Armenia Notary Qualification cheat sheet

The Constitution of Armenia (1995, as amended) is the supreme law; constitutional provisions on property, inheritance, and judicial protection directly frame notarial functions.

Article 31 of the Constitution guarantees the right to own property; Article 36 protects the right of inheritance - both are core substantive anchors for notarial work.

The notariat operates under the Law on the Notariat; notarial acts are public acts performed on behalf of the state, giving them heightened evidentiary weight.

Administrative legality principle: notarial acts must conform to statutes and subordinate normative acts; a notary has no discretion to certify an act contrary to mandatory law.

Notaries are self-governing through the Notarial Chamber; state oversight is exercised by the Ministry of Justice, while professional discipline is handled by chamber bodies.

The right to judicial appeal of a notarial act or refusal to perform one flows from the constitutional right to judicial protection and from the Law on the Notariat.

Administrative acts affecting notarial status (licensing, disciplinary decisions) are reviewable in administrative proceedings under the Administrative Procedure Code.

Notarial acts are issued in the state language, Armenian; documents in foreign languages require certified translation attached to the act.

Legal capacity (ability to have civil rights) arises at birth and ends at death; full dispositive capacity arises at 18, with limited capacity for minors (14–18) and none below 14.

A transaction requires conforming expression of will; void transactions include those contrary to law, feigned/sham transactions, and those by a fully incapacitated person.

Voidable transactions (e.g., concluded under duress, fraud, or by a person unable to understand the act) must be challenged in court; limitation period for invalidity claims is generally 3 years.

Representation by power of attorney is gratuitous by default; a power of attorney for transactions requiring notarization must itself be notarized.

A power of attorney terminates on expiry, revocation by the principal, death or incapacity of either party, or completion of the authorized act.

Obligations must be performed properly and in good faith; monetary obligations may carry statutory or contractual interest for delay (default interest).

Assignment of claim (cession) requires the same form as the original transaction; a notarized obligation requires a notarized assignment.

Civil liability for breach includes damages (actual loss + lost profit) and, where provided, penalty (contractual or statutory forfeit).

Rights in immovable property (ownership, mortgage, servitude, lease over one year) arise, transfer, and terminate upon state registration in the unified cadastre.

Ownership includes rights of possession, use, and disposal; the owner bears the burden of maintaining the property and risk of accidental loss unless law or contract provides otherwise.

Common joint property of spouses is presumed unless a marriage contract provides separate or shared regime; common shared property allocates defined fractions.

A servitude (easement) may be established by agreement (subject to registration) or by court for the needs of a neighbor; it runs with the land.

Mortgage (hypothec) over immovable property must be notarized and registered; it secures the obligation and gives the creditor priority over the pledged asset.

Pre-emption rights: co-owners of shared property have a right of first refusal on sale of a share; the seller must notify co-owners with price and terms.

A transaction for the sale of immovable property must be in writing and notarized; transfer of ownership occurs on registration, not on signing.

Possession in good faith, open and continuous, of immovable property for the statutory period (typically 15 years under civil law) can ground acquisitive prescription, subject to registration.

Inheritance opens at the place of the deceased's last residence and at the moment of death; the notary at that place opens the inheritance file.

Statutory heirs are ranked; first-rank heirs are children, spouse, and parents of the deceased; later ranks inherit only if prior ranks are absent or renounce.

A will must be made in writing and notarized; holographic wills are generally not valid unless the law expressly recognizes an exceptional form (e.g., in emergency, subject to court confirmation).

A notarized will may be revoked or amended at any time by a later notarized will; revocation may also be effected by a notarial declaration.

Acceptance of inheritance: heirs may accept by application to the notary within six months of the opening; silence does not constitute acceptance.

Renunciation of inheritance is irrevocable and must be made in writing to the notary within the acceptance period; renunciation in favor of a specific person is limited by law.

A certificate of inheritance right is issued by the notary after verifying the circle of heirs, the will (if any), and the absence of disputes; disputes are resolved by court.

The compulsory share protects certain heirs (e.g., minor or disabled children, surviving spouse, parents) at a statutory fraction of the intestate share, overriding the will to that extent.

Marriage is concluded in the civil registry office; religious marriage alone has no civil effect unless registered.

Property acquired during marriage is presumed common joint property unless a marriage contract, or evidence of separate acquisition (gift, inheritance, premarital), shows otherwise.

A marriage contract may regulate property rights, maintenance, and division; it must be notarized and may be modified or terminated only by notarized agreement or court.

