Official Gazette of the Republika Srpska, No. 86 of 5.10.2004.

L AW O N N O TA R I E S

1. I – BASIC PROVISIONS
Article 1.
Purpose of the Law
The organisation, powers, methods of work, notarial examination and other
issues relevant for the notarial service in the territory of the Republika Srpka are
herein regulated.

Article 2.
Public Service

1) The notary service is public service performed by notaries, who are self-
standing and independent providers of that service.

(2)The duty of the notary is to process, certify and attest public documents
and to conduct other affairs in accord with the present law.

(3) The notary shall be obliged to ensure independent and impartial notarial
service, while observing the prohibition of taking part in legal affairs in accord with
the present law.

(4) The notary shall be obliged to demonstrate by his/her demeanour, both

in and out of office, that he/she is worthy of respect and trust ascribed to notarial
service and shall try to avoid any form of behaviour which may create an
impression of violation of duties prescribed under law, particularly that of
dependence and partiality.
(5) The notary shall not be permitted to advertise in contradiction to his/her
public service.
 Article 3.
Performance of Service
(1) The notary shall perform notarial service in a professional manner and
exclusively as a profession during the term of his/her appointment, in accord with
the present law and regulations passed on based on the present law.

(2) The notary may conduct his/her service until the age of 65, unless reasons
for early termination of service occur as prescribed under Article 25, Para 1. Point 1
and 3 to 6 or for dismissal under Article 26 of the present law.
.

Article 4.
Evidentiary Weight of Notary Documents
(1) Notary documents are documents drawn up by the notary based on the
present law within his/her notarial powers.

(2) Notary documents are the following: documents processed by the notary,
notarial certificates and attestations.

(3) Notarial documents shall be deemed as public documents valid in the

entire territory of the Republic Srpska, by all governmental bodies, legal entities
and other institutions irrespective of the notarial office in the territory of Bosnia
and Herzegovina which issued the same.

(4) Notary decrees, drawn up by the notary within his/her official powers in a
prescribed form, shall have full evidentiary weight of a public document on
statements given in the presence of the notary.

(5) Notary certificates and attestations shall have evidentiary weight of public
documents on facts certified therein.

(6) It shall be permitted to contest a statement as being incorrectly processed

by the notary, i.e. that the attested facts are incorrect.
.

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2. II – NOTARY EXAMINATION AND ORGANISATION

1. Notary examination

Article 5.
Taking Notarial Exam
(1) Every person who meets terms and conditions for notary service set forth
under Article 6,7 and 20, Point 1 to 5 of the present law may submit to the RS
Ministry of Justice (hereinafter called: the Ministry) a request to take notary
examination. The Ministry shall publish a written notification to that effect and
collect requests by candidates who wish to take notary examination, whereas the
same shall be published in daily papers.

(2) Upon receipt of requests, the Ministry shall determine whether candidates
meet conditions to take the exam, and shall issue decisions accordingly.

(3) The information on a decision determining that a candidate meets terms

and conditions for taking the exam shall be forwarded to the candidate in question
and the Chair of the Commission referred to in Article 8 of the present law, whereas
the decision determining that the candidate in question does not meet set terms and
conditions shall be delivered to the pertinent candidate only. An unsatisfied
candidate shall have the right to object as envisaged under provisions of the law
regulating administrative proceedings.

Article 6.
Notary Examination Entry Requirements
(1) A person who has worked as a notary assistant at least for three years in
terms of the present law can take notary examination.

(2) During an interim period of eight years after the present law takes effect, a
person who after passing of a bar exam in terms of Art. 2 Point 4 herein has worked
at least five years in professional posts.

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 Article 7.
Attendance at Preparatory Seminar

Attendance at a preparatory seminary by candidates constitutes a condition to

take the notary examination, whereof written proof has to be submitted in accord
with Art. 128 of the present law.

Article 8.
Notary Examination Committee

(1) Notary examination shall be taken before the Notary Examination

Committee (hereinafter called: the Committee) composed of five members.
(2) The Committee shall be appointed by the RS Minister of Justice (hereinafter
called: the Minister). Two members of the Committee shall be nominated by the
Head of the Centre for Education of Judges and Prosecutors of the Republika
Srpska, and three members by the Minister as follows: two members who are to
train candidates as envisaged in Art.128 herein and one member from the rank
of civil servants of the Ministry who have passed a bar exam.
(3) In course of appointment of the Committee, the Minister shall take care to
maintain equal national/ethnic representation of its members.
(4) The members of the Committee must have a degree in law and must have
passed a bar exam with professional experience of at least ten (10) years or hold
tenure at the Faculty of Law in the areas relevant for the Notariat.
(5) Upon expiry of an interim period referred to in Art. 6, Para 2 herein, two
members of the Committee shall be proposed by the Notary Chamber instead of
the Head of the Centre for Education of Judges and Prosecutors.
(6) The Committee is authorised to prepare and conduct the notary examination,
evaluate candidates and select lists of candidates who meet criteria envisaged in
the competition, and has all other rights and duties envisaged herein and in other
regulations.
(7) In conducting its affairs, the Committee shall ensure observance and
application of principles of legality, professional impartiality, political
impartiality, accountability, efficacy and cost-effectiveness.
(8) The Committee shall adopt a Book of Rules to regulate its work.
(9) The Ministry shall conduct administrative-technical and accounting affairs
for the Committee.

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 Article 9.
Written Examination
The notary examination shall be sat in writing.

Article 10.
Subject-matters for Written Examination
(1) A written examination shall be composed of three assignments to be done
within four hours. Two out of four assignments are designed to test whether
candidates are capable to draw up notary documents in the following legal areas:

1. Law of Obligations and Property Law

2. Family and Inheritance Law,
3. Business Law,
4. Execution Procedure.
(2) The following subject matters may be tested in the third assignment, in
parts relevant to notary service:
1. regulations on notary service,
2. land registry procedure regulations,
3. regulations of registration of legal persons into court registry and
business law,
4. inheritance law, family law, law of obligation and property law, and
5. execution procedure.

Article 11.
Examination Plan and Terms

The examination plan and terms of taking notary exam shall be determined by
the Chair of the Examination Commission.

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 Article 12.
Notification about Terms
A candidate who has been allowed to take the exam shall be notified
accordingly at least 30 days prior to the term of sitting a written part of the
examination. If the candidate agrees in writing, the term of notification may be
shorter.

Article 13.
Written Exam Procedure
(1) Prior to commencement of the written exam, the identity of candidates
sitting the notary examination shall be determined.

(2) Only the Chair and members of the Commission, as well as staff of the
respective ministry who will supervise the examination, shall be present at the
examination.

(3) Candidates shall be allowed only to use the texts of regulations during the
written examination.

(4) Candidates shall not be allowed to discuss subjects of the written

examination, to talk to other persons, or to leave the examination room during the
written examination.
(5) If a candidate should use impermissible means, the same shall be excluded
from the exam and deemed to have failed the exam.

Article 14.
Evaluation of Examination Papers
(1) Every examination paper shall be examined by two members of the
Commission independently from each other. All members of the Commission shall
make a decision on selection of members who will evaluate examination papers,
whereas a member of the Commission who gives written assignments must be
included. Examination papers shall be examined anonymously, under a code
determined by the ministry, without candidate’s name.

