Profession of Notary - conditions for obtaining the licence and application requirements

1. 5. 2014 | Source: Point of Single Contact (PSC) Czech Republic

The document sets forth the conditions and further information for obtaining authorisation as a notary and the application requirements.

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Conditions for granting a licence

Notary candidate

Within two months of submitting a written request, the Notarial Chamber shall include onto the list of notary candidates any individual who:

  1. meets the criteria specified under Article 18(1), 1
  2. has completed at least three years of practice as a notary (Article 7(2), and
  3. has passed the notarial examination

Notary

The profession of notary may be pursued by any citizen of the Czech and Slovak Federative Republic who:

  1. has full legal capacity
  2. has completed an accredited Master’s degree in law at a university in the Czech Republic, or completed their education in law at a university abroad, if specified by an international agreement to which the Czech Republic is a party, or if the said educational qualification has been acknowledged pursuant to special legal regulations. The above educational qualification requirement shall also be regarded as having been satisfied for education completed at a Faculty of Law attached to a university established in the territory of the Czech and Slovak Federative Republic, or its legal predecessor
  3. is a person of probity
  4. has completed a minimum of 5 years of notarial practice – whereby "notarial practice" denotes professional experience in the position of notary, notary candidate and notary trainee. Notarial practice experience shall also include, in full measure, practice in the position of judge, prosecutor, commercial lawyer, licensed executor, judge on the Constitutional Court or the Supreme Court and the Supreme Administrative Court, licensed executor candidate, trainee judge, prosecution trainee, legal trainee, licensed executor trainee or legal trainee for a commercial lawyer; other types of legal experience may count for a maximum of 2 years
  5. has passed the notarial examination. A person who has passed the professional judicial examination, the judiciary examination, the unified judiciary examination, the unified judiciary and Bar examination, the prosecutors’ examination, the Bar examination, the licensed executors’ examination or a professional commercial lawyer examination shall also be regarded as having passed the notarial examination

The requirements for commencing activities as a notary are:

  1. appointment as a notary
  2. an oath taken before the Minister of Justice, unless the person concerned has taken the oath previously
  3. acquisition of an official notary stamp
  4. having taken out a professional liability insurance policy against damage or loss that may be incurred in association with pursuit of the profession

Application requirements

The only requirement is that the submission shall be made in the Czech language.

Further information on the licence proceedings

Type of licence

  • Notaries are appointed by the Minster of Justice following a proposal submitted by the Notarial Chamber of the Czech Republic.

Respective authority

  • Notarial Chamber of the Czech Republic

Control and supervisory bodies

  • Ministry of Justice

Procedure for granting a licence

  • The chamber shall submit its proposal based on the results of a selection procedure it has launch and organised. Based on the applications submitted, the chamber shall include in the selection procedure anybody who meets the requirements.
  • The number of notarial offices within the district administered by each District Court shall be specified by the Minister of Justice following a statement by the chamber.
  • A notarial office is established and cancelled by the Minister following a statement by the chamber. A notarial office is identified by the name and surname of the notary within the District Court.

Application clearing deadline

  • Whoever complies with the requirements may be included onto the list of notaries. Inclusion onto the list of notaries shall be registered by the chamber without undue delay, at the latest within 1 week of issuing the certificate attesting to the listing, which the Chamber shall provide the notary upon payment of the fee specified for issuing the certificate.

Validity period of licence

  • Unlimited term of office for a notary.

Professional liability insurance

  • Yes – starting the profession is conditional upon taking out a professional liability insurance policy against damage or loss that may be incurred in association with pursuit of the profession.

Current Community regulations

  • Council Directive 77/249/EC to facilitate the effective exercise by lawyers of freedom to provide services
  • European Parliament and Council Directive 98/5/EC to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained

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