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NOTARY PUBLIC LAW
Law
no : 1512
Date : 18.01.1972
Publication date : 05.02.1972 the official gazette
page 14090
Effective date : Three months following its
publication (article no: 209 of law on notary public)
The Regulation that bring Addendum and Changes to the
law 1512
Law No Date of Law Name of the
Law Enforcement Date
2258 19.02.1980 Law Regarding the
Amendment of 23.02.1980
Last Section of the Article 112 of Law on Notary Public
no:1512
2980 14.02.1984 Decree-Law No.
55 on the 23.02.1984
amendments of some articles of law
on notary public No.1512 and appending laws regarding,
of 20.01.1983 and some stipulations of Decree-Law No. 55
on the amendments of some articles of law on notary
public No.1512 and appending laws regarding, of
20.01.1983 and law on passing the amending decree law
no:80 of 06.09.1983 regarding amendment of two articles
of law no: 1512
3588 16.11.1989 law regarding
amendments in some 23.11.1989
articles of notary public law
4276 18.06.1997 law regarding
amendments in some 20.06.1997
articles of law on professional institutions qualified
as public institute
4358 02.04.1998 law regarding
amendments in common 04.04.1998
use of tax ID number and notary public law,
execution and bankruptcy
law, deed law, highway traffic law, law on
check payment regulator and check bearer protection, law
on banks, law on post office and law on passport
4579 13.06.2000 law regarding
amendments in notary 16.06.2000
public law
5134 14.04.2004 law regarding
amendments of 20.04.2004
one
article in notary public law
5219 14.07.2004 law regarding
amendments 21.07.2004
in
various laws
5281
30.12.2004 Tax Law Adaptation in New
Turkish 31.12.2004
Lira
and law regarding amendments
in
some laws
5309
02.03.2005 law regarding amendments in
notary 08.03.2005
public law
5378
01.07.2005 law regarding amendments in
some 07.07.2005
laws
and decree laws and handicapped
persons
NOTARY PUBLIC LAW
PART ONE
General Clauses
Notary profession
Article 1 –
Notary Public is a public service. Notary Publics
document operations for assuring security and preventing
disagreements and execute other duties given by laws.
Foundation
process of notary public’s offices and their competences
Article
2
– In every place where a court of first instance or an
individual civil court of peace has been established, a
notary public’s office is founded to be authorized to
execute the notary public operations of this court
according to its field of jurisdiction.
(Additional
second clause: 2/3/2005-5309/art. 1)
However if the field of jurisdiction of the court of
first instance covers more than one district, then
notary public’s offices can be established in other
districts.
In so far, if there is more than one notary public
office in municipality borders of one county, every
notary public’s office is authorized to execute all
notary public operations in the municipality borders of
the county and this without being restricted by the
field of jurisdiction of the court of first instance.
(Additional
fourth clause: 14/7/2004-5219/art. 8)
The operations of the first, second and third class
notary public’s offices situated in a district where the
court of first instance has been erected continue. In
these places, we can also establish more than one notary
public’s office. The notary public’s offices whose
operations continue in a district without a court of
first instance or which is under the same field of
jurisdiction recently reestablished but is not situated
in the same municipality borders are not subject to the
provisions of article 109.
The
provisions of the chapter ten are reserved.
Foundation
process of more than one notary public’s office and
closure of the notary public’s office
Article
3
– The Ministry of Justice can establish more than one
notary public’s office in the places where arising
business overload exists.
The Ministry of Justice uses its authority written
hereinabove by taking into account in one hand the total
of the gross income of the notary public’s offices
situated in one place and in the other hand the
evolutions and developments in the business life.
Upon condition that they are dismantled, it can close
more than one of the actual notary public’s offices.
The Ministry of Justice takes the opinion of the
Notaries Union of Turkey before it uses its authority
about establishing or closing more than one notary
public’s office.
(Last additional clause: 14/7/2004-5219/art. 8).
If the first, second and third class notary public’s
offices situated in the district in which the court of
first instance had been erected is dismantled, it can be
closed by the Ministry of Justice upon the proposition
of the Notaries Union of Turkey.
Classification of notary public’s offices
Article 4
– The notary public’s offices are divided into four
classes.
The first, second and third class notary public’s
offices are classified by the Ministry of Justice who
takes the opinion of the Notaries Union of Turkey.
This classification is based upon the population of the
field of jurisdiction, the business overload and the
notary public’s income. Generally, the notary public’s
offices related to the same court are considered in the
same class.
In every four year, the Ministry of Justice examines
the notary public’s offices’ situation and announces its
reclassification in the Official Journal.