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 (2) Examination papers shall be rated by the following marks: excellent (10),
very good (9), good (8), fully satisfactory (7), and satisfactory (6) and failed (5),
whereas individual marks may be only full marks. In case of different grading, an
average mark up to two decimals shall be calculated (for example 7.50)
(3) A candidate who has ‘failed’ at least two written parts of examination
shall be considered not to have passed the entire examination.
(4) The percentage of grades for all written examination papers shall constitute
a result of the written examination. Results shall be determined by the Commission.

Article 15.
Absence from the Exam
If a candidate fails to attend the exam or prior to the commencement the exam
gives up on taking the exam, it shall be deemed that the same has not taken the
examination.

Article 16.
Termination of the Examination
(1) The examination in progress may be terminated if the concerned candidate
is unable to continue with the examination due to illness, a car accident or a death
of immediate family members.
(2) The Commission shall decide about continuation of the examination, and
an official note shall be made accordingly thereof.
(3) A request for continuation of the exam may be submitted within eight days
from the date when the candidate took or should have taken the written part of the
exam.
(4) After expiry of the period of 60 days from the day when the candidate
interrupted the exam, the examination cannot be continued.

Article 17.
Repetition of the examination

A candidate who has failed to pass the examination shall be allowed to take
the exam upon expiry of the period of six months from the date of taking the exam.

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 Article 18.
Certificate
The Ministry shall issue a notary examination certificate within 30 days from
the date of taking the exam stating final marks. The contents of the certificate shall
be determined by the Ministry.

Article 19.
Examination Register
(1) The Register of Records shall be kept at the Ministry about persons who
have passed and failed the notary examination.
(2) The Minister of Justice shall prescribe the format and contents of the
Register. The Register book shall be bound, and pages marked in ordinal numbers.
The Minister shall certify the Register Book.

(3) Register books shall be kept permanently.

2. Terms and conditions for notary service, procedure for selection of notaries,
termination of service and dismissal from service

Article 20.
Terms and Conditions for Notary Service
Only a person who meets cumulatively the following conditions may be
appointed as a notary:
1. 1. must be a citizen of Bosnia and Herzegovina,
2. 2. must have business competence and meet general health conditions,
3. 3. must have graduated from a law faculty in Bosnia and Herzegovina or
prior to 06.04.1992 from a law faculty of the former Yugoslavia. If a law
degree was earned in another state, the said condition shall be met after
verification of a diploma degree by a competent body.
4. 4. must have passed a bar exam in Bosnia and Herzegovina or prior to
06.04.1992 in the former Yugoslavia. If a bar exam was taken in another
state, the said condition shall be met after recognition of the exam by the
Ministry.

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 5. 5. that the person in question has not been sentenced to a prison sentences
for crimes against humanity and of international law, violation of official
or other duties or a crime of a premeditated offence, which was not deleted
from criminal records by a competent body at the time of appointment and
6. 6. must have passed the notary examination .

Article 21.
Notary Official Seat and Number of Notaries
(1) Upon Minister’s proposal, the Government of the Republika Srpska shall
determine a number of notaries required for the territory of the Republika Srpka, as
well as their respective official seats.

(2) The official seat of notaries shall be a municipality or town determined by

the Government of the Republika Srpska.

(3) After establishment of the Notary Chamber of the Republika Srpska

(hereinafter called: the Notary Chamber), when determining a number of notaries
as well as their respective official seats, an opinion of the Notary Chamber shall be
requested.

(4) A number of notaries shall be determined based on the number of

inhabitants in the territory of the Republika Srpska, taking into account a number of
documents processed by notaries annually, whereas as a rule one notary seat should
be established for every 20,000 inhabitants.

(5) Two or more municipalities with a lesser number of inhabitants than the
number of inhabitants determined in Para 4 herein, may have one notary.

Article 22.
Competition for Notary Selection
(1)Selection of a notary shall be done by means of a competition.
(2) The competition shall be organised and conducted by the Ministry.
(3) In addition to terms and conditions stipulated herein, a competition for
notary posts shall include the following information: a term for submittal of

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applications, a term of notification of candidates on competition results, as well as
about the official seat of the advertised notary post.
(4) The terms for submittal of application for the said competition shall be 30
days from the last day of the published competition in accord with Para 5 herein.
5) The competition shall be published in a daily paper and the “Official
Gazette of the Republika Srpska”.

Article 23.
Notary Selection
(1) Only candidates who have professional and moral reputation worthy of
notary service may be selected as notaries.
(2) When making selection between several candidates who meet conditions
and terms contained in Article 20 herein, candidate’s success at the notary
examination shall be given primacy, whereas when selecting between candidates of
equal rates national representation of constitutive peoples and others in the seat of
the notary shall be taken into account as well.
(3) Selection of candidates for the notary who applied to the competition shall
be done within the period of 45 days from the date of expiry of the application
deadline for the competition.
(4) The Minister shall set a Commission to conduct a competition and
determine a list of candidates who meet conditions of the competition.
(5) The Minister shall make a decision on selection of a notary pending a
proposal by the Commission referred to in Article 8 herein.
(6) Candidates who have not been selected for the notary position shall be
informed accordingly in writing, stating reasons for their non-selection, as well as
information about a selected candidate.
(7) A complaint against selection of a notary may be submitted to the Minister
within eight days form the say of receipt of notification. A complaint against the
decision on selection of a candidate for a notary shall suspend the execution of the
said decision
(8) The Minister shall be obliged to decide on the complaint within 15 days
from the date of receipt of the complaint. A decision on the complaint shall be
deemed final.

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 (9) A candidate shall be entitled to protect his/her rights at a competent
court ,i.e. at other legally designated bodies against the decision referred to in Para
8 of the present article within 30 days from the date of receipt of the decision made
upon a submitted complaint.

Article 24.
Official Oath and Charter of Appointment

(1) After the decision on selection of a notary in lieu of Article 23 herein has
become final, nomination of a notary shall be conducted by the Minister.

(2) The Minister shall hand the Charter of Appointment to the concerned
notary. The contents and format of the charter shall be determined by the Minister.
The decision on appointment shall be published in the “Official Gazette of the
Republika Srpska”.
(3) Prior to handing over the Charter of Appointment, the notary shall take
the official oath before the Minister. The official statement goes as follows:

“I hereby solemnly swear to conduct notary service in such a way as to protect

the Constitution and Law and act in an impartial, conscientious and independent
manner and promise to keep official secrets.”

(4) The notary shall be obliged to submit to the ministry proof that his/her
office is fully equipped in his/her official seat, that he has acquired the official seat
and that he has concluded insurance agreement against liability in terms of Article
54 herein. Adequate equipment and space for the notary office shall be prescribed
by the Minister.

(5) The notary shall commence his/her work when conditions referred to in
Para 4 of the present article have been met, and no later than within 60 days from
the date of receipt of the Charter of Appointment. The Ministry may extend the
designated deadline in justified cases.

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 Article 25.
Termination of Notary Service
(1) Notary service may be terminated:
7. 1. in case of death,
8. 2. when the incumbent has reached 65 years of age,
9. 3. by virtue of dismissal of a notary in writing- on the date of
the final decision on termination of service,
10. 4. if the incumbent has been convicted for a criminal offence
referred to in Article 20, Point 5 herein committed with premeditation or if
he/she has been prohibited to conduct notary service- on the date of
pronouncement of the pertinent court decision,
11. 5. if the incumbent should fail to commence his/her work
within the term set forth in Para 4 of Article 24 herein without any
justified reason,
12. 6. if the incumbent should lose the right to conduct notary
service based on a decision by a disciplinary body- on the date of passage
of the final decision of a disciplinary body,
13. 7.by release from duty- on the date of passage of a final
decision on release from duty
14. 2) A decision on termination from notary service for reasons referred
to in Para 1 of the present Article shall be made by the Minister of Justice
when there is a reason to terminate the service.
15.
16.

