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THE REPUBLIC OF LITHUANIA

THE REPUBLIC OF LITHUANIA THE REPUBLIC OF LITHUANIA LAW ON THE NOTARY OFFICE 15 September 1992, No.I-2882 Vilnius Chapter 1 I. General Provisions Article

  1. The Concept of the Notary Office The notary office shall be the whole of notaries who, in accordance with this Law, are granted the right to legally establish the undisputed subjective rights and legal facts of natural and legal persons, and to ensure the protection of the legal interests of these persons and the state. Article
  2. The Notary Notarial acts shall be performed by the notary who establishes their own bureaus. Several notaries may establish one bureau upon concluding a joint activity agreement. The conclusion of these agreements shall be regulated by the Ministry of Justice of the Republic of Lithuania. The notary shall act on behalf of the state, and on the base of laws, shall ensure that there are no illegal transactions or documents in civil legal relations. Notaries shall be appointed and dismissed by the Minister of Justice of the Republic of Lithuania. Article
  3. The Right to Assume the Office of Notary The Citizen of the Republic of Lithuania who has higher legal education, has been a notary (assessor) candidate for at least three years, and has passed the notary qualification examination may become the notary. These requirements shall not be applied to citizens of the Republic of Lithuania who have scientific degrees or who have at least ten years experience as a lawyer. Article
  4. Notary (Assessor) Candidates Notary (assessor) candidates shall be accepted by the Minister of Justice of the Republic of Lithuania. The House of Notaries shall establish conditions for the education of notary candidates and shall pay them grants. Article
  5. The Notary Oath The person appointed as the notary shall take an oath before the Minister of Justice of the Republic of Lithuania prior to beginning his or her duties. He or she shall swear the following words: " I, notary ..............., swear to be faithful to the (name, surname) Republic of Lithuania, to adhere to its Constitution and laws, to always be conscientious, and to faithfully execute the office of notary. So help me God." The last sentence may be omitted from the oath. The notary shall sign the text of the oath. This text of his or her oath shall be kept in the notary's personal file. The person appointed as the notary but who does not take the oath may not perform the duties of notary. Article
  6. The Number of Notaries, their Principal Office, and their Territory of Activity The number of notaries shall be established by taking into account the needs of legal services rendered to residents. The number of notaries, their principal office, and the territory of their activity shall be established by the Ministry of Justice of the Republic of Lithuania. The notary may perform notarial acts beyond the serviced territory only when he or she is summoned by the person concerned to the person's home or medical institution. Conditions must be created on the premises of the notary bureau for the adequate service of residents and for the assurance that notarial acts will be kept confidential. The notary must open his or her bureau and insure him or her in the established manner within 3 months of the day that he or she is appointed; failure to do so shall be considered a resignation from the office of notary. Article
  7. Supervision of Notary Activities Supervision of notary activities shall be exercised by the Ministry of Justice of the Republic of Lithuania. The Ministry of Justice of the Republic of Lithuania shall examine the fairness of notarial acts, shall implement measures to unify the notarial practice, and shall analyse the statistics of notarial acts. Article
  8. The House of Notaries and the Procedure for the Adoption of Their Statute Notaries of the Republic of Lithuania shall assemble at the House of Notaries, which is in Vilnius, the capital of the Republic of Lithuania. The House of Notaries shall be a legal person. The Statute of the House of Notaries shall be adopted by the meeting of the House of Notaries and approved by the Minister of Justice of the Republic of Lithuania. Article
  9. Objectives of the House of Notaries The main objectives of the House of Notaries shall be: 1) the coordination of notary activities; 2) the observation that notaries improve their qualifications; 3) the defence and representation of notaries' interests in institutions of state power and administration; 4) the preparation of draft standard acts on issues of the notary office and their presentation to the Ministry of Justice of the Republic of Lithuania; and 5) the implementation of other objectives provided in the Statute of the House of Notaries. Article
