basis of Romanian law and international agreements to which Romania is a party, as well as according to international usages. (2) At the request of natural persons having Romanian citizenship, as well as of Romanian legal persons, the diplomatic missions and consular offices of Romania meet the following notary acts: a) the drafting of documents, at the request of the parties, in order to fulfill one of the notary procedures provided by law in the competence of diplomatic missions and consular offices; b) authentication of documents, except for legal acts between vineyards with a constitutive or translative effect of property and acts on the choice, modification and liquidation of the matrimonial property regime; c) legalization of seals and signatures; d) the date of submission of the documents submitted by the parties; e) certification of facts; f) legalization of children on the documents; g) making and legalizing translations; h) the receipt of documents and documents submitted by the parties in storage; i) the release of duplicates from the notary papers drawn up by the diplomatic missions or consular offices. (3) Diplomatic missions and consular offices may not perform the procedure of dissolution of marriage and the succession procedure. (4) Notary activities referred to in par. (2), which produce legal effects in Romania, may be fulfilled by the diplomatic missions and consular offices of Romania and at the request of foreign natural or legal persons, in so far as the laws and regulations of the state of residence or Bilateral agreements are not opposed. (5) Notary acts are fulfilled at the premises of diplomatic missions or consular offices, as well as on board ships and aircraft under the Romanian flag that are stationed within the range of these organs, as well as at the home the Romanian citizen or in another place, if this is provided in the international conventions to which Romania and the state of residence are parties or the local law does not oppose. + Chapter III Organisation of public notaries + Section 1 Organization, operation and record of notarial individual office and notary professional society + Article 19 (1) The activity of the public notaries is carried out within a notarial office, in which one or more public notaries associated in the simple or common game may operate, as the case may be, according to the opinion of the Chamber's Director superior and auxiliary staff. (2) By association, the notary public shall not lose the right to an individual notary office. (3) The association and termination of the association of public notaries who have the office of the office in the constituency of the same judges shall be provided by decision of the College director of the Chamber in whose territorial area the district court is located the public notaries. The association and termination of the association of public notaries who do not have the office of the office in the constituency of the same judges shall be ordered The conditions and procedure regarding the association, namely the termination of the association of public notaries, are established by the regulation implementing this law. (4) The association, respectively the termination of the association, shall take effect from the date of its registration in the National Register of Public Notaries, hereinafter referred to as RNENP, held by the Union. The registration certificate shall be communicated immediately to the Ministry of Justice. + Article 20 (1) The public notary can change the headquarters of the notarial office in a locality in another locality, through a competition organized by the Romanian Notarial Institute, at national level, on the posts intended for changes of premises. (2) The contest of changes of premises provided in par. ((1) consists of a written test. The minimum promotion grade is 8,00. (3) The occupation of the posts by the candidates admitted shall be made according to the option expressed in the application for registration, in the order of the averages obtained and within the limits of the posts provided for in the update order referred to in art. 21 21 para. ((3) lit. d). (4) By exception to the provisions of par. (1), the change of the headquarters of the notarial office in a locality in another locality can be achieved by ceasing the quality of the titular public notary and taking over his post, upon request, by the associated public notary. (5) If more than 2 associate public notaries operate in the professional society, which are not named in that locality, the place vacated under the conditions of par. ((4) deals with the public notary nominated by the association contract by the titular public notary, among the associated notaries. If one of the associated notaries is not nominated, the vacated place is handled by competition organized under the conditions of this law. (6) When establishing the posts for the changes of premises, the Director Colleges of the Chambers shall take into account both the criteria laid down in art. 21 21 para. (4), and the places that have become vacant as a result of the cessation of the quality of public notaries. (7) The public notary may temporarily change its headquarters, by association, from a locality to another locality, in compliance with the provisions of art. 19 19 para. ((1)-(3). ((8) The composition of the commissions for the organisation and conduct of the change of premises shall be determined by the Council of the Union. (9) The change of the office of the office shall be ordered by the Minister (10) Temporary change of the notarial office headquarters provided in par. (7) shall be ordered by order of the Minister of Justice or, as the case may be, by decision of the College's Director ((11) The procedure for the organisation and conduct of the establishment change contest shall be established by Regulation, approved by the Council of the Union + Section 2 Updating the number of public notations + Article 21 (1) When updating the number of public notaries it will be considered that in the constituency of a judge to exercise his office at least 2 public notaries. (2) The number of public notary posts is updated, as a rule annually, by the Minister of Justice. The update is on the proposal of the Council (3) The Minister of Justice will proceed, in the first quarter of each year, on the basis of the proposals of the Council of the Union, to the issuance of the update orders, distinctly, for each category of posts updating, as follows: a) the posts for judges of the High Court of Cassation and Justice; b) posts for trainee notaries who will pass the final examination; c) posts for persons who are at least 6 years old in legal specialist positions and who will promote the competition for the acquisition of the quality of notary public; d) posts intended for changes of offices of notary offices. ((. When formulating the update proposal, the Council of the Union shall take into account: a) proposals of the Chambers; b) number of public notaries in office c) the number of trainee notaries to take the final examination; d) the requests of the judges of the High Court of Cassation and Justice to be appointed notary public with exam exemption; e) the requirements resulting from the extent of the territory, f) the volume and type of notary procedures requested by the public; g) annual average of fees collected by notary offices, by localities. (5) When formulating the update proposals, the Chambers will consider the criteria provided in par. ((4) lit. b)-g). + Section 3 Acquiring the quality of notary public + Article 22 Notary public may be the one who meets the following conditions: a) is a Romanian citizen, citizen of a Member State of the European Union, citizen of a state belonging to the European Economic Area or citizen of the Swiss Confederation and has his domicile or residence in Romania; b) has full exercise capacity; c) is licensed in law; d) has no criminal history resulting from the commission of a crime of service or in connection with the service or the intentional commission of another crime; e) enjoy a good reputation, found under the conditions established by the statute; f) knows the Romanian language; g) is medically and psychologically fit for the exercise of the function; h) held for 2 years the status of a trainee notary, graduated from the Romanian Notarial Institute and passed the completed examination or exercised for at least 6 years a legal specialty function and promoted the admission competition as notary public. + Article 23 (1) In order to become a trainee notary, a person must cumulatively meet the conditions provided in art. 22 lit. a)-g) and to pass the exam or the competition for the acquisition of the quality of the trainee notary, organized by the College Director of the Chamber in which he entered for the exam or competition. (. The Chambers ' directories shall organise annually and simultaneously, on a working day, on a date fixed by the President of the Union, the examination or the contest for the acquisition of the quality of the trainee notary. (3) The exam or admission contest as a trainee notary consists of a written test, with a theoretical character, and an oral test, from the topic approved by the Council of the Union. The minimum promotion average is 8,00, but no less than the 7,00 mark at each sample. The candidates declared admitted will fill the seats within the posts approved by the House Director College. + Article 24 (1) After passing the examination or contest provided for in art. 23, the trainee notary follows for 2 years the theoretical and practical training courses organized by the Romanian Notarial Institute. (2) During the period of the internship, the trainee notary shall bear the training expenses established by the Romanian Notarial Institute. Non-attendance of courses or non-payment of training expenses attracts an end to the quality of trainee notary The structure of the preparation and the conditions of application of the sanction provided for in this paragraph and the procedure of the internship shall be determined by the Regulation approved by the (3) The theoretical training takes place by attending the courses organized by the Romanian Notarial Institute. The practical training is carried out within a notarial office, designated by the Director College of the Chamber in which the trainee notary took the exam or the competition for the acquisition of the quality of the trainee notary, with the agreement of the coordinating public notary. (4) The activity of a trainee notary can be guided only by public notaries at least 6 years old in this capacity and who enjoy a good professional reputation. (5) After completing the 2 years of internship, the trainee notary must participate and pass the completed examination organized by the Romanian Notarial Institute, hereinafter referred to as INR. (6) The final examination consists of two written tests, namely one with a theoretical character and one with a practical character, from the competition theme. The minimum promotion average is 8,00, but no less than the 7,00 mark at each sample. (7) After the completion of the 2 years of internship, the trainee notary has the right to appear at no more than two sessions of the final examination. (8) The rejection or, as the case may be, the unjustified lack of the trainee notary in two consecutive finalization exams shall entail the termination of the quality of the trainee notary. (9) The examination board for the final examination shall consist of the following members: a member of the Council of the Union, who is also the chairman of the commission, a representative of the Ministry of Justice, a member of the teaching staff of the specialized superior and 2 public notaries with professional prestige, designated under the conditions of the regulation of organization and conduct of the contest. (10) Depending on the number of candidates, the Council of the Union, on the proposal of the INR, may decide to supplement the number of examination committees with the composition of the one provided in ((9), except the President, who is unique. ((11) Provisions of para. ((9) and (10) shall also apply accordingly to the establishment of the Board of Appeal. (12) The results of the final examination shall be validated by the Council of the Union at the proposal of the President of the examination committee. (13) The examination or, as the case may be, the contest for the acquisition of the quality of the trainee notary shall be held in Romanian and organized by the Director Colleges of the Chambers, according to the conditions and procedure provided by the Regulation approved by the Council Union. (14) The completed examination and the competition for the acquisition of the quality of notary public are held in Bucharest, and the exam or, as the case may be, the competition for the acquisition of the quality of the trainee notary takes place in the locality where it has its main office every room. (15) The Regulation for the organization and conduct of the final examination and the contest for the acquisition of the quality of public notary is approved by order of the Minister of Justice, at the proposal of the Council of + Article 25 Within 15 days of the validation of the results, the candidates who passed the completed exam express their options for filling public notary places, in order of the environments obtained on the seats within the Chamber in which they claimed the exam or the contest for the acquisition of the quality of the trainee notary and within the limits of the places contained in the update order provided in 21 21 para. ((3) lit. b). + Article 26 After expressing the options for filling the seats and communicating them to the Ministry of Justice by the Council of the Union, the declared candidates are appointed public notaries by order of the Minister of Justice, within 30 days of communication. + Article 27 (1) May acquire the status of public notary and the person who cumulatively meets the conditions provided in art. 22 lit. a)-g), is at least 6 years old in a legal specialty position and promotes the admission contest as a public notary organized by INR. (2) Persons who wish to acquire the status of notary public, under the conditions of par. (1), must register at the Chamber in the constituency to which they wish to carry out their activity, for the occupation of a post proposed by that Chamber and contained in the update order issued by the Minister of Justice. ((3) The INR organises the national admission contest for the persons entered from all the Chambers, at a single date fixed by the President of the Union, under the conditions laid down by the rules of organization and functioning of the contest (4) The examination commission and the Commission for the resolution of appeals for the admission contest shall be constituted according to the provisions of 24 24 para. ((9)-(11). (5) The admission contest consists of two written tests, namely one with a theoretical character and one with a practical character, from the competition theme. The minimum promotion average is 8,00, provided that at each event in the competition they obtain at least a 7.00 grade. (. The President of the contest shall submit the results of the admission contest for validation to the Council + Article 28 The admission contest as a public notary for persons who are at least 6 years old in a legal specialty position shall be organized by the INR, at the request of the Council of the Union, whenever necessary, but at least once years. + Article 29 Within 15 days from the date of validation of the results, candidates who promoted the admission contest express their options for filling public notary places, in order of the environments obtained on the seats within the Chamber in which they entered the competition and within the limits of the places contained in the update order provided for in 21 21 para. ((3) lit. c). + Article 30 After expressing the options for filling the seats and communicating them to the Ministry of Justice by the Council of the Union, the declared candidates are appointed public notaries by order of the Minister of Justice, within 30 days of communication. + Article 31 After the appointment by order of the Minister of Justice, the public notaries who obtained this quality under the conditions of 27 have the obligation to take courses on practical training for the conduct of the notary profession, as well as for the organization of the activity of a notarial office, courses organized by the INR for a period established by the Council of the Union, with payment related charges. + Article 32 (1) I may acquire, upon request, without an examination, the quality of notary public and the judges of the High Court of Cassation and Justice, pursuant to the provisions art. 102 102 para. ((2) of Law no. 303/2004 on the status of judges and prosecutors, republished, with subsequent amendments and completions. The application for appointment shall be addressed to the Minister of Justice, no later than one year after the expiry of his term of office, for reasons not attributable to him. (2) In order to be considered at the issuance of the update order, the applications for appointment shall be submitted by March 31 of each year, at the Ministry of Justice. The applicant will specify in the appointment request the Chamber in whose constituency he wishes to exercise. Applications submitted after that date will be settled the following year. Under the sanction of rejecting the application for appointment, the applicant will submit with the request the evidence showing that he meets the conditions of art. 22 lit. a)-g), as well as a self-declaration, concluded in authentic form, showing that he did not return to the position of magistrate previously held or on another position of judge or prosecutor and did not opt for entry into law. (3) The Ministry of Justice will transmit to the Council of the Union, within 30 days from the expiry of the deadline provided ((2), the requests of judges meeting the conditions set out above. + Article 33 (1) Depending on the requests communicated by the Ministry of Justice, the Council of the Union will ask the Chambers for which the judges have expressed their option to propose a number of seats corresponding to the options formulated When formulating the proposals, the Chambers will consider the criteria provided by this law to update the number of posts. (2) On the basis of the proposals received from the Chambers, the Council of the Union shall make the proposals for posts intended to be filled by the judges of the High Court of Cassation and Justice, which it shall submit to the approval of (3) After issuing the order updating the posts intended to be occupied by the judges of the High Court of Cassation and Justice, the Minister of Justice will issue the appointment orders as a public notary of applicants who meet the above conditions. (4) If there are several applicants for the same post, they will be split according to the criteria set out in the Implementing Regulation of this Law. + Article 34 After the appointment by order of the Minister of Justice, the public notaries who obtained this quality under the conditions of 32 have the obligation to attend training courses for the conduct of the notary profession, as well as for the