Article 26.
Release from Notary Service
(1) The notary shall be released from service:
17. 1. if preconditions for notary service referred to in Article 20
herein cease to exist subsequently, or if it has been established
subsequently that preconditions had not existed at the time of
appointment,

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 18. 2. if the incumbent should enter into working relations or due to
his/her pension scheme, or commence with some other service, i.e., if
reasons referred to in Article 51 herein should occur,
19. 3. if his/her business competence should be removed or limited
by virtue of a court decision,
20. 4. if due to physical disability, physical or mental deficiency or
illness the incumbent has become permanently disabled to perform
service in a due manner,
21. 5. if incumbent’s business relations or a manner of conducting
notary affairs, i.e., his/her material circumstances threaten interests of
clients,
22. 6. if the incumbent did not insure himself/herself against
liability by conclusion of an insurance agreement or if he/she has not
been paying insurance to the Notary Chamber in accord with Article
54 herein,
23. 7. if the incumbent has failed to attend professional
development courses recognised by the Ministry.
24.
(2) A decision on release of service shall be made by the Minister following
consultations with the Notary Chamber, whereas prior to making such decision the
concerned notary has to be heard out and make a statement with regard to
circumstances of release.
(3) The legal remedy envisaged in Para 7 to 9 of Article 23 herein may be
used against a decision on release from service.

Article 27.
Withdrawal of the Right to Use the Official Title

By termination of service or dismissal from service, the notary shall be

deprived of authority to use the title “notary”.

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 Article 28.
Temporary Suspension from Service
(1) The notary may be temporarily suspended from service:

25. 1. if a proceeding for removal of business competence has been

initiated against him/her,
26. 2. if preconditions for release from service referred to in Article
26 herein have been met, or a proceeding for release from service has
been initiated.
27.
(2) If detention has been ordered within criminal proceedings against the
notary, or if during detention temporary suspension from service takes effect by
force of law, without the actual issuance of a decision.
(3) The Minister shall make a decision ex officio on temporary suspension of
the notary from service.

Article 29.
Consequences of Temporary Suspension from Service
(1) Keeping of files, business books, seals and stamps during suspension shall
be regulated under a decision on suspension in lieu of Article 28 herein.
(2) The notary shall not be allowed to undertake any official actions within
notary’s competencies during the time of temporary suspension from service.

3. Acting notary

Article 30.
Acting Notary
(1) If notary service has been terminated, the Ministry may designate, without
a public competition, an acting notary. Only another notary or a person who meets
conditions referred to in Article 20 herein may be appointed as an acting notary.
(2) The term of office of an acting notary shall last until the appointment of a
new notary, up to six months at the latest, whereas this term may be extended for
another six months in justified cases.

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 (3) The acting notary shall take over all files, books and other documentation
of the notary to whose post he/she has been appointed to.
(4) The duty of the acting notary shall be to conduct official actions
recommended by the notary in question and the same shall not be authorised to take
up new notary work.
(5) The acting notary shall be entitled to claim expenses if the same should
occur after taking over the office, and if a party made down payment for some
official actions, the same shall be entitled to include that down payment in final
settlement with the acting notary.
(6) Duties shall be done at the expense and on the account of the Notary
Chamber, and the acting notary shall submit account of his/her activities and
receive an adequate fee for performed notary service.
(7) The acting notary shall, if necessary, make use of the seal of the notary
whose service was terminated, with an addition reading “an acting notary”.
(8) Provisions of Article 40. Para 1. and 2. and Article 41. Para 2. as well as
provision of the present law on notary’s responsibilities, shall apply to an acting
notary as well.
(9) If a person designated to be an acting notary has not been insured yet as a
notary, insurance of an acting notary shall be taken over by the Notary Chamber in
accord with Article 54 herein.

4. Assistant Notary

Article 31.
Assistant Notary
(1) A notary assistant may be employed in the notary office.
(2) An assistant notary shall be professionally trained through his/her work to
conduct notary affairs independently at some later stage and to take the notary
exam.

Article 32.
Terms of Service for Assistant Notary
(1) Only persons with professional and personal qualities worthy of notary
position may be engaged as assistant notaries.

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 (2) Selection among several candidates shall be done based on a set of criteria
related to personal and professional qualities of each candidate, whereas
achievements at a law faculty shall be particularly taken into account.

Article 33.
Requirements for Assistant Notaries and Terms of Their Appointment

(1) The Notary Chamber shall determine requirements for assistant notaries at
notary offices, whereas notary’s opinion shall be also taken into account. The final
decision on a number and competition for assistant notary posts shall be made by
the Ministry upon a proposal by the Notary Chamber.
(2) Only a person who meets the following conditions may be appointed as an
assistant notary:
28. 1. must be a BiH citizen
29. 2. must have passed a bar exam in lieu of Article 20 Point 4
herein.
30.
31.

Article 34.
Competition for the Assistant Notary Vacant Post
(1) Selection of a notary assistant shall be done by means of a competition.
(2) The competition shall be organised and conducted by the Ministry upon a
proposal by the Notary Chamber.
(3) The competition must contain the following: general conditions for
appointment of a notary assistant, a set term for submittal of applications and a
notification term for candidates concerning results of the competition.
(4) The competition shall have to be published in at least one daily paper and
the “Official Gazette of the Republika Srpska”.
(5) The deadline for submission of application for the competition shall be 30
days from the date of the last publication of the competition in terms of Para 4
of the present Article.

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 Article 35.
Procedure for Selection of an Assistant Notary
(1) The Minister of Justice shall be obliged to submit to the Notary Chamber
a list of candidates who meet required conditions within 15 days from the expiry of
a deadline for submission of applications.
(2) The Notary Chamber shall pass on a decision on selection of a candidate
for assistant notary within 30 days from the presentation of a list of candidates.
(3) Candidates who have not been selected for the position of assistant notary
shall be notified in writing about reasons for non-selection, as well as details about
the selected candidates.
(4) A complaint may be filed against a decision on selection of assistant
notary within eight days from the date of receipt of such a decision to the Ministry
of Justice, whereas a complaint against the decision on selection of a candidate for
assistant notary shall suspend the execution of the decision on selection of an
assistant notary.
(5) The Minister shall be obliged to decide on a complaint within 15 days
from the date of reception of such complaint. A decision on a complaint shall be
deemed final.
(6) A candidate shall be entitled to protection of his/her rights against a
decision referred to in Para 5 of this Article before a competent court, i.e., other
competent bodies, in accord with the law within 30 days from the date of receipt of
a final decision.

Article 36.
Assistant Notary’s Status
(1) Training of an assistant notary at notary office shall last at least three years.
(2) Assistant notary’s status shall be completed by appointment to the notary
position or by cancellation of an employment contract on behalf of the Notary
Chamber. An employment contract may be terminated based on personal request of
an assistant notary. He/she may be dismissed from duty if he/she fails to pass the
notary examination.
(3) Provisions of Article 52 shall be also valid for the assistant notary. The
assistant notary shall have to terminate another employment, if appropriate, on the
date of assuming duties of the assistant notary.

