There are 15 notarial districts in Estonia, with a total of 87 notaries.
A notary is a public office holder, an independent official entrusted by the state with the task of ensuring the security of legal relationships and preventing legal disputes. A notary is a natural person who performs a public function assigned to them by the state through law. A notary is neither a civil servant nor an entrepreneur. They are a representative of a free profession who operates under their own name and responsibility.
Notaries are appointed for life. The number of notaries and their working districts are determined by the Minister of Justice. The notarial district is a county.
The primary activity of notaries is the certification of civil law transactions that are important to individuals. Notarial certification increases the protection of individuals' rights and provides greater confidence in resolving legal matters. The aim of certification is to ensure the stability of relationships between individuals and thereby prevent possible future legal disputes.
PRINCIPLES OF NOTARIAL PRACTICE
Independence
A notary, in carrying out their duties, is subject only to laws and other legal acts. A notary makes decisions independently regarding the performance of their official duties. No one has the right to issue binding instructions to a notary when performing their duties.
Impartiality
A notary is impartial toward both the immediate participants in a transaction and any persons whose rights and interests may be affected by the transaction. The notary ensures that the interests of inexperienced or unskilled participants are not harmed. The notary provides impartial legal advice to all involved parties.
Unlike other advisors, a notary protects the interests of both parties equally and ensures that the transaction is balanced. The notary also considers those individuals who are not directly involved in the notarial act but whose interests may be affected.
Trustworthiness
A notary is trustworthy in all dealings with individuals whose rights and interests are affected by their official actions.
Confidentiality
A notary is obliged to keep confidential all information and the content of transactions that come to their knowledge during their professional activities. The requirement of confidentiality also applies to the employees of the notary's office. Information about a notarial act is provided only to the participants or their representatives, and to courts in civil, criminal, and administrative cases under proceedings, or to investigative authorities based on a court order.
Personal Responsibility
A notary is personally liable for any damage caused by the negligent breach of their official duties. All notaries are required to have mandatory professional liability insurance.
NOTARIAL ACTS AND NOTARIAL SERVICES
A notary's professional activities are divided into two categories: notarial acts and notarial services.
Notarial acts, such as certifying real estate transactions, must be performed at the client's request, and a notary may only refuse in cases provided by law.
Providing notarial services is voluntary, but once a notary has agreed to provide a service, they cannot refuse to do so without legal grounds.
The main notarial act is the certification of transactions, which results in a notarial deed. The original of the notarial deed is kept in the notary's office. Certified copies are issued to the participants in the transaction.
When certifying a transaction, the notary confirms the identity of the signatories. Notarial endorsements are made on documents submitted to or prepared in the notary's office, and copies of these documents are not retained in the notary's office.
The primary transactions subject to notarial certification include:
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Contracts for the acquisition or disposal of immovable property, buildings, or apartments;
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Pledge agreements, commercial pledge agreements, and mortgage agreements;
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Other agreements establishing limited real rights (e.g., building rights, real servitudes, usufruct, personal use rights);
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Transfer and pledge agreements for housing association memberships;
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Company formation agreements, merger and division agreements, transfer and pledge agreements for shares in a private limited company;
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Marital property agreements or agreements for the division of joint marital property;
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Wills;
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Powers of attorney.
You may also contact a notary to certify transactions that do not require notarial certification by law.
Notaries also confirm marriages and divorces, handle inheritance matters, and apostille public documents.
The voluntary services provided by notaries include:
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Legal advice outside of certification acts;
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Tax and foreign law advice outside of or in connection with certification acts;
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Mediation under the Mediation Act;
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Acting as an arbitrator under the Code of Civil Procedure;
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Conducting auctions, voting, lotteries, and casting lots, and certifying the results under the Notary Act;
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Administering oaths and certifying statements made under oath under the Notary Act;
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Delivering notices and statements and issuing certificates of such deliveries or their impossibility outside of official acts under the Notary Act;
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Safekeeping of money (except cash), securities, documents, and other items if this is not an official act or related duty;
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Certifying the accuracy of document translations;
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Providing contact person services as referred to in §63(1) of the Commercial Code.
Information on which services a particular notary offers can be found on the website of the Estonian Chamber of Notaries.
A NOTARY'S DUTIES IN CERTIFYING TRANSACTIONS
Advisory Obligation
A notary identifies the important circumstances for a transaction. Once the legal objectives are clarified, the notary advises the participants on the different options for executing the transaction and explains the advantages and disadvantages of each option. The notary ensures that the chosen solution is the most correct, secure, and appropriate in the given situation.
The notary also ensures that any errors are avoided, doubts are dispelled, and the interests of inexperienced participants are not harmed. The notary drafts the notarial deed containing the participants' declarations of intent and their own explanations, ensuring that everything is clear and unambiguous.
Warning Function
By providing explanations, the notary helps prevent hasty decisions in important legal matters involving obligations or rights, and protects individuals with limited legal knowledge from harming their own rights and benefits.
Investigative Function
To ensure the validity of the transaction, the notary follows the requirements for the act. The notary's primary duties include verifying the identity, legal capacity, decision-making capacity, marital status, and representation rights of the parties involved.
Representation Function
The notary can represent the transaction participants in public registers by submitting documents related to the completed notarial acts to the registers.
NOTARY'S FEES
A notary's fees are established by law. A notary is entitled to charge fees for official acts only to the extent and in the manner provided by the Notary Fees Act. A notary is prohibited from making agreements to alter the statutory fee rates. For transaction certifications, the notary's fee is based on the value of the object or right in question.
For notarial services, the fee is negotiable. The agreement on the service fee must be made before the service is provided.
A NOTARY'S DUTY TO PROVIDE TRANSLATION IF NECESSARY
Notarial deeds are drawn up in Estonian. At the request of the participants, the notary may draw up the deed in another language if the notary is sufficiently proficient in that language. If a participant, according to their own statement or the notary's observation, does not sufficiently understand Estonian or if the deed is drawn up in a foreign language, the deed must be translated for the participant. If the participant requests, a written translation is provided for their review. If the notary does not translate the document themselves, a translator chosen by the participant or the notary is involved. According to the Language Act, the costs associated with the use of a translator are borne by the participant who requires the translation.
SWORN TRANSLATORS
A sworn translator has the authority to provide legal translations of documents and perform related actions on par with a notary. The sworn translator's certification of the translation with their own signature and official seal means that the translator takes full responsibility for the content and accuracy of the translation, ensuring its reliability. The contact details for sworn translators can be found on the website of the Chamber of Sworn Translators www.vandetolgid.ee (EE) and the Ministry of Justice website https://www.just.ee/en/legal-services/sworn-translators .