organization of the activity of a notarial office, courses organized by the INR for a period established by the Council of the Union, with the payment of taxes Related. + Section 4 Appointment as notary public + Article 35 (1) The public notary shall be appointed by the Minister of Justice, at the proposal of the Council of the Union, on the basis of the request of the interested party and after proving 22. (2) In the order of appointment, the district of the court and the locality in which the notary public is appointed shall be mentioned. + Article 36 After reaching the age of 75, the public notary can exercise his office only if he presents annually a medical certificate on the fulfilment of the condition provided in art. 22 lit. g). + Article 37 Exercising without right the function of public notary constitutes a crime and is sanctioned according to the criminal law. + Article 38 (1) After the issuance of the appointment order under the conditions of art. 35, the notary public will be sworn in. ((2) The oath will be deposited, in a solemn setting, by the notary public before the Minister of Justice and the President of the Union or their representatives. (3) The oath has the following content: " I swear to respect the Constitution and the laws of the country, to fulfill with honor and public credibility, with conscience and without bias my duties and to keep professional secrecy. So help me God! " (4) The reference to divinity in the formula of the oath changes according to the religious faith of the notary public. (5) The Notary Public Notary shall be sworn in without the religious formula, on conscience and honor. + Article 39 (1) The public notary who, after appointment, will carry out his activity in a notary individual office is obliged, within 3 months from the issuance of the appointment order, to register the office of the individual office in RNENP. For the record, the public notary will present the appointment order, the association order or, as the case may be, the decision of the Board of Directors of the Chamber, the seal and the signature specimen, the proof of the swearing-in, as well as the operating license. (2) The public notary which after the appointment will operate in a professional company is obliged to obtain its operating licence and to register in its RNENP both the appointment order and the association order or, as the case may be, the decision of the Governing College of the Chamber, within 3 months from the issuance of the appointment order, respectively of association. For the registration of the office of the individual notarial office, the public notary will present the appointment order, the seal and the signature specimen, the proof of the swearing-in, as well as the operating license. (3) The operating licence shall consist in attesting the fulfilment of the formalities for the commencement and pursuit of the activity, provided by (4) The registration certificate in RNENP gives the public notary the right to actually carry out the activity. (5) Registration of a request for suspension before the expiry of the term provided in par. (1) or (2), followed by the issuance of the order of the Minister of Justice to suspend the quality of notary public, interrupt the flow of (6) For duly justified cases, confirmed by the Director College of the Chamber, the deadlines provided in par. (1) and (2) may be extended by order of the Minister of Justice, for a period not exceeding 3 months. (7) Failure to fulfill the obligation provided in par. ((1) and (2) on registration in RNENP attract the suspension of the right of notary public quality, starting with the expiry date of the registration deadline. (8) The public notary which is registered in RNENP, and in its manner of operation and exercise of activity has intervened an amendment has the obligation that, within 3 months from the issuance of the order of the Minister of Justice for the change of office in the constituency of another the judges, for the termination of the suspension of the quality, respectively from the issuance of the order of the Minister of Justice or, as the case may be, of the decision of the College Director of the Association Chamber or in RNENP, as appropriate, of the change in the conduct of the activity. (9) Registration in the RNENP of a request for suspension before the expiry of the term provided in par. (1), followed by the issuance of the order of the Minister of Justice of suspension from the position of notary public, (10) For duly justified cases, the term provided in par. (8) may be extended, by order of the Minister of Justice, for a period not exceeding 3 months. (11) Failure to fulfill the obligation provided in par. (8) on the registration in RNENP draws the suspension of the public notary from the exercise of office. (12) The Chamber in whose territorial area is the district court of which was appointed and, where applicable, the Chamber in which the public notary was operating on the date of termination or suspension of the quality are required to register the amendment intervenes in the conduct of the activity of the notary public in RNENP, within two months from the issuance of the order of the Minister of Justice to cease or suspend the quality of notary public. (13) In the situations provided in par. ((1) and (2), the notary public begins its activity only after registration in RNENP. The withdrawal of the operating licence shall entail the suspension of the public notary until a new licence is granted. (14) In the situations provided in par. ((8), the notary public begins its activity only after registration in RNENP. The withdrawal of the operating licence shall entail the suspension of the public notary until a new licence is granted. (15) The procedure of registration in RNENP, as well as the procedure of granting or, as the case may be, the withdrawal of the operating licence, shall be established by the + Section 5-a Termination and suspension as notary public + Article 40 (1) The quality of notary public shall cease: a) by giving up the quality of notary public; b) in case of finding incapacity to work, under the law; c) in case of non-exercise of the function, without justification, an uninterrupted period of at least 6 months; d) by excluding from the profession, ordered as disciplinary sanction, under the conditions of this law; e) in the case of professional incapacitated manifest, established following the control exercised under the conditions of this law; f) when by final court decision was ordered the conviction or postponement of the application of the sentence for the commission of a crime of service or in connection with the service or for the commission with intent of another crime; g) if the public notary no longer meets the conditions provided for in art. 22 lit. a)-g); h) in case of finding, under the conditions provided in art. 41 41 para. ((3), of an irreversible mental illness; i) by death. (2) In the case provided in par. ((1) lit. f), the court shall immediately communicate to the specialized department of the Ministry of Justice and the Union the certified copy of the final judgment of conviction. (3) The public notary can be kept in activity if, for a crime committed at fault, it was ordered to postpone the application of the sentence, the suspension of the execution of the sentence, the punishment of the fine was imposed or it benefited from amnesty or pardon before the start of the execution of the sentence and it is assessed that the act committed did not prejudice the prestige of the profession. ((4) The cessation of the function of notary public shall be found or ordered, as the case may be, by the Minister of Justice, at the proposal of the Executive Office of the Council of the Union, at the request of the (5) At the end of the quality of notary public, the Chamber has the obligation to immediately raise the seals, registers and archive. The registers and the archive will be taken over, in the following order, by: a) the associated public notary; b) another notary public in the constituency of the same judges or, in absentia, from the constituency of the same Chamber, if the public notary whose function ceased to operate in an individual notarial office; c) The Chamber, if the archive cannot be taken over by a notary public. ((6) If the Chamber is prevented from exercising the powers provided for in par. ((1)-(5), it may request the support of public order bodies. + Article 41 (1) The public notary is suspended from office: a) in case of incompatibility; b) during the prohibition to exercise his office, ordered under the law or as a disciplinary measure; c) in case of failure to submit the monthly statistical situation at the time limit set by the decision of the Council of the Union for two consecutive months d) for the full non-payment, within two months from the maturity, of the professional money obligations, until the submission of the statistical statements and/or the payment of the debit and the penalties related to it; e) in case of temporary incapacity for work; f) in case of parental leave, under the law; g) if the measure of preventive arrest or house arrest has been taken against the public notary, until the end of the measure; h) at the request made in writing; i) when suffering from a mental illness, which prevents him from exercising his function properly, under the conditions laid down by the regulation; j) in the case provided in art. 39 39 para. ((7). (2) In the case provided in par. ((1) lit. g), the court immediately communicates to the specialized department of the Ministry of Justice and the Union the certified copy of the final court decision ordering the measure of preventive arrest of the public notary. (3) After the expiry of the period referred to in ((1) lit. i), the Chamber, on the basis of a new expertise, may decide to terminate the suspension and reinstate the notary, to extend it or, if the disease is irreversible, propose the termination of office, according to the law. (4) Upon suspension from the exercise of office, the public notary shall be required to hand over to the Chamber the seals, registers and, as the case may be, the archive, in order to keep for the period of suspension. (5) The suspension ceases if the circumstances that led it have disappeared. (6) In the case of suspension as a notary, the term of suspension begins to run from the date of conclusion of the minutes of taking over the seals and closing the registers. + Article 42 The suspension and termination of the suspension shall be made by order of the Minister of Justice, at the proposal of the Executive Office of the Council of the Union, at the request of + Article 43 For justified reasons, the Chamber will designate, under the conditions provided for by the law enforcement regulation, a notary public for the performance of the duties of the absent public notary or, as the case may be, of the public notary in the to art. 88. + Article 44 (1) The records of the public notaries, the works on appointment, the changes in the activity, the cessation of the quality of notary public, as well as those regarding the organization and functioning of the profession are carried out, in the plan territorial, by the Chambers, and at national level, by the Union and the specialized department of the Ministry of Justice. (2) The Union has the obligation to communicate, immediately, to the Ministry of Justice the certificates of registration of appointment as notary public, as well as of the headquarters of the individual or associate notarial office, the decisions of the association and termination of the association of public notaries who have the office of the office in the constituency of the same judges, as well as, on request, any other acts on the organization and functioning of the offices ((3) The orders of the Minister of Justice regarding the appointment as notary public, the changes in the conduct of the activity, and the termination of the quality of notary public shall be communicated to the Union, which is required to take the necessary measures to be communicated immediately to the Chamber, which shall return to it the obligation of communication, under proof, to the public notary. + Article 45 Until 31 March of each year, the Council of the Union has the obligation to draw up the annual picture of public notaries and to publish it in the Official Gazette of Romania, Part I. the data provided by the Chambers, shall be communicated to the Ministry of Justice and shall be posted on the Union website. + Section 6 The Chamber of Public Notaries + Article 46 (1) In the constituency of each appellate court operates one Chamber, with legal personality. (. The seat of each Chamber shall be set out in the Annex which forms an integral part of this Law. At the level of each county in the House constituency it operates at least one secondary headquarters of it. The room has its own stamp, which includes at least the name of the Chamber and the coat of arms of Romania, and in the case of secondary offices the name of the county where the secondary (3) The Chamber includes all public notaries operating in its constituency. (4) The governing bodies of the Chamber are: a) General Assembly of the Chamber; b) the director's college; c) President of the Board of Directors. (5) The College of Directors is made up of a President, who is also the Speaker of the House, a Vice President, who is also the Vice President of the House, The College Director of the Chamber shall be elected by the General Assembly of the Chamber, under the conditions laid down by the Statutes of the Union, for a term of 4 years, of the public notaries (6) The election to the leadership positions of the Chamber shall be made only by secret ballot, under the conditions provided by the statute. (7) The President and members of the Board of Directors of the Chamber shall receive indemnity whose amount is determined by the General Assembly of the Chamber (8) During the period during which the Union is authorized as the operator of the Electronic Archive of Real Securities Guarantees, the Chambers acquire the status of agent of the Electronic Archive of Real Securities. In order to exercise this quality, the Chambers can submit an application in this regard to the Ministry of Justice, in order to obtain the agreement to operate in the archive. + Article 47 (1) In addition to the Chambers can be constituted and can operate arbitral courts. (2) The Court of Arbitration is a permanent institution of arbitration, non-governmental, without legal personality, independence in the exercise of its duties, which operates in addition to the Chamber of Public Notaries and which operates in the law. (3) The Rules of Organization and Functioning of the Court of Arbitration and its governing bodies shall be approved by the Chambers on the basis of the framework regulation approved by the Council of the Union. (4) The activity of the courts of arbitration by the Chambers is carried out according to the provisions of the Code of Civil Procedure, republished, with subsequent amendments and completions, to the Rules of Organization and Functioning and to the Rules of Arbitration established by the Chambers on the basis of the framework regulation approved by the Union Council. (5) The rules on arbitral fees and arbitral fees shall be approved by the Governing College of the Chamber. (6) The arbitral fees will be used for the purpose of supporting expenses related to dispute resolution, payment of secretarial expenses, arbitral fees and their documentation, as well as any expense necessary to the functioning of the Court of arbitration. (7) The Court of Arbitration may only settle disputes arising from notarial acts and procedures. ((8) Provisions of para. (1)-(7) shall be completed with the provisions regarding the institutionalized arbitration of the Code of Civil Procedure, republished, with subsequent amendments and completions. + Article 48 The President of the College Director of the Chamber shall have a) represents the Chamber in relations with third parties; b) settle complaints against trainee notaries by taking appropriate measures; c) designate, on request or ex officio, in exceptional cases, a notary public to ensure the operation of another office of notary public; d) employ the specialized and auxiliary staff, in the number and in the structure established by the College Director College; e) coordinates and leads the compartments provided in the organizational structure of the Chamber; f) convenes and heads the meetings of the Chamber and the General Assembly of the Chamber; g) orders the budget expenditures of the Chamber; h) approves, at the request of the parties, the transfer of the i) performs any other duties provided by law, regulation, status and normative acts of an internal nature. + Article 49 (1) The Governing College of the Chamber has the following tasks a) organize the examination for the acquisition of the quality of trainee notary b) establish the notary offices in which the practical training of the trainee notaries will be carried out; c) seeks the theoretical and practical training of trainee notaries; d) replace, on request or ex officio, the notarial office where the practical training is carried out e) proposes to the General Assembly of the Chamber updating the number of public notaries and the number of posts intended for changes of premises; f) approves the number of posts intended to acquire the status of a trainee notary; g) establish legal documentation and ensure the current consultation and information of public notaries; h) keep records of the income and expenses of the Chamber and of the contribution i) establishes the commission for the inventory and liquidation of notary offices, in case of suspension or termination; j) may provide material support and assistance to public notaries, in justified cases; k) designate a member of the Board of Directors of the Chamber or another public notary within the Chamber to carry out the mentions of revocation, cancellation, rectification of notary acts in the archive of the Chamber; l) approve, at the proposal of the President, the organizational chart and the state of functions of the specialized and administrative staff of the Chamber; m) organizes, at the request of the notary public, the sale of the goods at auction in order to liquidate by the notary of the estate, under the conditions established by the regulation approved by the Council of the Union; n) performs any other duties provided by law, regulation, statute and normative acts of an internal nature. (2) In the performance of his duties, the Board of Directors shall issue enforceable decisions + Article 50 The General Assembly of the Chamber has the following a) elect and revoke the College of Directors of the Chamber and the Audit Committee, under the conditions established by statute; b) elect and revoke the representative or representatives of the Chamber, as the case may be, and their alternate in the Council of the Union, under the conditions established by the statute, in compliance with the norm of representation provided for by c) elect and revoke the representative of the Chamber in the Discipline Council, under the conditions established by d) choose and propose the member to the Board of Directors of the Insurance House; e) annually