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Georgian Notary Qualification Exam study materials
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Georgian Notary Qualification Exam practice questions

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Question 1Georgia notarial qualification: authenticate legal relations within the actual statutory role

Under Article 3 of the Law of Georgia on Notaries, what is the legal status of a notary public in Georgia?

  1. An independent and impartial professional who exercises state authority through notarial actions, whose practice is not entrepreneurial activity and who is not a public officer Correct answer.
  2. A merchant whose notarial practice is an entrepreneurial activity carried on for profit
  3. A civil servant employed inside the administrative hierarchy of the Ministry of Internal Affairs
  4. A private arbitrator appointed exclusively by commercial banks

Explanation

Article 3(1)-(2) of the Law of Georgia on Notaries makes a notary independent in professional activities and independent and impartial in performing notarial actions, exercising state authority through notarial and related actions. Article 3(3) states that a notary’s activities are not entrepreneurial activities or a source of profit, Article 3(6) makes the notary personally liable for damage caused by official activities, and Article 3(9) provides expressly that a notary is not a public officer.

Question 2Georgia notarial qualification: authenticate legal relations within the actual statutory role

Under Article 51 of the Law of Georgia on Notaries, how are notarial actions recorded?

  1. They are recorded in a paper ledger kept privately by each notary and destroyed after one year
  2. They are registered in the Electronic Notary Registry, each action receives its own reference number that is placed on issued documents and endorsements, and an excerpt is issued on written application Correct answer.
  3. They are published in full in the Legislative Herald of Georgia
  4. They need not be recorded at all if both parties agree in writing

Explanation

Article 51(1) of the Law of Georgia on Notaries requires notarial actions performed by notaries, and by the officials referred to in Articles 42 and 43, to be registered in the Electronic Notary Registry. Article 51(2) gives each performed action its own reference number, which is placed on the documents and endorsements issued, and Article 51(3) allows the notary to issue an excerpt from the Registry on the written application of the person at whose request or with regard to whom the action was completed.

Question 3Georgia notarial qualification: authenticate legal relations within the actual statutory role

Under Article 47 of the Law of Georgia on Notaries, which situation bars a notary from performing a notarial action?

  1. The applicant is a foreign citizen holding temporary residence
  2. The property being transferred has a value exceeding 50,000 GEL
  3. The notary, or the notary’s parents, spouse, children, grandchildren, grandparents, brothers, sisters or the children of the spouse, participate in the action personally or through a representative Correct answer.
  4. The transaction takes place outside normal banking hours

Explanation

Article 47(1) of the Law of Georgia on Notaries bars a notary from performing a notarial action in which the notary, or the notary’s parents, spouse, children, grandchildren, grandparents, brothers, sisters or the children of the spouse participate personally or through a representative. Article 47(2) extends the bar to certifying a transaction involving an enterprise founded on the capital of the notary or those relatives where the notary knows of it, and Article 47(3) makes any action performed in violation of the article void.

Question 4Georgia notarial qualification: authenticate legal relations within the actual statutory role

Under Article 8 of the Law of Georgia on Notaries, what is the scope and duration of notarial confidentiality (სანოტარო საიდუმლოება)?

  1. Confidentiality expires exactly five years after the notary retires from office
  2. A notary may freely disclose client transactions to commercial marketing agencies
  3. Confidentiality applies only to criminal cases and not to civil property contracts
  4. The notary must keep confidential the information learned in connection with official activities, and the obligation remains effective even after the notary is dismissed from the post, subject to the statutory exceptions in the article Correct answer.

Explanation

Article 8(1) of the Law of Georgia on Notaries requires a notary to keep confidential the information learned in relation to official activities and provides that the obligation remains effective even after dismissal from the post. Article 8(2)-(5) set the exceptions: information may be given to the person at whose request or with regard to whom the action was performed, to an investigation body or court for pending cases, to a tax authority on property value, and to the Financial Monitoring Service for transactions under the anti-money-laundering legislation. Article 8(3) allows disclosure about a will only after the testator’s death.

Question 5Georgia notarial qualification: authenticate legal relations within the actual statutory role

Under Article 52 of the Law of Georgia on Notaries, what must a notary do when refusing to perform a requested notarial action?

  1. Draw up the resolution on refusal in writing, transfer it to the person concerned not later than three days from drawing it up, and explain the procedure and deadline for appealing it Correct answer.
  2. Verbally dismiss the applicant without giving any reason
  3. Inform the municipal police to detain the applicant
  4. Refer the applicant to a private lender

Explanation

Article 52(1) of the Law of Georgia on Notaries lists the grounds for refusal - the action would contravene the legislation of Georgia, the documents submitted do not comply with the established requirements or contain material degrading honour and dignity or contrary to moral standards, or a participant is not authorised or legally capable or applies in a language unknown to the notary with no translator available. Article 52(2) requires the refusal resolution to be proved in writing and transferred to the person not later than three days from drawing it up, and Article 52(3) obliges the notary to explain the procedure and deadline for appealing it.

Question 6Georgia notarial qualification: authenticate legal relations within the actual statutory role

Under Articles 38 and 40 of the Law of Georgia on Notaries, what is a notarial writ of execution (სააღსრულებო ფურცელი)?