The new notaries established during the four year
mentioned in the above clause are classified without
delay in accordance with the second clause and their
estimated gross incomes and are announced in the
Official Journal.
The provision of the article 31 concerning the right to
relegation to the fourth class notary is reserved. In so
far, those who will be promoted to the third class
notary public’s offices are determined and announced at
the beginning of April of each year.
Until the new classification is announced, the practice
is done according to the old classification.
Notary
public’s office’s class and the minimum service time
Article
4/a – (Added with article 1 of the Law 3588 dated
16/1/1989.)
The
notary publics are divided into three classes. The
service of third class of those who’s gone into notary
public by being appointed for the very first time as a
third class notary public begin at its business start
date.
The minimum service time of the first and/or third
class notary public is four years. In the end of this
time, the promotion of notary public’s class depend upon
the presence of positive convictions in the last good
character document composed by the Justice inspector.
The promotion of notary public’s class does not affect
notary’s class.
The notary who gives services in a notary public’s
office whose class has been promoted starts to execute
the upper-class services in the same notary public’s
office beginning from the expiration of his service time
if the notary public has not completed his service time
related to his previous class and from the composition
of the next positive character document if the latest
character document formerly composed by Justice
inspector indicates that the concerned does not possess
the competences necessary to promote to the upper class.
PART TWO
Acceptance to the Notary Profession
Conditions of acceptance to the notary public
Article 5
– To be a notary public, it is imperative to complete
the notary public internship in accordance with the
provisions of this chapter and to receive the notary
public certificate.
Exceptional
cases
Article
6
– (Changed first clause: 14/04/2004 – 5134/ art.
1) Those who are appointed to the juridical or
military magistrature or those who having been graduated
from the law school are appointed to the administrative
magistrature or have been qualified as lawyer and those
in accordance with the Advocacy Code have been accepted
to the advocacy by being exempted from the imperative of
internship and advocacy examinations are not subject to
the notary public internship.
If those people, having enclosed the documents exposed
at the paragraphs (a), (b) and (c) of the article 9,
submit a petition to the Ministry of Justice, and if the
examination process done with the additional documents
that Ministry considers necessary reveals that there is
no obstacle for them to became notary public, then the
concerned is given the certificate indicated at the
clause 3 of the article 17 and is registered to the
notary public’s office record indicated at the article
18.
Conditions of internship
Article
7
– For being accepted to the notary public internship,
one must:
1.
Be citizen of Turkish Republic,
2.
(Changed with 13/˚/2000-4579/art. 1)
Be over 21, but less than 40,
3.
Be graduated from one of the Turkish law schools or,
having been graduated from a foreign law school, pass
successful examinations in lessons considered
shortcoming by the Turkish law schools programs,
4.
(Repealed. 13/6/2000 – 4579/art. 1)
5.
Not have been condemned for a crime involving moral
turpitude or a guilt that requires solitary confinement
or not have been received one or more years in jail for
intent crime,
6.
Not have been lost the quality to become a judge,
prosecutor, officer or lawyer in consequence of a
verdict or a discipline decision,
7.
Not have been known by its environment for his attitudes
and behaviors incompatibles with notary public
profession,
8.
Not have been associated with a business incompatible
with notary public and notary public internship,
9.
Not have been limited by a court verdict,
10.
Have retaken his/her rights after bankruptcy,
(fraudulent or blamable insolvents are not accepted even
if their rights are returned.)
11.
Remove the debtor warrant, if decided,
12.
Not be physically or mentally disable so that he could
make his notary public duties as required and
consistently,
13.
Have his domicile in the place of internship.
Those who have been received five years of jail or
solitary confinement or those who have conclusively
condemned for debit, embezzlement, bribery, corruption,
thievery, cheating, forgery, breach of trust and
fraudulent bankruptcy are not accepted for notary public
internship, even if they are amnestied.
If the internship applicant is under prosecution for a
crime requiring one of the written inflictions of the
paragraph 5 of the first clause, it can be decided to
hold the decision about the internship demand until the
prosecution’s decision. If a public trial has been
opened against the applicant for a crime which could
require his prohibition from the public duties, it is
imperative to not implement the demand of internship and
to wait the trial result.
In so far, whatever the prosecution’s decision, in the
cases where the internship demand must be declined, the
demand is immediately decided without waiting the
result.
Works
that are incompatible with internship
Article 8
– The provisions of the first and second clauses of the
article 50 of this Law and the provision concerning the
prohibition of commerce inscribed in the third clause of
the same article are applied to the interns.
