Notarial Services
General Information

Notarial acts in the diplomatic representations and consulates of the Republic of Azerbaijan are conducted by authorized officials—consuls.

Consuls perform the following notarial acts:

1. Certify agreements and powers of attorney, except for contracts concerning the alienation of real estate located on the territory of the Republic of Azerbaijan and the encumbrance of such property;
2. Take measures for the protection of inherited property;
3. Issue certificates of inheritance rights;
4. Issue certificates of ownership rights in the joint property of spouses;
5. Confirm the accuracy of copies of documents and extracts from documents;
6. Certify the authenticity of signatures on documents;
7. Confirm the accuracy of translations of documents from one language to another;
8. Certify the fact that a person is alive;
9. Certify the fact that a person is in a specific location;
10. Confirm the identity of a person in a photograph;
11. Certify the time of document submission;
12. Accept deposits of money, securities, and wills for the execution of obligations;
13. Keep execution records;
14. Accept documents for safekeeping;
15. Draft maritime protests;
16. Provide evidence.

In addition, the consul may draft contracts, applications, and other documents, prepare copies of documents and extracts from them, provide advice regarding the execution of notarial acts, and request documents and information from physical and legal persons necessary for carrying out these acts.

The consul cannot perform notarial acts in their own name and on behalf of their spouse, their relatives (parents, children, grandchildren, grandparents, as well as brothers, sisters, uncles, aunts, their children) and on behalf of persons working with that consul.

Administrative documentation related to notarial activities is conducted in the state language of the Republic of Azerbaijan.

If a person applying for a notarial act does not know the language in which the documentation is conducted or requests that the notarial act be performed in a different language, the consul will, to the extent possible, prepare the texts of the documents in the desired language or have them translated by a translator who presents a document confirming their knowledge of the appropriate language.

If a person does not know the language in which the document is drafted, they sign the document in a language they understand.

Notarial acts are carried out only after the state duty is paid for the applicant.

Registration of Notarial Acts

All notarial acts performed by the consul are recorded in the relevant notarial register:

1. The certification of the accuracy of copies of documents and extracts from documents is recorded in register "1-S";
2. Wills, certificates of inheritance rights, and certificates of ownership rights are recorded in register "2-V";
3. All contracts, except for those concerning the alienation of real estate, are recorded in register "3-M";
4. Deposit actions are recorded in register "5-D";
5. Legalization of documents is recorded in register "6-L";
6. The following notarial acts are recorded in register "7-E":
   • Measures taken to protect inherited property;
   • Confirmation of the authenticity of signatures on documents;
   • Confirmation of the accuracy of translations of documents from one language to another;
   • Confirmation of the fact that a person is alive;
   • Confirmation of the fact that a person is in a specific location;
   • Confirmation of the identity of a person in a photograph;
   • Confirmation of the time documents were presented;
   • Keeping records of execution;
   • Accepting documents for safekeeping;
   • Drafting maritime protests;
   • Providing evidence.

The consul provides extracts from the notarial register based on the written application of legal and physical persons for whom notarial acts have been performed or based on the decision of a court, investigation, and inquiry authority. The extract from the notarial register is confirmed by the consul with an official seal.

Refusal to Perform Notarial Acts

The consul may refuse to perform notarial acts in the following cases:

• If the performance of notarial acts is against the law;
• If the notarial act should be performed by another consul, notary, or official;
• If a person who lacks legal capacity or the necessary authority has applied for the performance of the notarial act;
• If a contract signed on behalf of a legal entity contradicts the purposes specified in its charter or regulations;
• If a contract has been concluded that does not meet the legal requirements;
• If the documents do not comply with the legal requirements or contain information that could damage the honor and dignity of individuals;
• If the content of the contract does not correspond to the true intentions of the parties.

The consul must issue a reasoned decision regarding the reasons for the refusal within three days at the request of a person who has received a refusal for the performance of a notarial act and must explain the procedure for filing a complaint. A person who believes that the notarial act or refusal to perform the notarial act is unjust can appeal the consul's decision to the relevant court.

If the consul discovers that individuals or certain officials have violated the law while performing a notarial act, they inform the relevant authorities, organizations, or prosecutor's office.

If the authenticity of a submitted document is in doubt, the consul must take the document and send it for examination.

Complaints about actions that are not related to the essence of notarial acts (such as exceeding the time limits for performing notarial acts, non-compliance with established working hours, rudeness, etc.) are considered by the Ministry of Foreign Affairs of the Republic of Azerbaijan.

If illegal actions of the consul result in material damage to individuals, organizations, or the state, they will bear material responsibility as stipulated by the legislation of the Republic of Azerbaijan. The amount of the damage caused is determined by agreement of the parties or through judicial proceedings.

State Duty

A state duty in a specified amount is collected for notarial acts performed by the diplomatic representations and consulates of the Republic of Azerbaijan.

The state duty for performing notarial acts is transferred to the state budget. When the consul travels outside their workplace to perform notarial acts, the actual transportation costs must be borne by the interested party (the person who applied for the notarial act).

According to the Law of the Republic of Azerbaijan on “State Duty”, the rates of state duty for performing notarial acts are determined.

According to Article 17.4 of the Law of the Republic of Azerbaijan on “State Duty” dated 2001, in addition, heirs and testators pay for the actual costs of the protection of immovable inherited property, room rental, security, transportation, travel, postal, stationery, and other expenses. The state duty is paid in advance according to the estimated storage period of the documents, and any incomplete month is considered completed.

Exemptions from State Duty

According to Articles 11.1 and 17.1 of the Law of the Republic of Azerbaijan on “State Duty” dated 2001, the state duty is not charged in the following cases when performing notarial acts in the diplomatic representations and consulates of the Republic of Azerbaijan:

• To obtain documents confirming birth, death, adoption, and paternity (maternity);
• For powers of attorney issued for the receipt of pensions, allowances, aid, and alimony;
• For the certification of agreements and wills concerning the donation of property for the benefit of the Republic of Azerbaijan;
• For the protection of property left after the death of crew members of ships, aircraft, and other vehicles of the Republic of Azerbaijan, as well as its citizens.