approve the activity report and discharge of the President and the principal College of the Chamber; f) approves the budget of revenue and expenditure of the Chamber and budget implementation; g) approves the development strategy and the investment policy of the Chamber; h) determine the allowances of the members i) approve the internal regulations of the Chamber j) elect the members of the management committees of the elections to the Chambers and the Union, under the conditions of their own regulations; k) elect the representatives of the Chamber according to the norm of representation at l) grant and withdraw, on the proposal of the Chamber's Director College, the honorary title of honorary president to the public notaries who have held the status of President of the Chamber's Director College; m) approves the updating of the number of public notaries and the number of posts for the changes of premises, which it shall submit to the Council of n) performs any other duties provided by law, regulation, status and normative acts of an internal nature. + Article 51 The mandate of the elected bodies at the level of the Chambers begins on January 1 of the calendar year following the one in which the elections were held. + Section 7 National Union of Public Notaries + Article 52 (1) The public Notaries in Romania are constituted at national level in the National Union of Public Notaries, the only professional organization established by law, with legal personality, of public interest, with its own patrimony and budget. (2) The Union is based in Bucharest and has its own stamp, which includes at least the name of the Union and the Romanian coat of arms (. In order to achieve the objectives of its fields of activity, the Union has the following functions a) strategy, by submitting proposals to the elaboration by the Ministry of Justice of strategies in the field of notarial; b) to regulate the activity, through specific tertiary regulations, through which it ensures, in accordance with the adopted strategy, the implementation of the legislation in the notarial field and the realization of the specific subsidiary legal framework; c) national and international representation of public notaries; d) guidance, support and control of public notaries, in the correct application of the legal provisions in the notarial domain; e) administration of its own patrimony. (4) In the exercise of its functions, the Union may cooperate with public authorities and institutions, with other legal persons governed by public or private law, Romanian or foreign, in order to achieve objectives of common interest, his field of activity. (5) The status approved by the Union Congress is its constituent act. ((6) The amendment and completion of the Union Statute between the congresses shall be made by the Council of the Union after consultation of the General Assembly of Chambers. (7) The governing bodies of the Union are: a) Congress; b) Council of the Union c) Executive Office of the Council d) President of the Union (8) In the governing bodies of the Union may be elected public notaries in office, with an actual age in the profession of at least 8 years at the time of election. (9) Members of the Chamber's Governing College may not be members of the Union Council. I am the exception of the President of the Chamber, who 55, shall be part of the law of the Council of the Union, and the deputy chairman of the Chamber or another member designated for that purpose, only if he represents the President. ((10) The mandate of the elected bodies of the Union shall begin on 1 January of the calendar year following that in which the elections were held. + Article 53 (1) The Congress shall be composed of representatives of the public notaries, elected by the General Assembly of each Chamber, according to the norm of a representative to 10 public notaries in office, plus the members of the Council of the Union, as well as Roomies of the Chambers. (2) In the event that they are not elected as representatives of the House to Congress, the members of the Disciplinary Board, the Audit Committee and the Board of Directors of the Public Notaries Insurance House participate without the right to vote on the works Congress. (3) The Congress meets in ordinary and extraordinary sessions. (4) The Congress shall meet in ordinary session, as a rule, annually and in extraordinary session, at the request of the Council of the Union or Chambers, if it represents at least one third of the number of public notaries. (5) Convocation of the Congress shall be made by the Executive Office of the Council of the Union at least 60 days before the date fixed, by the written notice of the Chambers and by the publication in a central newspaper of the date, place and order of the day. The directories of the Chambers are obliged to communicate the date, the venue of the Congress and the agenda of it to all public notaries in office in the Chamber. (6) The chambers are obliged to communicate to the Union the nominal list of delegates to the Congress, as a rule, at least 15 days before the Congress. (7) The Congress is legally constituted in the presence of two thirds of the number of its delegates and adopts decisions with the simple majority of the delegates present. (8) Delegates to Congress have the freedom to cast their votes taking into account the strategy and interests of the profession. (9) The Congress of Public Notaries shall, as the case may be, have a) adopt, by decision, the completion or amendment of the Statute of the Union and the Statute of the Insurance House of Notaries Public, except for the amendments adopted between the congresses by the Council of the Union, under the conditions of art. 52 52 para. ((6); b) adopt the Code of Ethics of Public Notaries, the additions and amendments that are brought to it under the conditions established by the Statute; c) validates, by decision, the choice of the representatives of the Chambers and their alternates in the Council of the Union, under the conditions established by the d) validates, by decision, the election, between the members of the Council of the Union, the President and the Vice-Presidents, under the e) validates, by decision, the choice of members of the Council of Discipline, under the conditions established by f) debate professional issues of general interest and adopt, by simple majority, resolutions on the issues debated; g) approve the report of the Council of the Union and the Commission of censors, budget implementation and discharge; h) performs any other tasks given in its competence by law, regulation or status. (10) Decisions and resolutions of an internal, administrative-organizational nature are mandatory for public notaries. ((11) The Congress may delegate some of its tasks to the Council of the Union, under the conditions laid down by (12) The procedure for the convocation, organization and conduct of Congress shall be established by statute + Article 54 (. The Union shall constitute and operate: a) Romanian Notarial Institute; b) Insurance House of Public Notaries; c) Pension House of Public Notaries; d) National Center for the Administration of National Notary Registries; e) the Audit Committee; f) The discipline board; g) Control body; h) Editorial Board of the Public Notaries; i) the specialist committees of the Union Council; j) the specialized and administrative apparatus; k) The national register of public notaries, in which the public notaries are registered and the forms in which they exercise their profession. (. Other bodies may be established at Union level according to the law, the status of the profession or the normative acts of an internal nature. + Article 55 (. The Council of the Union shall be composed of representatives of each Chamber, elected according to the following representation: a) a representative, for the Chambers with up to 200 public notaries in office; b) 2 representatives, for the Chambers that have between 201 and 400 public notaries in office; c) 3 representatives, for the Chambers that have over 400 public notaries in office. (2) With the election of the representatives, the Chambers shall also choose their alternates. The alternates shall supersede the representatives of the Chambers in the Council of the Union whenever they cannot exercise their mandate. ((. The procedure for the election of the representatives of the Chambers and alternate members of the Chambers of the Union and the number of alternates shall be determined by statute (4) The Presidents of the Chambers shall be entitled from the Council of the Union with the right to vote. (. The members of the Council of the Union shall elect the President and 3 vice-presidents, under the conditions laid down by After the election of the President and the 3 Vice-Presidents, their alternates shall become members of the Union Council. The functions of the President, the First Vice-President and the Vice-President shall be incompatible with the functions of the President of the Chamber or the representative ((6) Of the 3 Vice-Presidents, the Council of the Union shall elect a first vice-president under the conditions laid down by (7) The term of office of the members of the Council of the Union, the President, the First Vice-President and the Vice-Presidents is 4 years ((8) The representatives of the Chambers in the Council of the Union, as well as the President, the First Vice-President and the Vice-Presidents of the Council shall enjoy the indemnity and other rights (9) The Council of the Union shall, as a rule, be convened on a quarterly basis in ordinary meetings or, whenever necessary, in extraordinary meetings by the President. The Council of the Union shall be legally constituted in the presence of two thirds of its members and shall adopt decisions by a simple majority vote of the members In the event of a tie, the vote of the President is decisive in the adoption of + Article 56 (. The Union Council shall, principally, have the following tasks: a) proposes to the Minister of Justice the updating of the number of posts of notary public, notary trainee and the posts intended for the contest of changes b) proposes to the Minister of Justice the approval of the regulation on the conditions of conduct of exams for the acquisition of the quality of notary c) proposes to the Minister of Justice the minimum fees for the notarial acts and procedures fulfilled in the exercise of office by the public notaries, given the following criteria: 1. the time and workload requested for the performance of the act or procedure; 2. nature, novelty and difficulty of the act or procedure; 3. obtaining additional data and information or working with experts or other specialists imposed by nature, object, complexity and difficulty of the act; 4. the time constraints in which the notary is obliged by the circumstances of the act or procedure to act to ensure performance legal services; 5. the deadlines for archiving the notarial acts and procedures; 6. the location of the act or procedure 7. liability of the notary public, by reference to the value of the act or procedure; d) determine the contribution rates of the offices of the public notaries to the Chamber, as well as those of the Chambers to the Union, e) represent the Union, through the President of the Council of the Union, in relations with third parties, internally and internationally; f) adopt the amendments or additions to the Statute of the Public Notaries Insurance House and the Pension House of the Public Notaries; g) approve amendments and additions to the Statute of the Union between congresses, after consulting the General Assembly of Chambers; h) resolves appeals against decisions of the Council of Discipline; i) adopt, amend and supplement the Rules of the Council j) adopt, modify and supplement the Rules of Organization and Functioning of the INR; k) organizes, at national level, programs aimed at aligning notary practices with international requirements; l) adopt professional usages according to the Civil Code, republished, as amended; m) approves the revenue and expenditure budget, budget execution and annual discharge of the President; n) establish, by decision, the allowances of the representatives of the Chambers in the Council of the Union, the President, the First Vice-President and the Vice-Presidents of the Council of the Union, as well as members of the Audit Committee, The Board of Directors of the Public Notaries Insurance House, the INR's governing bodies and the allowances of members of other bodies constituted at Union level; o) give orders, medals and titles, under the conditions established by statute; p) approves sponsorships and mecenates; q) grants aid to public notaries, within the limits of the amounts approved for this purpose by the revenue and expenditure budget r) performs other duties provided by the legislation in force, the status of the profession or the normative acts of an internal nature. (. The Council of the Union may delegate some of its powers to the Executive Office under the conditions laid down in the Statute. + Article 57 (1) The Executive Office shall be the executive body of the Council of the Union, with permanent and liaison work with the Chambers, and shall consist of 9 members: the President, the First Vice-President, the Vice-Presidents and 5 members, elected by the Council of the Union Sai. (. The President of the Union is also the President of the Council of the Union and of the Executive (. The Executive Office of the Council of the Union shall meet monthly at the regular meeting and, whenever necessary, in extraordinary meetings at the convocation of the President. (. In the performance of its tasks, the Executive Office of the Council of the Union shall issue the (. The Executive Office of the Council of the Union shall operate legally in the presence of the majority of its members and shall adopt decisions by a simple majority (. The Executive Office of the Union Council shall have the following main tasks a) ensure the permanent activity of the Council of b) proposes to the Minister of Justice the appointment of the public notary, the change of the headquarters of the notarial office, the association and termination of the association, the suspension and termination of the suspension public; c) prepare draft documents to be submitted for debate and approval to the Council of the Union; d) develop the draft annual report of the Union e) develop the annual draft budget of the Union, ensure the current management of the patrimony, follow up the financial-accounting balance sheet and budget implementation f) ensure the implementation of the budget and pursue the resources g) organise the Union's own services and approve the organisation chart and the State of functions of the Union's specialist and administrative staff; h) approve the organisation chart, the State of functions and coordinate the work of all entities established within the Union i) approve the draft annual budget, budget implementation and discharge of entities established within the Union; j) grant, suspend and withdraw the notary offices, upon request or ex officio, license of operation; k) analyse the report of the Council of the Union's discipline and propose the necessary measures; l) analyse the synthesis of the administrative professional control drawn up by the Union control body and propose the necessary measures; m) resolve conflicts of competence between public notaries in different rooms; n) coordinate the activity of creation and operation of the system and networks of computerization between the Union and the Chambers, as well as at the level of notary offices, according to their own programs and those carried out in cooperation with European notations; o) coordinates both the activity of the National Center for the Administration of Notary National Registers, hereinafter referred to as CNARNN, as well as notarial national registers on the record of notary acts and procedures and adopt normative acts necessary for their operation p) Resolves, at the request of the President of the Union, the referrals made against public notaries or against q) accept donations and legates made to the Union; r) ensure the fulfilment of the decisions of the Congress and of the Council of the Union and supervise the execution of these judgments by the Chambers and public notaries, adopting appropriate decisions; s) performs other duties provided by law, regulation, status and normative acts of an internal nature. + Article 58 (. The President, the First Vice-President and the Vice-Presidents of the Council of the Union shall be the President, the First Vice-President and the (. The President of the Union shall also be the President of the Council of the Union a) represent the Union internally in relations with public authorities in Romania, with governmental and non-governmental organizations, with professional ones, and externally, with national and international organizations of public notaries and wherever he is officially invited as President; b) order the budgetary expenditure of the Union; the President may delegate this task to the First Vice-President; c) convene and conduct meetings of the Congress, the Council of the Union and the Executive Office d) employ the Union's specialist and administrative staff, in compliance with the organisation and the state of functions, approved by the Executive Office of the Council of the Union; e) exercise, under the law, disciplinary action against public notaries; f) performs any other duties provided by law, regulation, statute and other normative acts. (3) In the absence, the President shall be replaced by the First Vice-President, and if the latter is absent, by one of the Vice-Presidents of Delegation to that effect (4) The First Vice-President and Vice-Presidents represent the Union within the limits of the President's mandate. + Article 59 (1) Within the Union operates the Insurance House of Public Notaries, with legal personality, under the conditions established by its statute, approved by the Council of the Union. (2) The insurance of civil liability of public notaries is mandatory and is carried out through the insurance house constituted for this purpose. (3) Public Notaries have the obligation to conclude the insurance contract before the start of the activity. (. The minimum limit of the insurance value and the level of the insurance premium shall be determined annually by the Council of the Union. + Article 60 (. Within the Union, the INR, an entity of public interest, with legal personality, shall be established and operated under the conditions laid down in its own statutes, approved by the Council of the Union. ((2) INR ensures the improvement of the notary activity, the initial professional training and, as the case may be, the continuous of the public notaries and trainee notaries, other specialists, the specialized staff of the notary offices, the Chambers and the Union, having the right to issue diplomas or certificates of graduation recognised by public and private institutions. (3) INR is based in Bucharest, has the stamp that includes its name and the coat of arms of Romania and its own logo. INR is established, organized and operated on the basis of this law, without the fulfilment of other formalities. (4) The Statute of the INR, the