What do I need to know about the notary?

 

I have to get out - a notary deed! So I have to go to a person called a notary who can help me. Of course I will have to pay some sum - there is nothing free.

 

Who can do notarial activity?

The notary is a person to whom the State has assigned certain functions. In any city where there is a district court, there must be at least two places for notaries, but they do not necessarily have to be occupied. If the place of notary for any reason is free, the law provides for the notary's activity to be performed by other bodies:

 

full notary activity is carried out by the recording judge when there is no notary in the given district but there is a district court.

where there is neither a notary nor a district court, the notary jurisdiction arises for the mayor, deputy mayor or the secretary of the municipality. They can only perform certain notarial activities. These are certificates of signature of private documents documents that are not subject to entry, signatures and content of the power of attorney and the authenticity of transcripts and extracts.

when I am abroad, I can contact the Bulgarian Consul to certify the date, content and signature of private documents that are not subject to entry, the authenticity of transcripts and extracts or to draw up a notarial will.

it is good to know that Bulgarian captains can also perform certain notarial acts, to keep handwritten wills and to certify signatures of documents that are not subject to entry in the land register.

I can check the notaries for the respective settlement on the website of the Notary Chamber.

 

How is the proceedings before a notary?

I can submit in person or through a representative a verbal request to any notary or other notarial body when I want to certify something. This may be document date verification, for example, to oppose third-party pledge; the contents of a document when I want to protect the document from subsequent corrections; signature when I compiled the document; a copy of which proves that the document existed with the corresponding content on the date of certification; notary invitations and more.

 

In some cases, the application must be in writing and addressed to the notary in whose area the property is located. These are the cases when I want a deed to be issued to me:

 

by which I am transferring or establishing a right in rem on a property - for example, the sale of an apartment, the right to build, the addition or the upgrading;

when I want to certify ownership of the real estate;

when recording, marking or deleting them.

When the notary is a real estate agent, the parties must appear in person. We may have drawn up a draft of the notarial deed beforehand, in which we must specify the most important terms of the transaction. If we do not have a project, the notary will prepare it.

 

The next duty of the notary is to check whether there is no impediment to drafting the deed - whether the deal is legal and whether there is no reason for it to withdraw, for example, if it is interested in the transaction.

 

When everything goes wrong, the notary should check our identity, whether we are adult, and if we are another - our powers of attorney.

 

After all these checks, the notary reads the draft of the notarial deed. Then we have to ask if our true will is read, and only after "Yes" we have to write down the names and sign the act.

 

A notary deed may be issued for any transaction, but for those with whom I am transferring property or establishing real rights over real estate, the notarial form is obligatory. Therefore, when I want to sell my property or set up a limited right of ownership (right to build, build and upgrade), in addition to the procedure described above, I have to show the notary a document of ownership of the property that is entered. So he will check if I own the property. As with a request for a notarial deed for legal transactions, here too we can apply a draft deed.

 

When the notary refuses to perform the action I have requested, I can appeal the refusal to the competent district court.

 

What are the notary fees and when do I have to pay?

For each service rendered by a notary or a body performing notarial activities, I have to pay a fee specified in the Fee for Notary Fees to the Act. I have to pay a fee, not only when some of the notarial acts described above have been performed but also when other actions by a notary have been carried out, for example oral and written consultations.

 

The fee is paid to the notary in whose official records the action is recorded and it is not possible to negotiate amounts other than those specified in the Tariff. Where two or more respondents are responsible for payment of the obligation to the notary, the notary shall have the right to claim the full amount only