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 Article 37.
Scope of Work of an Assistant Notary
(1) Assistant notary may conduct all work assigned to a certified notary under
the law at notary office and under direct supervision by a notary.
(2) Assistant notary must not personally sign notary documents or notes on
attestations.
(3) During his/her service at notary’s office, an assistant notary shall be
obliged to adhere to all professional and other duties assigned to him/her.

Article 38.
Salary of the Notary Assistant
(1) Assistant notary shall be entitled to adequate remuneration from the date of
commencement of employment and during his/her service, as well as to other rights
arising from his/her work at notary office.
(2) The notary chamber shall set up criteria for measurement of assistant
notary salary by means of its decision.
(3) A fee to be paid to the Notary Chamber by the notary in question to whom
an assistant notary is assigned shall be determined under the decision referred to in
Para 2 of the present Article.

5. Deputy Notary

Article 39.
Deputy Notary
(1) If the notary is prevented from performing service for a longer period than
two weeks, he/she shall be obliged to notify the Ministry about his/her absence
without delay. If his/her absence from work should last longer than a month, the
notary shall have to obtain approval from the Ministry. Approval shall be granted
only if not infringing on enjoyment of rights and protection of such rights by
clients/parties.

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 (2) If the notary has been absent from work for more than a month, the notary
shall have to request appointment of a deputy notary, and if the notary fails to
submit such a request for appointment of a deputy notary, the Minister may appoint
the deputy notary without such request.
(3) Upon notary’s request, the Minister may appoint a deputy notary during
notary’s absence from work for less than two weeks. Appointment of a deputy
notary may be done in advance for all cases of notary’s absence from office which
may occur in the course of one calendar year (so-called the permanent deputy
notary)
(4) In case of temporary suspension of the notary from service, the deputy
notary may be appointed without notary’s request.
(5) Only an assistant notary or another notary may be appointed as the deputy
notary.
(6) With regard to issues not regulated under provisions of Art.40 and 41
herein, the provisions of the present law pertaining to the notary shall be applied,
except for provisions of Article 54 of the present law.

Article 40.
Appointment of the Deputy Notary
(1) The Minster may appoint the deputy notary without a competition by a
written decision.
(2) Deputy notary shall be obliged, if not previously solemnly sworn as the
notary, to make a solemn statement prior to commencement of work. If he/she had
taken an oath as the notary previously, it shall suffice to make reference to
previously taken oath in the issued decision.
(3) The appointed deputy notary may be recalled at any time.

Article 41.
Rights and Duties of the Deputy Notary
(1) The deputy notary shall conduct service as the notary and shall be obliged
to add to his/her signatures on issued documents a note signifying him/her as
deputy and to use the seal and stamp of the notary he/she is replacing.
(2) The deputy notary shall have to refrain from undertaking any official
actions which the notary he/he is replacing is prohibited to undertake.

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 (3) The deputy notary shall conduct service on the account of the notary
he/she is replacing and the notary in question shall be obliged to pay out to his/her
deputy adequate remuneration for his/her work.
(4) Official powers of the deputy notary commence with taking up of office
and cease, if not recalled earlier, with handover of office to the notary. During that
period the notary shall have to refrain from his/her service.
(5) The notary, as a solidary debtor, shall be held accountable to a damaged
party for violation of official duties committed by the deputy notary in addition to
the deputy notary himself/herself.

6. Professional associate in notary office

Article 42.
Professional Associate
(1) The notary may employ a professional associate who has passed a bar
exam in accord with Article 20, Point 4 herein.
(2) During service a professional associate shall be entitled to remuneration
and other rights arising from employment in the notary office, and in accord with
application of laws and other regulations of the Republika Srpska pertaining to
working relations and salaries of servants in administrative bodies.

7. Rights and duties of notary

Article 43.
Notary’s Official Area of Jurisdiction
(1) The notary may conduct his/her service with regard to issuance of
documents only within his/her official area/jurisdiction, unless in special cases
justified interests of claimants call for actions beyond the official area.
(2) The notary may have only one office to conduct service.

Article 44.
Working Hours
The Notary Chamber shall determine working hours of the notary by a
decision. The notary may, if so required, undertake official actions outside working
hours.

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 Article 45.
Duty to Undertake Official Actions
The notary shall be obliged to undertake all official actions within a scope of
legally defined powers and shall not, without a valid reason, reject to undertake
official actions.

Article 46.
Exclusion of the Notary
(1) The notary shall not perform service if there are suspicions about his/her
impartiality. With regard to exclusion of the notary from undertaking of official
actions, provisions of the Law on General Administrative Procedure pertaining to
exclusion of an official person shall be applied.
(2) In case of doubts about reasons for exclusion, the notary shall be obliged
to refuse to undertake official actions.
(3) Upon a proposal of a party of the notary, the Minister shall decide about
exclusion of the notary, acting notary, deputy notary or assistant notary.
(4) Official actions in contradiction to Para 1 of the present Article undertaken
by the notary, assistant notary, acting notary or deputy notary shall be deemed null
and void.

Article 47.
Prohibition of Participation
The notary shall not take part in activities of legal entities or partnership
relations incompatible with his/her service.

Article 48.
Rejection of an Official Action
(1) The notary shall be obliged to reject undertaking of an official action if
such action relates to issues which do not fall within notary’s powers, and in
particular, if notary’s participation is requested to achieve evidently a prohibited or
dishonourable aim.
(2) The notary shall not mediate between parties in conclusion of legal affairs
nor will he/she undertake guarantees or other form of security for a party with
regard to any official action.
(3) The notary shall be obliged to make sure that none of his/her employees
should engage in such activities. The Minister shall decide on a form to be included
in a statement by notary’s associates with regard to prohibition of participation.

21
 Article 49.
Obligation to Keep an Official Secret
(1) The notary shall be obliged to keep as an official secret about what he has
learned in the line of duty, unless the law, the will of concerned parties or the
contents of a legal deal may require otherwise.
(2) Persons employed in notary’s office shall be obliged to keep an official
secret referred to in Para 1 of this Article. The Minister shall decide on a form to
contain an adequate statement by associates in the office.
(3) Parties may free the notary from the obligation to keep an official secret.
(4) The obligation to keep an official secret shall remain after the termination
of notary service.

Article 50.
Joint Performance of Service
(1) For the purpose of joint performance of service, notaries appointed in the
same official seat, may liaise and have the same premises (offices) for work, if
personal performance of service with personal liability is not threatened thereby, as
well as impartiality and independence of the notary.
(2) Liaison for the purpose of joint performance of service or for joint
utilisation of office premises shall be permitted only if personal performance of
service with personal liability, independence and impartiality of the notary will not
be threatened thereby.

Article 51.
Professional Performance of Service
(1) The notary shall not be allowed to act as an attorney at the same time.
(2) The notary shall not be allowed to engage concurrently in any other
professional service or professional employment.
(3) Prohibition from Para 2 of the present Article shall not relate to the
performance of service of a testament executor, custodian or some other similar
service based on a decision by a competent body.
(4) The prohibition shall not relate to performance of scientific, art related or
lecturing activities, or service in the Notary Chamber and international notary
associations.

22
 Article 52.
Additional Work

(1) The notary shall not do any paid work as an additional activity for a body,
business company or any other legal entity which make profit (hereinafter called:
the legal entity), nor he/she shall be a member of the management or other body of
the legal entity.
(2) The notary may engage in some additional activities only if such activities
are not in contradiction with his/her service and if approved by the Minister.