Regulation on its organization and functioning, as well as the modalities of initial vocational training or, as the case may be, the continuous of public notaries and trainee notaries, of the specialist staff of notary offices, of The Chambers and the Union shall be approved by decision of the Council of ((5) The INR organizes, at the request of the Council of the Union, the final examination, the admission contest as a public notary for persons who are at least 6 years old in a legal specialized position, under the law and of the the regulation of their organization and conduct, approved by the Minister of Justice, on the proposal of the Council ((6) The INR shall organise, at the request of the Council of the Union, the seat-change contest, under the law and of the rules of organisation and conduct of the contest, approved by the Council of + Article 61 (1) In order to administer the registers provided for in art. 162, within and under the authority of the Union, CNARNN shall be established and operated, as an entity with legal personality, under the conditions laid down by its own regulation, approved by the Executive Office of the Council of the Union. (2) CNARNN ensures the administration, organization and functioning of the national notary registers provided in art. 162, as well as other activities established by its own regulation. (3) CNARNN is based in Bucharest. CNARNN has its own seal, which includes its name and the coat of arms of Romania, and its own logo and is established, organized and operated, without fulfilling other formalities, based on the provisions of this law. (4) The costs of checks and registrations in the registers provided for in art. 162 will be borne by the interested parties and the charges for registration and verification in the registers will be determined by the Executive Office of the Council of the Union. (5) If the entries and checks in the registers provided for in art. 162 are required by public institutions, they will be carried out with tariff relief. (6) The rates for registration or verification in the registers will be able to collect by public notaries either on receipts made available by CNARNN or on tax receipts, through cash registers. (7) The Regulation on the organization and functioning of the CNARNN, as well as any other measures necessary for its organization and functioning shall be approved by decision of the Executive Office of the Council of the Union, which is published in the Official Gazette of Romania, + Article 62 ((1) For the purpose of establishing and granting private pensions, other than those of the public pension system, or, as the case may be, financial aid to public notaries, their offspring with private pension rights and other persons in the system notarial which adheres to this pension scheme, is established, under the authority of the Union, the Pension House of Notaries Public, hereinafter referred to as the Pension House, an autonomous institution of public interest, with legal personality, budget and organs of own management, under the conditions laid down by its Statute, approved by the Council . (2) The pension system provided for by this law is mandatory for public notaries members of the Union and complementary to the public pension system to which public notaries are obliged to contribute, under the law. (3) The way of organization and functioning, as well as the date from which the Pension House begins its activity shall be established by statute. The pension house is based in Bucharest, its own stamp and logo, which includes at least the Romanian coat of arms and the name, and is established, organized and operated without the fulfillment of other formalities. + Chapter IV Rights and duties of public Notaries + Section 1 Rights of public Notaries + Article 63 (1) The public Notaries shall exercise their function and enjoy stability in office, being unable to be moved to another locality without their consent. (2) In order to ensure professional secrecy, acts and works of a professional nature on the public notary or in his office are inviolable, they can be checked or lifted only under the law and in accordance with the provisions of the Criminal Procedure Code, with subsequent amendments and completions. (3) The professional contact between the notary public and his client cannot be prohibited or restricted. + Article 64 (1) If the customer is in custody or detention, the administration of the place of arrest or detention has the obligation to take, as a matter of priority, all necessary measures to allow the immediate contact of the public notary with the customer and respect for the rights provided by law (2) In criminal cases, the public notary can be heard as a witness only in the cases and conditions expressly provided by the Code of Criminal Procedure, with subsequent amendments and completions. + Article 65 (1) The public notary has the following rights: 1. to receive the fee for each act or the notary procedure fulfilled, under the law; 2. to choose and be elected to the governing bodies of the Union and the Chambers, under the conditions laid down in the statute; 3. to address the organs of the Union and the Chambers and to receive the information requested under the conditions established by the statute or the internal normative acts; 4. bear the insignia of the Union and the Chambers; 5. to benefit from rest leave, annually, under the conditions established by the statute; 6. to benefit from social security rights based on the contribution to the state social insurance system and/or to the private system, under the law; 7. have access to all data concerning the administrative organisation of notary activity, both at the level of the Chambers and of the Union; 8. to join the International Union of Notariate individually; 9. to participate, on request, at the meetings of the Chambers and Union bodies, when it has its own interest, in order to support it; 10. to receive financial support in case of interruption of office activity due to temporary incapacity for work; 11. to benefit, on request, from legal assistance from the Union, through specialist staff, in cases related to professional activity; 12. to participate in professional events organized in the country and abroad; 13. to benefit from any other rights provided by law and statute. (2) The public notary may make known his professional data both with regard to his person and with regard to the place where he exercises his office, under the conditions established by the status of the profession. + Article 66 (1) The public Notaries are entitled to the fee for each act or notary procedure fulfilled, in accordance with art. 56 56 para. ((1) lit. c). (2) By exception to the provisions of art. 56 56 para. ((1) lit. c), on the proposal of the Council of the Union, the Minister of Justice may establish notarial acts and procedures for which the fee is set freely, between the public notary and + Article 67 The public notary has the right to 30 working days ' holiday, under the conditions established by the statute. The notary public has the obligation to notify the Chamber in the constituency to which it operates in connection with the period during which it will carry out the holiday. + Article 68 The exercise of the profession of notary public is incompatible with: a) carrying out a salarized activity, except: 1. the activity and teaching position of university/higher education and scientific research; 2. literary-artistic and publishing activity; 3. the activity of technical-scientific creation; 4. the quality of deputy or senator or councillor in the county or local councils, during the term of office; 5. membership in the governing bodies or other bodies of the Union, of the Chambers or in other domestic and international organisations to which the Union or the Chambers are affiliated or with which they collaborate; 6. membership in a board of directors; 7. membership in an association or foundation; b) the exercise of a public office or public dignity, other than that provided in lett. a) section 4 4; c) the exercise of a position of judge, prosecutor, assistant magistrate or Registrar; d) the exercise of the profession of lawyer, legal adviser, bailiff or insolvency practitioner; e) direct conduct of production, trade or other service activities; f) the status of administrator or chairman of a board of directors of a company governed by Law no. 31/1990 , republished, with subsequent amendments and completions. + Section 2 Duties and responsibilities of public notaries + Article 69 The notary public and the staff of the notarial office have the obligation to keep professional secrecy with regard to the acts and facts about which they became aware of their activity, even after the termination of the office, respectively after the termination of the work, except in cases where the law or the parties concerned release them from that obligation. + Article 70 (1) The public notary cannot be absent from the office for more than 5 consecutive working days, without informing the Chamber to which it belongs and without ensuring the functioning of the archive of the office, under the law. (2) In case of non-compliance with paragraph (1), the Chamber of Public Notaries may delegate, as appropriate, another public notary for the performance of the duties of the absent public notary, under the conditions laid down in the Statute of the Union + Article 71 (1) The public notary has the following obligations: a) comply with the provisions of the law, regulations, the Statute of the Union, the Statute of the House of Insurance of Public Notaries and the Code of Ethics of Public Notaries; b) to comply with the decisions of the elected bodies of the Union, the Chambers and the specialised committees or other entities created at Union level, to carry out the tasks entrusted to it and to act for the achievement of the Union purpose c) attend the meetings of the governing bodies to which it belongs; d) to attend the meetings of the General Assembly of Chambers; e) participate in professional events organised by the Union, the Chambers and other domestic and international organisations with similar aims and principles; f) keep to third parties the confidentiality of the debates, opinions and votes cast within the governing bodies; g) have a dignified behavior in the exercise of office; h) to continuously improve their professional training, participating in training programs organized by the INR, according to the organization and functioning regulation approved by the Council of the Union; i) to ensure the professional training of trainee notaries assigned by the Governing College of the Chamber, as well as of the staff employed; j) within the time limits provided for in the statute to pay the professional contributions, to communicate to the Chamber of which the monthly statistical situation provided for in the Statute is k) to declare his tax domicile in Romania. (2) Professional expenses made under the conditions of par. (1) are deductible, under the law. (3) The provisions provided in par. ((1) lit. h) on the obligation to participate in professional training programs organized by INR shall also apply to the specialized staff of the notary offices, under the conditions provided by the regulation. + Article 72 Civil liability of the notary public may be engaged in the terms of civil law, for violation of his professional obligations, when he has caused with guilt in the form of relays-beliefs an injury, established by judicial decision Definitive. + Article 73 The disciplinary liability of the notary public intervenes for the following Deviations a) violation of general, material and territorial competence established by law; b) non-compliance with the provisions, decisions and decisions of the governing bodies of the Union and Chambers, issued under the law; c) non-compliance with the rules and instructions on working methodology with notarial national registers administered by CNARNN; d) the performance, repeatedly, of notarial acts and procedures, with non-compliance with the legal provisions provided for the validity of the notarial act or procedure in question, or their fulfillment in violation of the provisions of art. 9 9; e) undue delay or negligence in carrying out the works; f) unjustified lack of office, repeatedly; g) improper behavior and attitude in the pursuit of professional activity; h) any manifestation of a nature which affects the prestige of the profession committed in the exercise of the function or in connection with it or outside the function of the i) full non-payment and maturity of the professional contributions, as well as of the insurance premium, according to the insurance contract; j) evading or refusing to undergo administrative professional control; k) violation of legal obligations regarding the preservation of professional secrecy; l) the use or acceptance, in any way, directly or indirectly, of the unfair means of attracting the clientele, as defined in the Code of Ethics of Public Notaries; m) carrying out activities incompatible with the quality of public notary, according to the law; n) unjustified refusal or negligence in carrying out and communicating the operations provided by law for the functioning of the computerized system of the Chamber and the Union; o) non-compliance with the legal provisions regarding the establishment, collection and, as the case may be, the transfer of taxes, tariffs and fees; p) failure to submit the statistical situation and other data requested by the Chamber or the Union at the deadline; q) unjustified refusal to draw up a notarial act outside the headquarters of the notarial office, and in duly justified cases, and outside the normal working hours; r) failure to fulfil the obligation to participate in the forms of continuous professional training organized by the INR, at the time intervals established by the Regulation; s) failure to participate in the forms of professional training, ordered under the conditions of art. 76 76 para. ((2); s) non-compliance with the provisions of the Code of Ethics of the t) unjustified absences from the General Assemblies and actions organised by the Governing College of the Chamber or the governing bodies of the Union; t) non-compliance with 41 41 para. ((3) and/or continuation of the activity after the application of the sanction of suspension u) unjustified refusal to carry out the acts and procedures assigned by the President of the Chamber to which he belongs. + Article 74 (1) The disciplinary action shall be exercised by the Minister of Justice, the President of the Union or the Governing College of the Chamber and shall be judged by the Council of Discipline (2) The disciplinary action shall be exercised only after prior research has been carried out by the inspectors of the Ministry of Justice or, as the case may be, within the Union or by the director's College of (3) In the framework of prior research, the citation of the person concerned is compulsory, which is entitled to take cognizance of the contents of the disciplinary research file and to formulate its defence. Failure to submit or refuse to formulate defences shall not preclude the completion of research. (4) The discipline board operates as a national jurisdiction body, based on the regulation approved by the Council of the Union. The Board of Discipline is composed of one representative of each Chamber, elected by the General Assembly of the Chamber. The mandate of the members of the Discipline Council is 4 years and begins on January 1 of the calendar year following their validation by the Congress. The members of the Council of Discipline may be only public notaries with a minimum of 10 years old in a legal specialist position, but not less than 5 years in the position of public notary. (5) The Minister of Justice or, as the case may be, the President of the Union or the Director College of the Chamber, on the basis of the outcome of the prior research, shall formulate the disciplinary action he submits to the Disciplinary Council receiving the result of prior research (6) The Board of Discipline quotes the parties and, if it finds that further checks are necessary, may request the Minister of Justice or, as the case may be, the President of the Union or the College's Director College Disciplinary. Completion of prior research is done within 60 days of receipt of the request for completion. (7) The disciplinary action shall be settled by a reasoned decision, which shall be communicated to the parties and to the Chamber in whose constituency the investigated activity is carried out, within 10 days of delivery. (8) The judgment by which the disciplinary action is resolved shall include, in particular, the following: a) description of the act constituting disciplinary misconduct and its legal classification; b) the legal basis for the application of the sanction; c) the reasons for which the public notary's defences have been removed; d) the penalty applied and the reasons for its application; e) the appeal and the period within which the judgment may be appealed; f) the competent court to judge the appeal. (9) The provisions of par. (8) shall be completed with the provisions of the Code of Civil Procedure, republished, with subsequent amendments and completions, regarding the (10) Against the decision, the public notary, respectively the holders of the disciplinary action referred to in par. ((1) may appeal within 15 days of the communication to the Council of the Union. ((11) The appeal shall be settled by the Council of the Union by decision. Where the disciplinary action has been exercised by the President of the Union or the Governing College of the Chamber, the President of the Union or, where appropriate, the representatives of that Chamber in the Council of the Union will not participate in the resolution of The decision to settle the appeal can be appealed to the Bucharest Court of Appeal. The appeal can be declared by the notary public, respectively by the holders of the disciplinary action provided by law, within 15 days of communication. The judgment delivered by the Bucharest Court of Appeal is final and irrevocable *). ___________ Note * *) art. 8 8 of Law no. 76/2012 for the implementation of Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 365 of May 30, 2012, as amended, the references in the normative acts to the "final and irrevocable" court decision or, as the case may be, "irrevocable" will be understood as made to the "final" court decision. (12) The judgment by which the public notary was disciplined, remaining final, shall be communicated, immediately, by the Union or, as the case may be, by the court to the specialist department of the Ministry of Justice and to the Chamber in whose The constituency carries out its public notary. (13) The disciplinary action may be exercised within 6 months from the date of becoming aware of the commission of the deviation, but not later than 3 years from the date of its commission. (14) The application of the limitation period for the promotion of disciplinary action is suspended if a criminal complaint has been registered against the public notary having as its object the commission of the same act, until the criminal proceedings are resolved. If after the introduction of disciplinary action a criminal