Regulations Regarding the Notarial Functions to be Performed in Diplomatic and Consular Missions of the Republic of Latvia in Foreign States

Issued pursuant to
Section 4, Paragraph three and Section 17,
Paragraph two of the Law on Consular Assistance
and Consular Services

I. General Provision

1. The Regulation prescribes:

1.1. the notarial functions performed by a consular officer and an honorary consul in diplomatic and consular missions of the Republic of Latvia abroad (hereinafter - the mission) and the procedures for performing such functions;

1.2. the amount of the State fee, procedures for its payment, and the exemptions from the payment of the State fee for the performance of notarial functions in the missions.

II. Procedures for Performing Notarial Functions

2. The consular officer and the honorary consul shall perform notarial functions to the extent and in the consular district specified in the authorisation of the Minister for Foreign Affairs. Notarial functions that have been performed in another consular district shall not have the effect of a notarial activity.

3. Upon commencement of work, the consular officer and the honorary consul shall submit to the Consular Department of the Ministry of Foreign Affairs specimens of his or her signature and stamp of the mission.

4. The consular officer and the honorary consul shall perform notarial functions on the premises of the relevant mission during working hours. The consular officer and the honorary consul may set individual days or hours when only notarial functions are performed.

5. When performing notarial functions the consular officer and the honorary consul shall collect the State fee in accordance with this Regulation.

6. For persons who cannot appear at the mission due to objective reasons, but are in the consular district specified in the authorisation of the consular officer or the honorary consul, the consular officer and the honorary consul may perform notarial functions at the place where these persons are located and also outside working hours by collecting an additional payment for it in accordance with the laws and regulations regarding the amount of consular remuneration of the Ministry of Foreign Affairs.

7. The consular officer and the honorary consul shall perform notarial functions for the following:

7.1. those citizens or non-citizens of Latvia and persons to whom the status of a stateless person or refugee, or an alternative status has been granted in the Republic of Latvia, who live in the consular district of the mission or abroad outside the consular district of any other mission and have notified the address of their place of residence in a foreign state in accordance with the procedures laid down in laws and regulations;

7.2. those citizens or non-citizens of Latvia and persons to whom the status of a stateless person or refugee, or an alternative status has been granted in the Republic of Latvia, who do not meet the requirements referred to in Sub-paragraph 7.1 of this Regulation - only within the framework of a consular assistance case;

7.3. foreigners if it is necessary to represent the interests of children or persons with limited capacity to act - citizens or non-citizens of Latvia.

8. Notarial functions shall not be performed for the person referred to in Paragraph 7 of this Regulation who exercises the rights of representation on behalf of a legal person.

9. The consular officer and the honorary consul may carry out the following notarial activities:

9.1. draw up powers of attorney and consent in the form of notarial deed within the framework of a consular assistance case and for the representation of interests of children and persons with limited capacity to act;

9.2. draw up certificates. The consular officer and the honorary consul shall certify the following:

9.2.1. the authenticity of a signature (also authenticity of a signature of a translator);

9.2.2. the fact that a person is alive;

9.2.3. the copies and translations of documents;

9.3. issue extracts from the notarial deed book, the Register of Deeds and Certifications.

10. The consular officer and the honorary consul shall keep the following:

10.1. the registers for the recording of deeds and certifications;

10.2. the notarial deed books.

11. The Minister for Foreign Affairs shall lay down the procedures by which the consular officer and the honorary consul keeps, stores and transfers registers for the recording of deeds and certifications, and notarial deed books.

III. Amount of the State Fee, Procedures for its Payment and Application of Exemptions

12. The amount of the State fee for the performance of notarial functions in the mission is EUR 10 for the following:

12.1. the drawing up of a notarial deed;

12.2. the issuing of an extract from the notarial deed book, the Register of Deeds and Certifications, and also copies of notarial deeds;

12.3. the certification of the authenticity of a signature on a document and the certification of the authenticity of a signature of a translator (for one document). The State fee for the certification of the authenticity of a signature shall not be collected if the authenticity of the signature is certified in order to submit to the Central Election Commission, in accordance with the procedures specified in Section 22, Paragraph two of this Law, a fully drawn-up draft law or draft amendments to the Constitution as specified in Section 22, Paragraph one of the law On National Referendums, Legislative Initiatives and European Citizens' Initiative;

12.4. the certification of the correctness of translation of a document in another language (for one page);

12.5. the certification of the correctness of copy of a document (for one page).

[27 April 2021]

13. The State fee shall be paid before a notarial activity is carried out.

14. A person shall make payments of the State fee for the performance of notarial functions into the State budget in accordance with the laws and regulations laying down the procedures by which the diplomatic and consular missions of the Republic of Latvia abroad are collecting the State fees.

15. The Director of the Consular Department of the Ministry of Foreign Affairs or an official authorised by him or her may, based on a substantiated application of a person, take the decision to exempt the person from the payment of the State fee due to humanitarian considerations.

IV. Closing Provision

16. The following Regulations are hereby repealed:

16.1. Cabinet Regulation No. 283 of 21 April 2008, Regulations Regarding the Performance of Notarial Functions in Diplomatic and Consular Representations of the Republic of Latvia (Latvijas Vēstnesis, 2008, No. 63; 2016, No. 154);

16.2. Cabinet Regulation No. 521 of 9 August 2016, Regulations Regarding Consular Services State Fee for Carrying out Notarial Activities Performed by the Consular Officers Abroad (Latvijas Vēstnesis, 2016, No. 154).

Prime Minister Māris Kučinskis

Minister for Foreign Affairs Edgars Rinkēvičs

Translation © 2021 Valsts valodas centrs (State Language Centre)