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The organizational framework


   The role of the civil-law notary | The organizational framework | Legislative Framework | Choosing the notary | Fees and taxes | Romanian Notarial Institute | House of Pensions | The Insurance Fund of Civil-law Notaries | History | International Dimension

The organizational framework

    All the civil-law notaries from Romania are part of the National Union of Civil-law Notaries of Romania. In turn, the Union comprises 15 Chambers of Civil-law Notaries, organized by the circumscription of the Courts of Appeal. The basic structural element is the notary’s office.

    1. The Union exercises the attributions stipulated by the Law and the Statute for the defense of interests of its members, of the prestige of the profession of civil-law notary and seeks the compliance with the Deontological Code.
    The Union ensures the suitable framework in order to perfect the notarial activity, to professionally train the civil-law notaries, to enforce the authority and the prestige of the institution by:
  • information on the notarial practice, judicial practice and doctrine of specialty;
  • organization of professional seminars, reunions, symposium and other forms of meetings at a local, national and international level;
  • editing of own publications on matters of doctrine, practice, comparative law, of the legislative breviary of the documents on matters from the activity of the management bodies of the Union, of attendance in reunions, exchange of experience, in the country and abroad;
  • organization of the professional and administrative control;
  • elaboration of synthesis of problems resulted from the professional, financial and administrative control; the unification of the notarial practice and unitary application of law, especially, concerning: the notarial activity, the conduct of notaries, the preparation and professional training of notaries, the notarial records, the functioning conditions of the notarial offices and of preservation of their archives, providing statistical data;
  • introducing and assimilation of new techniques in the notarial activity; stimulation of notaries by providing conditions for expression of professional opinions , in the publications of the Union, of the International Union of Notaries, in other specialized publications, but also their delegation to national and international events of notarial interest.
    In order to improve the legal system, the Union, through its bodies, formulates proposals to the authorities or to the persons with the legislative initiative, for the drafts of regulatory acts concerning the notarial activity.

    The Management bodies of the Union are:
    The Congress is composed of representatives of civil-law notaries, elected by the General Assembly of each Chamber according to the representation standard of 1 to 10 and shall be called in ordinary and extraordinary sessions.
    The Council is the management body of the Union, composed of the representatives of each Chamber, according to the following representation standard:
  • 1 representative for the Chambers that comprise up to 200 civil-law notaries
  • 2 representatives for the Chambers comprising between 201 and 400 civil-law notaries
  • 3 representatives for the Chambers comprising over 400 civil-law notaries
    From among the members of the Union’s Council are elected the president and 3 vice-presidents.

    For the 2013-2018 legislatures, the nominal composition is the following:
    The Executive Bureau of the Council of the Union is the executive body of the Union’s Council, has a permanent activity and it is composed of 9 members: the president , the first vice-president, the vice-presidents and 5 members , elected by the Union’s Council from among the representatives of the Chambers.
    The President of the Union is also the president of the Union’s Council and of the Executive Bureau.

    2. The Chamber of Civil-law Notaries has, according to the law, legal personality and its own seal. Each Chamber has its own headquarter in the locality where the Court of Appeal is functioning, and in every component county of the Chamber a secondary office may function.
    The management bodies of the Chamber are:
    The general assembly shall meet quarterly, in an ordinary session and, whenever meeting, in an extraordinary session, convened by the President of Steering Board or at the request of a third of its members, at least, or at the request of the Union’s Council, under the conditions provided in the present Statute.
    The presence of civil-law notaries at the general assemblies is mandatory.
    The Steering Board of the Chamber is elected by the general assembly of the Chamber’s members for a 3 years period and shall meet in ordinary sessions, monthly or in extraordinary sessions, when convened by the president.
    The President of the Steering Board represents the Chamber in relation with natural or legal persons.

    3. The notarial office

    The civil-law notary exercises his function in a notarial office. The forms of performance of the function of civil-law notary are:
  • Notarial office;
  • Professional society.
    Within an individual office the civil-law notary is exercising the function of civil-law notary, along with high-graduated personnel and auxiliary staff.
    The professional society comprises 2 or more associated notaries. Within a professional society, the associated civil-law notaries may hire high-graduated personnel and auxiliary staff.
    The civil-law notaries associated in a professional society are exercising personally their function and have individual responsibility for their activity.
    The civil-law notaries and the institutions stipulated by the article 8 performing notarial activity have the obligation to verify, in order to prevent the conflicts, as for the documents drafted by him not to contain clauses contrary to the law and to the good morals, to ask for and to give explanations to the parties over the content of those documents in order to convince himself that they understood their meaning and they accepted their effects.
    If the requested document is contrary to the law or to the good morals, the civil-law notary will refuse its preparation.
    The civil-law notary is exercising his activity at the notary office where he operates. In order to fulfill his professional duties, the civil-law notary may be displaced outside his office, under the territorial boundaries of the circumscription of the Court of Appeal where he is exercising his activity.
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