The state of emergency – consequences related to the acts of the Notary public offices

The Decree rendered by The Government of Serbia about imposting the state of emergency on the whole teritory of the Republic of Serbia caused by pandemic of virus COVID-19 had a direct impact on the acts of the Notary public offices through reorganization of the work. Accordingly, on the 17th of March, 2020 The Ministry of Justice adopted Recommendations no. 740-07-329/2020-05, (hereinafter: Recommendations), which define the work of Notary public offices during the state of emergency. Owing to the fact that abovementioned Recommendation of the Ministry of Justice was based only on, in a manner of speaking, “advices“, the practice of the organization of work of the Notary public services has become uneven.

             This outcome resulted into the adoption of a series Decreets by the Notary Chamber of Serbia, which, as it turned out, had a commanding character. It has truly and to a certain degree unified the organization of work of Notary public offices throughout the territory of the Republic of Serbia, as follows:

• Notary public offices will continue carrying out activites during the state of emergency, which shall only be done between 9 am and 3 pm;
• During the state of emergency public notaries will not summon legacy hearings and already convened hearings in these procedures will be postponed, except in cases requiring urgent action and not jeopardizing the specially protected categories of the population;
• The authorization of signatures, manuscripts and transcripts was stopped, except in urgent cases. In such cases, the parties shall file a request for the urgent execution of this activity, including the enclosed explanation and deliver it per email or regular mail to a public notary office;
• The official activities such as the solemnization of contracts, preparing notarial deeds and notarial minutes shall be scheduled with a span of at least an hour. The described actions will not be taken if clients are categorised as the specially protected population (a person over 65 years of age);
• During the case of emergency public notaries will not be carrying out official activities outside their offices for an indefinite period of time, except in urgent and justified cases;

In practice, almost all Notary public offices indeed comply with the aforementioned measures, on the top of that with the additional precaution, first and foremost regarding to the delivering of documentation to the notaries, which is mainly done in electronic form, as well as the implementation of prescribed preventive health protection measures not only for the employees of notary public offices, but also for the clients.

 The Ministry of Justice website features the Recommendations:

https://www.mpravde.gov.rs/tekst/29182/javnobeleznicka-komora-srbije-.php

 The Decrees of the Notary Chamber of Serbia can be found on the following website of the Notary Chamber of Serbia.