Article 3. Notarial activity and its guarantees of the Law on Notaries

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1. Notarial activity is the performance by a notary of notarial acts provided for by this Law and other legislative acts of the Republic of Kazakhstan.

In the cases and within the limits established by this Law, certain notarial acts may be performed by specially authorized officials.

Notarial activity in the Republic of Kazakhstan is based on the principles of legality, independence, impartiality, and secrecy of notarial actions.

Notarial activity is not an entrepreneurial activity.

2. In carrying out notarial activities, notaries and other persons authorized to perform notarial acts are independent and subject only to the law. At the same time, they are guided by this Law and other regulatory legal acts, as well as international treaties ratified by the Republic of Kazakhstan regulating such activities.

3. Individuals and legal entities are guaranteed the secrecy of their notarial acts.

3-1. A notarial secret is information obtained when performing a notarial act or contacting a notary or an authorized official, including personal property and non-property rights and obligations.

4. Ensuring the secrecy of notarial actions is mandatory for persons who have stopped working as a notary.

4-1. The obligation to observe notarial secrecy applies to interns, notary assistants, a witness, an interpreter, a person who signed a notarial document instead of a citizen due to physical disability, illness or illiteracy of the latter, as well as employees of notary chambers and persons providing support and system maintenance of the unified notary information system.

5. Information about notarial acts, copies or duplicates of documents issued by a notary are issued only to legal entities and individuals on whose behalf the notarial acts were performed, or to their authorized persons.

6. Information on notarial acts and documents are issued at the written request of the court, investigative and inquiry bodies, in cases pending before them, bailiffs in cases pending before them, to the prosecutor's office, as well as to the judicial authorities and notary chambers authorized by this Law to verify the activities of notaries.

Information on notarial actions necessary for the practice of law is also provided upon a written request from a lawyer acting as a lawyer or representative of the principal who has applied to him for legal assistance.

Lawyers receive information from the unified notarial information system on notarial actions necessary for the provision of legal assistance by sending a lawyer's request in the form of an electronic document certified by an electronic digital signature through the unified legal assistance information system.

Information about the heirs of a deceased person who had a tax debt is provided upon written request from the state revenue authorities.

Information about persons who have accepted the inheritance of a deceased person, to whom the amount of social benefits and mandatory pension contributions deducted from it have been excessively credited (paid), is issued upon a written request from the State Social Insurance Fund.

7. Persons disclosing notarial secrets are liable in accordance with the laws of the Republic of Kazakhstan.

8. Legal entities and officials are obliged to provide the notary with the information and documents necessary for the performance of notarial acts, no later than ten calendar days from the date of their request by the notary.

9. Information about wills, duplicates and copies of wills are given to interested persons only after the death of the testator, unless otherwise established by law.

10. They are not disclosures of notarial secrets:

1) posting on the Internet resource of the Republican Notary Chamber or the unified notary information system of the following information on:

powers of attorney (information about the person who certified the power of attorney, the date of certification of the power of attorney, its registration number in the electronic register of notarial acts of the unified notarial information system, the date and time of entering information about the revocation of the power of attorney in this register if the power of attorney is revoked);

open inheritance cases (information about the testator, the date of his death, information about the notary who conducts the inheritance case);

notarized executive inscriptions (information about the date of the executive inscription, the notary who executed the executive inscription);

2) entering the information provided by this Law into the unified notary information system;

3) submission of information on notarial actions to the state body that carries out financial monitoring and takes other measures to counteract the legalization (laundering) of income for the purposes and in accordance with the procedure provided for by the Law of the Republic of Kazakhstan "On Countering the Legalization (Laundering) of Criminally Obtained Income, criminally obtained financing of terrorism and financing the proliferation of weapons of Mass Destruction", as well as sending an electronic copy of the title document, certified by a notary's electronic digital signature, through the unified notary information system to the information system of the legal cadastre in accordance with the procedure provided for by the Law of the Republic of Kazakhstan "On State Registration of Rights to Immovable Property";

4) submission of information on notarial actions to the state authorized body responsible for ensuring tax receipts and payments to the budget, in the form, in the manner and within the time limits provided for by the Code of the Republic of Kazakhstan "On Taxes and Other Mandatory Payments to the Budget" (Tax Code);

5) submission of information on notarial actions to the unified accumulative pension fund for the purpose of making pension payments, to the State Social Insurance Fund for the purpose of refunding excessively credited (paid) amounts of social benefits and mandatory pension contributions deducted from them;

5-1) providing information on notarial actions to a professional securities market participant engaged in maintaining a system of registers of securities holders and depository activities, including sending to such a professional securities market participant an electronic copy of the title document certified by a notary's electronic digital signature through a unified notarial information system.

The information specified in this subparagraph is provided to a professional participant in the securities market only for the purpose of carrying out activities provided for by the Law of the Republic of Kazakhstan "On the Securities Market", if such a professional participant in the securities market has the consent of the person in respect of whom this information is provided to collect and process his personal data in accordance with the Law. Of the Republic of Kazakhstan "On Personal Data and their protection";

6) communication of information about the opening of the inheritance to the heirs.

The Law of the Republic of Kazakhstan dated July 14, 1997 No. 155-I.

President

Republic of Kazakhstan

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