Kyrgyzstan Private Notary License Exam cheat sheet

Under Article 2 of the Constitution of the Kyrgyz Republic, sovereignty belongs to the people; notarial activity is exercised on behalf of the state, which is why notarial acts carry public authority and are performed under state control.

The Constitution (Art. 6) gives international treaties ratified by the Kyrgyz Republic priority over domestic law; where a ratified treaty sets a different rule on notarial procedure, the treaty rule applies.

Notarial activity is regulated by the Law of the Kyrgyz Republic on Notarial Activity (as amended); private notaries are licensed by the Ministry of Justice and are members of the Notarial Chamber.

A private notary is not a state official; the notary acts as an independent representative of the state in the sphere of non-contentious jurisdiction, and the notarial act is public evidence.

The Ministry of Justice and its territorial bodies exercise control over the organization and performance of notarial activity; the Notarial Chamber exercises professional self-governance and disciplinary control.

Notarial acts are performed in the notary's office; the notary may perform acts outside the office where the law requires (e.g., a person who cannot appear due to illness, disability, or confinement).

A notary may not engage in entrepreneurial activity, may not hold public office, may not act as a representative or attorney in court, and may not disclose notarial secrecy.

Notarial documents are public documents: an act certified by a notary in the prescribed form is evidence of the fact, and the dispute over the fact is decided by a court.

Legal capacity of a legal person arises at state registration and terminates at completion of liquidation; a commercial legal person may engage in any activity not prohibited by law, but certain activities require a license.

A transaction is a lawful act of citizens and legal persons aimed at establishing, changing, or terminating civil rights and obligations; transactions may be unilateral, bilateral, or multilateral (contracts).

A transaction in writing is void if the law requires notarial certification and the transaction was not certified; this is the key rule behind the notary's preventive function.

A transaction made under the influence of fraud, deception, violence, threat, or a combination of difficult circumstances is contestable and may be voided by a court at the claim of the victim.

Representation: a representative acts on behalf of the represented by virtue of a power of attorney, a law, or an act of a state body; a transaction made by a representative in the interests of the represented creates rights and obligations directly for the represented.

A power of attorney for transactions requiring notarial certification must itself be notarized; a power of attorney to receive wages or other payments may be certified by the employer.

A power of attorney is terminated by expiration, revocation, death of the principal or agent, or revocation of the legal person's registration; the principal must notify the agent and third parties.

General limitation period is three years; special periods may be set by law. The period runs from the day the person learned or should have learned of the violation of the right and the identity of the proper defendant.

The limitation period is suspended by force majeure, illness, or the presence of a party in a state of emergency; it is interrupted by filing a claim in court or by acknowledgment of the debt.

The limitation period does not apply to claims for protection of personal non-property rights, to claims on deposits, and to certain other claims provided by law.

Ownership comprises the rights of possession, use, and disposal of property; the owner bears the burden of maintaining the property and the risk of accidental destruction.

Real rights include ownership, the right of lifetime inheritable possession of a land plot, the right of permanent use, servitudes, and the rights of the mortgagee; the list is closed by law.

Real rights to immovable property are subject to state registration; the right arises from the moment of registration, not from the moment of the transaction.

Common shared ownership: shares are presumed equal unless otherwise provided; a participant has a right of first refusal to buy a share being sold to a third party at the offered price.

Common joint ownership arises between spouses and in certain other cases; disposal of jointly owned property requires the consent of all participants.

A servitude is a limited right to use another's land (passage, laying of communications); it may be established by agreement or by court decision and is subject to registration.

The owner may demand the return of property from unlawful possession (vindication) and may demand the removal of obstacles to use (negative action); a good-faith purchaser of property from an unauthorized seller may be protected only in the cases provided by law.

A land plot may be acquired by prescription (usucapio) only for immovable property, in good faith, openly, continuously, and for the period set by law (15 years for land in the Kyrgyz Republic).