Internship
application
Article
9
– The application for internship is made via a petition
submitted to the notary public chamber to which all
notary public’s offices in the place of internship are
related. Following pieces are attached to the petition:
a)
Two authenticated copies of the documents enumerated in
the seventh article concerning the conditions of
internship,
b)
A declaration concerning the presence or absence of
obstacles cited in the paragraphs 5, 8, 10 and 11 of the
seventh article,
c)
A presentation note that will be composed by a member of
the said notary public chamber concerning the moral
conditions of the applicant for internship,
d)
Domicile address suitable for notification,
One copy of those pieces are certified by the president
of the chamber and then sent to the Notaries Union of
Turkey. Other copies or originals are kept in the file
at the chamber.
If the declaration given by the applicant appears
incorrect, a prosecution is opened against him/her for
committing the crime of making a false declaration to
the public authorities.
Internship
notice
Article
10
– In ten days following the decision of internship, the
demand of application for internship is announced
together with the documents indicated in the article
hereinabove for fifteen days in a suitable place of the
municipality or of the justice department building of
the said place.
Under the condition of showing clear proofs and facts,
all persons have the right to make objection to the
chamber for not proceeding to the registration for a
while.
Report
Article 11
– Before the announcement of the demand, the president
of the chamber employs one of the chamber’s notary
public’s offices for investigating and doing a report on
the moral conditions of the demander and the
compatibility of his/her works with the notary public
internship.
The decision of acceptance, of rejection or of waiting
until the prosecution’s decision
Article 12
– In a one-month period following the end of the
objection delay, the chamber board who takes into
consideration the written report mentioned in the
article 11 makes a justifiable decision concerning
whether the candidate is accepted or rejected to the
list of interns or the prosecution’s decision is waited.
In fifteen days following the notification, the members
of the chamber board, the Republic prosecutor or the
concerned can make an objection to the Notaries Union of
Turkey against this decision.
If there is no decision within the period indicated in
the first clause, then it is considered that the demand
has been denied. In this case, the demander of
internship can make an objection to the Notaries Union
of Turkey in fifteen days following the end of the
one-month period.
The decision of acceptance of the chamber board and the
decision of the Board of the Notaries Union of Turkey
upon the objection become absolutes after the
approbation of the Ministry of Justice. The concerned or
the Notaries Union of Turkey can make an objection to
the Council of State against the Ministry of Justice’s
decision.
Beginning of internship
Article
13
– The notary public internship begins from the date of
registration to the list.
Objection stops the registration process.
Determination
of the number of interns and of with which notary
public’s office the internship will be done
Article 14
– In each December, the Ministry of Justice who takes
into account in the one hand the numbers of the opened
or closed or to be opened or closed notary public’s
offices and in the other hand the opinion of the
Notaries Union of Turkey determines the number of
interns to accept for the next year and publishes this
condition for one time until the end of year in the
Official Journal or in the journals of the determined
locals. Notaries Union of Turkey can make an objection
to the Council of State against the Ministry of
Justice’s decision.
The notary public’s office with which the internship
will be done is indicated in the chamber board’s
decision taken in accordance with the article 12.
If the notary public’s office is closed or the notary
public quits his affairs for more than two months
because of an obstacle, the chamber board decides
immediately that the intern completes its internship
with a different notary public. In so far, this
provision is not applied to the intern having completed
its sixth month.
Internship
duration and intern’s duties
Article
15
– The internship duration is one year.
The internship is made without interruption. The
chamber board authorizes the completion of the days
during which the intern is absent for justifiable
reasons only if the intern makes an application within
one month that follows the disappearance of the problem.
In case of justifiable reasons, the president of the
chamber can give permission to the intern.
In the notary public’s office, the intern is in charge
of exercising the works indicated in this law and
regulation.
Reports
on internship
Article 16
– The notary public’s office in which the intern does
his/her internship composes quarterly reports that
indicate the intern’s moral conditions and professional
qualities and addresses it to the chamber it is related.
The latest of those reports includes the conclusive
judgment on the possibility of the intern to be a notary
public or on the necessity to prolong the internship for
six months.
If the notary public’s office with which the internship
is made is to be changed in accordance with the latest
clause of the article 14, the missing quarterly report
is arrayed along the report that covers the first
quarter with the new notary public. If the internship
place is not changed according to the same clause of the
article 14 and if the intern is appointed by proxy to a
different notary public’s office in pursuant of the
article 33, 34 and 35 and if the internship place is
changed during the last quarter of the internship, then
the quarterly reports and, under the condition that
notary public does not return to his/her post until the
end of the internship, the final report are composed by
the president of the chamber or his deputy by taking
into account the oldest reports and by collecting the
necessary information.