  10. Functions of the House of Notaries While implementing its objectives, the House of Notaries: 1) shall check that notaries honestly carry out the duties of their office; 2) shall organise refresher courses and seminars for notaries; 3) shall make propositions to higher institutions concerning the issues of notary activities; 4) shall allocate monetary resources for the improvement of notaries' qualifications; 5) shall conclude contracts, in the established manner, which insure notaries against possible claims for damage inflicted on legal or natural persons while performing notarial acts; 6) may require information from notaries concerning executed notarial acts; and 7) shall fulfil other functions provided in the Statute of the House of Notaries. Dues shall be collected from notaries for carrying out the functions of the House of Notaries; the amount thereof shall be established by the meeting of the House of Notaries. Article
  11. Relations of the House of Notaries and the Ministry of Justice of the Republic of Lithuania While implementing its duties and functions, the House of Notaries shall cooperate with the Ministry of Justice of the Republic of Lithuania and shall annually present it with an account of its activity. The Ministry of Justice of the Republic of Lithuania shall hear the opinion of the House of Notaries concerning the chief issues of notary activities, and may repeal resolutions and decisions of the House of Notaries which do not correspond to the laws of the Republic of Lithuania. Article
  12. The Independence of Notaries Notaries shall exercise their powers without heeding the influence of institutions of state power and administration, and shall only obey the law. Article
  13. Legal Bases for the Performance of Notarial Acts In their activities, notaries shall follow the Constitution of the Republic of Lithuania, this Law and other laws of the Republic of Lithuania, decrees and directives of the Government of the Republic of Lithuania, standard acts of the Ministry of Justice of the Republic of Lithuania, and decrees of the House of Notaries. Article
  14. Assurance of Confidentiality of Notarial Acts Notaries must ensure the confidentiality of notarial acts. Certificates concerning notarial acts and documents shall only be issued to legal and natural persons on the instructions of whom the notarial act was performed, or to their representatives. Upon the request of judicial, prosecution, investigation, and interrogation bodies, certificates about notarial acts and documents shall be issued concerning the criminal and civil cases belonging to them. Certificates concerning wills shall be issued only after the death of the testator. Rules for the confidentiality of notarial acts shall also be applied to persons who cease working as notaries, as well as to persons who have learned about notarial acts while performing official duties. The party of the transaction, the successor of its rights and its legal representative may release the notary from secrecy of notarial acts. If one party has died, the Ministry of Justice may release the notary from the pledge of secrecy. Article
  15. The Language of Notary Work The work of notaries shall be conducted in the Lithuanian language. If the person asking that notarial act be performed does not know the state language (Lithuanian), texts of registered documents must be translated by the notary or a translator. If the notary knows a foreign language, notarial documents may be written in the foreign language as well upon the request of the citizens. Article
  16. Responsibility of the Notary The notary who violates the requirements of laws or other standard acts shall be responsible in the procedure established by law. Article
  17. The Notary Seal The notary shall have the seal with the Lithuanian State emblem, his or her surname, and the name of the principal office. Article
  18. Use of State Symbols The notary shall have the right to use the Lithuanian State emblem on his or her business forms and signs. Article
  19. Notary Income The notary shall charge fees for the performance of notarial acts and legal and technical services, the amount of which shall be established by the Ministry of Justice of the Republic of Lithuania. The notary shall indicate the amount of the charged fee in each notarial document. Article
  20. Restriction of Notary Activities The notary shall not be permitted to engage in other occupational activities, with the exception of pedagogical and scientific research work. The notary shall not have the right to cooperate with employees of other occupations in joint commercial economic activities. Article
  21. Organization of Work of the Notary Bureau The notary shall work freely and shall be economically independent. At his or her own discretion, the notary shall hire employees needed for the bureau's work and shall pay them salaries. The notary shall purchase or rent premises for the bureau, and shall buy necessary equipment and other articles. Article
  22. Notary Representation If the notary is not able to perform the duties of office for more than a week (for reason of holidays, illness, etc.), he or she must inform the Ministry of Justice of the Republic of Lithuania of this, and the Ministry shall appoint a notary representative. Only the person who has passed the notary qualification examination or who has been accepted as a notary candidate may be appointed as a notary representative. The notary shall pay his or her representative salary during this period. Article
