News
August 12, 2013
THE AUTHENTIC NOTARY ACT IS GIVEN A NEW FORM AS OF AUGUST 12, 2013
Power of attorney documents, declarations, contracts, matrimonial conventions and all authentic acts shall be made in one single original exemplary. This shall be signed by the parties, and shall remain in the archives of the notary.
The person requesting the authentic act shall receive from the notary a document that has THE SAME PROOF VALUE as the original document. On its first page, the document given by the notary shall have the mentioning: DUPLICATE .
The duplicate has the same content as the original, but does not bear the parties signatures. The duplicate bears the signature and seal of the notary , as well as the number and date of authentication of the original.
This new form of the authentic act does not entail any additional cost for the client, neither does it tie him/her to the notary who made the act. Should the client need certified true copies of the act, he/she may always request them from the notary office, provided that he has a duplicate.
However, in case of loss of the duplicate which was issued upon authentication, the party must request a new duplicate from the notary that made it. This is not an inconvenient for the client, but simply a continuation of the procedure that has always been in place for cases of loss or distruction of the originals of authentic acts.
The new Regulation for the enforcement of the Law of Public Notaries and Notary Activity nr. 36/1995 of 24.07.2013, published in the Official Gazette, Part I nr. 479 of 01/08/2013, also brings additional changes: a new procedure for authenticated translations, the creation of an IT Register of debtors - physical persons, the possibility to liquidate by public auction illiquid estates with pending debts