The president of the notary public chamber addresses
the intern’s file in which he/she included his/her own
opinion and which is accompanied with his domicile
address to the Presidency of the Notaries Union of
Turkey.
After including its own objections, if any, the
Presidency of the Notaries Union of Turkey addresses the
file to the Ministry of Justice.
The
decision of the Ministry of Justice
Article
17
– In 15 days which follows the arrival of the file, the
Ministry of Justice decides whether the purpose of the
internship has been achieved.
If the purpose has not been reached, this decision can
prolong the notary public internship duration for six
months or can put an end to the internship.
If the purpose has been reached, the Ministry of
Justice delivers a certificate of notary public to the
intern. This certificate authorizes the right to be
appointed to a third class notary public’s office in
service.
The concerned intern, the notary public’s office in
which the internship is done and the Notaries Union of
Turkey can make an objection to the Council of State
against the decisions of the Ministry of Justice, made
in accordance with this article.
The
registry of the notary public certificate holders
Article 18
– The notary public certificate holders are enlisted in
pursuant of their certificate numbers to the registry
taken in the Ministry of Justice.
If those whose record has been deleted from the
register request it, their re-registration is done in
accordance with their application date fixed in pursuant
of the second clause of the article 25. Those who are in
this situation and who apply in the same day are
arranged in order in accordance with their certificate
numbers. If, at the day of registration, there are those
whose registrations are to be done in pursuant to the
first clause, then, this type of registration has
priority.
Other points that show the situation of the concerned
and that are indicated in the regulation are also
inscribed in the register. In case of appointment to the
notary public, of death, of permanent loss of
appointment conditions to the notary public or of other
situations shown in this law, the mode of the removal of
the registration is indicated in the regulation.
The
obligation of address notification
Article
19
– The ones who hold notary public certificate and who
are enlisted in the register mentioned in the article 18
have the obligation to notify to the Ministry of Justice
any change in the address that they have notified to the
notary public chamber in pursuant of the article 9 and
so in 15 days which follows the day of change.
Internship
wages
Article
20
– The notary public internship is gainful.
The internship wage is fixed by the Notaries Union of
Turkey who takes the opinion of the Ministry of Justice
and is paid from the Union’s budget between the
beginning of the internship and the delivery of the
notary public certificate by the Ministry of Justice.
In case of illness of the intern justified in
accordance with the regulation, the wages are not cut
during the permission which is utmost two months,
including the permission mentioned in the article 15.
In case of prolongation of the internship in accordance
with the article 17, the intern receives no wages for
this prolongation.
Excluding the involuntarily loss of one of the
internship qualities, if the intern quits the internship
or is dismissed from the internship or the holder of
notary public certificate rejects two times the Ministry
of Justice’s proposal regarding his/her appointment for
notary public or refuses to begin the work to which he
is appointed after his/her application to the announced
notary public and then is considered resigned or quits
the career by his/her own will without serving at least
two years at the notary public’s office that he/she is
first appointed, then the total amount of the wages that
are paid to him/her for internship is collected by the
Notaries Union of Turkey together with the legal
interest of the payment period in accordance with the
provisions of the Execution
And Bankruptcy Law regarding to the execution of
the sentences. This receivable of the Notaries Union of
Turkey is brought under prescription in one year
beginning from the date of occurrence of the payment
reasons mentioned above or, in any cases, in ten years
beginning from the delivery of the notary public
certificate.
Responsibility of the intern
Article
21
– The interns are responsible as the real officer of all
the businesses which they made during the internship
duration in pursuant of the provisions of this law and
regulation.
PART THREE
Appointing notary public
CHAPTER ONE
Announcement and application procedure
Announcement
Article 22-
Notary publics that are vacant, opened or upgraded from
fourth to third class will be announced for one time in
The Official Gazette and the gazette that will be issued
in that place, in Ankara and in Istanbul and in places
which will be designated by The Ministry of Justice.
The announcement of the Notary publics that will be
vacant because of age restriction is obligatory before
the notary public will be dependent on age restriction.
The previous gross income of the notary public that is
vacant or upgraded to the third class and foreseeable
gross income of newly opened notary public that will be
designated by the Ministry of Justice according to the
precedents and the necessary documents for application
will take place in the announcement.
