MANDATORY PARTICIPATION OF ATTORNEYS IN PROCEEDINGS BEFORE THE EXECUTORS AND THE NOTARIES

With amendments of the Law on Execution and the Law on Notary, ie with the new laws on Execution and Notary published in the Official Gazette of RM number 72/2016 from 12.04.2016, are increased participation and are regulated the mandatory usage of the attorney in the execution procedures and in the proceedings before a notary.

  • According to the novelties in the Law on Execution:
  • – the request for execution of the enforcement document in the cases where the value of the main claim is over EUR 10.000;
  • – the objection of executive action in the cases where the value of the main claim is over EUR 10.000; and
  • – the appeal against the decision for the objection of executive action in the cases where the value of the main claim is over EUR 10.000;

MUST BE compiled by an attorney and they must contain an attorney stamp and signature; unless the Republic of Macedonia, a bank, a savings house, a financial company, a provider of financial leasing or an insurance company as a legal entity, are creditors in the execution proceeding.

On the other hand, according to the novelties in the Law on Notary, the role of the attorney as MANDATORY is introduced in the following procedures:

a) In the proceedings on the request for issuing a decision for notarial payment order, regardless of the value; unless:

  • – In the proceeding creditor is the Republic of Macedonia;
  • – The claim arises from utilities as follows:
    • * for a monetary claim from an authentic document for water, waste and maintenance of shared facilities with value under 2.000,00 denars;
    • * for a monetary claim from an authentic document for electricity or thermal energy with value under 6.000,00 denars; and
    • * for a monetary claim from an authentic document for telephony, mobile operators and cable operators with value under 2.000,00 denars; and
  • – The request for issuing a decision for notarial payment order is by a bank, a savings house, a financial company, a provider of financial leasing or an insurance company as creditors and if the value of their claim from an authentic document is under EUR 10.000;

b) In the procedures for private document for the legal work on which is acquired, terminated, transferred or restricting the right of ownership, other property rights, or rights for which are conducted public registers, if it is a legal work valued at or more than EUR 10.000 in denars according to the average rate of the National Bank of Macedonia; unless:

  • – One of the parties is the Republic of Macedonia; or
  • – With the legal work is confirming private document with a value over EUR 10.000, where one of the parties is a bank, a savings house, a financial company, a provider of financial leasing or an insurance company, in which case only one side is obliged to provide an attorney stamp and signature;

c) For preparation of the sale agreements and the pre-agreements for sale with a value of the sale over EUR 10.000 in denars according to the average rate of the National Bank of Macedonia (these agreements must be compiled by an attorney and they must contain an attorney stamp and signature, whether it is a case of confirmation by the notary (solemnization) or case of certification of the signatures of the contracting parties); as well as

d) In the inheritance proceedings, where each participant must have an attorney.

In this regard, we point out that according to the above mentioned novelties in the Law on Notary, in case the document for the legal work does not contain an attorney stamp and signature, ie there is no present an attorney,THE NOTARY IS OBLIGED TO REFUSE THE REQUEST FOR TAKING THE OFFICIAL ACT.

The application of the new Law on Enforcement and the new Law on Notary begins on 01.01.2017 year.

If you need any further information and advice regarding the published new laws for Enforcement and Notary, please feel free to contact us here.

Source of the published regulations: www.slvesnik.com.mk

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