State notary in Almaty — or a private notary with the same force of the document and registration on the same day

Useful information

State notary in Almaty: how it differs from a private one

A power of attorney to sell a flat, a sale and purchase agreement, dealing with an inheritance — these are the matters residents of Almaty take to a notary. Many are also convinced that going to a state notary is more reliable and more advantageous: that is what their parents did, and it feels safer. A person travels across the whole city, queues, and then finds out that the required action could have been done closer and faster.

The mistake is not only the wasted time. If you do not check the specialist's authority, do not confirm the schedule and do not gather the documents in advance, the visit ends in a refusal and a second trip. Below — how to tell a state notary from a private one, where to look for reliable information and which questions to settle before you arrive for your appointment.

State notary and private notary: what is the difference

Many people in Almaty look for a state notary, believing that only such a document has force. That is not so: a state notary and a private notary operate within the same legal system and perform the same actions on behalf of the state. The difference is organisational, not in the weight of the document.

A document from a private notary has the same legal force as one from a state notary: a power of attorney, an agreement or a certificate of the right to inheritance is accepted by banks, registering authorities and courts. You should choose not by the status of the office, but by who will see you sooner, help with the documents and turn out to be nearby.

A private notary works under a licence, is a member of the notarial chamber and insures their liability. A state notary is on the staff of a state notarial office. The legal force of the document does not change, but the admission procedure, the schedule and appointments differ.

To choose where to go with a power of attorney, a transaction or an inheritance, look at three things:

• Notarial acts: both state and private notaries perform the same list
• The legal force of the document is the same regardless of the notary's status
• A private notary works under a licence and insures their liability
• A state notary is on the staff of a state office
• Notarial acts are registered in the Unified Notarial Information System

The status of a notary does not affect the validity of a document: what matters is the licence, registration of the action in the system and correct execution.

State notaries in Almaty: who performs notarial acts

In Almaty, most notarial acts — certification of powers of attorney, consents, wills, contracts, copies of documents — are performed by private notaries. They are the ones receiving clients in the city, and they are the ones you reach by appointment or in the queue. State notaries in Almaty remain in only a few offices, and their workload is usually higher, so it can be harder to get through and book an appointment. For you as an applicant there is no difference in the force of the document: both a private and a state notary perform notarial acts on behalf of the state, and documents certified by them have equal legal force.

Notarial acts are performed not only in notarial offices. Where there is no notary — in remote villages and auls — certain acts may be performed by akims of towns of district significance, settlements, villages and rural districts: to certify a will and a power of attorney, to attest the accuracy of a copy of a document and the authenticity of a signature on it. If you are abroad, some notarial acts are performed by consular offices of Kazakhstan: they certify powers of attorney, wills, accuracy of copies and signatures. Such documents are subsequently accepted in Kazakhstan on a par with those executed in an office.

Before you go, check who exactly receives clients at the office you have chosen, because a sign saying "notarial office" does not always mean a state one. Up-to-date information on all notaries is contained in the register of the notarial chamber and in the data of the justice authorities: they show whether the notary is currently practising, what their status is and where to apply. It is better to check the phone number and schedule against the register rather than old advertisements. Keep your identity card and the documents relevant to the matter with you — this will speed up reception at any office.

• private notaries — the main reception in Almaty
• authorised officials — in settlements without a notary
• consular offices of Kazakhstan — abroad
• register of the notarial chamber and justice authorities — up-to-date information

Register of notaries: how to check a state notary and a private one

When a person is looking for a state notary, the first thing to do is open the register of notaries of the notarial chamber. It lists practising notaries, their licences and contact details. The same register helps you make sure that you are dealing not with a forged seal or an intermediary, but with a specialist entitled to perform notarial acts. If it is specifically a state notary, information about them is additionally confirmed with the justice authorities, since such notaries work in state offices.

Checking the licence is not a formality: the register shows whose licence is valid and whose has been suspended or revoked. Fraudsters often rely on the fact that a person arrives with a ready form and does not check the notary's name against the official list. It is enough to check the name, licence number and work address — and it will become clear whether the specialist has the right to perform notarial acts. Information about a state notary is in this case confirmed with the justice authorities: the chamber's register covers private notaries.

A separate question is how to make sure that a document that is already ready is genuine. Notarial acts of both private and state notaries are registered in the unified notarial information system, and each document receives an act number. This number can be used to check the document: it shows who certified it and when. If the number is not found in the system or the data does not match, the document should be shown to a lawyer before you hand it to a bank, an akimat or a court enforcement officer.

What to check before your visit:

• the notary's name in the register of the notarial chamber;
• a valid licence — whether it has been suspended or revoked;
• the address and contacts from the official register;
• the act number on the ready document;
• for a state notary — information in the justice authorities.

Working hours of a state notary and a private notary office

A state notary office receives visitors according to a pre-approved schedule, which usually coincides with the working days and hours of state bodies. During the lunch break and after the end of reception hours the doors are closed, and on weekends and public holidays you cannot get in. If you plan to have a power of attorney drawn up, complete a transaction or take up an inheritance specifically with a state notary, check in advance at what hours the specialist you need receives visitors: even within one office the schedule may differ from day to day.

A private notary sets reception hours independently. Many work longer than state offices, receive visitors on Saturdays or in the evenings, and some arrange appointments by phone. This is convenient if you work and cannot come on a weekday before closing. But here too the schedule may change: the notary travels to perform acts outside the office, goes on holiday or is absent for personal reasons.