Application procedure
Article 23-
(Changed clause 1
13.06.2000 – 4579/ art. 2) the ones who
submit their applications to the announced notary
publics are obliged to attach the document showing they
didn’t lose the conditions mentioned in Article 7,
paragraphs 1,5 and the following and the document
showing the completion of military service or the
document showing unsuitability for the military service
to the petition that will be submitted to
the office of the director of
the public prosecutions place of their residence
that will be sent to the Ministry of Justice or the
Ministry.
The Ministry of Justice will not take the request of
the people with the uncompleted documents into
consideration within the given period.
The above-mentioned provision of the paragraphs will
not be applied to the ones lawing as the notary public
on the application dates.
Last section, Article 9 provision will be applied in
this case.
CHAPTER
TWO
Designation to the third class notary public
Designation upon announcement
Article 24-
according to the Article 22 only the ones who possess a
notary public certificate will be designated to the
announced third class notary public.
Following a month completion of the last announcement
date and completion of the period by all means as
stipulated by the paragraph 2, Article 23 Article the
Ministry of Justice designates the one at the top of the
register, as stipulated by the Article 18 as the notary
public, under the condition not to possess any hindrance
Designation upon proposal
Article 25- (Abolished. Article 17, law no 3588
16/11/1989)
Upon the refusal of the proposal
Article 26- (Abolished. Article 17, law no 3588 of
16/11/1989)
CHAPTER
THREE
Designation as the first class, second class and third
class notary publics
Designation procedure
Article 27- (amendment: Article 2, law no 3588 of
16.11.1989)
The Ministry of Justice will designate one of the
applicants as the notary public; the first class ones
among the first class notary publics, second class ones
among the first or the second class notary publics and
third class ones among the first, second or third class
notary publics following the completion of an
announcement within a month period according to the
Article 22. A person who possesses a notary public
certificate can be designated as a third class notary
only if a third or a higher class application is not
submitted. Regarding a second or third class notary
public designation, a priority has been given to the
designation request of the higher class notary publics.
Designation request of a notary public failed to law as
a notary public for two years will not be taken into
account.
During the designation process, seniority serves as a
basis for notary publics among the same class, and
incase of equality of seniority; qualification degree
compared to employment record shall be taken in
consideration. Those who certify in regulation that they
speak at least one of the languages like German, French,
English or Italian among the notary publics who have the
same seniority and qualification shall be preferred over
other candidates and those who graduated from one of the
foreign faculties of law in one of the languages
mentioned-above shall be preferred over others and those
who have a doctorate in law shall be preferred over all.
In case of equality of conditions on the above-mentioned
situation, those who graduated previously shall be
preferred. The person to be appointed shall be fixed,
based on drawing lots in case of equality
mentioned-above.
CHAPTER
FOUR
Joint Provisions
Designation by means of transfer
Article 28- (Abolished.
Article 17, law no 3588 of 16/11/1989)
Designation
request of the notary publics who leave by means of
closing down the notary public office or by resigning
Article
29- (Amendment: Article 3, law no 3588 of 16/11/1989)
When
the adjudicatory power annuls a designation
possession to a vacant
or a newly started notary public office, the unemployed
notary public returns to law his former duty, if another
notary public is designated for his former duty the
notary public will be designated primarily for the
vacant position of his notary public class or for the
new notary public office that is newly started. The
service period of the above-mentioned notary public is
counted as he serves in the new notary public.
A notary public who quits his profession by means of
resignation after fulfilling his/her two-years service
period and submits his application upon announcement,
and certifies his notary public competency; he shall be
designated to a notary public of his/her class or a
lower class on the date of his resignation as stipulated
in the framework of principles within the first
paragraph of Article 27.
A notary public who quits his/her profession by means
of resignation without fulfilling
his/her two-years service
period; shall be designated to a notary public of
his/her class on date of his resignation by certifying
his/her notary public competency and only if no other
candidate is available as stipulated in the Article 24
and 27
notary public who has resigned shall be designated to a
lower class notary public upon his/her request as
stipulated by the principles
in first section of the article 27. In both
cases, if there is more than one request the preference
shall be given according to the second section of
Article 27.
a notary public who quits his profession by means of
resignation can not submit his/her request for
designation after completing the 6 months period of his
resignation.
a notary public who quits his profession twice by means
of resignation can never be designated as a notary
public again.
The deputy notary public who is designated before this
law came into effect can not take advantage of the
second and third section’s provisions of the
above-mentioned law. After resigning from the notary
public office the above-mentioned ones can not be
designated to a notary public office unless he/she
possesses the qualifications and competencies mentioned
in Article 7.
