Notary is your trustee for all the legal services you may need.
Notary procedure provides the highest level of protection of your interests in legal transactions.
Citizens have the right to free choice of a notary.
Who are notaries?
Notaries are members of an independent profession with public authority, which they are expected to perform professionally, independently, autonomously and neutrally, and issue documents that have the character of public instruments.
Notaries are appointed and supervised by the competent Ministry of Justice. Notaries are selected through a public competition. A notary must be a law graduate with a passed judicial and notarial examination, who also meets all other requirements prescribed by law.
Notaries do not represent their clients. They are not attorneys. They are experienced, professional and impartial trustees of (all) the parties. They are obliged to respect the interests of both parties and advise them equally. The notary's goal is to help them regulate their relationships in the best possible way so to avoid long and costly litigation. The notaries are obliged to keep all the information they learn in the performance of their service confidential. The notaries are liable for any damage to the parties caused by violation of their official duties.
The notaries are authorized to:
- draw up notarial acts;
- receive documents, money, securities and other objects in custody;
- perform duties entrusted to them by the law under the court order;
- perform other tasks entrusted to them by special laws.
Citizens' right to a free choice of a notary
Parties have the right to choose a notary, but if a legal transaction involves a number of participants, then the notary is jointly appointed by mutual agreement among the parties.
It is considered inappropriate and unacceptable to exert any pressure on citizens when choosing a notary.
Notary's acts are:
- notarial records (drawing contracts, power of attorneys, declarations, wills, etc.);
- notarial reports (drawing reports on the inventory and appraisal of estate, on the settlement, on holding a General Shareholders' Meeting or meetings of corporate bodies, etc.);
- notarial acknowledgements (acknowledging that a document has been submitted for review, that a person is alive, that facts from public registries are authentic, etc.);
- notarial certificates (certifying transcripts, signatures, extracts from business books and other data).
When do citizens turn to a notary?
- when buying immovable property (apartment, house, land and business premises);
- when entering into real estate contracts;
- when making contracts on all types of liens (mortgages, fiduciary rights of transfer, easements, etc.);
- when wishing to regulate ownership rights with a spouse, extramarital partner or relative;
- when entering into a contract on the management of property of minors and persons without business capacity;
- when drawing up a will, testamentary declaration, life care contracts, and contracts on the distribution and transfer of property during their lifetime;
- when buying or selling movable property while retaining property rights (over a car or equipment).
Notary's documents are public instruments
Public instruments have a stronger probative value than other (private) instruments.
A public instrument is deemed to originate from the person indicated as its issuer and what is confirmed or determined in it is deemed to be true - until proven otherwise.
A notarial act may also be an executive document - a document on the basis of which the execution can be performed directly - without conducting a court procedure.
Participants in a legal transaction for which a compulsory form of a notarial act is not required, may request the notary to acknowledge their private instruments in that transaction. Such a certified document has the power of a notarial act, and with the fulfilment of the assumptions defined in its content, it also has the power of an executive document.
Actions taken by notaries
In the statutory procedure, as neutral and professional public service providers, the notaries are obliged to:
- establish and control the identity of the parties,
- investigate the will of participants in the legal transaction,
- clarify the situation,
- instruct the parties about the legal scope of the underlying legal transaction,
- take care of the legality of the documents,
- clearly formulate participants' statements,
- avoid misunderstandings and doubts,
- protect inexperienced and clumsy participants from damage,
- permanently keep in archives all notarized documents,
- upon the order of the parties, submit documents for entry into public registries,
- ex-officio submit certain information to the competent state authorities,
- be liable for any damage caused by a breach of his official duty, whereby the notary must be insured by the insurance company.
Refusing to take action
The notaries are authorized to refuse to take an official action:
- which is lawfully inadmissible;
- considered by the notary to be taken by the party apparently, in order to avoid legal obligations or unlawfully damage third parties;
- if, due to minority or other legal reason, the party cannot lawfully enter in the legal transactions.
The cost of notary services
Expenses and remuneration for the work of notaries in Montenegro are uniformly regulated. The tariffs on service charges and the fees for notary expenses are passed at the General Meeting of the Notaries Chamber of Montenegro upon the proposal of the Government of Montenegro. All notaries are obliged to comply with the Tariffs. The notaries are obliged to issue an invoice and a fiscal invoice for the service and expense charges paid.
Notary as a citizen's choice
Citizens enjoy many advantages if they turn to the notary, because the notary:
- advises the parties and warns them of the legal consequences of their declared will;
- protects the interests of all parties;
- compiles a document with the effect of a public instrument;
- creates documents with the highest probative value;
- prevents future court disputes;
- enjoys the trust of the state and the parties;
- is obliged to treat all data and circumstances that become known to him/her in the performance of his/her services as confidential.