RAPPORT MACEDOINE: L'informatique notariale
RAPPORT MACEDOINE: L'informatique notariale
Rapporteur national: SLAVJANKA ANDREEVA

NEW TECHNOLOGIES IN THE WORK OF NOTARIES

Legal regulative in the Republic of Macedonia relating to the duties of a notary in view of the use of new technologies is still lacking. However, work is being done for quite some time in realization of different projects in this area, which are being promoted as guiding principles: improvement of the efficiency and cost efficiency in the work, realization of rights and freedoms of citizens and legal entities, increase of the level of satisfaction and legal certainty, etc.

We will mention the following projects as an example, most of which are still being implemented, especially in the notary work:

- Introduction of electronic records keeping systems, IT – management and AKMIS system in the courts (Basic and Apellate Courts), with projections that notaries will be also connected to these systems;

- Connecting notaries with data bases of institutions related to the notary work, such as the Real Estate Cadastre Agency, the Central Registry, Anti-money Laundering office, Personal Data Protection Directorate, Free Access to Public Character Information Committee, etc.        

From the projects realized so far and the established electronic communication, notaries in our country use the following applications:

- Electronic use of information from the different databases of institutions, such as: the Real Estate Cadastre Agency and the Commercial Registry functioning within the Central Registry;

- Еlectronic editing, signing and registering indebtedness in the Indebtedness

Registry through the Central Registry of the Republic of Macedonia;

- Electronic publishing of announcements by using electronic signature and electronic payment in the Official Gazette of the Republic of Macedonia;

- Program "NOTARIUS" – software solution to improve efficiency in the every day office work. This software contains database on notary attestations and is in fact, used as "common electronic book".

There is also communication enabled among all notaries via the web page of the Notary Chamber of the Republic of Macedonia by forum only accessible to notaries, using their own user names and passwords. The forum is used to exchange opinions and positions on current work, to publish acts and decisions of the Chamber and some other notifications relevant for the work of the notaries.

The term electronic notary document is still not existing in the Republic of Macedonia, but there is procedure under way, draft Law on amendments of the Notary Law which will introduce it. Notaries in the Republic of Macedonia are yet to be able to make a notary act with the electronic correspondence having a role of a public instrument based on the electronic signature. As of September 1st, 2012, notaries started electronic writing of a indebtedness signing it with a digital certificate, but after it is signed, it is printed out and solemnized, i.e. verification is made pursuant to the provisions of the Notary Law, for solemnization of a private documents, signed by the parties, which prevents from this document to be an e-document.

There is no Registry of Testaments in the Republic of Macedonia, and there is no use made of new technologies in the testament writing procedure, but considering the benefits provided by the new technologies, it is possible for such a project to be developed in the future.

Notaries are electronically connected with several institutions, such as: Real Estate Cadastre Office, Financial Intelligence Office, Central Registry of the Republic of Macedonia, etc.

Notaries are electronically connected with the Real Estate Cadastre Office, being able to check which real estate is burdened by a mortgage or pledge. However, notaries are still lacking electronic connections with the Pledge Registry within the Central Registry for movable assets. In this way, they can check if there are pledges, encumbrances on assets to be transferred to someone else. This system provides for electronic checking (via Internet) of the physical description of the asset in the public database. Communication with public registries – the Cadastre Office – is not existant in the final phase, to have electronic delivery od attested copies of notary documents, to enlist them. The communication is existing in the initial steps of this process (before attesting notary documents) when copies are taken from different documents (ex. Ownership certificates, etc.).

In our country, the notaries have no connections to a system for confirmation of payment of municipal taxes which is subject to a transfer of in a procedure before a notary. There is a system in the Tax Collection Office functioning within the municipal administration. However, it does not allow for the citizens to pay taxes for real estates trade and undertaking further steps in the ownership process, if they are lagging behind with payments of debts on any grounds towards the municipally (ex. property tax, etc.).

The registration or change of data on trade companies in the Republic of Macedonia is not an obligation of the notaries. They only have read only access to the data already registered for trade companies. On the other hand, the time required to register or change data on trade companies has been drastically reduced (1-2 days).

Notaries in the Republic of Macedonia have electronic connections and cooperate with civil servants. Electronic connection means use of electronic signature and complete electronic communication in cases when no electronic act is required.

Notaries in the Republic of Macedonia are subjects in the Anti-Money Laundering and Terrorism Financing Law and have electronic connections with the Anti-Money Laundering and Terrorism Financing Office. As provided by law, the notaries are obliged to electronically report legal act they have created, certified or attested should they do so in an act that has elements and indicators of money laundering and terrorism financing, on the same day when the document was created. The Anti-Money Laundering and Terrorism Financing Office collects, processes, analyzes, stores and submits reports from the subjects.

The notaries make identification of the owner, i.e. the manager of the legal entity approaching their office, having an insight in the document issued by the competent Trade Registry that the notaries have online connection with.

As for technologies used for storage of documents or forwarding information, receiving or sending information or archiving notes, i.e. creating notary acts and documents, external measures are used, with all acts being made in written.

According to the Personal Data Protection Law, every notary is obliged to arrange for an appropriate person to provide back-up of all computer files and there is no centralized system to do this. Back up is to be made at the end of every work day, at the end of every working week and at the end of each month.

Administrative management of a notary office is unified as per the applicable legal regulations in the Republic of Macedonia. The accounting management decisions are made by each notary individually.

New technologies may have important role in the following situations:

- Software solutions for storing all notary acts and documents in a electronic database.

- Complete electronic connections with all competent institutions in all phases of the process of creating notary acts, including banks. Especially important is the possibility of providing electronic sending of attested copies of notary acts, to register them in the Public registries and getting return report of the registration made.

- Possibilities to open web pages for each notary individually, primarily for the purpose of additional information and real-time communication with interested parties, especially the clients

PUBBLICAZIONE
» Indice