8. Indemnification of damage

Article 53.
Indemnification of Damage
(1) The notary shall be obliged to indemnify damage caused to a party by
violation of his/her official duties.
(2) The notary shall be held accountable for caused damage by general
regulations for damage indemnification.
(3) The notary shall be held accountable for damage caused by an assistant
notary or other employee of his/her office. The notary shall be held accountable for
damage caused by the deputy notary in accord with provisions of Article 41, Para 5
of the present law.

Article 54.
Insurance Against Liability
(1) Before commencement of work, the notary shall be obliged to insure
himself/herself against liability for damage he/she may cause to third persons by
his/her practice.
(2) It may be anticipated within the terms of insurance that damage up to a
certain amount be directly reimbursed by the notary.
(3) Insurance against liability shall be made in such a way that every notary
should conclude an insurance contract with an insurance company and regularly
and in a timely manner extend such insurance. For every insured case, the insured
amount shall be at least 250,000 KM.
(4) Terms of insurance shall be jointly determined by insurance companies in
the Republika Srpska and the Notary Chamber.

23
 (5) It shall be deemed that the notary concluded an insurance contract against
liability upon his/her submittal of request to an insurance company.
(6) The Notary Chamber may take over insurance against liability of all
notaries in the Republika Srpska, whereas in that case notaries shall be obliged to
pay a set insurance fee against liability to the Notary Chamber.
(7) If it has been determined in proceedings that a notary caused damage to
third persons deliberately or out of negligence, the insurance company that
reimbursed the said damage shall have the right to recourse to the concerned
notary.

9. Seal and stamp of the notary

Article 55.
Seal and Stamp
(1) The notary has a seal and stamp.
(2) By virtue of his/her decision, the Minster shall regulate the form, contents,
ways of insurance, usage and keeping of the seal and stamp of the notary.

Article 56.
Notary’s Official Signature
The notary shall be obliged to submit to the president of the basic court which
has jurisdiction over his/her official seat, the official signature used when
undertaking official actions. In addition to the signature, the notary has to state
his/her official capacity.

3. III – NOTARY CHAMBER

Article 57.
Notary Chamber
(1) All notaries in the territory of Republika Srpska shall be organised in the
Notary Chamber.
(2) The Notary Chamber shall be deemed a legal entity.
(3) The seat of the Notary Chamber shall be in Banja Luka.

24
 (4) The Notary Chamber shall be registered in a relevant registry of the
Ministry.

Article 58.
Chamber’s Assignments and Organisation
(1) The Notary Chamber shall represent notaries before competent authorities,
protect the reputation, honour and rights of notaries and ensure that notaries
perform their service conscientiously and responsibly in accord with the law.

(2) The Notary Chamber shall conduct assignment prescribed under law and
other regulations, and it may accomplish other duties appropriate to its purpose of
foundation.

(3) The organisation, competencies, number, composition, methods of

selection, rights and duties of bodies of the Notary Chamber and other issues
relevant for the organisation and work of the Notary Chamber shall be regulated
under the Statute of the Notary Chamber unless otherwise stipulated herein.

(4) The Statue of the Notary Chamber shall be endorsed by the Chamber’s
Assembly pending Minister’s approval.

Article 59.
Work Report
The Notary Chamber shall be obliged to submit to the Ministry a work report,
containing its views on the situation in notary offices, as well as proposed measures
to enhance the service.

Article 60.
Contributions to the Notary Chamber
The Notary Chamber shall be financed from contributions paid in by notaries
in an amount determined by the Notary Chamber Assembly.

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 Article 61.
Competencies of the Notary Chamber
The Notary Chamber shall be entitled to pass on general acts binding for
notaries in accord with the present law and the Statute of the Notary Chamber.

Article 62.
Legal Remedy Against Decisions of the Notary Chamber
A proceeding may be instituted at a competent court against final decisions of
bodies of the Notary Chamber deciding on the rights and duties of notaries, deputy
notaries, assistant notaries and other persons employed in notary’s office within 30
days from the date of receipt of the final decision.

Article 63.
Organisation and Registration
(1) The organisation and registration of the Notary Chamber shall be
conducted in accord with the Law on Associations and Foundations.
(2) The Ministry shall conduct oversight over the work of the Notary
Chamber.

4. IV – COMPETENCIES OF NOTARY

Article 64.
Notary’s Working Duties
(1) The notary shall be empowered to assume notarial processing of
documents, issue certificates and to attest signatures, finger print signatures and
copies.
(2) The notary may conduct other affairs which are permitted herein.

Article 65.
Notarial Processing of Documents
(1) Notarial processing of documents shall imply that a public document is
fully drawn up by the notary in accord with Article 70 up to 84 of the present law
thereby certifying that recorded statements were given before the notary by the
parties and approved by their respective signatures.

26
 (2) Para 1 of the present Article shall not exclude the possibility that a draft of
a document may be drawn up by the parties or their legal representatives.

Article 66.
Certification and Attestation
Certification and attestation shall signify that a document has been drawn up
in accord with Article 86 up to 96 of the present law.

Article 67.
Order by a Court or Another Authority
A court or another authority may entrust to the notary provided he/she agrees
to conduct of other affairs in compliance with his/her line of work. The former
relates to the following in particular:

32. 1. a list and sealing of inheritance property and of bankruptcy

estate,
33. 2. assessment and public sale /auction/ of movables and real
estate in out of litigation procedure, in particular voluntary sale
34. 3. division of sale process in execution procedure .

5. V – MANDATORY NOTARIAL PROCESSING OF DOCUMENTS

AND CERTIFICATES

Article 68.
Legal affairs Requiring Mandatory Processing of Documents by the Notary
(1) Legal affairs which in order to have legal validity require processing of
documents by the notary are as follows:

35. 1. legal affairs related to regulation of property relation between

marital partners, as well as between persons living in a common law
marriage.
36.

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 37. 2. handling of property of under age and business incompetent
persons
38.
39. 3. legal affairs under which an execution of an action as a gift is
promised, whereas the lack of notary form in this case shall be
compensated by execution of a promised action.
40. 4. legal affairs the subject of which is transfer or obtaining of
ownership or other substantive rights over property.
41. 5. founding acts of business companies.
(2) Legal affairs for which in contradiction to Para 1 of the present Article
documents were not processed by the notary shall be deemed null and void.
(3) Irrespective of Para 1 of the present Article, mandatory processing of
documents by the notary may be envisaged in other documents as well.
(4) Parties shall be entitled to request processing of documents by the notary
for other legal affairs which are not quoted in Para 1, Point 1 to 5 of the present
Article.
(5) Provisions contained in the present Article shall be valid until replaced by
special regulations about mandatory processing of documents by the notary, which
shall put the former partially or in full out of effect.
(6) Preparations of act for processing and certification by the notary, as well as
representation of the parties before the notary may be done by lawyers.

Article 69.
Legal Affairs Which Require Mandatory Certification by the Notary

1) Endorsement of the Statute and all changes of statues of business

companies require certification by the notary.
(2) Endorsement of a statute and its amendments which are not certified by the
notary shall be deemed null and void.
(3) Irrespective of the provision of Para 1 of the present Article, mandatory
certification by the notary may be envisaged under other laws.
(4) Provisions of this Article shall be valid until changed by special
regulations about mandatory certification by the notary, which will put the former
partially or in full out of effect.