  1. A preliminary draft of a divorce petition submitted to a court
  2. An enforcement document issued by a notary on a written application of the creditor, on the basis of a matured claim for payment of monetary indebtedness or assignment of title to property, which is enforced under the Law of Georgia on Enforcement Proceedings Correct answer.
  3. A certificate of good health required for immigration purposes
  4. A document terminating a notary’s authority to practise

Explanation

Article 38(1)(o) lists the issuance of a writ of execution among notarial actions, and Article 38(5) allows a notary to issue it on the basis of a matured claim for the payment of monetary indebtedness or the assignment of title to property - and, on request, for compulsory enforcement against mortgaged or charged property - where the parties consent and the notary explains the legal consequences in writing in the notarial act. Article 40 governs the creditor’s written application, and Article 40(5) provides that enforcement follows the Law of Georgia on Enforcement Proceedings and that an appeal does not suspend it.

Question 7Georgia notarial qualification: authenticate legal relations within the actual statutory role

Under Article 369 of the Civil Procedure Code of Georgia, what is the time limit for filing an appeal against a judgment of a court of first instance?

  1. Seven calendar days from the announcement of the operative part
  2. Fourteen days, running from the day the reasoned judgment is handed over to the party, and this period may not be extended or restored Correct answer.
  3. Thirty business days from the date of the hearing
  4. Six months from the date the judgment enters into force

Explanation

Article 369(1) of the Civil Procedure Code sets the time for filing an appeal at 14 days, running from the day the reasoned judgment is handed over to the party, and provides expressly that this limit may not be extended or restored. Under Article 369(2), if the person entitled to appeal is present when the reasoned judgment is announced, the period runs from the announcement.

Question 8Georgia notarial qualification: authenticate legal relations within the actual statutory role

Under Article 60 of the Constitution of Georgia, how is the Constitutional Court of Georgia composed?

  1. Fifteen judges appointed for life by the President of Georgia
  2. Seven judges elected annually by the Notary Chamber of Georgia
  3. Nine judges appointed for a term of 10 years - three by the President of Georgia, three elected by Parliament by at least three fifths of its total membership, and three appointed by the Supreme Court Correct answer.
  4. Five judges appointed by the Minister of Justice for renewable five-year terms

Explanation

Article 60(2) of the Constitution of Georgia composes the Constitutional Court of nine judges appointed for a term of 10 years: three appointed by the President of Georgia, three elected by Parliament by a majority of at least three fifths of its total membership, and three appointed by the Supreme Court. A judge must be a citizen of Georgia aged at least 35 with a higher legal education and at least 10 years of specialised professional experience, and may not have previously held the office.

Question 9Georgia notarial qualification: authenticate legal relations within the actual statutory role

Under Article 11 of the Law of Georgia on Notaries, what is the age limit for holding the office of notary in Georgia?

  1. 55 years
  2. 60 years, extendable by the Notary Chamber
  3. There is no age limit; appointments run for life
  4. 70 years Correct answer.

Explanation

Article 11(3) of the Law of Georgia on Notaries, as amended in 2022, fixes the age limit for a notary to hold the position at 70 years. The earlier rule tying the limit to the public-service age ceiling with a possible five-year ministerial extension no longer applies.

Question 10Georgia notarial qualification: authenticate legal relations within the actual statutory role

Under Article 4 of the Law of Georgia on Notaries, what is the institutional status of the Notary Chamber of Georgia (საქართველოს ნოტარიუსთა პალატა)?

  1. A legal entity under public law, set up on the self-government principle and based on the mandatory membership of public notaries Correct answer.
  2. A voluntary charitable club that notaries may join or leave at will
  3. A joint-stock company listed on the stock exchange
  4. A division of the Supreme Court of Georgia

Explanation

Article 4(1) of the Law of Georgia on Notaries establishes the Notary Chamber as the association of public notaries set up under the self-government principle and based on the mandatory membership of public notaries, and Article 4(5) makes it a legal entity under public law. Article 4(2)-(4) give it the tasks of representing and protecting notaries’ interests, organising the internship of candidates and supporting qualification, with a general meeting as its highest body and the board as its executive and regulatory body.

Question 11Georgia notarial qualification: authenticate legal relations within the actual statutory role

Under Article 5 of the Law of Georgia on Public Registry, what evidentiary status do registered data enjoy?

  1. Registry data are purely advisory and carry no presumption of truth
  2. Registered data are subject to a presumption of authenticity until they are declared invalid or null and void under the procedure determined by the legislation of Georgia Correct answer.
  3. Registry data are confidential and cannot be inspected by prospective buyers
  4. Entries in the registry expire automatically after 30 days

Explanation

Article 5 of the Law of Georgia on Public Registry provides that data registered in the Public Registry are subject to the presumption of authenticity until they are declared invalid or null and void under the procedure determined by the legislation of Georgia. Article 312 of the Civil Code carries the same presumption into private-law acquisitions in favour of a person acquiring a right from a registered holder.

Question 12Georgia notarial qualification: authenticate legal relations within the actual statutory role

Under Article 13 of the Law of Georgia on Public Registry, how is priority determined between competing applications for registration?

  1. The application with the highest transaction value takes precedence
  2. Domestic citizens always take priority over foreign entities
  3. Where several mutually exclusive rights over one object are submitted, only the right submitted earlier is registered, and the priority of registered rights is determined by the time the application for registration was submitted Correct answer.
  4. The registrar may select the sequence of registration at discretion

Explanation

Article 13(1) of the Law of Georgia on Public Registry provides that where registration of several mutually exclusive rights over one registration object is requested, only the right or rights submitted earlier are registered. Article 13(2) determines the priority of several non-exclusive rights of the same content by the date of their submission, and Article 13(4) fixes the priority of registered rights by the time the application for registration of the right was submitted, unless the law determines otherwise.