To
begin, to renounce and resign the duty
Article 30-
notary public title is acquired by the notification of
the designation decision. Notary public title of a
notary public’s designated or transferred to a notary
public office in his/her class or in a higher class,
A person designated or transferred to a notary public
office, have to commence his/her duty within a month
period, following the appointment notification or
transfer decision. Within this period, the appointed or
transferred person failing to commence his/her duty
without any justified reasons or in case he/she submits
the designation or transfer request renouncement
petition to the Ministry or the office of the director
of the public prosecutions, following the appointment or
transfer decision notification, this person shall be
considered as a resigned person acting as a notary
public.
(Article
17, Law no: 3588 of 16/11/1989 and last sentence of
second paragraph abolished, Article 4 and third and
fourth paragraphs of the same law amended as follows: )
The person who is designated as a notary public before
the designation or transfer decision have not been
notified to him/her, shall renounce from his/her
request by submitting a petition to the Ministry or the
office of the director of the public prosecutions.
The designation request of a person who renounces three
times as mentioned-above shall not be taken into
consideration. If the above-mentioned person holds a
notary public certificate his/her certificate shall be
annulled. One of the present candidates shall be
designated as a notary public in case a renunciation
before the designation decision notification takes place
without any further announcement according to the
articles 24, 27 and 29.
Period of starting the duty in a new notary public
office for those who are already in the profession shall
commence following the date of handover operation of the
previous notary public office.
(Last
paragraph - Article 3, law no 4579 of 13.06.2000)
The Ministry of Justice shall fix a month period to the
notary public, who starts up a notary public office in a
place that is not determined by the Ministry of Justice
or moves his notary public office to the above-mentioned
place, for moving his notary public office to the place
determined by the Ministry of Justice. The notary public
who fails to move his notary public office in the
determined place shall be considered as resigned from
his duty and his notary public office shall be moved to
a determined place under the supervision of the Notary
Public Association in Turkey.
PART FOUR
Power to Notary Public and Warrant
The management by proxy of the dismantled notary
public’s office
Article 33
– Whatever the reason, if a first, second or third class
notary public’s office is dismantled, the Office is
managed by proxy by the intern who is completed the six
month of his/her internship in the said Office, if there
is more than one intern in this position, then by the
senior intern, if there is no intern in this position,
by an intern which will be found and charged by the
notary public chamber and in the absence of all these
options, by the chief clerk or, if unavailable, by the
most senior clerk of the Office
(Changed clause 2: 16.11.1989 – 3588/art. 5) (Changed
phrase 1: 2/3/2005 – 5309/ art. 3)
If there is no available clerk in the notary public’s
office, this duty is fulfilled, upon the notification of
the Republic Attorney General, by an enforcement
officer, an assistant enforcement officer or an adequate
justice officer who are appointed by the justice
commission. If the deputy reveals insufficient during
the controls, he/she can be changed any time.
The officer who rules the notary public’s office in
accordance with the above clauses receives a wage fixed
by the notary public chamber; this wage can not be less
than his/her monthly wage or revenues and is paid from
the notary public’s income. By the way, this wage can
not be more than half of the gross income of the notary
public’s office.
(Changed: 16.11.1989 – 3588/art. 5)
The notary public’s office’s dues, the deputy’s wages
and the other expenditures of the notary public’s office
including the travel allocation which is given for the
deputy’s personal operations will be separated from the
monthly gross income of the notary public’s office and
the balance together with the detailed list of
income-expense will be addressed by the deputy to the
Notaries Union of Turkey ultimately until the fifteenth
calendar day of the following month.
Proxy in case of temporarily separations
Article 34
– If the notary publics are temporarily separated
because of arresting, of constrained work ceasing and of
dismissal, their duties are performed in pursuant of the
article 33.
In this case, excepting the case of temporarily
dismissal, the notary public office’s dues and the
deputy’s wage are separated and one half of the remained
gross income is attributed to the notary public; the
other half is withheld until the conclusive decision of
the investigation and the prosecution and it’s so in
order to offset the debit or otherwise to restore to the
notary public. In case of temporarily dismissal, notary
public’s office’s dues and the deputy’s wage are
separated and the remained gross income is send to the
Notaries Union of Turkey.
If the temporarily competent assistant notary public
ceases to work because of the reasons mentioned in the
first clause, a deputy is chosen according to the
procedure indicated in the article 32. The deputy
receives all the incomes.
Proxy in case of obstacle
Article 35
– The notary publics who left their businesses because
of illness and justified reasons are substituted by the
person who has the primary authority to sign in the said
notary public’s office.