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6. VI – RULES AND REGULATONS OF NOTARY SERVICE

1. Notarial documents

Article 70.
Contents of the Original of a Notary Document
The original of a document processed by the notary (hereinafter called: the
original) shall have to contain the following:
42. 1. information about a notary drawing up the original ( name,
family name and notary’s seat)
43. 2. information (for natural persons-family name, name, personal
identification number, profession and residence address, i.e. for legal
persons- firm, seat and representation) about parties, and information
about possible witnesses and interpreters/translators,
44. 3. a manner in which the identity of a person referred to in Point
2 of the present Article has been established,
45. 4. textual explanation of a legal affair with notification of
possible empowerment and enclosures,
46. 5. a note that the original has been read out to the concerned
parties or that provisions of Article 82, Para 2, Article 83, Para 1 and
Article 84 of the present law have been fully observed,
47. 6. day, month, year and place, and if requested under law or by
parties, the hour of drawing up of an original as well,
48. 7. the signature of persons under Point 1 and 2 of this Article
and the seat of a notary who drew up an original.

Article 71.
A Method of Drawing up an Original
(1) Originals have to be written by an electronic writing device or another
writing device, clearly and legibly. Exceptionally originals may be written in
handwriting, only in permanent ink.

(2) Abbreviations in an original may be used only if common or generally

known, whereas empty spaces in the text shall be filled by dashes.

29
 Article 72.
Signature and Seal
(1) The notary shall be obliged to sign the original by hand at the end of the
document and add “notary” to it. He/she shall put his/her official seal next to
his/her signature. Towards the end of the original, but above notary’s signature,
parties shall put their signatures, as well as witnesses, if they participated in
drawing up of the original.

(2) If the concerned party is illiterate, the same shall be noted accordingly in
the original. If the concerned party cannot write, reasons for party’s inability to
write shall be noted in the original.

Article 73.
Amendments and Supplements
If changes or supplements have to be made to the original, the same shall be
made at the end of the original, whereas it shall be stated to what part of the text of
the original changes or supplements refer. Changes and supplements shall be signed
both by the concerned parties and the notary, if such changes and supplements were
made to the original after it had been signed.

Article 74.
Words Crossing
(1) It shall not be permitted to delete anything from the original.
(2) If a word needs to be crossed, it shall be done in such a way to keep it
legible so that a number of crossed words shall be written at the end of the original
with the mark of a page and a line of the original and a number of crossed words.
Such note shall be signed by parties following the rules relevant for signing of
changes and supplements in the original.

Article 75.
Procedure of Processing of Documents by the Notary
(1) When processing documents, the notary shall have to check whether
parties are capable and authorised to undertake and conclude a legal deal.

30
 (2) The notary shall have to examine true will of the concerned parties,
explain the situation at hand, remind the parties of legal consequences of the deal at
hand and draw up clearly and explicitly statements by the parties in the form of an
original. The notary shall have to exercise caution to avoid confusion and doubts,
so as not to cause damage to inexperienced and ignorant parties.
(3) The original shall have to be read to parties in the presence of the notary,
by means of direct questions the notary will make sure that the contents of the
original are in agreement with the will of the parties, after which the parties shall
approve of and sign in their own handwriting the original. Prior to the signing by
the concerned parties, the aforementioned actions shall be noted accordingly.
(4) Enclosures shall have to be read, unless parties weave the right and state
that they are familiar with the contents of enclosures. The former shall have to be
noted in the original. Drawing up of the original may be done only if when reading
out the same enclosures are presented to the concerned parties.

Article 76.
Mandatory Reminder and Instructions
(1) If parties wish that unclear, ambiguous or inconsistent statements be
included in the original, which may give rise to disputes, or would fail to have the
intended effect, or it could be justifiably held that their purpose was to damage
some party(s), the notary shall warn the concerned parties of the same and render
appropriate instructions.

(2) If the concerned parties should decide to adhere to their respective

statements, the notary may reject to draw up an original or enter the said statements
into the original while noting that the concerned parties were reminded of possible
consequences of their statements.

Article 77.
Determination of Identity
(1) It the notary does not know parties personally or by name, their identity
shall be established by presentation of an identity card of a passport, or any other

31
personal document. If that is not possible, their identity may be certified by another
notary or two other witnesses.
(2) The notary shall state in the original whether he/she knows the concerned
parties, i.e., how their respective identity was established, with clear stating of
names, professions and place of residence of witnesses, date and number of
personal documents used for establishment of identity and authorities which issued
the mentioned personal documents.

Article 78.
Summoning of Witnesses
(1) Two witnesses shall be required to be present when drawing up an original,
if any of the concerned parties is illiterate.

(2) In other cases it shall be left to the notary and the concerned parties to
decide whether to summon any witnesses when drawing up an original.

(3) It shall be permitted to summon another notary instead of two witnesses.

Article 79.
Witness Personality Requirements

(1) Witnesses have to be of age and speak one of official languages, whereas
one of the witnesses has to be able to read and write.

(2) The identity of a witness shall be established in a manner prescribed under

provisions of Article 77 herein.

Article 80.
Persons Ineligible for Witnesses
The following persons shall be deemed as eligible as witnesses:
49. 1. if they cannot properly testify due to mental or physical
deficiencies,

32
 50. 2. if they are employed by the notary who performs the given
official act,
51.
52. 3. if such persons may gain something from conclusion of a deal
they are witness thereof,
53. l4. if they have relation with parties in question or with those
parties which would gain some advantage following the notary action,
or they have relation with the notary himself/herself due to which
exclusion of the given notary may be requested.
54.
55. l

Article 81.
Presence of Witnesses
(1)Witnesses or another notary shall have to be present no later than when the
notary reads out the original to the concerned parties and the same sign it unless
otherwise provided for under law.
(2) If the parties request so witnesses may be excluded from reading out of
the original unless otherwise provided for in individual cases, but in that case the
parties have to sign the original in the presence of witnesses and state that they
have read the original or that it has been read to them and that they are agreeable to
it. All the aforesaid shall be noted in the notary original.

Article 82.
Deaf, Mute or Deaf and Mute Party Who Is Literate
(1) A deaf party who can read shall have to read the original and state
explicitly that he/she has read it and that it is in conformity with his/her will.
(2) A mute or deaf and mute party who can read and write shall have to write
on the original that he/she has read it and approves of it. The said statements shall
have to be entered into the original below the signatures.
(3) It shall have to be noted in the original that provisions of Para 1 and 2 of
the present Article have been fully observed.

33
 Article 83.
Deaf, Mute or Deaf and Mute Party Who is Illiterate
(1) If a deaf party cannot read or if a mute or deaf and mute party cannot read
and write, in addition to witnesses a person of her/his trust shall have to be
summoned, in order to be able to communicate by means of sign language. That
person shall have the status of a witness and does not have to know how to read and
write. That person may be related to the deaf, mute or deaf and mute party in
question, if the former is not interested in a legal deal which is the subject of the
original.
(2) If any of the parties is blind, deaf or mute, witnesses shall have to be
present when parties make statements about dispositions to be entered into the
original, then during reading out of the entire original to the parties, or when the
parties themselves read the original and render their approval and sign the original.
The aforementioned shall be recorded in the original.
(3) The notary shall have to make sure that the person of trust can
communicate by means of sign language with a deaf, mute or deaf and mute party
and record it accordingly in the original.