Question 13Georgia notarial qualification: authenticate legal relations within the actual statutory role

A buyer purchases an apartment from a seller whose title is registered in the Public Registry. Unknown to the buyer, a third party has filed an unrecorded private lawsuit against the seller. Under Article 312 of the Civil Code of Georgia, is the buyer protected as a bona fide purchaser?

  1. No, the buyer must inspect all pending court dockets in the country before purchasing
  2. No, unregistered private lawsuits automatically cancel registered titles
  3. Only if the buyer pays an additional state insurance guarantee
  4. Yes, the buyer may rely in good faith on the Public Registry extract, unless an objection (პრეტენზია) was registered in the registry or the buyer knew the entry was incorrect Correct answer.

Explanation

Article 312(2) of the Civil Code provides that a Register entry is deemed accurate in favour of a person who acquires a right from another on the basis of a transaction where that right was registered in the transferor’s name, unless a complaint has been filed against the entry or the acquirer knows of its incorrectness. Article 5 of the Law on Public Registry supplies the general presumption of authenticity of registered data.

Question 14Georgia notarial qualification: authenticate legal relations within the actual statutory role

Under Article 289 of the Civil Code of Georgia, when does a mortgage acquire legal force, and when must the mortgage contract be certified by a notary?

  1. On registration in the Public Registry; a mortgage contract made to secure a claim arising from a loan agreement must be certified by a notary, who informs the parties of the legal implications of breaching the loan and mortgage obligations Correct answer.
  2. On signature of the contract; notarial certification is never required
  3. On delivery of the keys to the creditor; certification is done by the municipality
  4. On publication of a notice in the Legislative Herald; no certification is needed

Explanation

Article 289(1) of the Civil Code provides that a mortgage acquires legal force upon its registration in the Public Registry. Article 289(1-1) requires a mortgage contract made to secure a claim arising from a loan agreement to be certified by a notary, who must inform the parties of the legal implications of violating the loan and mortgage obligations; Article 289(1-3) exempts contracts securing claims of supervised financial institutions. Where a Certificate of Mortgage is issued by agreement, Article 289(3) also requires notarial certification.

Question 15Georgia notarial qualification: authenticate legal relations within the actual statutory role

Under Articles 255 and 258 of the Civil Code of Georgia, what characterises a 'registered pledge' (რეგისტრირებული გირავნობა)?

  1. It requires the physical transfer of the pledged asset into the creditor’s possession
  2. It arises by a written transaction plus registration of the pledge with the Public Registry, and the movable thing need not be transferred into the pledgee’s possession Correct answer.
  3. It is created by a verbal promise made during a telephone call
  4. It applies exclusively to agricultural wheat

Explanation

Article 255 of the Civil Code distinguishes two pledge types: a possessory pledge and a registered pledge. Article 258(1) provides that a registered pledge arises by entering into a written transaction and registering the pledge with the Public Registry, and that the movable thing need not be transferred into the pledgee’s possession. Article 258(2) requires the transaction to state the date, the parties, a description of the pledged item and the secured claim with the maximum sum.

Question 16Georgia notarial qualification: authenticate legal relations within the actual statutory role

Under Article 242 of the Civil Code of Georgia, what is the essential characteristic of a 'usufruct' (უზუფრუქტი)?

  1. A lease agreement limited to a maximum of 30 days
  2. The right to demolish an immovable building permanently
  3. A right to use an immovable thing as if one were the owner and to exclude third persons from using it, but without the right to transfer, mortgage or bequeath the thing, and with renting or leasing it out requiring the owner’s consent Correct answer.
  4. A commercial mortgage held by an investment fund

Explanation

Article 242 of the Civil Code defines usufruct: an immovable thing may be transferred to the use of another person so that they may use it as if they were the owner and exclude third persons from using it, but unlike the owner they have no right to transfer, mortgage or bequeath the thing. Renting or leasing it out requires the owner’s consent, and after the usufruct is cancelled the owner becomes a party to the existing tenancy or lease relations.

Question 17Georgia notarial qualification: authenticate legal relations within the actual statutory role

Under Articles 242 and 247 of the Civil Code of Georgia, what distinguishes a usufruct from an easement (სერვიტუტი)?

  1. A usufruct applies only to motor vehicles
  2. Easements can only be created by presidential decree
  3. There is no legal difference between them in Georgian property law
  4. A usufruct is granted to a specific person and is not transferable or inheritable, whereas an easement encumbers one plot in favour of the owner of another plot and passes with that dominant property Correct answer.

Explanation

Article 242 of the Civil Code grants a usufructuary the right to use an immovable thing as if they were the owner while expressly withholding the right to transfer, mortgage or bequeath it, so the right is tied to that person. Article 247(1) instead encumbers a plot of land or other immovable property in favour of the owner of another plot, so that the benefit attaches to the dominant property and the rules on acquiring immovable things apply to its creation.

Question 18Georgia notarial qualification: authenticate legal relations within the actual statutory role

Under Article 233 of the Civil Code of Georgia, what is the right of superficies (აღნაგობის უფლება)?