complaint has been registered with the object of the same act, the disciplinary action is suspended until the criminal trial is resolved. + Article 75 ((1) Verification of referrals relating to the good reputation of public notaries in office shall be made by inspectors of the Ministry of Justice or of the Union, ex officio or at the request of the Minister of Justice and the President of the or the principal college of the House. (2) The inspection report drawn up following the checks on good repute shall be communicated to the public notary subject to the complaint, within 15 days of the preparation, in order to make objections. (3) The inspection report referred to in par. (2) together with the objections raised shall be submitted to the Council of Discipline within the Union. On the basis of the report and the objections raised, the Disciplinary Board shall adopt the judgment on the finding of fulfilment or failure of the public notary of the condition of good repute or, if it considers that the objections are valid, order, in writing and reasoned, the resubmission of the report in order to complete the checks, with the express showing of the aspects to be completed. The decision finding the failure to fulfil the good reputation condition also includes the proposal for a cessation of quality, pursuant to art. 40 40 para. ((1) lit. g). (4) The decision of the Council of Discipline, accompanied by the acts underlying it, shall be communicated immediately to the Minister of Justice, the President of the Council of the Union and the Notary (5) The judgment of the Council of Discipline may be appealed to the Council of the Union within 15 days of the communication. The decision of the Council of the Union can be appealed to the administrative section of the Bucharest Court of Appeal, in the same term. The court ruling is final. (6) The final judgment establishing the failure to fulfil the condition of good reputation shall be communicated to the Minister of Justice, in order to issue the order for the cessation of quality. + Article 76 (1) The disciplinary sanctions shall apply in relation to the seriousness of the disciplinary misconduct committed and shall be as follows: a) written warning; b) fine from 5,000 lei to 40,000 lei; c) the suspension of the public notary from the exercise of the office for a duration of no more than d) exclusion of the public notary from the profession. (2) In the case of deviations provided in art. 73 lit. a), d), e), k), n), r) and s), the Board of Discipline may also order the obligation of the public notary sanctioned to follow, within 3 months from the final stay of the decision by which it was sanctioned, one of the forms of preparation professional within the INR. (3) The final and irrevocable judgment * *) constitutes an enforceable title. __________ Note **) See the footnote corresponding to the asterisk at the end of art. 74 74 para. ((11). (4) The fine provided in par. ((1) lit. b) is made to the Union budget. + Chapter V Procedure of notarial acts + Section 1 Common provisions + Article 77 (. All notary acts shall be fulfilled upon request. ((2) The entries drawn up by the parties, their legal or conventional representatives or, as the case may be, the mediation agreements will be verified on the fulfilment of the substantive and form conditions, the public notary giving them the changes and Appropriate additions, with the agreement of ((3) For the authentication of a mediation agreement, the parties in the agreement shall be presented personally or by legal representative or by conventional representative on the basis of a genuine proxy, in order to sign before the public notary and to fulfill all the substantive and form conditions laid down by law. (4) The entries regarding the notary acts shall be drawn up according to the will of the parties and under the conditions provided by law. (5) In the framework of the works of fulfilment of the notary acts, the public notary establishes the identity, domicile and capacity of the parties, except in cases where the requested date is requested, the preparation of certified copies or the granting of consultations Notary legal. + Article 78 (1) The legal acts for which the law provides for the authentic form ad validated will be drafted only by public notaries. (2) The consultations given by the notary public in the notarial legal field are written or verbal and shall be given to natural or legal persons, upon request or on a fixed-term contract basis. + Article 79 (1) The public notary has the obligation to discern the legal relations between the parties with regard to the act they want to conclude, to verify whether the purpose they pursue is in accordance with the law and to give them the necessary guidance on the effects his legal. (2) He must also ask the parties, whenever appropriate, the supporting documents and authorizations necessary for the conclusion of the act or, at their request, he will be able to obtain the necessary documentation himself, having free access to any public record. (3) The acts resulting from the rights to be released in the cases and the conditions provided by law shall be communicated, immediately, to the place where this evidence is held, by the public notary, who will also take the necessary steps on behalf of the holders for carrying out all advertising works. (4) In order to fulfill its obligations under the provisions of par. (2) and (3), the public notary will have free access to the real estate advertising offices, as well as to other institutions in order to obtain the documents and information necessary to fulfill the notary procedures, will be able to request and obtain from the organ competent fiscal authority of the local public administration authority fiscal certificate issued on paper or in electronic format. (5) The public notary has the obligation, in the case of elderly persons, to consider them the rights provided for in art. 30 30 of Law no. 17/2000 on social assistance of elderly people, republished, with subsequent amendments and completions. + Article 80 (. Public order bodies shall provide support to public notaries where they are prevented from exercising their duties. Also, the local public administration authorities have the obligation that within their duties to grant public notaries the contest requested for the performance of notary acts. (2) Public and private institutions have the obligation to provide, under the law, the information that the public notaries require in the notary succession proceedings. (3) In all other cases, the institutions referred to in par. (2) provide information on the basis of the protocols concluded with the Union. + Article 81 (1) The acts requested by the parties and any acts of notarial procedure shall be drawn up in Romanian. (2) Citizens belonging to national minorities and persons who do not speak or do not understand the Romanian language are given the opportunity to become aware of the contents of the act through a translator or interpreter. The function of translator or interpreter may be fulfilled by the notary public, if the foreign language is his mother tongue or is authorized as interpreter or translator, or by another person authorized as interpreter or translator, under the conditions law, by the Ministry of Justice. In all situations in which the act is fulfilled by the authorized interpreter or translator he will sign the conclusion with the public notary. (3) The acts written by the parties and presented for the performance of notary operations shall be in Romanian. (4) At the justified request of the parties, the public notary may perform acts in connection with the documents drawn up by the parties in a language other than the Romanian one, only if the notary instrumentator knows the language in which his acts are drawn up or after he has taken knowledge of their contents through the interpreter, in which case a copy translated into Romanian and signed by the one who performed the translation will be attached to the file. ((5) The inscription intended to be translated into a foreign language shall be drawn either on two columns, comprising in the first column the text in Romanian, and in the second column, the text in foreign language, or successively, first the text in Romanian, continuing with the text in foreign language. + Article 82 (1) Notary acts shall be fulfilled, as a rule, during the service program with the public, displayed accordingly. (2) A notarial act may be performed outside the office of the public notary's office, at the request of the interested party, in compliance with the legal provisions on competence. (3) If the preparation of a notarial act does not suffer postponement, for duly justified reasons it will also be able to be fulfilled outside the working hours, at the request of the interested party. + Article 83 The performance of notary acts, apart from the drafting of documents and notary legal consultations, is concluded, which will include: a) the premises of the notary office b) the name of the conclusion and number c) the date of performance of the notary d) the name and surname of the notary public; e) the place where the notarial act was fulfilled, in case of fulfillment outside the headquarters of the notarial office, stating the circumstance that justifies the preparation of the registration in that place; f) the names or names of the parties, their domicile or their premises and the mention of the fact of their presentation in person, represented or assisted, and the way in which their identity was found, except for the terminations by which the date of the documents or copies of the documents are legalized; g) showing the fulfilment of the substantive and formal conditions of the notarial act drawn up in relation to the nature of that act; h) the finding of the fulfilment of the notarial act and its reading by the parties; i) the indication of charges, taxes, fees and the amount thereof; j) signature of the notary public; k) the seal of the public notary's office. + Article 84 (1) The parties participating in the notarial act may be identified by the notary public by the conclusion that they are known personally by him. If the notary does not know the parties, he shall be obliged to verify their identity, in order to conclude an act or to carry out a notary procedure, as the case may be, by: a) identity documents provided by law; b) passports, under the law; c) the attestation of the lawyer assisting the party, its identification being made under the conditions a) or b). (2) If the public notary has suspicions about the identity of the parties, and the identity document is issued by the Romanian authorities, he will verify the identity document presented. In order to verify, the public notary has access to the National Register of Persons. (3) The mandatory identification of persons shall be: a) for the Romanian individual or resident in Romania: name, surname, personal numerical code, domicile or habitual residence; b) for foreign individuals, non-residents in Romania: the name, surname, nationality and habitual residence declared, if it does not appear from the act on which the identity was established; c) for the legal person of Romanian nationality: name, registered office and unique identification code or registration number in the special registers for associations and foundations, as the case may be; d) for the foreign legal person: the name, registered office, nationality and registration number issued by the competent authority of the country of origin; e) for the authorized natural person: name, surname, unique tax registration code, domicile or professional residence with the specification of the activity carried out. + Article 85 (1) In the event that the performance of the notarial act is refused, the conclusion of rejection will be given only if the parties persist in the request. The conclusion will include the motivation of the refusal, the appeal, the competent court and the term of exercise. (2) The performance of the notarial act may also be rejected for the following reasons: a) failure to submit the necessary documentation or incomplete presentation thereof; b) non-payment of tariffs, tax and established fee; c) the impossibility of identifying the party or its lack of discernment, if this state results from the behavior of the + Article 86 (1) Violation of the requirements provided in art. 83 shall be sanctioned with cancellation, if they cannot be directed and produced to the party an injury that cannot be removed in any other way than by the abolition of the act. (2) The error of error and the completion of omissions shall be made under the conditions of art. 87, only if they result from the works of the act, as well as from the notary books or other records of the notarial office. + Article 87 Notarial acts presenting manifest errors or omissions may be directed or supplemented by the conclusion by the notary public, on request or ex officio, with the agreement of the parties, if the works include data that make it possible to correct the mistakes or completing omissions. The agreement of the parties is presumed if, being legally quoted, does not manifest its opposition. About the correction or completion carried out is made mention on all copies of the act. + Article 88 The notary public cannot perform notary acts, under penalty of nullity, if: a) concerned are parties or interested in any quality, he, the spouse, the ascendants and their descendants; b) is the legal representative or the authorized part of a party participating in the notary procedure. + Section 2 Authentication of documents + Article 89 (1) The authentic notarial registration is the one drawn up or, as the case may be, received and authenticated by the public notary or by the staff of the diplomatic missions and consular offices, in the form and under the conditions established by this law. (2) The authentication of the document shall be subject to the following procedure: a) the establishment of the identity of the parties 84 84; b) expressing their consent to the content of the act; c) their signature and the date of registration. + Article 90 (1) For the authentication of a document, the public notary verifies and establishes, in advance, the identity of the parties, under the conditions 84. (2) The parties may be represented upon authentication by a trustee with genuine special power of attorney, with the exceptions provided by law. In this situation, the notary public is obliged to check in the notarial national register of evidence of their prosecutors and revocations, and in case of finding its revocation will reject the application for authentication. + Article 91 (1) In order to take the consent of the parties, after reading the act, the public notary will ask them if they have understood its content and if those contained in the act express their will The externalization of consent materializes by signature. (2) For thorough reasons, the public notary may take separately, but on the same day, the consent of the parties appearing in the act. In this case, the time and place of taking the consent of each party will be mentioned in the conclusion of consent. + Article 92 The authentication of the will is subject to the provisions of art. 93. + Article 93 (1) The testator dictates his provisions to the notary. The notary public cares for the writing of the will, which he then reads to the testator or, as the case may be, gives him to read, making express mention of fulfilling these formalities. If the dispenser had already drafted his act of last will, the authentic will will be read to him by the notary public. (2) After reading, the dispunter must declare that the act expresses his last will, the will being then signed by the testator, and the conclusion of authentication by the notary public. (3) The book-knowing tester will request, through a written request, the authentication of the will. The application shall include, where appropriate: a) the fact that the will attached to the application was written by himself, a situation in which he will present it to the public notary for technodrafting; b) the fact that the testator does not have a will already written and requests to dictate the content of the public notary's will. (4) In the request the testator will state that the provisions of art. 1.043 1.043 para. (2) of the Civil Code, republished, as amended, according to which it can be assisted in the procedure by one or 2 witnesses. It will also make the mention that the content of the will already drafted or what will be dictated to the notary public, as the case may be, represents its last will. (5) If the testator presents an already written will, the notary public will give the necessary guidance on the legality, effectiveness and consequences of the act of last will, after which he will proceed to the drafting of the will. (6) If the testator does not present a written will, it will dictate to the notary. The notary public will technoredact the will after dictating the testator. (7) In the will be made an express mention that the act represents the last will of the testator and that it was drafted in compliance with the conditions provided in art. 1.044 of the Civil Code, republished, as amended. (8) After the drafting of the will, it shall be read by the notary public and, at the request of the testator, shall be read to him. (9) After reading, the testator will confirm that the will represents his last will and will sign it. (10) If the testator has been assisted by one or two witnesses, they shall sign the will. (11) After the signing of the will, the public notary will sign the conclusion of its authentication. (12) The request of the testator and the will presented by him, if applicable, shall be retained on the authentication file. + Article 94 (1) If the testator, because of a nurse, illness or other causes, cannot sign the act, will dictate to the public notary the content of the will, he will state that it is his act of last will, the notary will draft and edit the will. witnesses will be present at the performance of this procedure. (2) If the testator declares that he does not know how to sign or cannot sign, the public notary will make the express mention of his declaration, as well as the case that prevented him from signing. The mention made by the notary and its reading of the testator together with the signatures of the witnesses replenish the signature (3) The will also be signed by the witnesses. (4) Whenever the testator will not be able to sign, 2 witness-assistants, book scientists will be present at the preparation and authentication of the will. Witnesses will sign the registration with the testator and will be identified in the authentication conclusion, with the mention of the justification of their presence and the fact that they are witness-witnesses. (5) Witnesses must meet the conditions provided by the Code of Civil Procedure, republished, with subsequent amendments and completions, and by this law. (6) In special situations when the notary public takes the declaration of the will of the deaf, the mute or the surdomor in impossibility to write, it is done through the interpreter, but also in the presence of 2 witnesses. (7) In the case of the blind person, the public notary will read his act before