Article 84.
Interpreter
(1) If any of the parties cannot speak any of official languages, in addition to
witnesses referred to in Article 78, Para 1 herein, a court interpreter(translator) shall
have to be summoned. The same shall be recorded accordingly in the original.

(2) A person employed by the notary may act as an interpreter, but the same
shall have all other characteristics of a witness.

(3) An interpreter shall not be required if the notary and both witnesses, i.e.,
another notary are in command of the language of the party referred to in Para 1 of
the present Article.
(4) In case referred to in Para 3 of the present Article, witnesses shall not be
excluded during reading of the original. It shall be recorded in the original why an
interpreter has not been summoned.
(5) When an interpreter is required, the notary shall try to learn about the true
will of the concerned parties through him/her, and draw up an original accordingly

34
in one of official languages that the given interpreter shall translate to the parties. If
the party should request so, translation of the original shall be done in a language of
that party and enclosed with the original.

(6) The notary shall remind the parties that they can request a written
translation and enclosure of the same with the original. It shall be recorded in the
original whether the above has been done or if the parties waived this right.

Article 85.
Executionary document
(1) Notary documents shall be deemed as executionary documents if made out
in the prescribed format and related to a claim for payment of a certain amount of
money or a certain quantity of other replaceable things or securities, provided the
debtor has agreed to execution without delay.

(2) Based on a document processed by the notary which was entered in land
books as a mortgage or a land debt against some property and for the purpose of
payment of secured claim upon maturity execution against that property may be
requested, provided the debtor agreed to it in the original document.

(3) For documents referred to in Para 1 and 2 of the present Article to become
executionary further activities of an executionary court shall not be required.

Article 86.
Contestation of Execution

The execution of a document drawn up by the notary may be contested under

provisions of the law which regulated the execution procedure.

35
2. Notary’s Certificates and Attestations

Article 87.
Certificates and Attestations
(1) The notary shall issue certificates and attestations on matters regulated in
Article 88 to 96 herein.
(2) It shall be sufficient to present a document containing notary’s testimony,
signature, seal and the place and date of issuance for certificates and attestations,
instead of the original in terms of Article 70 herein.

Article 88.
Attestation of Copies
(1) The notary shall attest only to a copy drawn up in a notary office, i.e.,
made by a photo copy in a notary office. A photo copy shall be equal to a rewritten
copy of a document.
(2) A copy shall have to correspondent to a document in terms of orthography,
punctuation and abbreviations. If some segments have been redone, deleted,
crossed, inserted or added in a document, the same shall have to be recorded in the
attested copy. It shall have to be recorded in the attested copy if the concerned
document is torn, damaged or evidently suspicious by appearance, unless the
aforementioned is evident from the hand written copy or photo copy.
(3) The notary shall have to compare a copy with the original document and if
he/she has determines that it is in agreement, he/she shall certify accordingly on the
copy itself, noting that it is a copy of a document that the concerned party marked
as the original, or that it is a copy of a certified copy of a document, whether and in
what way due fees have been paid, whether the document in question was made out
in handwriting or typed on a type writer or some other mechanical or chemical
device, by pen or pencil, and according to his/her knowledge or claims of the
concerned party the original is kept, and if the party brought it, the name and
address of that party.
(4) If there is a note or clause inserted in the document, the same shall be
entered into the copy as well.
(5) When part of copy or quotes from a document are being attested, it shall
be clearly marked on the given copy what parts of the document were not copied.

36
 Article 89.
Attestation of Statements from Trade or Business Books
When certifying statements from trade or business books, the notary shall
compare the given statement with corresponding items in the original book and
record in the statement a clause of certification with a note that the statement is in
full compliance with relevant items of the original book. The date of review of the
trade, i. e., and business book shall be noted in the statement.

Article 90.
Attestation of Signatures
(1) The notary may confirm that the party in his/her presence signed the given
document by hand, or put his/her signature on it, or had acknowledged the
signature already on the document as his/her.

(2) The identity of party shall have to be established in accord with provisions
of Article 77 herein.

(3) Attestation shall be made in the original document with a note on how the
identity was established and an addendum that the signature is true, adding the date,
signature and the official seal of a notary.

(4) The notary shall be obliged to check the given document only in a sense
of whether there are any reasons to reject the execution of an official action under
law.

(5) If the conditions referred to in Para 4 of the present Article have been met,
the notary may attest the signature on a document which was not made out in an
official language.
(6) If a party is blind or cannot read, the notary shall read out the given
document to that party prior to attesting the signature, and if the notary cannot
speak the language in which the given document was made out, the document shall
be read by a court interpreter, and the same shall be duly recorded in the attestation.

37
 (7) If the signature of a person acting as the representative of a legal entity or
body is being attested, the notary may attest in the document that the mentioned
person signed on behalf of the legal entity or body only if the notary previously
established that the said person is authorised to do so.

Article 91.

Certification of the Time of Presentation of a Document

(1) The time when a document has been presented to the notary or to some
other person in notary’s presence shall be recorded on the document itself with the
exact notification of the date, month, year, and if so requested by the party, the
hour.
(2) The identity of the party which presented the document as well as of the
party to whom the document has been presented shall be established if so requested
by the concerned party. It shall be noted in the certificate in what way the identity
of the mentioned parties has been established.

Article 92.
Certification of a Person Being Alive
(1) The notary may certify that a person is alive, if he/she knows that person
personally and by name.
(2) It shall be confirmed in a document to be issued to the party, that the said
person presented himself/herself to the notary, with notification of the date, month
and year, and the hour of his/her appearance and how his/her identity was
established.

Article 93.
Certificate of Authorization for Representation
(1) The notary shall be authorized to issue a certificate authorisation for
representation if such authorization is derived from a court or some other registry.
Such certificate shall have the same evidentiary power as a certificate of a registry
court.
(2) The notary shall issue a certificate referred to in Para 1 of this Article only
if previously he/she examined the registry or the certified statement from the

38
registry. The certificate shall have to contain the date of examination of the registry,
i.e. the date of issuance of the statement from the registry.

Article 94.
Verification of Other Facts from the Registry
(1) The notary may only issue a certificate on establishment or seat of a legal
entity, about changes in status or other legally relevant facts, if the same are derived
from the public registry.

(2) In case referred to in Para 1 of the present Article, the notary shall be
obliged to act in a manner prescribed in Article 93, Para 2 herein.

Article 95.
Verification of Conclusions by Bodies of a Legal Entity
(1) If the notary has been summoned to verify conclusions of the assembly or
a session of another legal entity, the date and time of the session shall be put on the
records, followed by detailed description of everything what happened in his/her
presence, what was proposed and stated, if relevant for evaluation of regularity of
the procedure, and in particular for conclusions made at the session. He/she shall
confirm all other things prescribed under law.

(2) The minutes referred to in Para 1 of the present Article shall be signed by
the person who chaired the session.

(3) The identity of the president and other persons who attended the meeting
may be established upon request, whereas it shall be noted in the minutes how their
identity was established.

Article 96.
Verification of Other Facts
(1) The notary may verify facts which occurred in his/her presence, like
disputes about offers, bidding, drawing or statements of persons about facts and

39
conditions that the notary learned about himself/herself or with participation of
professional persons upon request by interested parties.