  1. A heritable and alienable right, granted for a fixed period, to erect a structure on or beneath another person’s plot of land, including the right to lend or lease that right, for a term not exceeding 99 years Correct answer.
  2. A temporary licence to plant seasonal flowers on municipal walkways
  3. An easement permitting emergency fire evacuation across a private courtyard
  4. A criminal penalty confiscating agricultural machinery

Explanation

Article 233(1) of the Civil Code provides that a plot of land may be transferred to another person for use for a fixed period so as to grant a heritable and alienable right to erect a structure on or beneath the plot, together with the right to lend or lease that right (superficies). Article 233(2) allows it to extend to the part of the tract not needed for building but permitting better use of the structure, and Article 233(3) caps its duration at ninety-nine years.

Question 19Georgia notarial qualification: authenticate legal relations within the actual statutory role

A married seller is the sole registered owner of an apartment acquired during the marriage. Under Article 312 of the Civil Code of Georgia, what must a notary certifying the sale do about the other spouse?

  1. Refuse the transaction until the couple divorces
  2. Proceed: where the co-owner is not registered with the Public Registry their consent is not required for the transaction, and in the buyer’s interests the registered transferor is presumed to be the sole owner unless the acquirer knew there was another owner Correct answer.
  3. Obtain notarised consent from the seller’s parents
  4. Register the non-registered spouse as an owner before certifying anything

Explanation

Article 312(3) of the Civil Code provides that where the owner transfers or encumbers immovable property, the co-owner’s consent is not required for the transaction if the co-owner is not registered as such with the Public Registry, and Article 312(4) presumes the registered transferor to be the sole owner in the buyer’s interests unless the acquirer knew otherwise. Article 1160(2) points the same way: a transaction made by one spouse administering matrimonial property may not be declared void merely because the other spouse did not know of it or disagreed. The unregistered spouse’s protection lies in registering the co-ownership or a claim, not in a notarial consent requirement.

Question 20Georgia notarial qualification: authenticate legal relations within the actual statutory role

Under the Law of Georgia on Public Registry, what is an 'interim record' or 'objection' (წინასწარი ჩანაწერი / პრეტენზია)?

  1. A permanent expropriation order issued by a municipal mayor
  2. A routine administrative note recording the notary's annual office vacation
  3. A preliminary entry recorded in the registry to secure a future claim or notify third parties of a pending dispute regarding title, which blocks good-faith acquisition by subsequent purchasers Correct answer.
  4. An automated tax reminder sent to commercial banks

Explanation

An interim record (წინასწარი ჩანაწერი) or registered objection (პრეტენზია) in the Public Registry serves to secure a future in rem right (such as a buyer's claim prior to full closing) and destroys the good faith of third parties regarding the contested title.

Question 21Georgia notarial qualification: authenticate legal relations within the actual statutory role

Under Article 302 of the Civil Code of Georgia, how may a mortgaged immovable thing be sold when the debtor defaults?

  1. Only after a mandatory five-year court trial
  2. Only where the debtor has died without heirs
  3. Only for agricultural crops, never for residential buildings
  4. At auction conducted by a specialist designated in a written agreement between creditor and owner; the parties may agree a different form of sale, or may agree that the thing be transferred to the creditor and sold on a writ of execution issued by a notary, and only if they fail to agree does a court order an enforced auction Correct answer.

Explanation

Article 302(1) of the Civil Code has a mortgaged immovable thing sold at auction by a written agreement between the creditor and the owner designating a specialist to conduct it. Article 302(3) allows the parties to agree a form of sale other than auction, and Article 302(3-1) allows them to agree in writing that the mortgaged thing be transferred to the creditor and sold on the basis of a writ of execution issued by a notary, in which case the transaction between the parties must be notarised. Under Article 302(4), if creditor and owner cannot agree, the court decides on the enforced sale at auction on the creditor’s application.

Question 22Georgia notarial qualification: authenticate legal relations within the actual statutory role

How are the amounts payable for the performance of notarial actions in Georgia determined?

  1. They are fixed by Government of Georgia Decree No 507 of 29 December 2011 on remuneration for the performance of notarial actions and the fees payable to the Notary Chamber, together with the procedure for their collection and service deadlines Correct answer.
  2. Each notary sets any fee at will and takes cash without receipts
  3. They are set by an auction between competing notary offices
  4. All notarial actions in Georgia are free of charge

Explanation

Remuneration for notarial actions and the fees payable to the Notary Chamber of Georgia, the procedure for collecting them and the applicable service deadlines are fixed by Resolution No 507 of the Government of Georgia of 29 December 2011, which is listed in the official notary qualification examination programme. Because the tariff is set centrally, a notary cannot negotiate the statutory amount with the applicant.

Question 23Georgia notarial qualification: authenticate legal relations within the actual statutory role

Under Article 104 of the Civil Code of Georgia, what is the effect of a transaction made by an agent within the scope of their authority on behalf of a principal?

  1. The agent becomes personally liable to perform the contract
  2. It gives rise only to the rights and obligations of the principal Correct answer.
  3. The transaction is void unless ratified by a notary in person
  4. The rights arise for the agent and pass to the principal after one year

Explanation

Article 104(1) of the Civil Code provides that a transaction made by an agent within the scope of authority and on behalf of the person represented gives rise only to the rights and obligations of the principal. Article 104(2) adds that the other party may not rely on the absence of authority where the principal created circumstances that led them to believe in good faith that authority existed.

Question 24Georgia notarial qualification: authenticate legal relations within the actual statutory role

Under Article 108 of the Civil Code of Georgia, what happens if third persons are not notified that a power of attorney has been altered or revoked?

