Bulgarian Assistant Notary Exam cheat sheet

Notaries are appointed by the Minister of Justice on the recommendation of the regional notarial chamber; the appointment is a public-law office, not an employment relationship.

The notarial district is fixed by the appointment; a notary may not practise outside the district except where the law expressly permits substitution or assistance.

An assistant notary must meet the statutory qualification requirements (law degree, legal experience, passed examination) and be entered in the register kept by the chamber.

Substitution rules: a notary may be replaced by an assistant notary or another notary designated under the statutory procedure; the substituting person acts in the notary's name and under his responsibility.

A notary is disqualified from acting where he, his spouse, a lineal relative or a person in a similar close relationship is a party or representative, or has a direct interest in the act.

Notarial acts are performed in the notary's office; acts outside the office are permitted only in the cases and manner fixed by law (e.g., a party's serious illness, official necessity).

The notary keeps a notarial archive and a register of acts; the archive passes to the successor notary or to the chamber on termination of office.

Notarial secrecy covers the content of acts and facts learned in office; release from secrecy requires statutory grounds or the parties' consent in the form required by law.

Notarial acts divide into: notarial deeds (notarski akt) for acts requiring the form of a notarial deed, and notarial certifications (signatures, transcripts, copies, dates, protests).

Validity elements of a notarial deed: competence of the notary, personal appearance of the parties or duly authorized representatives, verification of identity, reading/approval of the text, signing, date, place, and the notary's signature and seal.

Identity is verified by an official identity document; the type and number of the document are recorded in the act. Representatives must produce a power of attorney whose form and content are checked by the notary.

The notary must read the act to the parties or give it to them to read, note any amendments, and record that the requirements were observed before signature.

Blind or illiterate parties: the act is read aloud in the presence of witnesses where the law requires; the fact and the witnesses' particulars are stated in the act.

The notary refuses to perform an act that is contrary to law, public order or good morals, or where a party lacks capacity or refuses the required identification; the refusal is issued in writing with reasons.

Errors in a notarial act are corrected by a corrective act (popeshchavane) executed by the same notary or his successor, with the parties present or duly represented.

The notarial deed is evidence of the statements made before the notary; its enforceability as an enforcement title depends on the statutory conditions (e.g., monetary obligations).

Signature certification (notarialno udostoverjavane na podpis) attests that the signature was placed in the notary's presence by the identified person; it does not attest the content's truth or legality.

The person signing must appear personally before the notary; signature certification cannot be done on the basis of a previously signed document alone.

The certification inscription states the certifying notary, the person whose signature is certified, the date and place, and bears signature and seal.

Transcripts (prepisi) reproduce the full content of the original; copies (prepisi/prekopi) may reproduce the document in whole or in part; the type must be stated accurately.

Certification of a transcript requires the original document or a certified transcript; the notary notes the number of pages, deletions, corrections and any illegible parts.

Documents in a foreign language require translation by a sworn translator where the law or the parties require; the notary certifies the translator's signature and the conformity of the translation.

Certification of the date of a private document (datum) confirms only the date on which the document was presented; it does not certify the content.

Certification of the conformity of a copy with the original does not extend to the legal validity of the original document.

The law fixes which transactions require a notarial deed (e.g., transfer of ownership of immovable property, establishment of real rights, certain family and inheritance acts); other acts may be certified with a notarial certification of signatures or content.

A notarial deed for immovable property must identify the property by its cadastral or other statutory identifiers, the title of the transferor, and the encumbrances entered in the property register.

Before executing a deed transferring real rights, the notary checks the property register for registered rights, encumbrances, bans and pending entries affecting the property.

The notary verifies payment of the statutory fees and taxes, or the existence of a statutory exemption, before releasing the deed for registration.

Where the law requires, the notary sends the deed or a transcript to the property register for registration within the statutory time limit.

Certification of the content of a legal act (udostoverjavane na saderzhanie) attests that the declared statements were made, not their truth; the distinction from a notarial deed must be observed.

A notarial deed must state the parties' declarations on the essential terms; the notary may not draft terms contrary to mandatory law even at the parties' request.

The notary retains a copy of each executed deed in the archive and issues certified transcripts on request of persons with a legal interest.

Marriage contract (brachen dogovor) and agreements on property relations between spouses require notarial certification of signatures and content as fixed by the Family Code.

A notarial deed is required for a contract on transfer of ownership of immovable property between spouses; the notary verifies the matrimonial property regime (statutory community or contractual separation).

Inheritance is opened at the deceased's last domicile; the notary competent for the inheritance proceeding is determined by the statutory rules on local jurisdiction.

The notary conducting the inheritance proceeding establishes the heirs, the estate, the debts, and issues a certificate of inheritance (svidetelstvo za nasledstvo) after the statutory period for claims.

A will may be made in notarial form; holographic and other forms are recognized only where the law provides, and the notary verifies the testator's capacity and freedom of will.

Acceptance and renunciation of inheritance are declared before the notary competent for the inheritance; the declaration is irrevocable once made within the statutory period.

The reserved share (zapazen del) of forced heirs is calculated on the estate value; the notary reduces excessive dispositions to protect the reserved share.

A spouse's share in the estate is determined after separation of the matrimonial property; the notary records the composition of the community property in the inheritance file.

Real rights are numerus clausus: ownership, right of use, right of construction, servitude, mortgage, and the statutory rights of first refusal; parties cannot create others.

Ownership of immovable property transfers by a notarial deed and registration in the property register; the notarial deed is a title, registration is the mode of acquisition against third parties.

