Details added: first version posted on January 23, 15:49
BAKU, Azerbaijan, January 23. Notarial rules for registration and state registration of real estate are being amended in Azerbaijan, Trend reports.
President of Azerbaijan Ilham Aliyev has signed the law on an amendment to the law "On notary".
According to the amendment, agreements on registration of a property subject to state registration for oneself or its mortgage are confirmed on the basis of documents confirming the ownership of the property being registered or pledged, on vehicles, as well as on their verification by a body (institution) determined by the relevant executive authority or on the basis of data received in real time from the electronic information system.
For the conclusion of notarized and (or) registered agreements on the disposal of real estate in common ownership by one of the spouses, a notarized consent of the other party is required.
An extract from the state register of real estate on the performance of notarial acts in relation to real estate, a description of this property, information in the state register on registered rights to this property and their restriction (encumbrance) are obtained from the state register through the e-government information system in real time by a notary or other officials who have the right to perform notarial acts in cases established by law.
These documents and information are reflected automatically in electronic form in the relevant information system used by a notary or other officials who have the right to perform notarial acts.
If there is a ban on property, an agreement on registration of property for oneself can be approved only if there is the consent of the creditor and the recipient to transfer the debt to the name of the recipient of the property.
When approving a pledge agreement on the registration of property subject to registration for oneself, the consent provided for by part two of this article is required.
Approval of agreements on the disposal of real estate, performance of other notarial acts in relation to real estate and state registration of property rights are carried out on the basis of the "one window" principle in the manner prescribed by this Law and the law "On state register of real estate".
The law “On notary” was adopted in 1999. It consists of 20 chapters and 94 items.
The previous amendment to the law “On notary”, except for the cases provided in the second and third parts of Article 29 of this law, were approved by the head of state on March 1, 2021. According to the amendment, in cases where exemptions from payment of state duty on notarization are provided in accordance with the “Law on State duty” of the Republic of Azerbaijan, the duty and fees for notarization shouldn’t be paid to notaries.