  1. The alteration or revocation takes effect against everyone regardless of notification
  2. The power of attorney becomes void from the date it was originally granted
  3. The alteration or revocation is not valid with respect to third parties, except where they knew or should have known about it when making the transaction Correct answer.
  4. The agent is automatically prosecuted for fraud

Explanation

Article 108 of the Civil Code requires third persons to be notified of alterations in or revocation of authority, and provides that if this requirement is not fulfilled the alterations and revocation are not valid with respect to third parties, except where the parties knew or should have known about them when making the transaction. Article 110 separately obliges the agent to return the instrument of authority once the authority is extinguished.

Question 25Georgia notarial qualification: authenticate legal relations within the actual statutory role

Under Article 109 of the Civil Code of Georgia, which of the following extinguishes a power of agency?

  1. The agent changing their residential address
  2. A change in the currency exchange rate
  3. The lapse of 30 calendar days from the date of issue in every case
  4. Expiry of the term for which the authority was granted, renunciation by the authorised person, revocation by the grantor, performance, the death of the grantor, or recognition of the grantor as a beneficiary of support where the support covers representative authority or property disposal Correct answer.

Explanation

Article 109 of the Civil Code lists the grounds on which a power of agency is extinguished: expiry of the term for which the authority was granted; renunciation by the authorised person; revocation of the authority by the grantor; the death of the grantor; performance; and recognition of the grantor as a beneficiary of support where the support was assigned to exercise representative authority or property disposal rights.

Question 26Georgia notarial qualification: authenticate legal relations within the actual statutory role

When verifying the authority of a director representing a Georgian Limited Liability Company (შპს) in a major property sale, what document must the notary inspect?

  1. An up-to-date certified electronic extract from the Registry of Entrepreneurs and Non-entrepreneurial Legal Entities (NAPR) showing registered managerial representation and charter limitations Correct answer.
  2. A handwritten letter signed by the company's head accountant
  3. The director's high school graduation certificate
  4. A recommendation letter from the local municipality

Explanation

Under the Law of Georgia on Entrepreneurs and notarial rules, corporate authority is verified through an up-to-date official electronic extract from the Public Registry of Entrepreneurs, confirming registered director status, joint/sole representation rules, and any charter restrictions.

Question 27Georgia notarial qualification: authenticate legal relations within the actual statutory role

Under the Law of Georgia on Entrepreneurs, what is the default rule if an LLC charter specifies that two directors must act jointly, but only one director signs a property transfer deed before a notary?

  1. The signature of one director is always sufficient regardless of charter restrictions
  2. The transaction is defective and unenforceable against the company unless the other co-director signs or the company subsequently ratifies the act Correct answer.
  3. The notary must sign as the second director
  4. The company is automatically dissolved by the registrar

Explanation

Where the registered extract establishes joint representation (ერთობლივი წარმომადგენლობა), a deed signed by only one of two co-directors is made outside the scope of authority, so under Article 104(1) of the Civil Code it does not give rise to rights and obligations for the company unless the other authorised representative signs or the company ratifies it. Article 104(2) protects the counterparty only where the company itself created circumstances that led them to believe in good faith that the single signature sufficed.

Question 28Georgia notarial qualification: authenticate legal relations within the actual statutory role

Under Article 891 of the Civil Code of Georgia, what is the nature of a suretyship contract (თავდებობის ხელშეკრულება)?

  1. A promise by a surety to take over ownership of the debtor’s business
  2. A verbal guarantee given at a social gathering
  3. A contract under which the surety assumes an obligation to the creditor of a third party to be responsible for discharging that party’s liability, which requires a written application of the surety stating the maximum quantified amount of the surety’s liability Correct answer.
  4. An insurance policy issued exclusively by the state treasury

Explanation

Article 891(1) of the Civil Code defines suretyship as a contract under which the surety assumes an obligation to the creditor of a third party to be responsible for discharging the third party’s liability, and Article 891(2) allows it for future and contingent liabilities. Article 892(1) requires a written application of the surety and the indication in the suretyship document of the maximum amount of the surety’s quantified liability; Article 892(2) waives that form where a person offers to stand as surety within the scope of their professional activities.

Question 29Georgia notarial qualification: authenticate legal relations within the actual statutory role

Under Article 895 of the Civil Code of Georgia, what distinguishes 'joint suretyship' (სოლიდარული თავდებობა) from ordinary suretyship?

  1. In joint suretyship the surety is liable for only 10% of the principal debt
  2. Joint suretyship applies only to non-profit organizations
  3. Joint suretyship can only be agreed orally
  4. Where the surety undertakes liability jointly, the creditor may assert the claim against the surety without an attempt at forced execution against the debtor, provided the principal debtor has exceeded the payment due date and has been given a notice to no effect, or the debtor’s insolvency is obvious Correct answer.

Explanation

Article 895 of the Civil Code provides that where the surety undertakes liability jointly or in another equivalent form, the claim may be asserted against the surety even without an attempt at forced execution, if the principal debtor has exceeded the payment due date and has been given a notice to no effect, or if the debtor’s insolvency is obvious. The joint surety therefore loses the benefit of prior execution against the debtor but not the notice requirement.

Question 30Georgia notarial qualification: authenticate legal relations within the actual statutory role

Under Article 327 of the Civil Code of Georgia, when is a contract considered legally concluded?

  1. When the parties have agreed in the required form on all essential terms (არსებითი პირობები) of the contract Correct answer.
  2. When the parties commence preliminary negotiations
  3. Only after all payments have cleared through the central bank
  4. When one party has sent a written offer, whether or not it has been accepted

Explanation

Article 327(1) establishes that a contract is concluded if the parties have reached agreement on all its essential terms in the form prescribed by law or chosen by the parties.