taking his consent. (8) The authentication of the will under the conditions of para. (1) shall be made compulsory in the presence of witnesses. (9) After dictation, the notary public takes care of the drafting of the will using the appropriate legal terminology. + Article 95 (1) The declaration of the will of the deaf, the mute or the surdomor, the bookies of the book, shall be given in writing before the notary public, by the inscription by the party, before the signature, of the term "consent to this act, which I have read". (2) If the deaf, mut or surdomut are found for any reason in the impossibility to write, the declaration of will will be taken through the interpreter. (3) In order to take the consent of a blind man, the notary public will ask whether he heard well when his inscription was read and whether those heard represent his will, recording them in the conclusion of authentication. + Article 96 (1) In the case of those who, because of the infirmity, of the disease or of any other causes, cannot sign, the notary public, fulfilling the act, will take the consent only in the presence of 2 witnesses-assistants, this formality supplanting the absence of the signature of the party. (2) The assistants-assistants will be identified and will sign the act, and in the conclusion of authentication the mention will be made that they were present at the reading of the act by the parties or, as the case may be, by the public notary and the taking of consent. (3) It may not be witness-assistant person who: a) has not turned 18; b) appear in the act as a party or a beneficiary; c) due to a mental or physical impairment is not fit; d) is unwitting of the book or, for any reason, cannot sign. + Article 97 (1) Notary authentic instruments shall be drawn up in a single original copy, which shall be kept in the archive of the notary public. (2) The original example of the authenticated inscription, together with the annexes forming an integral part of this inscription, shall be signed before the public notary by the parties or by their representatives and, as the case may be, by those called to approve the acts on which the parties draw up, by the witness-witnesses, when their presence is requested, and, as the case may be, by the one who drafted the document, under the conditions of this law. (3) The Annex which forms an integral part of the document shall mean any inscription attached to the main document, detailing or supplementing the content of the latter and has been declared as such by the parties. The documents that constitute the documentation required for authentication shall be retained to the file of the act and shall not be considered as Annexes (4) The parties will receive a duplicate from the original act. The duplicate of the notarial act has the evidentiary force provided by law as the original of the + Article 98 The conclusion that finds the authentication of a document will include, under the sanction of cancellation, in addition to the data provided in art. 83, and the following particulars: a) the finding that the consent of the parties was taken; b) the finding that the document was signed before the notary of all those held to sign it. The mention of the notary to the public that one of the parties could not sign a place of signature for it; c) the investment provision with authentic form, which shall be expressed by the words: "The present inscribed shall be authentic." + Article 99 (1) The authentic notarial inscription makes complete proof, to any person, until its declaration as false, with regard to the findings made personally by the one who authenticated the document, under the law. (2) Represents personal findings of the notary those made by his own senses: a) the presentation of the parties and all persons participating in the authentication procedure, as well as their identification; b) the place and the date of conclusion c) the externalization of consent. ((3) The statements of the parties included in the authentic notary document shall provide proof, until proven otherwise, both between the parties and to any other person. + Article 100 The inscription authenticated by the notary public who finds a definite and liquid claim has an enforceable title power at the time of its chargeability. In the absence of the original registration may constitute enforceable title the duplicate or certified copy on the copy of the public notary archive. + Section 3 Succession procedure + Article 101 (1) The notary succession procedure opens at the request of any interested person, as well as of the secretary of the local council of the locality within whose radius the deceased's assets were at the date of opening of the inheritance. (2) The public notary notice has the obligation to verify its territorial competence in advance, and if it finds that the succession is within the competence of another public notary, it shall be disposed of, without citing the parties, informing the applicant with on the notary competent to carry out the succession procedure. (3) If in the constituency of a judge there are several public notaries, the competence to carry out the succession procedure belongs to the first public notary notified. The notary public will verify that the succession procedure did not open to another public notary in the constituency of the same judges, investigating for this purpose the register of successions, according to the regulation. (4) If the last domicile of the deceased is not known or is not on the territory of Romania, the competence belongs to the public notary first notified, provided that in his constituency there is at least one immovable property. (5) If the last domicile of the deceased is not in Romania, and in the estate there are no real estate on the territory of Romania, competent is the first public notary notified, provided that in his constituency there is movable property. (6) If the last domicile of the deceased is not in Romania, and in the estate there are no assets on the territory of Romania, competent is the public notary first notified. The above rules also apply accordingly to deceased persons whose last domicile is not known. (7) Also, if the death certificate states only the state on whose territory the deceased had the last domicile, the above provisions shall apply accordingly. + Article 102 (1) In the application for the opening of the succession procedure will be mentioned the civil status data of the deceased, the name, surname and domicile of the presumptive heirs, the assets of the deceased, with the mention of their value, as well as of the Succession. (2) The application shall be entered in the successor register of the notary public, after registration in the succession records held at the level of the Chambers. (3) The application for the opening of the succession procedure may be made by any of the succeeding, by the creditors of the succession or the succeeding, as well as by any other person who justifies a legitimate interest. + Article 103 (1) At the request of the interested persons, it will proceed to the inventory of the estate, under the conditions provided by law. If there is no previous application for the opening of the succession procedure, the application for inventory also takes place of application for the opening of this procedure. ((. The inventory may also be made by another person designated by the notary public on the basis of a given power of attorney. (3) If the assets of the inheritance are in different constituencies, the public notary referred to will request the inventory by the rogatory commission. (4) The application for inventory may be made by any successor, by the testamentary executor, by the creditors of the deceased or by the heirs or by another person who justifies an interest. (5) In preparation of the inventory, the following shall be possible or, where applicable, the executor of the testamentary, creditors and 2 witnesses. If the executor, the testamentary executor or the creditors refuse to sign the minutes, the signature of the witnesses shall be sufficient to carry out the procedure. (6) Upon receipt of the request for making the inventory, the notary shall announce the following about the making of the inventory. (7) If one of the succeeds or other person possessing assets of the deceased's estate objects to the making of the inventory, the notary shall draw up a report in which he shall make mention of the opposition and shall indicate to the persons who insists on the inventory to ask the competent court to order the inventory. (8) If the court ordered the inventory, the notary will perform it, without taking into account any opposition, and in the minutes of inventory it will mention that the inventory is made on the basis of the court decision. + Article 104 (1) After finding that it is legally notified, the notary public records the case and orders the citation of those who have a vocation to the inheritance, and if there is a will, also quotes the legatees and the testamentary executor instituted (2) The citation must contain, under the sanction of its nullity, in addition to the elements provided by the Code of Civil Procedure, republished, with subsequent amendments and completions, and the stipulation that, if the successor does not exercise the right to accept within the period provided in art. 1.103 of the Civil Code, republished, as amended, will be presumed to give up the inheritance. If, as it results from the information existing on the file, the current domicile of the successor is not known, it can proceed to its citation, cumulatively, by display at the last domicile of the deceased, display at the last known domicile of the succeeding, publishing in a newspaper with national spread. (3) If a universal legatee has been established by a genuine will, it is quoted, in the absence of reserving heirs, only the legatee; if the will is written or mystical, the legal heirs are also quoted. In both cases he will also quote the testamentary executor, if he was designated by will. (4) In the succession to be declared vacant, the public notary quotes the authority of the competent public administration to take over the goods. (5) In the case of the incapacitated heir, his legal representative and the guardian authority shall be quoted. + Article 105 (1) In the course of the succession procedure, the public notary establishes the quality of heirs and legatars, the extent of their rights, as well as the composition of the estate. (2) In the case of the existence of a handwritten, mystical or privileged will presented to the notary public or found at the inventory, it shall proceed to its opening and targeting towards the unchanged. At the deadline set for the debate, the material state is found to be prepared a minutes, followed by the validation procedure. (3) The minutes of validation of the will shall be drawn up by the notary public in the presence of legal succeeds removed by will or whose rights are affected by it and which will be cited for this purpose. (4) The public notary will have a grafoscopic expertise when: a) the succession removed from the inheritance, although cited, shall not be presented; b) the succeeding declares that they do not know the writer's writing; c) the succession challenges the writing of the deceased, bringing evidence to this effect; d) the deceased has no legal heirs. (5) If in the Grafoscopic expertise it is found that the writing does not belong to the testator, the public notary will continue the succession procedure. (6) On the basis of the statement or evidence administered in question it will be determined whether the successors accepted the succession within the legal term. (7) The declarations of the succession option shall be entered in the special register (RNNEOS) provided for in art. 162. (8) The declaration given over the term of option by which a successor declares that he did not acquire the quality or title of heir within the period provided for in art. 1.103 of the Civil Code, republished, as amended, and understands to renounce the succession shall enroll in the RNNEOS. + Article 106 (. The quality of the succession and/or, where applicable, the title of the legatee and the number thereof shall be determined by means of civil status, by will and by witnesses. The goods composing the succession table shall be proved by the documents or by any other means of proof accepted by the law. (2) In successions concerning the common property of the author of the succession and the surviving spouse, their contribution rates to the acquisition of the goods and the assumption of obligations shall be determined by the agreement of the heirs recorded in the conclusion the final or, as the case may be, the liquidation act concluded in authentic form. + Article 107 (. The succession procedure may be suspended in the following cases: a) it has been a year since the opening of the inheritance and, although they were legally cited, the succeeds have not presented themselves or abandoned the succession procedure, without asking for the issuance of the certificate of heir, and there is proof that at least one of them has accepted inheritance; b) the succeeding persons challenge each other's quality or are not understood as to the composition of the estate and to the extent of their rights; c) the heirs or other interested persons present proof that they have approached the court for the establishment of their rights; d) in any other cases provided in the Code of Civil Procedure, republished, with subsequent amendments and completions. (2) In the end of the suspension, the elements resulting from the debates shall be recorded, until the moment of suspension, with regard to the identity of those present, their succession option and the composition of the succession mass. (3) In the cases provided in par. ((1) lit. b), the public notary establishes by concluding the succession table, with the stipulation of the goods or rights that are contested, the extent of the rights of the heirs and the reasons for the misunderstanding, directing the parties to settle the misunderstandings between them by way Court. (4) At the request of the parties, the public notary will be able to reinstate the succession file at any time, if the end of the cases that led to his suspension + Article 108 ((1) The successful or other person concerned may refer the matter directly to the court for the purpose of debating a succession. (2) Provisions art. 193 193 para. (3) of the Code of Civil Procedure, republished, with subsequent amendments and completions, are applicable. + Article 109 In the course of the succession proceedings, at each term the public notary shall draw up a reasoned conclusion, which shall include the particulars relating to the performance of the proceedings, the statements of the parties, the presence of witnesses and the solving the cause. + Article 110 If the notary public finds that in the succession mass there are no goods, it has by closing the closure of the succession procedure and classes the cause as without object. + Article 111 (1) In the succession in which there are goods, the agreement between the heirs has been carried out and the indestulating evidence has been administered, the notary public shall draw up the final conclusion of the succession procedure. (2) The final conclusion shall have the probative force of the authentic document and shall include the following elements: a) the notarial office header; b) the number of the succession file or of the files debating together; c) the name and surname of the notary; d) date of conclusion; e) identification data of the deceased: name, surname, personal numerical code, last domicile, date of death; f) the name, surname, domicile, personal numerical code, the quality of those present to the deceased and their identification; g) mention of missing persons; h) particulars of the procedure; i) statement of those present on the number and quality of the heirs, in conjunction with the deposition of witnesses; j) particulars of the existence of the will, its form and the manner in which its validity was found; k) mentions of making the inventory; l) mentions of the matrimonial property regime of the deceased and the method of liquidation of this regime; m) declared inheritance mass: movable property, immovable property and inheritance liability; n) signatures of heirs certifying the veracity of those recorded in conclusion, acceptance of inheritance, requests for reporting of donations, reduction of excessive liberalities, agreement of their realization, as well as release certificate of heir; o) on the basis of the statements of the heirs and of all the evidence administered in question, the notary public will find the composition of the estate, the value of the asset or, as the case may be, the value of the calculation mass, the value of the p) indication of the legal basis of the legal succession and/or, as the case may be, testamentation; q) indication of the name, surname, domicile and personal numerical code of each heir; r) the quality or title under which they inherit; s) the extent of the inheritance rights; s) particulars on how to establish the extent of the right of each heir, as appropriate; t) the calculation of the inheritance taxes; t) the taxes established; u) provision on the issue of the certificate, mentioning its kind. (3) If the heirs have divided their goods by way of agreement, in conclusion the manner of division and the estate assigned to each one will be shown. The act of division can be contained in the final conclusion or it will be possible to draw up separately, in one of the forms prescribed by law. + Article 112 If by law it is not provided otherwise, at the request of legal or testamentary heirs, the public notary can proceed to liquidate the succession liability, alienate the asset or share and assign the goods, according to the heirs agreement. + Article 113 (1) The conclusion of the succession procedure may also be made before the expiry of the term of acceptance of the succession, if it is doubtful that there are no other persons entitled to the succession. (2) The succession procedure may also be concluded immediately, pursuant to a will, if it meets the legal conditions of form, does not contain provisions contrary to the law and does not prejudice the rights of the reservor heirs or exists their agreement. Under the same conditions, the public notary will be able to establish the rights of the particular legator on the goods (3) The public notary, having the consent of all heirs, will be able to reduce the liberalities, up to the limits provided by law. + Article 114 (1) On the basis of the final conclusion, the certificate of heir or legatee shall be drawn up, which shall have the same date as the final conclusion and number of the register of succession deadlines and shall include the concluding findings relating to the succession table, the number and quality of the heirs and their shares of the deceased's estate. (2) The Certificate of Succession may include particulars of the manner in which the extent of the rights of the successors has been established, and any mention justifying its release. (3) The Certificate of Succession shall provide proof of the quality of the heir, legal or testamentary, as well as the proof of the right of