Personal property (premarital, gifts, inheritance, personal-use items) remains separate and is not subject to division, though improvements from common funds may give rise to compensation.

Division of common property may be by agreement (notarization recommended/required for immovables) or by court; the limitation period for division claims is generally three years from knowledge of violation.

Parental rights and duties arise from registered parentage; a child's paternity may be established by joint application or by court.

Adoption requires court decision; the notary may certify consents and related documents where the law requires a notarial form.

Alimony (maintenance) obligations may be established by notarized agreement between the parties; an enforcement instrument may be issued by the notary for such agreements.

Notarial acts include certification of transactions, wills, powers of attorney, certified copies, signatures, and issuance of enforcement instruments.

The notary verifies identity, capacity, and voluntariness of the parties; the act is read aloud and signed in the notary's presence.

A notarial certification of a transaction requires the personal appearance of the parties or duly authorized representatives with notarized powers.

A notarial enforcement instrument (execution inscription) is issued on a debt instrument acknowledged by the debtor; it must meet statutory form and is enforceable without a court judgment.

Certified copies must reflect the original; the notary records the fact of certification and retains a copy in the file.

Notarial protest of a bill of exchange and certification of circumstances (e.g., time of presentation) are evidentiary acts with statutory effect.

The notary may refuse to perform an act where statutory conditions are unmet; refusal must be reasoned and issued in writing, with a right of appeal.

Fees and tariffs for notarial acts are set by law; the notary may not charge beyond the statutory tariff, and receipts must be documented.

A notary is a public official (independent profession) appointed and licensed under the Law on the Notariat; the notary exercises public authority in a defined notarial district.

Qualification requirements include legal education, professional internship, and passing the qualification examination administered by the Ministry of Justice and the Notarial Chamber.

A notary may not engage in entrepreneurial activity or hold incompatible offices; conflicts of interest must be avoided.

Notaries are members of the Notarial Chamber; the Chamber maintains professional standards, discipline, and continuing education.

A notary's office must be accessible to the public within the district; the notary keeps a seal and official records.

Disciplinary liability of a notary includes warnings, suspension, and ultimately removal from office; grounds include violation of law, ethics, and record-keeping duties.

A notary's status ends on resignation, loss of license, incapacity, or removal; the Chamber arranges for transfer of the notarial archive.

Notarial acts enjoy a presumption of legality and are subject to challenge only through statutory procedures (appeal to court or disciplinary proceedings).

Every notarial act is entered in a register (reestr) with sequential numbering, date, parties, and a summary of the act; the register is a public-record document.

The notarial file (delo) retains originals or copies of documents, evidence of identity, and the act text; retention periods are set by archival rules.

Notarial documents are archived; upon termination of a notary's practice, the archive is transferred to the Notarial Chamber or designated state archive.

Access to notarial records is restricted; copies and information are provided only to the parties, their representatives, and authorities as provided by law.

The notary verifies identity via passport or equivalent document; the verification is recorded in the act.

Where a transaction requires consent of a spouse, the notary must verify such consent; absence renders the act subject to challenge.

Procedural steps: application, identity verification, capacity check, drafting, reading aloud, signing, registration, and issuance of the act.

Errors in a notarial act may be corrected by a corrective act or by court; the notary may not alter a signed act unilaterally.

Notaries are subject to AML/CFT obligations as reporting entities for certain transactions (e.g., real estate, high-value transactions, trust arrangements).

Customer due diligence (CDD) includes identification of the client and beneficial owner, verification of identity, and understanding the purpose of the transaction.

Enhanced due diligence applies to politically exposed persons (PEPs) and high-risk jurisdictions; simplified due diligence is limited to low-risk cases.

Suspicious transaction reports are filed with the Financial Monitoring Center (FMC) without tipping off the client; reporting is confidential.

Record-keeping for AML purposes requires retention of identification data and transaction records for the statutory period (typically five years).

Ethical duties: impartiality, confidentiality, avoidance of conflicts of interest, and refusal of acts that facilitate illegality.

Professional discipline is initiated by the Chamber or Ministry of Justice; sanctions range from reprimand to suspension and removal.

Breach of AML obligations can trigger administrative liability and referral to disciplinary bodies, independent of criminal liability.

Notarial enforcement instruments are enforced through the compulsory enforcement service (bailiff service) under the enforcement law; the creditor applies to the service with the instrument.

A debtor may challenge a notarial enforcement instrument in court within the statutory period; enforcement may be suspended pending the challenge.

Court proceedings are initiated by a statement of claim; the notary may be summoned as a witness or third party in disputes over notarial acts.