An obligation is a legal relation in which the debtor must perform an act in favor of the creditor or refrain from acting; the creditor has the right to demand performance.

Performance must be proper: it must be performed to the proper person, at the proper place, and at the proper time; monetary obligations are performed in the currency of the Kyrgyz Republic (som).

A contract is concluded when an offer is accepted; a contract requiring state registration or notarial certification is concluded from the moment of registration or certification, unless otherwise provided by law.

Essential terms of a contract: the subject matter, terms named by law as essential, and terms on which the parties must reach agreement at the request of one of them.

A contract may be changed or terminated by agreement of the parties, by court decision on material breach, or in other cases provided by law or the contract.

A penalty (forfeit, penalty, fine) is a sum of money the debtor must pay on breach; if the penalty is manifestly disproportionate to the loss, the court may reduce it.

Secured transactions: pledge (mortgage) gives the creditor a priority right to satisfy the claim from the value of the pledged property; a mortgage of immovable property is subject to state registration.

Suretyship, guarantee, retention, and deposit are other security devices; a deposit is a sum paid by one party to the other as proof of the contract and as security for performance.

Assignment of a claim (cession) requires the consent of the debtor only where the identity of the creditor is material to the debtor; the debtor must be notified of the assignment.

Marriage is concluded in the civil registry office (ZAGS); a marriage contracted only by religious rite has no legal effect. The marriageable age is 18; in exceptional cases it may be lowered by law.

Property acquired during marriage in a registered marriage is common joint property; property received by gift, inheritance, or before marriage is the personal property of the spouse.

A marriage contract may change the statutory regime of property, but it may not regulate personal non-property relations or the rights and duties of parents toward children.

Inheritance by law: heirs of the first priority are children, spouse, and parents of the deceased; the second priority includes siblings and grandparents; the property is divided in equal shares among the heirs of the calling priority.

Inheritance by will: the testator may leave property to any person, may disinherit heirs, and may make a testamentary refusal (legacy). The will must be notarized.

The right to a mandatory share: minor or disabled children, a disabled spouse, and disabled parents of the deceased inherit at least half of the share that would have been due to them by law, regardless of the will.

Acceptance of inheritance: the heir must accept the inheritance within six months from the date of opening (the death of the deceased); the acceptance may be made by filing an application with the notary or by actual taking of possession.

A notary opens the inheritance case at the place of the last residence of the deceased; the notary issues a certificate of the right to inheritance after verifying the circle of heirs and the composition of the estate.

Land in the Kyrgyz Republic may be in state, municipal, or private ownership; foreign persons and stateless persons may not own agricultural land.

Rights to land plots and to immovable property, and transactions with them, are subject to state registration in the unified state register of rights to immovable property.

A transaction with immovable property is registered by the state registration authority; the notary who certifies the transaction is obliged to submit the documents for registration.

A residential premises may be owned, leased, or used under a social tenancy; the transfer of ownership of a dwelling does not terminate the lease if it was concluded before the transfer.

The right of ownership of an apartment in a multi-apartment building includes a share in the common property (roof, stairwells, engineering systems) that cannot be separated from the apartment.

The owner of a land plot has the right to build on it; a building erected without a permit is an unauthorized construction and may be demolished or recognized as property by a court.

The notary verifies the title documents, the absence of encumbrances (mortgage, arrest, servitude), and the identity of the parties before certifying a transaction with immovable property.

Registration of a right is open to the public: any person may obtain an extract from the register; the notary may request such an extract to verify the legal status of the property.

The notary establishes the identity of the parties by passport or other identity document, verifies legal capacity and capacity to act, and explains the consequences of the notarial act.

The notarial act is performed in the state language or in a language the parties understand; if the party does not know the language, an interpreter is invited and the translation is recorded.

The notarial document must contain: the date and place of the act, the full names and addresses of the parties, the content of the act, the signature of the parties, the notary's signature, and the notary's seal.