If there is no person with authority to sign, the
businesses are done by the intern having completed six
months of his/her internship in the said notary public’s
office, if there is no intern in this situation, by the
chief clerk or senior clerk of notary public and if
there is no person to whom the attorney could be
presented then by an another intern having the qualities
mentioned hereinabove and who is considered adequate by
the notary public chamber.
(Changed clause three: 2/3/2005 – 5309/art. 4)
If there is no available person, this duty is fulfilled,
upon the application of the notary public to the
Republic Attorney General, by an enforcement officer, an
assistant enforcement officer or an adequate justice
officer considered sufficient who are appointed by the
justice commission in return of a wage appreciated in
accordance of the third clause of the article 33.
If the temporary notary public assistants have the
obstacles indicated in the first clause, then the last
clause of the article 34 is applied.
Power
Article 36 –
Notary public can give power of attorney to his intern
having completed three months of his/her
internship, to his chief clerk or to his another clerk
in order to receive help.
In case of more than one power of attorney, the priority
order of these powers of attorney is indicated in the
licenses.
The modalities in which the power of attorney can be
granted are specified in the regulation.
PART FIVE
Notary Public Oath, Guarantee, Samples of Signature and
Seal
Notary Public Oath
Article 37
– Before they start to work, those who are first
appointed to the notary public take an oath on their
hearts and honors at the court of first instance or at
the individual civil court of peace to which they are
related; the oath indicates that they will execute this
confided duty in a right manner and with no partiality.
One of the three copied records is addressed to the
Ministry of Justice. Another copy is addressed to the
Republic General Attorney and the last one is held in
the file at the notary public’s office.
Guarantee
Article 38
– In two months which follows their beginning to work,
those who enter in the notary public profession must
guarantee 5 % of the annual gross income of the notary
public’s office. The guarantee can only be cash.
The guarantees of the notary public’s offices that will
be opened are paid according to the gross income
estimated at the notary public advertisement.
Also, until the end of the February of the concerned
year, the notary public’s offices guarantee 1 % of the
real gross income of the previous year.
The amount of the guarantee is paid into a national bank
of which more than half of its capital belongs to the
State. Those banks are shown in the regulation.
The guarantee is a counterbalance for the damages caused
by the notary public’s offices and hence for the fines
assessed to them. Those moneys can not be transferred
(assignment of claim) or discharged (hypothec) to
someone else. According to the article 49, a part in
withheld during the cession; the execution reveals
possible from the rest.
In order to make him/her fulfill his/her obligations,
the Ministry of Justice gives an adequate time, one
month at best, to the notary public who does not pay the
guarantee in the fixed time or who does not pay all
sums. The notary public who does not complete his/her
guarantee is considered resigned.
Samples of signature and seal
Article 39
– The notary publics are charged with the responsibility
to send to the local governorship the three samples of
their notarial seal and signature in 15 days which
follows the date of their beginning to work.
Also, one sample of the signatures of the ones to whom a
power of attorney is presented is sent to the local
governorship in 15 days which follows the preparation of
the said power of attorney.
PART SIX
Notary Public Office
Office quality and renting
Article 40-
notary public office shall be accepted as government
office. Notary public shall make the renting contract on
behalf of the office.
Notary public is responsible for all expenses of notary
public office.
Document and books supply and destruction
Article 41-
according to the procedures mentioned in regulations,
document and books and other office supplies and supply
used in organs of Notaries Union of Turkey and
destruction of document and papers shall be subject to
the stipulations regarding government offices.
Personnel
Article 42-
Notary public office personnel consist of considerable
amount of clerks and employees working under the service
of the notary public.
In notaries public offices where there are at least two
clerks, one shall works as head clerk.
Head clerk
Article 43-
head clerk is the personnel chief in the notary public
office.
Head clerk is as well as responsible as notary public
from documents, books and registered moveable property.
Conditions required for being a head clerk
Article 44-
Conditions required for being a head clerk are as
follows:
possess conditions stipulated in government official
law, not being discharged by a penal or disciplinary
decision, complete candidacy period of six months,
authentication of competency by the notary public
Candidate, whose competency has not been authenticated
yet, shall work for another six months. If the candidate
fails, he/she shall not work any longer in that Notary
public office.
Those who completed courses opened by Notaries Union of
Turkey or Chambers shall be a candidate in Notary public
office before anyone else.
Contract obligation
Article 45-
notary publics hire candidates at least for a year
contract. Notary public has the right to notice of
report owing to incompetence of the candidate, unless
written explicitly following the completion of candidacy
period. In case candidacy period extends, the same
stipulation shall be applied.