Question 31Georgia notarial qualification: authenticate legal relations within the actual statutory role

Under Articles 1421 and 1499 of the Civil Code of Georgia, what role does the notary play in the acceptance of an inheritance?

  1. None - the municipal tax inspectorate opens the estate
  2. An heir is deemed to accept the estate by filing a declaration of acceptance with a notary office or by coming into actual possession or administration of the estate, and heirs may petition the notary office for a certificate of inheritance Correct answer.
  3. The chief physician of the hospital where the decedent died issues the certificate
  4. The chairman of the local community council administers the estate

Explanation

Article 1421(2) of the Civil Code provides that an heir is deemed to have accepted the estate when they file a declaration of acceptance with a notary office, or when they come into actual possession or administration of the estate in a way that proves acceptance beyond doubt; Article 1421(3) treats de facto possession of part of the estate as acceptance in full. Article 1499(1) allows the persons invited as heirs to petition the notary office for a certificate of inheritance, which Article 1499(2) makes obligatory where the law so provides.

Question 32Georgia notarial qualification: authenticate legal relations within the actual statutory role

Under Article 1424 of the Civil Code of Georgia, what is the statutory deadline for an heir to accept an inheritance (სამკვიდროს მიღების ვადა)?

  1. 30 calendar days from the date of the funeral
  2. 6 months from the date of the opening of the succession (the date of death of the decedent) Correct answer.
  3. 3 years from the date the will was registered
  4. 10 years

Explanation

Article 1424 of the Civil Code provides that an inheritance must be accepted within 6 months from the date of opening the succession (death of the decedent), either by filing an application with a notary or by factual possession/management.

Question 33Georgia notarial qualification: authenticate legal relations within the actual statutory role

Under Article 1500 of the Civil Code of Georgia, when may a notary issue a certificate of inheritance (სამკვიდრო მოწმობა)?

  1. Within 24 hours of the death on an oral request
  2. Only after five years have elapsed
  3. At any time after the lapse of six months from the day the estate was opened, or earlier if the notary office holds a document evidencing that there are no heirs other than those applying Correct answer.
  4. Only if the estate is transferred entirely to charity

Explanation

Article 1500 of the Civil Code provides that a certificate of inheritance is issued to the heirs at any time after the lapse of six months from the day the estate was opened, and may be issued before the six months expire if the notary office holds a document evidencing that there are no heirs other than those applying for it. Article 1503 allows the certificate to be issued for the whole estate or part of it, jointly or separately to each heir.

Question 34Georgia notarial qualification: authenticate legal relations within the actual statutory role

A testator made a will in 2020 leaving everything to a friend, and in 2024 made a new valid notarial will leaving everything to a sister without mentioning the earlier will. Under Article 1398 of the Civil Code of Georgia, what is the status of the 2020 will?

  1. Both wills are valid and the friend and the sister share the estate equally
  2. The 2024 will is void because the 2020 will was not destroyed with judicial permission
  3. The whole estate passes to the State because of the conflicting documents
  4. Drawing up a new will revokes the former will, or the part of it that contradicts the new will - so the 2020 will is displaced by the 2024 will that disposes of the whole estate Correct answer.

Explanation

Article 1398(a) of the Civil Code lets a testator change or revoke a will at any time by drawing up a new will that explicitly revokes the former one or the part of it that contradicts the new will; Article 1398(b)-(c) add revocation by application to a notary office or by destroying all counterparts. Article 1400 keeps earlier wills alive only where they complement rather than fully replace each other, and Article 1399 bars restoring a will already revoked by a later one.

Question 35Georgia notarial qualification: authenticate legal relations within the actual statutory role

A decedent dies intestate leaving a surviving spouse, two adult children, and both living parents. The net estate is valued at 300,000 GEL. Under Article 1336 of the Civil Code of Georgia, how should the estate be distributed?

  1. The spouse, the two children, and the two parents all belong to the first order of heirs and share the estate equally (5 equal shares of 60,000 GEL each) Correct answer.
  2. The spouse takes the entire 300,000 GEL, excluding all other relatives
  3. The children take 150,000 GEL each, and parents receive nothing
  4. The parents inherit the real property, and children inherit movable property

Explanation

Article 1336(I) of the Civil Code places the decedent’s children, a child born after the death, the spouse and the parents (adoptive parents) in the first degree of heirs on intestacy, and they inherit in equal shares. With five first-degree heirs - the spouse, two children and two parents - each takes one fifth, that is 60,000 GEL of a 300,000 GEL net estate.

Question 36Georgia notarial qualification: authenticate legal relations within the actual statutory role

Under Article 1371 of the Civil Code of Georgia, who among the following is entitled to a compulsory share (სავალდებულო წილი) if disinherited by a will?

  1. Adult siblings and first cousins of the testator
  2. Children, surviving spouse, and parents of the testator Correct answer.
  3. Any person who lived in the same apartment building
  4. Creditors who hold unsecured promissory notes

Explanation

Article 1371 of the Civil Code confines the compulsory portion to the children, parents and spouse of the testator, and fixes it at one half of the portion each of them would have taken on intestacy. Under Article 1372 the right arises when the estate is opened and is itself inheritable. Collateral relatives such as siblings and cousins have no claim to a compulsory share.

