
In Moldova, an electronic notarial document will receive legal force.
This is envisaged by the draft amendments to the Law on Notarial Activities and the Law on Notarial Procedure, included in the package of legislative amendments under the general title Contactless Business in Moldova. The project describes the features of electronic notarial activity and determines the place of an electronic notarial deed in documents issued by a notary. It is provided that a notarial deed in the form of an electronic document can be drawn up with the consent of the notary and all participants in the procedure, provided that they can ensure simultaneous presence and can communicate face to face via electronic means of communication, and also if they have a qualified electronic signature. Remote communication is not possible if at least one of the participants does not agree to this or does not have the necessary technical means. The draft stipulates the requirements for the procedure for drawing up, signing, registering and archiving such acts. The conditions for authorization and registration of notaries who carry out electronic notarial activities, their rights and obligations are also fixed. Procedural rules and requirements for remote interaction between notaries and persons who sign notarial deeds through electronic means of communication are established. Thus, according to amendments to the Law on Notarial Procedure, identification and legal capacity, familiarization and signing of a notarial deed, expression of consent to certain actions can be carried out via electronic means of communication, without the physical presence of interested parties. Foreign citizens will be able to use electronic notarial deeds only if they have a valid residence permit. Registration of electronic notarial documents will be carried out in the E-Notar information system, which is to be created within 3 years. Paper registers of notarial deeds will subsequently be gradually replaced by electronic registers. The approved bill will enter into force 3 months after its publication in Monitorul Oficial. By this time, the Ministry of Justice will bring its regulations in line with the changes made. It is envisaged that the costs of notaries for investments, equipment and other aspects related to electronic notarial activities will be covered from the general income of notaries within 3 years from the start of the bill. Consultations on the draft amendments within Contactless Business in Moldova are held until February 17: https://bit.ly/3YrAk1k. // 13.02.2023 — InfoMarket