property of the accepting heirs on the goods of the succession table, in the share that is due ((4) A copy of the certificate of heir shall be issued to each of the heirs or legatees, as the case may be, after the payment of the inheritance and fees. (5) If a testamentary executor has been established, a testamentary executor certificate will be issued, under the above conditions. (6) After the suspension of the succession procedure in the cases provided in art. 107 107 para. ((1) lit. b) and c), the certificate of heir shall be issued on the basis of the final and irrevocable court decision *). __________ Note *) See the footnote corresponding to the asterisk at the end of art. 74 74 para. ((11). + Article 115 (1) At the request of the heirs, the public notary may issue a certificate of quality of heir, attesting the number, quality and extent of the rights of all legal heirs, in compliance with the procedure provided for the by the heir, except for the provisions on the succession table. (2) The certificate of quality of the heir shall be issued in compliance with the procedure provided for by this law for the issuance of the certificate of heir, establishing the succession rates. ((3) Provisions of para. ((1) and (2) also have applicability in the situation in which the heir certificate was previously issued. + Article 116 (1) In the absence of legal or testamentary heirs, when in the succession mass there are goods, the public notary, notified under the conditions of art. 101, finds that the succession is vacant and issues the inheritance certificate, under the law. (2) If the succession table consists only of a right of concession or use on a place of neighbor/interment, without funeral constructions, the notary will find by concluding its extinction, without issuing a certificate of succession holiday. (3) A copy of the conclusion will be communicated to the concedent. + Article 117 (1) After the issuance of the certificate of heir, another certificate may be issued only in the situations provided by this law. (2) With the consent of all the heirs, the public notary may resume the succession procedure, in order to complete the final conclusion with the goods omitted from the succession table, issuing an additional certificate of heir. (3) In the situation referred to in par. (2), the agreement is presumed for the issuance of an additional certificate of heir to the heir who, legally quoted, does not manifest his opposition. (4) The citation will include the enumeration of the goods for which the supplementation of the estate was requested and the right of the heir to object to the issuance of the supplementary heir certificate. (5) The opposition will be motivated and will be submitted by the deadline set for the debate of the case. + Article 118 (1) Those who consider themselves injured in their rights by issuing the certificate of heir may ask the court to annul it and establish their rights, according to the law. Until its annulment by court decision, the certificate of heir proves the quality of heir, legal or testamentary, as well as proof of the property right of the accepting heirs on the estate of the estate, in the quota which is due to everyone. (2) Persons referred to in par. ((1) may also be addressed to the public notary for the purpose of concluding an authentic instrument attesting the amicable settlement of the dispute. In this situation a new certificate is issued. This procedure shall not apply with regard to the Inheritance Holiday Certificate. (3) Until the settlement of the dispute amicably by the conclusion of the notarial act or until the annulment of the certificate of heir by judicial decision, it provides proof of the quality of heir, legal or testamentary, as well as proof the right of property of the accepting heirs to the estate of the estate, in the share that is due to each one. (4) In case of cancellation of the certificate of total or partial heir, the notary public shall issue a new certificate on the basis of the final judgment. For this purpose, the courts have the obligation to send to the office of the public notary competent in the settlement of the case a copy of the remaining final and irrevocable decision *), together with the notarial file, if it was requested during Judgment. ________ Note *) See the footnote corresponding to the asterisk at the end of art. 74 74 para. ((11). + Section 4 Procedure for the liquidation of the estate + Article 119 Under the notarial succession procedure, the public notary will be able to proceed with the liquidation of the estate, with the consent of all the heirs. + Article 120 The liquidation procedure consists of: a) recovery of all claims of the deceased b) payment of all debts related to the succession, respectively of the succession liability, regardless of whether they are debts of the deceased or debts generated for the debate of the succession procedure; c) execution of private legates; d) the valorisation of the movable/immovable property of the deceased, in order to cover the extinction of the succession liability, if there is no liquidity in the estate to cover the liability of the succession or if the heirs do not understand to conclude with the creditors of the succession a convention establishing the modality of amicable settlement of the liability. + Article 121 ((1) The liquidation shall be made by the public notary invested with the debate of the succession procedure or under its supervision, whenever in the mass of the succession it is proved a chargeable liability. (2) In order to establish the liability, the notary shall draw up the inventory and shall ask the heirs for authentic declarations or any other evidence about the existence of the liability and its certain, liquid and chargeable character, shall verify the National Register notarial of the record of creditors of individuals and oppositions when performing the succession party (RNNEC), provided in art. 162, and will receive requests from the creditors of the deceased in order to recover their claims, drawing up the creditors ' picture. The creditors ' picture is completed in 3 months from the opening of the notary succession procedure, priority having the budgetary receivables. + Article 122 (1) The public notary invested with the resolution of the succession case will issue in the pre-compulsory phase a successful liquidation certificate, which includes, in addition to the succession table composed of the active and passive, the heirs and the shares to them and their agreement on how to liquidate the estate, the appointment of the liquidator and the deadline for the completion of the procedure. (2) The public notary shall take care of the publicity of the successful winding-up certificate in the public registers. + Article 123 (1) The liquidation of the succession liability will be made by one or more liquidators who will act separately or together, as the case may be. ((2) In the event of the death of the liquidator or if he no longer wishes or is prevented from exercising his office, he will be able to be replaced, respecting the same procedure as in the case of his appointment. (3) Until the appointment of the new liquidator, all operations started under the procedure for the liquidation of the estate by the liquidator who can no longer perform his duties will be suspended. + Article 124 The liquidator performing his duties under the supervision of the notary public may be designated: a) by the deceased, by will or by authentic inscription, either as a testamentary executor, or as a liquidator; b) by the heirs of the deceased, either of them or a third party; c) by the court, if misunderstandings arise between the heirs regarding the appointment of the liquidator or in case of impossibility of appointment or replacement by them. + Article 125 The liquidator shall be entitled to remuneration established by the heirs at the time of its designation and the reimbursement of the expenses incurred in the winding-up procedure. Within the limits of the established remuneration and the expenses incurred, the receivable of the liquidator shall be privileged to all other claims. + Article 126 In the performance of its tasks, the liquidator shall carry out a) realize the claims of succession; b) pays the debts of the succession, using for this purpose the amounts existing in the estate, as well as those arising from the realization of the receivables; c) harness the movable/immovable property of the deceased. The valorization of these goods can be made either by selling the goods at public auction or by concluding acts of giving in payment with the creditors of the succession, under the law. + Article 127 (1) The method of valorization of the goods will be proposed by the liquidator to the heirs of the deceased, who will approve the proposal of the liquidator through an authentic (2) The authentic registration by which the heirs will approve the method of valorization of the assets of the deceased proposed by the liquidator has the value of a special mandate. (3) If the liquidator of the succession is the public notary appointed with the consent of all the heirs, and the heirs agree to the sale of the goods by public auction, the public notary will proceed to the valorization of these goods. + Article 128 The procedure for organizing the public tender within which the movable and immovable property of the deceased will be capitalized will be established and detailed in the implementing regulation of this law. + Article 129 (1) The duration of the winding-up procedure shall not exceed one calendar year; it may be extended by agreement of all the heirs. (2) The public notary may ask the court to replace the liquidator who is unable to perform his task, neglect or disrespect it. + Article 130 Upon completion of the liquidation procedure of the succession liability, the liquidator will present to the public notaries the instrumentator a report detailing all the operations carried out in order to recover the receivables and the method of extinguishing the estate's liabilities. If the liquidator is even the notary public, the notice will be contained in the end. + Article 131 After completion of the liquidation procedure, the public notary will issue the certificate of heir, in the succession table to be highlighted the net product of liquidation. + Article 132 The inheritance partition between the heirs can be made only after the issuance of the certificate of heir issued after liquidation. + Section 5-a Mediation and arbitration procedure for the resolution of interprofessional disputes + Article 133 ((1) The litigies between the public notaries regarding the exercise of the profession, the professional relations, those between the associates or concerning the cooperation between the different forms of exercise of the profession are subject, prior to any other judicial procedure, mediation or, as the case may be, arbitration by the Governing College of the Chamber in whose constituency the public notaries work. ((2) The letters between the public notaries in different Chambers, those between the public notaries and the Chambers, those between the Chambers, the public notaries and the Union, and those between the Chambers and the Union shall be subject, prior to any other judicial proceedings, to mediation or where applicable, arbitration by the Council of the Union. (3) The petitioner shall refer the matter to the President of the Governing College of the Chamber or, as the case may be, the President of the Council of the Union by an application in which he will be (4) The application will be communicated to the complained party, who will be invited to specify, in writing, the point of view. (5) The procedure for conducting arbitration or mediation shall be determined by the implementing regulation of this law. + Section 6 Procedure for the organization of tenders and certification of their result + Article 134 In order to complete the procedure of liquidation of the succession liability, the Chambers organizes, at the request of the public notary instrumentator of the succession file, public tenders of movable or immovable property. + Article 135 The method of organization and conduct of the tender will be established by the regulation implementing this law, according to the provisions of the Code of Civil Procedure, republished, with subsequent amendments and completions. + Section 7 Divorce proceedings by way of notarial + Article 136 (1) The divorce procedure by the consent of the spouses is the competence of the public notary, under the law. (2) Before the verification of territorial competence, the public notary shall verify that the law applicable to the divorce for the marriage requested to be opened by the application received is the Romanian law. (3) In the notarial divorce proceedings, the notary public pronounces one of the following solutions: a) the admission of the request for divorce; in this case, the notary public issues the conclusion of admission of the divorce application and issues the divorce certificate; b) rejection of the request for divorce; in this case, the notary public issues the conclusion of rejection of the request for divorce (4) In the divorce certificate will be recorded the dissolution of the marriage by the consent of the spouses, in front of the public notary, the surname that the former spouses will bear after the divorce, as well as, as the case may be, the mentions of the parental agreement regarding the minors resulting from the marriage. + Section 8 The apostille procedure and the overrepresentation of notarial acts + Article 137 (1) If, for the validity abroad of the notarial act, it is necessary to overchoose the signature and seal of the public notary or apostille of notary acts, these procedures shall be fulfilled by the Chamber, at the premises of principal or at its county offices, in whose constituency the public notary who handled the act operates, under the conditions established by the regulation. For the completion of the overelection procedure, the notarial act overelected by the Chamber is to be overelected by the Ministry of Foreign Affairs and the diplomatic mission or consular office in Romania of the state in which the act is to be used. The public notary will consider the party the obligation to meet this requirement. (2) Notary offices may not take into account the acts emanating from the authorities of another state unless the signatures and seals of those authorities are overelected by the diplomatic mission or consular office of Romania in this state or by the Ministry of Foreign Affairs of Romania. (3) If by international conventions to which Romania is a party it is provided otherwise, those conventions shall apply. + Section 9 Rejection of an act or a notary procedure + Article 138 The conclusion of rejection represents the procedure by which the public notary refuses motivated the performance of a notary act. + Article 139 Both the application for a procedure and the act requested by the party may be rejected. + Article 140 The application shall be recorded in the general register on the date of submission and the conclusion of the rejection shall bear the number of the application and the date + Article 141 The conclusion of rejection shall be drawn up no later than 5 days after the registration of the application or, as the case may be, from the date of completion of the citation procedure and must be reasoned in law and in fact, with the stipulation of the term in which it can be appealed skills. + Article 142 (1) Against the conclusion of rejection the dissatisfied party may complain, within 10 days of communication, at the court in whose territorial constituency the public notary operates. (2) The complaint shall be filed with the office of the notary public who refused the request, and he shall forward it to the court immediately, together with the case file. (3) The judgment of the complaint is made with the citation of all interested parties concerned. In settling the complaint the notary public has no standing. + Article 143 If the court admits the complaint, the notary public is obliged to comply with the remaining irrevocable court order and will make mention of it when drafting the act. The act will be fulfilled only after payment of the fee and the other fees and charges. + Section 10 Procedure of citation, communication and notarial notification + Article 144 The citation of the parties and the communication of procedural documents in the notary matter shall be made in accordance with the provisions of the Civil Procedure Code, republished, with subsequent amendments and completions + Article 145 The model of the citation and that of the notification will be determined by the regulation implementing this law. + Section 11 Other notarial procedures A. Legalization of signatures and seals + Article 146 (1) The public notary may legalize the signature of the parties only on the documents for which the law does not require the authentic form as a condition of validity of the act, in compliance with the provisions of (2) For the legalization of the signature, the parties will present the copies of the unsigned document. (3) The public notary will identify the parties, will convince themselves that they know the content of the document, after which it will ask them to subscribe to all the copies of the document. (4) In conclusion it will be shown that the essential conditions of the signature legalization have been fulfilled, within the meaning of art. 83 lit. g), by the following entries: a) date (year, month, day); b) the name of the party and the fact of its presentation c) the finding of subscription in front of the notary public of all copies of the document. (5) At the request of the party, the notary public may legalize the signature specimen of the person who will personally present himself at the headquarters of the notarial office and who will sign in front of the public notary. (6) For the legalization of the seal, the party will present it to the notary public who, after verification, will draw up the conclusion of legalization. B. Giving date to enrolment + Article 147 (1) The enrolment to which the definite date is to be given shall be drawn up in the number of copies required by the party. (2) In conclusion it will be shown that the essential conditions for the giving of the definite date have been fulfilled, within the meaning of art. 83 lit. g), by the following entries: a) date (year, month, day), and at the request of the party, and hour; b) the state in which the inscription and its peculiarities are; c) the name of the document as it appears in it or, in absentia, a name corresponding to the legal relationship found by that document. C. Certification of some facts + Article 148 (1) The public notary may certify the following facts which it finds personally: a) the fact that a person is alive; b) the fact that a person is in a certain place; c) that the person in the photo is the same as the person asking for certification; d) the fact that a person, as a result of an injunction or notification, has presented himself or not on a given day and at a certain time in a certain place, as well as its declaration; e) results of tomboles, draws, contests, advertising lotteries, organized by entities authorized in accordance with special