The property register is public; the notary checks the register entries (ownership, encumbrances, bans, pending entries) before certifying a transaction.

A mortgage is created by a notarial deed or by a notarized contract and is registered; a registered mortgage follows the property on transfer.

Co-ownership: shares are presumed equal unless the title proves otherwise; partition is by agreement in notarial form or by court action where the parties disagree.

Neighbour relations and boundaries: a boundary agreement may be certified by the notary; the notary verifies the cadastral documents and the parties' titles.

The right of construction (pravo na stroezh) and servitudes are established by notarial deed and registered; their content must be precisely defined.

Acquisitive prescription periods and the requirement of continuous possession are statutory; the notary does not decide prescription but may certify declarations relating to it.

A contract is concluded when offer and acceptance meet; the notarial form is required only where the law or the parties agree; the notary verifies the parties' capacity and consent.

Essential elements of a contract of sale: parties, object, price; the notary verifies the object's identity and the seller's title, particularly for immovables.

Invalidity: nullity for illegality, immorality or lack of form required by law; voidability for error, fraud, threat, or incapacity; the notary must refuse to certify a null act.

The notary verifies performance or security arrangements where the law requires (e.g., payment of the price, release of encumbrances) before executing a deed of transfer.

Penalty clauses, earnest money (kaparo) and option agreements may be certified; the notary ensures the terms are clear and lawful.

Assignment of claims and assumption of debts require the debtor's or creditor's consent as fixed by law; certification of signatures may be required for registration.

Contractual penalties and interest are subject to statutory limits and usury rules; the notary may not certify terms contrary to mandatory law.

The notary must inform the parties of the legal consequences of the act where the law requires, and record the advice given in the deed.

Commercial transactions between merchants are governed by the Commercial Act; the notary verifies the merchant's registration and representative authority from the commercial register.

A company's articles and amendments requiring notarial form (e.g., transfer of shares in an LLC, establishment deeds) must be executed before a notary and filed for registration.

Security devices: mortgage, pledge (zalog), bank guarantee, suretyship; a registered pledge over a going concern or movable assets requires entry in the central pledge register.

A mortgage deed must state the secured claim, the maximum secured amount where applicable, the property, and the debtor; registration gives priority by time of entry.

The notary checks the commercial register for the representative's authority and any limitations; a representative acting without authority cannot bind the company.

Bills of exchange and promissory notes may be protested by the notary for non-acceptance or non-payment; the protest must be drawn within statutory time limits.

Secured claims in enforcement: a mortgagee or pledgee may seek enforcement through the statutory procedure; the notary's deed is an enforcement title where the law so provides.

Transfer of a going concern or of a registered trademark may require notarial form and registration; the notary verifies the entries in the respective registers.

A notarial deed containing a monetary obligation may be an enforcement title if the law so provides; enforcement is carried out by a state or private enforcement agent.

The enforcement agent serves the debtor with a notice to pay voluntarily within the statutory period; after expiry, enforcement measures (seizure, sale) follow.

Objections to enforcement are raised before the court by claim; the notary's role is limited to issuing certified transcripts of the enforcement title.

The notary issues a certified transcript of the notarial deed for enforcement purposes; the transcript must contain the enforcement clause where required.

Interim measures (obespechitelni merki) may be ordered by the court; the notary may certify a guarantee or security required by the court.

Court proceedings: the notary may be required to produce archive documents or testify; notarial secrecy is balanced against the court's statutory powers.

Recognition of foreign notarial acts: apostille or legalization is required; the notary verifies the formalities before certifying a transcript for use abroad.

Time limits for appeals and procedural acts are statutory; the notary must date acts accurately as the date may determine procedural consequences.

Notarial fees are set by the Tariff for Notarial Fees; the fee depends on the value of the transaction or the statutory base for non-monetary acts.

For transactions with a declared value, the fee is calculated on the higher of the declared value and the tax valuation where the law so requires; the notary verifies the base.

Additional charges: fees for transcripts, certifications, and services outside the office; the notary must issue a receipt and keep a fee register.

The notary may not demand fees exceeding the tariff; discounts and surcharges are permitted only where the tariff provides.

Ethics: independence, impartiality, confidentiality, and avoidance of conflicts of interest; the notary may not act for both sides where interests conflict.

Advertising and solicitation of clients are restricted; the notary may not share fees with non-notaries or pay commissions for referrals.

The notary is liable for damage caused by unlawful acts in office under the statutory regime; disciplinary liability is enforced by the chamber.

The notary must maintain professional competence and comply with continuing education requirements set by the chamber.

Notaries are obliged persons under the anti-money-laundering legislation when participating in transactions listed by law (e.g., transfer of immovables, creation of companies, trusts, or management of client assets).

Customer due diligence: identify the client and the beneficial owner, verify identity from reliable documents, and obtain information on the purpose and nature of the business relationship.

Enhanced due diligence applies to politically exposed persons, high-risk jurisdictions, and complex or unusually large transactions with no apparent economic purpose.

The notary must report suspicious transactions to the Financial Intelligence Directorate without informing the client (tipping-off prohibition).

Record-keeping: the notary keeps identification documents and transaction records for the statutory period, available to the supervisory authority on request.

The notary may not execute an act where identity cannot be verified or where the transaction is suspected of money laundering; a refusal must be documented.

Risk assessment: the notary applies a risk-based approach, documenting the risk profile of clients and transactions in the file.

Supervision is exercised by the supervisory authority designated by law; breaches lead to administrative and disciplinary sanctions.