Question 37Georgia notarial qualification: authenticate legal relations within the actual statutory role

Under Article 2 of the General Administrative Code of Georgia, what is an 'individual administrative act'?

  1. A legislative act of Parliament establishing generally binding rules for an indefinite group of persons
  2. An internal memorandum circulating between employees of a ministry
  3. An individual legal act issued by an administrative body under administrative law that establishes, modifies, terminates or confirms the rights and obligations of a person or a limited group of persons Correct answer.
  4. A commercial contract between two private companies

Explanation

Article 2(1)(d) of the General Administrative Code defines an individual administrative act as an individual legal act issued by an administrative body under administrative law that establishes, modifies, terminates or confirms the rights and obligations of a person or a limited group of persons. It adds that a refusal by an administrative body to address an applicant’s issue within its competence, and any document issued or confirmed by an administrative body that may have legal consequences, also count as individual administrative acts.

Question 38Georgia notarial qualification: authenticate legal relations within the actual statutory role

Under Article 102 of the Civil Procedure Code of Georgia, how is the burden of proof allocated in civil proceedings?

  1. The defendant must disprove every allegation made by the claimant
  2. The judge bears the burden of establishing the authenticity of signatures
  3. The party with greater financial resources bears the whole burden
  4. Each party must prove the circumstances on which it bases its claim or response, and where the law requires a certain type of evidence for a circumstance it may not be proved by another type Correct answer.

Explanation

Article 102(1) of the Civil Procedure Code requires each party to prove the circumstances on which it bases its claim or response. Article 102(2) lists the admissible means - explanations of the parties and third parties, witness testimony, fact-finding material, written and material evidence and expert findings - and Article 102(3) provides that circumstances which by law require a certain type of evidence may not be proved by another type.

Question 39Georgia notarial qualification: authenticate legal relations within the actual statutory role

To which statutory supervisory body must a Georgian notary submit suspicious transaction reports (სატრანზაქციო ანგარიშგება) under AML/CFT regulations?

  1. The Financial Monitoring Service of Georgia (FMS / საქართველოს ფინანსური მონიტორინგის სამსახური) Correct answer.
  2. The National Bank of Georgia Banking Supervision Department
  3. The local municipal council
  4. The revenue service tax audit division

Explanation

Under the Law on Facilitating the Prevention of Money Laundering, notaries are obliged entities required to submit reports on suspicious or threshold transactions directly to the Financial Monitoring Service of Georgia (FMS), Georgia's financial intelligence unit.

Question 40Georgia notarial qualification: authenticate legal relations within the actual statutory role

Under Article 198 of the Civil Procedure Code of Georgia, which of the following is a provisional measure a court may apply on the plaintiff’s application?

  1. Immediate imprisonment of the defendant until judgment
  2. Attachment of property, securities or money belonging to the defendant and held by the defendant or another person Correct answer.
  3. Cancellation of the defendant’s citizenship
  4. Transfer of the disputed property into the judge’s personal ownership

Explanation

Article 198(1) of the Civil Procedure Code has the court decide on provisional measures on the plaintiff’s application, and Article 198(2) lists them - including attachment of property, securities or money belonging to the defendant and held by the defendant or another person, an injunction against the defendant to take certain actions, transfer of an item to a bailiff in the form of sequestration, injunctions against third persons, suspension of the sale of property, and suspension of the operation of disputed acts of state or municipal bodies. Article 198(3) allows the court to apply other or several measures.

Question 41Georgia notarial qualification: authenticate legal relations within the actual statutory role

Under Article 50 of the Law of Georgia on Notaries, what happens when a person who cannot sign because of illness or disability appears before a notary?

  1. The notary must refuse to perform the action
  2. The notary signs as a party to the transaction
  3. Another person signs the document on that person’s instruction, in the presence of the person performing the notarial action, and the reason why the person could not sign is indicated Correct answer.
  4. The document is executed with no signature at all

Explanation

Article 50(4) of the Law of Georgia on Notaries provides that instead of a person who cannot sign a document because of illness, disability or another reason, the document is signed by another person on their instruction, in the presence of the person performing the notarial action, with an indication of the reason why the person could not sign. Article 50(5) adds that where the applicant is blind or illiterate the notary must read out the text and record that fact in the document, and Article 50(3) requires a specialist where the applicant is deaf or unable to speak.

Question 42Georgia notarial qualification: authenticate legal relations within the actual statutory role

Under Article 59 of the Civil Code of Georgia, what is the consequence of failing to comply with the statutory form (წერილობითი ან სანოტარო ფორმა) prescribed by law for a legal transaction?

  1. The transaction remains valid if the parties shook hands
  2. The court imposes a minor administrative fine and validates the contract
  3. The transaction becomes binding after 10 years of silence
  4. The transaction is null and void (ბათილია) from the moment of execution, unless statutory exceptions apply Correct answer.

Explanation

Article 59(1) of the Civil Code provides that non-compliance with the statutory form prescribed by law renders the transaction null and void (ბათილია). It creates no legally enforceable obligations.

Question 43Georgia notarial qualification: authenticate legal relations within the actual statutory role

Under Article 23 of the Law of Georgia on Notaries, what insurance must a notary hold?

  1. Mandatory professional insurance covering liability for damage caused by notarial activities Correct answer.
  2. State health insurance for dependents
  3. Commercial cargo transit insurance
  4. Foreign currency hedge insurance

Explanation

Article 23 of the Law of Georgia on Notaries requires mandatory professional insurance of a notary public. It works together with Article 3(6), under which the notary is personally liable for damage caused by their official activities and the State is not liable, and with Article 22 on the notary’s financial liability, so the insurance is the mechanism through which clients are actually indemnified.

