Kyrgyzstan Private Notary License Exam flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Notarial secrecy

The duty of a notary not to disclose information learned in connection with a notarial act without the consent of the parties, except where disclosure is expressly required by law.

Mandatory share in inheritance

The portion of the estate that certain heirs (minor or disabled children, disabled spouse, disabled parents) receive regardless of the will, at least half of their statutory share.

General limitation period

The period of three years during which a person may seek judicial protection of a violated right, running from the day the person learned or should have learned of the violation.

Power of attorney

A written authorization by which one person (the principal) empowers another (the agent) to act on the principal's behalf; it must be notarized if it concerns a notarized transaction.

Vindication action

The owner's claim to recover property from unlawful possession; it requires proof of ownership and of the defendant's unlawful possession of the property.

Servitude

A limited real right to use another person's land for a specific purpose (passage, laying of communications), established by agreement or court and subject to state registration.

Right of first refusal

The right of a participant in common shared ownership to buy a share being sold to a third party at the offered price before the sale to the third party.

Cession

The transfer by a creditor (cedent) of a claim to another person (cessionary); the debtor must be notified, and consent is required only where the creditor's identity is material.

Penalty (forfeit)

A sum of money the debtor must pay to the creditor on breach of an obligation; a court may reduce it if it is manifestly disproportionate to the loss.

Mortgage

A pledge of immovable property securing an obligation, giving the creditor a priority right to satisfy the claim from the value of the property; it is subject to state registration.

Marriage contract

An agreement of spouses regulating their property relations (regime of property, maintenance); it may not regulate personal non-property relations or parents' duties toward children.

Inheritance by law

The order of succession established by statute: first-priority heirs are children, spouse, and parents, who inherit in equal shares; further priorities are set by law.

Certificate of inheritance

A document issued by a notary after the inheritance case is opened and the circle of heirs and the estate are verified, confirming the heir's right to the property.

Place of opening inheritance

The place of the last residence of the deceased; the notary at that place opens the inheritance case and issues the certificate of the right to inheritance.

State registration of immovable rights

The entry of rights to immovable property and transactions with it in the unified state register; the right arises from the moment of registration.

Unauthorized construction

A building erected on a land plot without the required permit or in violation of construction norms; it may be demolished or recognized as property by a court.

Common property of an apartment building

The roof, stairwells, engineering systems, and other parts of a multi-apartment building that cannot be separated from apartments and belong to the owners in common.

Notarial act requirements

The notarial document must state the date, place, parties, content of the act, signatures of the parties made in the notary's presence, the notary's signature, and the seal.

Refusal of notarial act

A written refusal by the notary to perform an act where documents do not meet legal requirements, the transaction contradicts law, or a party lacks capacity; it may be challenged in court.

Certification of a copy

A notarial act confirming that a copy of a document corresponds to the original; the notary compares the documents and records the act in the register.

Notary impartiality

The ethical duty of a notary to act independently and not in the interest of one party; the notary may not perform acts in his own name or in the name of close relatives.

Disciplinary liability of notary

Sanctions imposed on a notary for violation of professional rules: warning, reprimand, fine, suspension of the license, and revocation of the license.

Professional liability insurance

Insurance that covers the notary's civil liability for damage caused by an unlawful notarial act, protecting clients and the notary.

Client identification (AML)

The notary's duty to identify the client and the beneficial owner by documents before a transaction and to record the data in the client file.

Suspicious transaction report

A report the notary sends to the state financial intelligence service about a transaction that may be connected to money laundering or terrorism financing, without informing the client.

Politically exposed person

A person entrusted with prominent public functions, or a close associate or family member, for whom the notary applies enhanced due diligence.

Notarial fee

The payment for a notarial act, consisting of the state fee (tariff) transferred to the budget and the private notary's service fee, paid before the act is performed.

Tariff for immovable transactions

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

Notary's tax accounting

The separate accounting by a private notary of the state fee and of personal income, with tax records kept and reports submitted to the tax authority.

Notarial Chamber

The professional self-governing body of notaries that exercises disciplinary control and organizes the notarial profession alongside the Ministry of Justice.

Notary license

The authorization issued to a private notary by the Ministry of Justice after qualifying examination, granting the right to perform notarial acts.

Notarial act as public document

A document certified by a notary in the prescribed form that serves as evidence of the fact; a dispute over the fact is decided by a court.