normative acts, if not given, by law, in the competence of other bodies; f) certification of websites, computer programs or other products, if not given, by law, in the competence of other organs; g) certification of other facts that are not given in the exclusive competence of other organs. (2) The conclusion will also mention the time of the finding, as well as the deed that is certified. + Article 149 (1) The public notary certifies, upon request, the minutes or decisions of the collegial bodies of any associative forms, by a conclusion in which the date and place of the meeting will be mentioned, as well as the fact of the signing of the minutes or the decision by one or more of the participants. (2) In order to certify the minutes and decisions, the public notary determines the quality and identity of their signatories. D. Legalization of children after documents + Article 150 (1) The public notary shall issue legalized copies only from the original documents submitted by the parties, as issued in their original state, after the confrontation of the copy with the original. (2) In the case of legalization of the copy of identity documents or travel titles, the conclusion of legalization will be mentioned the purpose in which the copy is to be used. (3) Children may be legalized both from an original inscription in full and from determined parts thereof, provided that they do not distort the full meaning of the document. (4) On the copy, before the content of the act is played, the "EXTRAS" will be mentioned, and the corresponding mention will be made in the conclusion of its legalization. (5) In the application for the legalization of the copy, the document will be identified, specifying the number of copies requested by the party. A copy of the certified copy will be held on file. (6) The certified/legalized copies issued from the notary archives are valid for 6 months. (7) In conclusion it will be shown that the essential conditions of the legalization of the copy, within the meaning of art. 83 lit. g), by the following entries: a) attesting the conformity of the copy with the submitted document; b) the state of the registration; c) the signature of the secretary who made the collation; d) the name of the document as it appears in it or, in absentia, a name corresponding to the legal relationship found by that document. (8) If a document is legalized under the private signature or from the archive of the notarial office, in conclusion the express mention will be made in this regard. (9) If the confrontation of the copy with the original of the document requires a specialized training, the copy will be issued only on the basis of the confrontation carried out by an expert designated by the notary, according to the law. In this case, the conclusion is also signed by the expert. (10) Legalized copies of the notarial office archive on the documents issued by the notary shall be issued only to the parties, their successors and their representatives, as well as to those who justify a legitimate right or interest. Photocopying is made from the original in the archive, with all the mentions and changes made to the original until the date of release of the certified copy. (11) In order to legalize the copy of an original document drawn up in a language other than the Romanian one, that inscription will be translated into Romanian by an authorized translator and interpreter. The certified copy of the original document, accompanied by the translation into Romanian, will be issued to the party in the number of copies requested. A copy of these is kept in the archive of the notary. E. Making and legalizing translations + Article 151 (1) In order to carry out the translation, if it is not made by the public notary authorized for this purpose, the certified translator according to the law, who drew up the translation, will sign the formula of its certification, and the notary will legalize the signature the translator. The legalization of the translator's signature can also be done after the signature specimen submitted to the public notary's office. (2) If the inscription translates from the Romanian language into a foreign language or from a foreign language to another foreign language, both the certification of the translation and the legalization of the translator's signature by the notary public will also be made in the foreign language in which is the translation. F. Receipt in the deposit of documents and documents + Article 152 (1) Upon receipt in storage of the goods, documents and documents submitted by the parties, as well as the amounts of money, other goods, documents or documents found on the occasion of the estate inventory, the public notary shall mention, in conclusion, that they have fulfilled the essential conditions of receipt in the warehouse, within the meaning of 83 lit. g), by the following entries: a) the date of submission (year, month, day), and at the request of the party, and the b) identification of the documents or goods handed over, showing all the necessary data for this purpose; c) the name of the depositor and the person to whom the documents or goods must be issued; d) storage time. (2) The public notary may appeal to a specialized company for the purpose of fulfilling the procedure provided in par. ((1). If the notary public considers that he cannot ensure the optimal conditions for the performance of that procedure, he may refuse to fulfil it. G. Protest acts of cambies, cheques and other titles to the order + Article 153 The preparation of the protest acts of the cambies, cheques and other titles to the order is made under the conditions established by the special laws. H. Release of duplicates of notary documents + Article 154 (1) At the request of the party, the notary public may release a duplicate of an original act in its archive. (2) In the text of the duplicate, word shall be reproduced with word the contents of the document, and that of the conclusion by which the original registration was approved. In place of the original signature mention the surname and surname of each signatory. (3) The duplicate has the same probative force as the original inscription. ((4) The competence of the issuance of duplicates on the documents issued by the notary state or other bodies with notary activity belongs to the institution that took over their archive. I. Reconstruction of original documents + Article 155 (. The acts which have disappeared without remaining an original copy shall be reconstituted upon request, by conclusion, on the basis of the agreement of the parties or, as the case may be, of their successors. ((2) Reconstitution shall be made by the notary public at which his act was drawn up, if he ceased his quality, by the notary public who took over the archive or by the one designated for this purpose by the president of the Camera. Reconstitution shall be made with the citation of all parties or their successors. (3) In the absence of the agreement of the parties, the reconstitution of the missing acts will be made by the court in the constituency to which the notarial office has established the act, in accordance with the provisions of the Code of Civil Procedure, republished, with subsequent amendments and completions. (4) If the missing act has been drawn up by other bodies with notarial activity, the reconstitution shall be made by the court in the constituent of which the body which has drawn up its act is domiciled or the seat of one of the parties, where appropriate. + Chapter VI Control of notary activity, archive and activity record + Section 1 Control of notary activity + Article 156 (1) Notary acts are subject to judicial control, under the conditions of art. 157. (2) The activity of public notaries is subject to administrative professional control, under the present law + Article 157 (1) Notary acts may be appealed by the parties or by any person concerned by action for annulment at the court, in accordance with the provisions of the Code of Civil Procedure, republished, with subsequent amendments and completions. (2) At the same time, the disgruntled party may introduce a complaint against the conclusion of rejection of the application for a notarial act, within 10 days from the date when he became aware, at the court in the constituency of which he is based the notarial office that refused to perform the act. (3) The complaint shall be filed with the office of the notary public who refused the request, and he shall forward it to the court immediately, together with the case file. (4) The judgment of the complaint is made with the citation of all interested parties concerned. In the case of admission of the complaint, the court shall indicate in the judgment the manner in which the (5) The public notary is obliged to comply with the remaining final and irrevocable court decision *). ___________ Note *) See the footnote corresponding to the asterisk at the end of art. 74 74 para. ((11). + Article 158 (1) The administrative professional control shall be exercised by the National Union of Public Notaries through its governing council and shall consider: a) organization of the Chambers of Public Notaries and offices of public notaries; b) the quality of acts and works concluded by public notaries c) compliance with legal, statutory and deontological obligations. (. The Council of the Union may delegate to the Governing College of the Chamber the exercise of the control ((1) lit. b), in his constituency. (3) The Minister of Justice may order the control of the activity of public notaries through specialized inspectors. + Section 2 Archive and activity record + Article 159 (1) The archive of the notary activity is the property of the state and shall be preserved, preserved and surrendered under the law. (2) If the College Director of the Chamber finds after the checks that the obligations provided in par. (1), will proceed with the takeover of the archive to be preserved and preserved under the law. + Article 160 (1) The office of notary public will have its own archive and registry. ((2) The Secretariat will carry out operations regarding the receipt, registration and dispatch of correspondence, registration and filing of documents, keeping of registers, as well as other works of an auxiliary nature, necessary for the proper functioning of the activity Notary. (3) The public notary will also keep a financial-accounting record. + Article 161 (1) The room and its secondary offices will have their own archive and will be able to hold and preserve including the archive of notary offices, according to the approval of the Chamber's Director College. (2) Archives of the Chambers constituted under the conditions of par. (1), the archives of notary offices and notary national registers are of public utility. ((3) For the issuance of duplicates or legalized copies of the documents in these archives, for the correction of material errors or the completion of manifest omissions, as well as for the reconstruction of notary acts, the College of Directors shall designate a notary public. (4) For the issuance of certified copies of the documents in these archives, the College of Directors shall designate an employee with legal studies of the Chamber. ((5) The competence of the release of legalized children from the acts issued by the state notaries or other bodies with notarial activity, belongs to the institution that took over their archive. + Article 162 (. The following registers shall be operated at Union level: a) The notarial national register of successions (RNNES), in which the succession cases regarding Romanian citizens, foreigners or stateless persons with the last domicile abroad are registered, from which goods remained in Romania; b) Notary national register of liberalities (RNNEL), in which all the acts of donation are registered, the testamentary provisions, their revocation, as well as the retraction of their revocation; c) National notarial register of inheritance options (RNNEOS), in which all the notary acts regarding the acceptance and the waiver of inheritance are registered; d) Notary national register of the prosecutors and their revocations (RNNEPR), in which the percentages/mandates given for the purpose of concluding acts and the fulfilment of notary procedures are registered, as well as their acts of revocation; e) Notary national register of matrimonial property regimes (RNNRM), in which they register, for opposability to third parties, the matrimonial property regime chosen by the spouses; f) Notary national register of creditors of individuals and oppositions when performing the succession (RNNEC), in which they register, for opposability to third parties, creditors ' requests regarding the claims they have to a natural person. (2) The Union may establish other national notary registers necessary to carry out the activity of the public notaries and, respectively, the application of the provisions of the Civil Code, republished, as amended (3) Notary national registers provided in par. ((1) shall be kept in electronic form and on paper by the Union. (4) The transfer of information between public notaries and notary national registers held in electronic format shall be made only on electronic media, based on the qualified electronic signature of the user. (5) The organization and functioning of the registers provided in par. ((1), lit. a)-d) and f) and the procedure for their registration and consultation shall be established by decision of the Executive Office of the Council of the Union. + Chapter VII Transitional and final provisions + Article 163 The provisions of this law shall be supplemented by the provisions of the Civil Code, republished, as amended, and those of the Code of Civil Procedure, republished, with subsequent amendments and completions. + Article 164 The status of the National Union of Public Notaries, the normative decisions adopted by the Congress and the Council of the Union, the Statute of the Romanian Notary Institute and the Statute of the Public Notaries Insurance House shall be published in the Official Gazette of the Romania, Part I. + Article 165 Within 90 days from the date of entry into force of this Law *), the public notaries will proceed to the establishment of the Chambers of Public Notaries and the National Union of Public Notaries. ___________ Note * *) Law no. 36/1995 was published in the Official Gazette of Romania, Part I, no. 92 92 of 16 May 1995. + Article 166 The regulation implementing this law will be adopted by the Ministry of Justice, within 60 days of its entry into force * *). __________ Note ** **) See Order of Justice Minister no. 2.333/C/2013 on the approval of the Implementing Regulation Law of public notaries and notarial activity no. 36/1995 , published in the Official Gazette of Romania, Part I, no. 479 479 of 1 August 2013. + Article 167 (1) Upon completion of the term provided in art. 165 since the entry into force of the law, the duties of advertising and real estate, all works, records, transcription registers-inscriptions, pawnshops, as well as land books will pass into the jurisdiction of the courts in the constituency of which the notary state is located. (2) On the same date the names "notarized by the state", "notary of state", "secretariat" or "secretary", provided in the regulations in force on the duties of real estate advertising and furnishings introduced by Decree no. 378/1960 , are replaced by the names "judge", "judge", "graft" or "Registrar", as the case may be. (3) In order to carry out the tasks provided in (1), the courts will take over the necessary number of state notaries, as well as the staff with such advertising duties, existing at the state notations. + Article 168 Public notaries will start their activity after 6 months after the entry into force of this law. + Article 169 The local and county councils, prefects, as well as the Ministry of Justice have the obligation to make available to the public notaries, at their request, the necessary spaces for the proper organization and functioning of the public services they provides, by rent, without auction. + Article 170 (1) Public Notaries will hire, as a matter of priority, junior notaries, administrative and service auxiliary staff from state notariats. (2) The remaining staff available will be assigned by redistribution by the Ministry of Justice, in its system, under the law. + Article 171 (1) The notarial works in progress at the notary state will be completed until the date of the takeover of the activity by the public notaries, in accordance with the procedure established in this law. (2) The archive of the notaries of state that ceases its activity will be handed over to the courts in whose territorial constituency it is located. (3) The succession clauses which continue to have time for debate, after the end of the work of the notary state, will be handed over to the public notaries whose offices are located in the district of the court within which the deceased had his last domicile, according to the criteria set by the House Director College + Article 172 (1) Notary offices constituted under the conditions of this law may organize secondary offices in the localities of the same territorial district where no offices of public notaries have been established. (2) If, subsequently the establishment of a secondary office, in that locality establishes its main office a notarial office, the secondary headquarters shall be abolished. (3) The registration of the secondary office is made in compliance with the procedure provided in 39 39 para. ((1). + Article 173 Whenever in other normative acts the expression "notarized by the state" or "notary of state" is used will be understood the "office of the public notary" and, as the case may be, "notary public". + Article 174 At the expiry of the period art. 168, Decree no. 387/1952 regarding the pursuit of debts by way of notarial, Decree no. 40/1953 on the notarial succession procedure, Decree no. 377/1960 for the organization and functioning of the State Notary and the Regulation on the application Decree no. 377/1960 for the organization and functioning of the State Notary, approved by H.C.M. no. 1.518/1960 , and any other provisions to the contrary shall be repealed. + Annex The rooms of the public notaries, their territorial constituencies and the localities where the main offices are located No. Crt. The counties included in the territorial constituency of the Chamber of Public Notaries The locality where the main office is located 1 Alba Iulia Alba Hunedoara Sibiu Municipality Alba Iulia 2 Bacau Bacau Neamt Municipality Bacau 3 Brasov Brasov Covasna Municipality Brasov 4 Bucharest Calarasi Ialomita Ilfov Giurgiu Teleorman Bucharest Municipality Bucharest 5 Cluj Bistrita-Nasaud Cluj Maramures Salaj Municipality Cluj-Napoca 6 Constanta Constanta Tulcea Municipality Constanta 7 Craiova Dolj Gorj Mehedinti Olt Municipality Craiova 8 Galati Braila Galati Vrancea City of Galati 9 Iasi Iasi Vaslui Municipality Iasi 10 Oradea Bihor Satu Mare Municipality of Oradea 11 Pitesti Arges Valcea Municipality Pitesti 12 Ploiesti Buzau Prahova Dambovita Municipality Ploiesti 13 Suceava Botosani Suceava Municipality Suceava 14 Targu Mures Harghita Mures Municipality Targu Mures 15 Timisoara Arad Caras-Severin Timis Timisoara Municipality ________