Within the notice of report period if the contract is
not annulled or candidacy is not extended, the contract
shall continue as clerk contract following the
completion of the period.
Notary clerk and candidate contract shall be prepared as
four copies and first copy shall be sent to notary
chamber, second copy shall be sent to regional labor
directorship within 15 days following the date it is
prepared. The third copy shall be kept with notary
public and the last shall belong to the clerk or
candidate.
Authenticated copies of documents showing the candidate
possess the conditions mentioned in Public Officials Law
shall be attached to the copy sent to the Chamber.
Notary public shall notify the chamber within 15 days
following the situation appears like; the clerk
candidate contract became a clerk contract or the
contract terminates for any reasons according to the
second paragraph.
Notary publics who act contrary to the above-mentioned
paragraphs, if found faulty, shall at least receive a
condemnation for the first time.
The above-mentioned stipulation shall be applied for
those who act contrary to the article 44.
In case discharge decision is final for notary clerk and
candidate, clerk and candidacy contract shall be
annulled automatically on the date of the final
decision. Clerk and candidate can not demand any
indemnity for his reason.
Duties fail to be executed by the employees
Article 46-
employee shall not be employed as clerks.
Annual leave of absence or special leave
Article 47-
notary publics shall give the leave of absence to the
clerks and employees who work in the notary public
office at least a year as follows:
A) Those who work from 1 to 5 years (5 years included)
shall have 15 days
B) Those who work from 5 to 15 years (15 years included)
shall have 20 days
C) Those who work for more than 15 years shall have 1
month
leave of absence.
Those who shall have their leave of absence away from
the notary public office shall have a supplementary
leave of absence up to 7 days, to compensate for period
in arrivals and departures.
The competency period of clerks shall be taken into
consideration in calculating service period of a year,
mentioned in the first paragraph.
The notary public shall give to clerk and employees a
leave of absence at most for ten days in a year
including the departures and arrivals, under the
condition of having a justified excuse. If those-above
mentioned leave of absences exceeds ten days in total,
the exceeding amount shall be deducted from the annual
leave of absence.
Clerk and employees shall have their total salary within
the period they are on leave, as stipulated in the
above-mentioned paragraph.
Collective labor contracts
and service agreements shall increase the
above-mentioned periods shall be increased. Annual paid
leave right shall not be abandoned.
Application of labor legislation
stipulations
Article 48-
any relation arising from service agreement between
clerk and employers with the notary public is subject to
the labor legislation unless stipulated otherwise in
this law.
Notary public office transfer
Article 49-
Whatever the reason, if a notary public office became
vacant, the relevant notary public or the person
authorized to sign shall notify the situation in writing
to the office of the public prosecutors. The office of
the public prosecutor shall notify the situation to the
Ministry of Justice or notary chamber, if notary public
died; to his/her rightful inheritors and shall examine
his/her calculations and operations within two months at
most and shall transfer document, book, paper and trusts
to a representative along with a minutes, shell send the
report to be prepared with a copy of the minutes to the
Ministry of Justice. If the notary public has no
connection, the Ministry of Justice shall make the
notary public or to his/her rightful inheritors to
return the guarantee. If the If the notary public has
connection, compensated amount shall be deducted, and
measures shall be taken according to the examination
results of legally authorized bodies.
office of the public prosecutors or and notary public or
present inheritors shall determine an item belonging to
notary public in notary public office and shall be used
by the representative, in return for a fee specified by
notary chamber, until the new notary public takes over
the duty
Stipulation of first paragraph regarding; document,
book, paper and trust transfer to the representative
shall also be applied for notary public office transfer
from; notary public to notary public, representative to
notary public and from one representative to another.
If the parties shall not reach an agreement on the
amount to be paid for the transfer of present items and
installments from the previous to the last notary public
within the notary public office, the notary chamber
shall fix this amount.
Notaries Union of Turkey shall pay the transportation
fee, fixed according to the charges law, to the public
prosecutor who is present in transfer of notary public
office and justice officials assigned for help by the
above-mentioned prosecutor. In so far, whatever the
transfer period takes, transportation fee shall not be
given for more than five days .
PART SEVEN
The Obligations and Rights of Notary Publics
CHAPTER ONE
The Obligations of Notary Publics
Works that are incompatible with notary public position
and are prohibited for notary publics
Article 50
– Any service or duty is compatible with notary public
position; excluding the duties given by the juridical
authorities, presidency or membership to the scientific
or charity foundations, arbitration or testamentary
executorships.
(Second clause repealed: 18/06/1997 – 4276/art. 25)
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