The limitation period for challenging a notarial act or refusal is short (generally within a month/three months of knowledge), per procedural rules.

Enforcement is conducted by bailiffs; the notary's role is limited to issuing the instrument and providing certified copies.

The notary may be required to produce the notarial file or testify in court; confidentiality is lifted to the extent necessary for the proceedings.

A court judgment recognizing a notarial act as invalid restores the parties to their prior position; registration entries are corrected accordingly.

Appeals against a notary's refusal follow administrative procedure: complaint to the Chamber or court within statutory deadlines.

Certification of a signature on a document confirms only the identity of the signatory, not the content's legality; the notary must state the scope of certification.

Certification of a copy requires comparison with the original; the notary marks the copy as certified and retains the original or a copy in the file.

A power of attorney for real estate transactions, inheritance matters, or enforcement must be notarized; a general power may authorize a range of acts.

Wills and marriage contracts require notarial form; a notarized will is registered in the notarial register and, where applicable, in the central will register.

The notary verifies the legal capacity of the testator at the time of the will; subsequent incapacity does not invalidate a validly executed will.

An enforcement instrument must state the parties, the obligation, the amount, the due date, and the debtor's acknowledgment; defects render it unenforceable.

The notary may certify the time of presentation of a document (e.g., bill protest) and record the fact in the register.

Notarial acts are executed in the Armenian language; foreign-language documents require certified translation by a sworn translator.

Jurisdiction over disputes involving notarial acts generally lies with the court at the defendant's location or the location of the notary, per civil procedure rules.

A claim to invalidate a notarial act is a civil claim; the burden of proof lies on the party asserting invalidity.

Interim measures (injunction) may be sought to suspend enforcement of a notarial enforcement instrument pending resolution.

The enforcement service acts on the basis of an enforcement instrument; the debtor is notified and given a voluntary compliance period.

The notary's refusal to perform an act must be issued in writing; the applicant may appeal to the Chamber or to court within the statutory period.

Court costs and notarial fees are distinct; the notary's fee is set by tariff, while court fees follow the civil procedure code.

A court decision invalidating a notarial act is binding on the parties and requires correction of the cadastral or register entry.

The notary may be held liable for damages caused by an unlawful act; liability is determined by court in civil proceedings.

State registration of immovable property rights is constitutive for transfer; an unregistered sale transfers no ownership.

A mortgage secures the creditor's claim; on default, the creditor may enforce through a notarial enforcement instrument or court.

Co-ownership: a co-owner may sell a share only after offering it to other co-owners on the same terms; violation gives a right to claim transfer.

A lease of immovable property for more than one year must be registered; a notarized lease is common in practice.

Servitudes may be terminated by agreement, by court, or by merger of the dominant and servient estates.

Ownership of an apartment in a multi-unit building includes a share in common areas; the notary verifies the cadastral data.

A transaction involving a minor's property requires prior consent of the guardianship authority; the notary must verify such consent.

Registration data (cadastre) is the primary evidence of rights; discrepancies must be resolved before notarization.

The place of opening of inheritance is the deceased's last residence; if unknown, the location of the property or the notary designated by law.

Heirs must be identified through documents (birth, marriage, death certificates); the notary verifies the circle of heirs.

A will may be challenged in court on grounds of incapacity, duress, or form defects; the notary's file is evidence.

An heir who accepts inheritance is liable for the deceased's debts only up to the value of the inherited property.

The certificate of inheritance is issued after the six-month acceptance period; late acceptance requires court permission or consent of other heirs.

A testamentary trust (legacy) may impose obligations on an heir; the notary ensures the legacy is not contrary to mandatory law.

The notary may certify a will in a hospital or at home where the testator is unable to attend; the form and witnesses must comply with law.

Inheritance disputes are resolved by court; the notary's role is limited to the administrative proceedings (opening the file, issuing the certificate).

A marriage contract must be notarized; it may regulate property, maintenance, and division but cannot restrict personal rights or the rights of children.

Property acquired during marriage is presumed common; the burden of proving separate property lies on the spouse asserting it.

Division of common property may be by notarized agreement; a notarized agreement on immovable property requires registration.

A spouse's consent is required for transactions involving common immovable property; the notary verifies consent.

Alimony agreements may be notarized; the notary may issue an enforcement instrument for unpaid alimony under such agreement.

Parental consent for a minor's transactions must be verified; the notary checks the guardianship authority's approval where required.

Marriage registration is a prerequisite for marital property rights; cohabitation without registration does not create common property rights.

A marriage contract may be modified or terminated by notarized agreement or by court; unilateral change is not permitted.