  23. Termination of Notary Activities The notary activities shall be terminated when: 1) the notary dies or is dismissed from office; 2) the notary loses citizenship of the Republic of Lithuania; 3) the notary commits a crime; 4) the notary is prohibited from performing notary duties by court decision; 5) the notary, due to illness or lameness, is declared incapable of performing notary duties by the physicians' commission or when the notary refuses, without a valid reason, to be examined by such a commission; 6) the notary becomes an insolvent (falls into debt); or 7) the notary reaches the age of
  24. Article
  25. Continuity of Notary Activities Upon the termination of notary activities, the Ministry of Justice of the Republic of Lithuania shall make a decision about further notary activities and the continuation of notarial acts which have not been performed yet, and shall assign a candidate until the appointment of a new notary. Article
  26. Execution of Notarial Acts Abroad Notarial acts specified in this Law shall be executed for citizens of the Republic of Lithuania who are abroad by consular agencies of the Republic of Lithuania. Chapter 2 Notarial Acts Performed by Notaries and Consular Agencies Article
  27. Notarial Acts Performed by Notaries Notaries shall perform the following notarial acts: 1) authentication of transactions (agreements, wills, powers of attorney and others); 2) the taking of measures for the protection of inheritable property; 3) issue of certificates of the right of inheritance; 4) issue of certificates of the property right to a part of a married couple's common property; 5) enforcement of prohibitions on the conveyance of property which must be registered; 6) confirmation of the authenticity of copies of documents and their extracts; 7) confirmation of the authenticity of document signatures; 8) confirmation of the authenticity of document translation from one language to another; 9) certification of the fact that a citizen is alive and is in a definite place; 10) receipt of documents for storage; 11) certification of the time of presentation of documents; 12) handing over of applications of one legal and natural persons to other legal and natural persons; 13) receipt on deposit money and securities; 14) making of executive records according to the documents approved by the notary; 15) receipt of sea protests. Article
  28. Notarial Acts Performed by Consular Agencies of the Republic of Lithuania Consular agencies of the Republic of Lithuania shall perform the following notarial acts: 1) authentication of transactions (agreements, wills, powers of attorney and others) with the exception of contracts on the conveyance and mortgaging of real estate which is in the Republic of Lithuania; 2) taking measures for the protection of inheritable property; 3) issue of certificates of the right of inheritance; 4) issue of certificates of the property right to a part of a married couple's common property; 5) confirmation of the authenticity of document copies and their extracts; 6) confirmation of the authenticity of document signatures; 7) confirmation of the authenticity of document translation from one language to another; 8) certification of the fact that a citizen is alive and is in a definite place; 9) receipt of documents for storage; 10) certification of the time of presentation of documents; 11) receipt on deposit money and securities; 12) making of executive records according to documents approved by consular agencies; 13) receipt of sea protests. Chapter 3 Basic Rules of Performing Notarial Acts Article
  29. The place of Performing Notarial Acts Notarial Acts may be performed at any notary except in cases of property inheritance. Notarial acts shall be performed in the notary's bureau. Notarial acts may be performed in other premises if the citizens for whom the acts are performed are not able to come to the notary's bureau for a valid reason (illness, disability, etc.). The place where notarial acts are performed by consular agencies of the Republic of Lithuania shall be established by legal acts regulating the activities of consular agencies of the Republic of Lithuania. Article
  30. Terms of Performing Notarial Acts Notarial acts shall be performed immediately after the required documents have been submitted and the fixed fee has been charged. Article
  31. Explanation of the Meaning and Consequences of Notarial Acts Notaries must explain the meaning and consequences of performing notarial acts to persons who want to perform such acts. Article
  32. Identification of Persons who Request the Performance of Notarial Acts, Verification of their Competence and the Authenticity of their Signature When performing notarial acts, the notary shall identify natural persons, their representatives, or the representatives of legal persons. When attesting transactions, the competence of natural persons shall be established and the legal capacity of legal persons participating in the transactions shall be verified. When attesting wills, the notary must indicate in it that he or she has verified the competence of the testator. If a representative makes a transaction, his or her powers of attorney shall be verified. When attesting transactions and performing other notarial acts and in cases provided by laws of the Republic of Lithuania, the authenticity of the signatures of parties to the transactions and other persons who request to perform notarial acts shall be verified. The manner for the identification of a person shall be stated by the notary in the drawn document. Article