The most reliable way to find out whether a notary is working today is to call the number listed in the register of notaries, or to check the information on the official website of the notary chamber. It is not worth going at random, especially with elderly relatives and a full set of documents: a wasted day and a repeat visit are more exhausting than the notarial act itself. Before setting off, check three things:

• whether the notary is receiving visitors on the day you have chosen;
• whether an appointment is required or you can come and wait your turn;
• which documents to take with you for your matter;
• whether the reception address has changed because of repairs or relocation.

Prices for the services of a state notary and a state notary office

When it comes to notarial acts for which the law establishes a mandatory notarial form, the amount of the fee is set by law. The payment procedure differs: a state notary charges a state duty at the rates of the Tax Code, while for a private notary the rates are approved by the Ministry of Justice. Therefore, when the prices for the services of a state notary and a state notary office are compared with the rates of private practice, what should be compared is not an "arrangement with the notary" but two different statutorily established rates.

Drafting the document and technical services are paid for separately. This includes drafting the document, making copies, working with databases, and advising on the procedure for drawing up documents. It is these services that make up the final cost of the visit, and with a state notary it may differ from a private one. If you are asking about the prices for the services of a state notary office, ask in advance what exactly is included in the payment: the notarial act itself or also the drafting of the document.

The law grants exemptions on the notarial tariff to certain categories of citizens. It is better to find out before your visit who exactly is entitled to an exemption and which documents confirm this, so as not to overpay. The table below will help you understand what the payment consists of and what it depends on:

• Tariff — for acts for which the law establishes a mandatory notarial form
• Drafting and technical services — for drawing up and processing documents
• Exemptions — for certain categories of citizens on the notarial tariff
• Urgency and the number of copies — affect the amount of work

The fee for a notarial act is set by regulation: for a state notary it is a state duty, for a private notary it is a rate approved by the Ministry of Justice. See the prices in a separate block on the page.

Consultation with a state notary: what to sort out before the visit

Consulting a state notary before the visit saves time and effort, especially if you have to travel across the whole city. First, work out exactly which act you need: to certify a power of attorney, to certify a copy or a signature, to complete a transaction with a flat, to take up an inheritance. The precise wording determines both the list of documents and who it even makes sense to approach.

The second question is whether the matter is tied to a specific notary. A power of attorney, a will or a consent can be drawn up with any notary in Almaty, but an inheritance file is opened at the last place of residence of the deceased, and here the choice is limited. For real estate transactions, check in advance which information the notary requests himself and which documents you need to bring.

Check with the notary in advance whether copies of documents are needed and whether they must be notarised — that is also part of the preparation.

The third step is to gather the documents. Think about what confirms your identity and your rights in the matter:

• identity document of the applicant (for foreign nationals — a passport), and where acting through a representative — the original power of attorney
• title documents for the flat, house, land, vehicle
• birth, marriage or death certificates, if the matter concerns kinship and inheritance
• the details and information of the person to whom the document is issued: a power of attorney, consent, application
• documents confirming authority, if you are acting for an organisation

Inheritance with a state notary: the inheritance file number and rights to inherit a flat

The notary opens the inheritance file at the last place of residence of the deceased. This rule applies to both state and private notaries: a second file for the same inheritance is not opened. So it is important to establish straight away where to file the application, so as not to lose time.

The inheritance file number is assigned by the notary who handles it. If you do not know who opened the file, a notary can establish this from the deceased's details. Rights to inherit a flat depend on the order of heirs and on whether the property was acquired in marriage.

The first-order heirs by law are children, the spouse and parents. They inherit in equal shares. But from property bought in marriage, the surviving spouse's share is first set aside, and only the remaining part is divided among the heirs.

If there are several heirs and the flat was the joint property of the spouses, an error in calculating the shares costs the most: someone receives a certificate for a larger part than they are entitled to, and this comes to light only on sale. The surviving spouse is entitled to receive their share of the common property, and the rest is divided among all first-order heirs — the children, the spouse and the parents of the deceased.

The notary handling the file issues the certificate of inheritance, and without it the flat cannot be re-registered or sold. If you do not know where to apply, you should first establish the deceased's last place of residence from the documents: that is what determines which notary must open the file.

• Children, the spouse and parents inherit in equal shares.
• The surviving spouse's share of the common property is set aside first.
• The inheritance file number is obtained from the notary handling the file.

Which documents a state notary and a private notary draw up in the same way

For most ordinary documents it makes no difference which notary you go to: both state and private notaries perform the same notarial acts under the same rules. A power of attorney to collect a pension or to dispose of a car, a spouse's consent to a transaction, certification of a copy of a document or of a signature on an application — any notary working in Almaty can handle all of this.

The specifics concern not the status of the notary but the document itself. An inheritance is opened at the last place of residence of the deceased, so the inheritance file is handled by the notary at the last place of residence of the deceased; it cannot be changed at will. Transactions involving an apartment or a share in it, marriage contracts and agreements on the division of property require the personal presence of the parties and verification of their will, not merely a signature.

Difficult cases — where there is a dispute, a deadline has been missed, a document raises doubts or the heirs cannot agree — require a preliminary consultation with a lawyer or advocate, not a choice between a state and a private office. A notary refuses to perform a notarial act if it contradicts the legislation or the necessary documents have not been provided; at the request of the person applying, the refusal is set out in writing. So before your visit it is worth clarifying the list of documents for your particular situation.

The following are handled in the same way:

• powers of attorney — to receive payments, manage property, dispose of a vehicle;
• consents — of a spouse to a transaction, of parents to a child's travel abroad;
• copies of documents and signatures on applications;
• real estate transactions and marriage contracts;
• inheritance files — but only at the notary at the place where the inheritance is opened.

Before your visit, check the powers of the specific notary and the list of documents for your particular act — this saves not only time but also a second trip.