The notary certifies the transaction in the presence of the parties; the signatures of the parties are made in the presence of the notary, and the notary confirms that the content of the act corresponds to the will of the parties.

A power of attorney, a will, a marriage contract, a mortgage agreement, and an agreement on the division of common property are subject to mandatory notarial certification by law.

The notary keeps a register of notarial acts; the register records the number, date, parties, and content of the act, and the fee paid.

The notary may refuse to perform a notarial act if the documents do not meet the requirements of law, if the transaction contradicts the law, or if the parties lack legal capacity; the refusal must be in writing and may be challenged in court.

The notary certifies the authenticity of a copy of a document, the authenticity of a signature on a document, and the time of presentation of a document; these acts are performed in the manner prescribed by law.

A notary must be impartial, independent, and personally responsible for the legality of the notarial act; the notary may not act in the interest of one of the parties.

A notary must maintain notarial secrecy: information disclosed in connection with a notarial act may not be disclosed without the consent of the parties, except in cases provided by law.

A notary may not perform a notarial act in his or her own name, in the name of a spouse, close relatives, or in a situation where the notary has a personal interest.

Disciplinary liability of a notary includes a warning, a reprimand, a fine, suspension of the license, and revocation of the license; the procedure is established by the Notarial Chamber and the Ministry of Justice.

The notary bears civil liability for damage caused by an unlawful notarial act; the liability may be insured under a professional liability insurance contract.

The notary bears criminal liability for abuse of office, forgery of documents, or disclosure of notarial secrecy, in accordance with the Criminal Code.

A complaint against a notary's act or refusal to perform an act is filed with the court; a dispute over the content of a notarial act is resolved by a court.

A notary must keep the notarial archive and ensure the safety of documents; upon termination of activity, the archive is transferred to the Notarial Chamber or to the state archive.

Notaries are subjects of the anti-money laundering (AML) legislation when they prepare or carry out transactions on behalf of clients: purchase and sale of immovable property, management of money or property, opening accounts, and transactions with cash.

The notary must identify the client and the beneficial owner before the transaction, verify the identity by documents, and record the data in the client file.

The notary must apply a risk-based approach: enhanced due diligence for politically exposed persons, high-risk jurisdictions, and complex or unusual transactions.

The notary must report suspicious transactions to the state financial intelligence service (the authorized body for AML/CFT) without informing the client.

The notary must keep records of transactions and client identification data for the period established by law (at least five years) and provide them to the supervisory authority on request.

Notarial secrecy is a protected category: the notary may not disclose information about the client, the transaction, or the documents, except in cases expressly provided by law (e.g., a court request in a criminal case).

Personal data of clients are processed in accordance with the Law on Personal Data; the notary must ensure the confidentiality and security of personal data and may not transfer them to third parties without consent.

A notary who discloses notarial secrecy or personal data bears disciplinary, civil, and criminal liability.

The notarial fee (tariff) is set by the Law on Notarial Activity and by the tariff scale approved by the Government; the fee is paid before the notarial act is performed.

For private notaries, the fee consists of the state fee (tariff) and the amount for the notary's services; the state fee is transferred to the state budget.

The tariff for certifying a transaction with immovable property is calculated as a percentage of the contract value, with a minimum and maximum amount set by law.

The notary provides benefits for certain categories of persons (veterans, disabled persons, minors) in accordance with the law; the notary must verify the documents confirming the right to the benefit.

The notary issues a receipt for the payment of the notarial fee; the receipt contains the date, the amount, the type of the notarial act, and the notary's details.

The income of a private notary is subject to taxation in accordance with the Tax Code; the notary keeps tax records and submits reports to the tax authority.

The notary must maintain separate accounting of the state fee and of the notary's own income; the state fee is not the notary's income.

Failure to pay the notarial fee is grounds for refusal to perform the notarial act; the fee is not refunded if the act is performed, except in cases provided by law.