Question 44Georgia notarial qualification: authenticate legal relations within the actual statutory role

Under Article 58 of the Civil Code of Georgia, what is the effect of a declaration of intent made by a minor or by a person during a temporary mental disorder?

  1. Both are fully valid if the person appeared calm
  2. A declaration of intent made by a minor is void, and one made during loss of consciousness or temporary mental disorder may be deemed void Correct answer.
  3. Both are valid provided the consideration was at fair market value
  4. Both must be reviewed by the municipality within one year

Explanation

Article 58(1) of the Civil Code makes a declaration of intent by a minor void, and Article 58(2) allows a declaration made during loss of consciousness or temporary mental disorder to be deemed void. Article 58(3) adds that a declaration made by a person with a mental disorder while concluding a transaction is void where it is inconsistent with a correct perception of reality and the person does not benefit from the transaction, even where no court has recognised them as a beneficiary of support.

Question 45Georgia notarial qualification: authenticate legal relations within the actual statutory role

Under Article 186 of the Civil Code of Georgia, how is ownership transferred for movable things (მოძრავი ნივთი)?

  1. By registration in the local police station
  2. By publication of an advertisement in the newspaper
  3. By transfer of possession of the thing on the basis of a valid contract (conveyance and delivery) Correct answer.
  4. By signing a promissory note

Explanation

Article 186(1) provides that the transfer of ownership of a movable thing requires that the owner transfer possession of the thing to the acquirer on the basis of a valid legal title (contract).

Question 46Georgia notarial qualification: authenticate legal relations within the actual statutory role

Under Article 170 of the Civil Code of Georgia, what is the scope of ownership (საკუთრების უფლება)?

  1. An owner can only use property for state agricultural projects
  2. Ownership is limited to temporary 5-year leases
  3. Ownership gives right of use but prohibits sale or encumbrance
  4. An owner may, within statutory and contractual limits, freely possess, use, and dispose of property, and exclude third parties from any interference Correct answer.

Explanation

Article 170(1) codifies the classic triad of ownership rights: the owner may freely possess (ფლობა), use (სარგებლობა), and dispose of (განკარგვა) the property, and exclude others from interference, within the limits established by law.

Question 47Georgia notarial qualification: authenticate legal relations within the actual statutory role

Under Articles 1357 and 1358 of the Civil Code of Georgia, what does the notarial form of a will require?

  1. The will must be drawn up and signed by the testator and certified by a notary; where the notary records the will in the testator’s own words, that must happen in the presence of two witnesses, and the testator must read it and sign it before the notary and the witnesses Correct answer.
  2. Approval of the will by the testator’s living children
  3. The will must be witnessed by a police officer
  4. The will must be published online for public review

Explanation

Article 1357(1) of the Civil Code requires a will to be drawn up in writing and allows it to be made in notarial form or without it; Article 1357(2) provides that the notarial form requires the will to be drawn up and signed by the testator and certified by a notary. Article 1358 covers the variant where the notary records the will in the testator’s words in the presence of two witnesses, with the testator then reading it and signing it before the notary and the witnesses. Article 1362 excludes minors, testamentary heirs, their close relatives and legatees from acting as witnesses.

Question 48Georgia notarial qualification: authenticate legal relations within the actual statutory role

A testator leaves an estate of 200,000 GEL and executes a will leaving everything to a charity. The testator leaves behind a surviving spouse and one child. How much is the compulsory share (სავალდებულო წილი) of the surviving child?

  1. 0 GEL (the will completely excludes the child)
  2. 50,000 GEL (half of the child's 100,000 GEL intestate share) Correct answer.
  3. 100,000 GEL (the full intestate share)
  4. 200,000 GEL (the entire estate)

Explanation

In intestate succession, the spouse and one child would each inherit 1/2 of the estate (100,000 GEL each). Under Article 1371, the compulsory share is one-half of the statutory share (1/2 of 100,000 GEL = 50,000 GEL).

Question 49Georgia notarial qualification: authenticate legal relations within the actual statutory role

Under Article 1161 of the Civil Code of Georgia, how is the separate, individual property (ინდივიდუალური საკუთრება) of each spouse defined?

  1. All property acquired during marriage from employment wages
  2. Property owned by either spouse prior to marriage, or acquired during marriage by inheritance or gratuitous gift Correct answer.
  3. All household furniture and kitchenware
  4. Any vehicle registered in the wife's name

Explanation

Article 1161 provides that property owned by each spouse before marriage, as well as property received during marriage by inheritance or gift, is the individual property of that spouse and is not divided upon divorce.

Question 50Georgia notarial qualification: authenticate legal relations within the actual statutory role

Under Article 38 of the Law of Georgia on Notaries, what does a notary certify when verifying the correctness of a copy of a document?

  1. That the notary has rewritten the document in their own handwriting
  2. That the Supreme Court has approved the document
  3. That the copy corresponds to the original document and excerpt presented to the notary Correct answer.
  4. That an unsigned blank sheet may be treated as a valid copy

Explanation

Article 38(1)(f) of the Law of Georgia on Notaries includes among notarial actions the verification of the correctness of copies of documents and excerpts against the original. The notary therefore compares the copy against the original presented and certifies their correspondence; the notary is not attesting to the truth of the statements the document contains.