This section includes answers to some of the most commonly asked questions in daily practice. Details regarding what is required and necessary for the different types of notary activities (legalization of Power(s) of Attorney, vehicle sale contracts, etc.) can be found in the Activities section, and samples for some documents and forms - in the Forms section.

Question:
Can a Power of Attorney document be legalized, without the person granting the powers/rights appearing in person before the notary?

Answer:
No, and it is absolutely illegal to do so. According to the provisions of the Civic Procedure Code (CPC), regulating notary activities, in order for a signature on a document to be certified, the individual(s), whose signature(s) need to be certified, must appear in person before the Notary and sign the document, or to confirm that the signature(s) already placed on the document is/are authentic. Failure to comply with this requirement renders the legalization/certification null and void. In addition to that, any Notary who commits such an offence, bears criminal liability, in accordance with the provisions of the Penal Code. The logic behind the need to appear in person before the Notary, is to assure the Notary directly that it is precisely this individual, who has signed the respective document, and that he/she has done so according to his/her own will and with clear understanding of all consequences of this action. So, whenever you request from a Notary to legalize some document in absentia (without the presence of the person who signed it) and he/she refuses to do so, don’t get angry at him/her. The Notary will just be fulfilling his obligation in accordance with the law. Besides, what faith and trust would you have in a Notary who agrees to do that? Tomorrow, it might turn out, that he has legalized a false document, supposedly signed by you, and you will have to bear the consequences.

Question:
Do Power(s) of Attorney have a term of validity?

Answer:
If there is no specific term or duration of validity (expiration date) indicated in the Power of Attorney, it is assumed to be valid until revoked by the Assignor of the powers/rights, until the Assignee revokes it, or until one of the two - Assignor or Assignee dies (or in the case of a legal entity - if it terminates its existence). In practice, most institutions require the Power of Attorney to bear a more recent date, in order to be reasonably sure, that the Assignor is still alive and has not changed or revoked his/her will. Since the revocation of a Power of Attorney is a complicated procedure, it is advisable to indicate a term of validity (or expiration date) in the text of the document.

Question:
Is it necessary for the Assignee to be present at the legalization of the Power of Attorney?

Answer:
No, it isn’t. The assignment of rights/powers is an expression of the personal will only of the Assignor (the person who assigns the Power(s) of Attorney) and only his/her signature needs to be certified.

Question:
Why does the Notary request the presence of the other spouse (husband/wife) at the sale of vehicles or real estate property, despite the fact that the title is in the name of only one of the spouses?
Answer:
According to the provisions of the Family Code, all property of the spouses - property, rights over property and monetary funds, acquired during the course of their marriage is considered to be family property (joint spousal property), which has been acquired as a result of joint efforts. Therefore, it does not matter in whose name the ownership title to a property is issued. All dispositions of joint spousal property must be done in the presence of both spouses together. This rule does not apply only to such property (incl. real estate), which has been acquired by right of succession (inheritance) and donation, as well as such property, acquired as a result of the so-called “transformation of personal property.”