  33. Procedure for Signing Notarial Documents Transactions attested by the notary as well as applications and other documents shall be signed in the presence of the notary. If a transaction, application or other document is not signed in the presence of the notary, the person who signed must personally affirm that he or she has signed the transaction, application or other document. If a citizen is not able to personally sign a transaction, application or other document due to physical defect or other reasons, the transaction, application or other document, upon that citizen's request, may be signed by another citizen stating the reason why the former is not able to sign. Article
  34. Restriction on the Right to Perform Notarial Acts Notaries shall not have the right to perform notarial acts for themselves or in their name, for their spouse, or for their or their spouse's relatives. Parents, foster-parents, children, foster-children, grandchildren, grandparents, brothers, and sisters shall be included among the relatives stated in the first part of this article. Notarial acts performed in violation of the rules established in this article shall be invalid. Article
  35. Drawing up of the Notary Documents Notary documents must be written clearly and exactly, and terms, dates and numbers related to the contents of the document must be written in words at least once. Names of legal persons must be written in full at least once and their addresses must be stated. Article
  36. Documents Not Attested by a Notary Documents in which there are corrections, additions, crossed out words, and other not discussed corrections, as well as documents written in pencil may not be attested or authenticated. Article
  37. The Inscription of Authentication In documents authenticated by the notary, the notary shall write the inscription of authentication, sign it and affix his or her own seal. Article
  38. Registration of Notarial Acts Notarial acts shall be registered in the notarial register. The following information about the registered notarial act must be stated in the register: 1) the number of the notarial act; 2) the date of the notarial act; 3) the name and place of residence or principal office of the natural or legal person or their representative; 4) the contents of the notarial act; 5) the amount of the charged fee; 6) the signature of the person receiving the document. The number of the notarial act shall be written in the document issued by the notary. The register entry shall be proof that the notarial act has been performed. Article
  39. Issue of Extracts from the Notarial Register The notary shall issue extracts from the notarial register in accordance with the written application of legal and natural persons for whom, or on the instructions of who, notarial acts have been performed. Article
  40. Issue of Duplicates of Lost Documents If a document attested or issued by a notary is lost, a duplicate of the lost document shall be issued in accordance with the written application of the parties of the transaction. A duplicate of a will may be issued to legatees stated in the will when they present the death certificate of the testator. Article
  41. Refusal to Perform Notarial Acts A notary must refuse to perform notarial acts if the performance of such a notarial act violates laws or does not meet the requirements of laws. Upon the request of the person for whom a notarial act is refused to be performed, the reason for the refusal shall be set forth in writing and the procedure of the appeal against the refusal shall be explained. Legal acts regulating the activities of consular agencies may establish other bases for consular agencies of the Republic of Lithuania to refuse to perform notarial acts, as well as to establish the procedure for such refusal. Article
  42. Appeal Against Notarial Acts or Refusal to Perform Them The concerned person, who believes that the performed notarial act or refusal to perform a notarial act is incorrect, shall have the right to appeal against it in court which corresponds to the place of the notary bureau. Appeals against notarial acts incorrectly performed by an official of a consular agency or against refusal to perform it shall be examined in accordance with the procedure established by legal acts regulating the activities of consular agencies of the Republic of Lithuania. Article
  43. Appeals Against the Actions of a Notary which are not Related to the Performance of Notarial Acts Appeals against the actions of a notary which are not related in essence to the performed notarial acts shall be examined by the Ministry of Justice of the Republic of Lithuania, or at its behest - by the House of Notaries. Article
  44. Methodical Rules of the Performance of Notarial Acts Methodical rules of the performance of notarial acts shall be approved by the Ministry of Justice of the Republic of Lithuania in conjunction with the House of Notaries. Article
  45. Forms of Notarial Registers, Certificates, and Inscriptions of Authentication Forms for registers for the registration of notarial acts, notarial certificates, inscriptions of authentication in transactions and certifying documents shall be established by the Ministry of Justice of the Republic of Lithuania. Chapter 4 Peculiarities of Issuing Authentications of Transactions and Certificates of Property Article
  46. Transactions Authenticated by Notaries A notary shall authenticate transactions which, in accordance with laws, must be drawn in the notarial form. Upon the wish of the parties, those transactions which in accordance with laws may not be authenticated by the notary shall be authenticated as well. Transactions authenticated by a notary in which the parties incorrectly state the price of the transaction shall be invalid. Article
  47. Authentication of Contracts Concerning Transactions on the Conveyance and Mortgaging of Real Estate and Other Types of Property for Which State Registration is Necessary When authenticating transactions on the conveyance and mortgaging of real estate for which state registration is necessary, notaries shall verify whether the real estate belongs to the person who is conveying or mortgaging it, as well as whether the spouse has given written consent if the real estate is the property of a married couple. It shall be stated in the contract on the conveyance of the real estate that the contract shall enter into force upon its registration within three months with the mortgage agency. Article
  48. Transaction Witnesses Upon the wish of the parties of a transaction or of the testator, witnesses may be present while performing notarial acts who shall sign the document as well. Persons for whom notarial acts are performed may not be witnesses. Article
  49. Authentication of Wills Notaries shall authenticate the wills of competent citizens which are drawn up in accordance with the requirements of the Civil Code of the Republic of Lithuania. The citizen to whom property is left shall have the right to be present while the will is being drawn up if the testator so wishes. Wills which are not authenticated by a notary may be authenticated by court in accordance with the legatees' action. Article
  50. Certification of Powers of Attorney A notary may certify a letter of attorney addressed to one or several persons and being issued to one or several persons. Article
  51. The Number of Copies of Documents wherein the Contents of Transactions are Divulged A notary shall be presented with at least two copies of authenticated contracts, wills, powers of attorney and other documents wherein the contents of documents are divulged, and one of the copies shall be left in the notary's files. Article
  52. Issue of Certificates upon the Mutual Appeal of Spouses Upon the mutual written appeal of spouses, a notary shall issue to one or both of them certificates of the property right to a part of common property acquired by the spouses during their marriage. Article
  53. Issuance of the Certificate upon the Death of a Spouse According to a written appeal, certificates of the property right to a part of a married couple's common property may be issued to the spouse who remains living for half of the common property which was acquired during the marriage. If property in the common joint ownership of a married couple is registered in the name of the living spouse, a certificate establishing the part of the the deceased spouse may be issued upon the consent of the former. Upon the death of one spouse, a certificate of property right shall be issued by the notary of the place where the inheritance comes into existence. Chapter 5 Application of the Law on the Notary Office to Foreigners. International Contracts Article
  54. Notarial Acts for Foreigners, Foreign Enterprises and Foreign Organizations Foreigners shall have the right to apply to a notary or the consular agency of the Republic of Lithuania on their own or through their authorized representatives according to the same procedure as citizens of the Republic of Lithuania. Foreign enterprises and organizations shall have the right to apply to notaries and consular agencies of the Republic of Lithuania. Foreigners and legal persons of other states may make transactions concerning the transference of real estate which is in the Republic of Lithuania only on the basis of the permit of the Government of the Republic of Lithuania or an authorized body thereof. Article
  55. Acceptance of Documents Which are Drawn up Abroad in Notary Bureaus of the Republic of Lithuania Documents which are drawn up abroad with the participation of authorities of the foreign state shall be accepted by notaries of the Republic of Lithuania if they are legalized by institutions of the Ministry of Foreign Affairs of the Republic of Lithuania. Documents which are not legalized shall be accepted by notaries of the Republic of Lithuania if it is so established by laws of the Republic of Lithuania, international contracts and agreements to which the Republic of Lithuania is a party. Article
  56. International Contracts and Agreements If international contracts or agreements to which the Republic of Lithuania is a party establish rules for notarial acts other than those provided in laws of the Republic of Lithuania, the rules of the international contract or agreement shall be applied in the performance of notarial acts. Vytautas Landsbergis President Supreme Council Republic of Lithuania

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