(2) The notary shall draw up the minutes about verification of facts referred to
in Para 1 of the present Article stating the place, time, names and addresses of the
parties as well as exact description of what happened in his/her presence or what
he/she ascertained. The minutes shall be signed by all participants. If any of
participants should refuse to sign the minutes, the notary shall have to note it
accordingly in his/her minutes.
(3)It shall be noted specifically in the minutes referred to in Para 2 of the
present Article how the identity of the parties that the certificate refers to was
established.

Article 97.
Court Procedure Regulations
Provisions of Art. 88 to 96 herein do not infringe on regulations specifying
competencies and procedure of courts for taking over actions to which the said
provisions refer.

3. Implementing regulations

Article 98.
Implementing Regulations
The Minister shall pass on regulations specifying a method of writing,
marking, correcting of errors, binding and initialling of documents of multiple
pages, a procedure of issuance of documents and other issues relevant for validity
of notary documents.

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 4. Keeping and Issuance of Engrossments and Copies of Originals

Article 99.
Keeping of Original Documents
A document drawn up by a notary in accord with this law shall constitute the
original of that document kept by a notary in his/her archive. A notary shall keep all
other documents drawn up in line of duty and in accord with the law in the same
archive.

Article 100.
Engrossment
(1) When a notary makes an original, he/she shall be obliged to issue to the
concerned parties the engrossment of the original.

(2) The engrossment shall have to correspond to the original in terms of

format, form, contents and with regard to other issues, marked as a dispatch which
replaces the original in legal communication.

3) If an original has been issued, the engrossment of that original cannot be

reissued, but only a copy of the original instead.

Article 101.
Issuance of the engrossment
(1) If not otherwise determined in the original, the engrossment of an original
shall be issued only to:
56. 1. persons who concluded the legal deal contained in the
document in their own name
57. 2. persons in whose name the legal deal in question was
concluded
58. 3. persons to the benefit of which the legal deal in question was
concluded,

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 59. 4. legal successors under Point 1 to 3 of Para 1 of the present
Article.
60.
(2) If due to cessation of work of a notary, notary acts, and other documents
and documentation were handed over for keeping to a court or another body of
authority or another notary, issuance of documents referred to in Para 1 of the
present Article shall be done by these bodies, i.e., the notary who is keeping
documents and files; whereas during the work of the deputy notary the same shall
issue documents.

Article 102.
Engrossment of an Original for the Purpose of Execution
(1) The engrossment of an original for the purpose of execution shall be issued
to persons who are signified in the original as trustees, i.e. their legal successors,
provided that conditions of execution of the original have been met.

(2) Only one enforceable copy of the original the purpose of execution may
be issued with exception of cases referred to in Para 3 of the present Article.

3) Another enforceable copy of an original for the purpose of execution of

unexecuted enforceable copy of an original referred to in Para 1 of the present
Article may be issued :

1. If all persons referred to in Article 10, Para 1, Point 1 and 2 herein or

their legal successors have agreed to it. Such consent shall have to be
notarised by a note on the original signed by the concerned party, or by
a separate notarised document to be enclosed with the original.

2. If the previously issued engrossment of an original was returned to a

notary due to deficiencies or if the same was destroyed, damaged or
has become unusable in any other way,

3. if a court in the jurisdiction in which a notary keeps his/her seat and

upon a proposal by the party issued an order for another engrossment.

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 A court shall issue such an order if the concerned party renders a
credible explanation about the need of another dispatch of an original.

Article 103.
Copies of an Original
Unless otherwise determined in the original, certified and plain copies of an
original of legal deals between living persons may issued to witnesses, persons who
gain some advantage or benefit from the legal deal in question, legal
representatives, successors and other universal legal successors, if so requested by
the aforementioned. It shall be allowed to the mentioned persons to review relevant
documents at any time.

Article 104.
Engrossment or a Copy of the Last Will Original

Engrossments or copies of an original related to the last will or provisions in

case of death drawn up by a notary or who received such a document in writing
may be issued to the testator while alive or to a person specifically authorized by a
certified authorization. After the death of testator, such engrossments or copies of
an original may be issued only after official reading of the last will.

After the death of testator such engrossments or copies of an original may be

issued only after proclamation of the last will. The day of proclaiming of the last
will shall be recorded on the engrossment or a copy of an original.

Article 105.
Foreign Notary Documents
(1) Notary documents issued abroad shall have the same legal effects provided
there is the condition of reciprocity, as notary documents issued under the present
law.
(2) Foreign notary documents shall not have legal effect in the Republika
Srpska which are not provided for under a law relevant for their issuance abroad.

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5. Legal Protection

Article 106.
Legal Protection Procedure
(1) An unsatisfied party shall be entitled to lodge a complaint to the Ministry if
a notary failed to undertake the requested official action, or because he/she failed to
undertake the requested official action in terms of contents and form in accord with
the law, or because he/she delayed undertaking of that action.

(2) The Ministry shall be obliged to order the notary to undertake the
requested official action and to determine a deadline for accomplishment of that
action. The notary shall be obliged to act upon the said order.

6. Takeover of Documents, Money and Securities for Safe Keeping and

Delivery

Article 107.
Safe Keeping and Delivery of Documents
(1) The notary shall be obliged to take over for safe keeping all kinds of
documents, whereas he/she shall be authorised to refuse keeping of a document for
which he/she deems to have justified reasons for such decision.

(2) The records shall be drawn up about taking over of documents, stating the
place and time of take over, the name and family name, profession and address of a
person who handed over the document, the index of deposited document, why it
has been deposited and whom should it be issued to. The records shall be signed by
a person who handed over the document and the notary. The notary shall put his/her
official seat on the records.

(3) If a document is sent to the notary in a letter, the same shall be recorded
in accord with Para 2 of the present Article. The letter shall replace the signature of
the person who handed over the said document.
(4) The notary shall issue an adequate certificate about taking over of a
document. If a document was sent by mail, a certificate of receipt shall be sent to
the sender by mail.

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 (5) The notary shall be obliged to establish the identity of a person to whom a
document is handed over in accord with provisions of Article 77 herein. The
received shall be obliged to confirm receipt of a document by putting his/her
signature on the records.

Article 108.
Safe Keeping of Cash and Securities
(1) The notary may take over for safe keeping some cash, bonds, cheques,
public bonds and other securities, whereas he/she shall be obliged to take the
mentioned items in only when handed over to him/her when drawing up the notary
records and for the purpose of delivering the same to certain person or to deposit
them with certain authority.

(2) If taking over has not been confirmed during drawing up of the notary
records, records shall be made about taking over specifying the numbers of entries
and deposit book, the place and time of taking over, i.e., marks and value of money,
securities and the name of a person who handed over the said items and the
statement of such person with instructions what need to be done with the items in
question. The notary shall issue a certificate of receipt to the concerned party
specifying the money and securities handed over to him/her.

(3) All documents, securities and money amounts taken over shall be
registered in the deposit records. The Minister shall adopt the regulations for
keeping the deposit records.

(4) If money and securities are sent to a notary in a letter, it shall be recorded
accordingly by the notary in accord with Para 3 of the present Article. The letter
shall be attached to the records.

Article 109.
Separate Safe Keeping and Delivery of Money and Securities
(1)The notary shall be obliged to keep money and securities taken over
separately from his/her own money and securities, in a separate envelope with the
name of the case and the party. The notary shall be obliged to keep entrusted money

45
in a separate account with a bank or other financial organization, which cannot be
accessible in case of compulsory execution against the notary.

(2) The notary shall keep a list of separate accounts in accord with regulations
to be adopted by the Minister.

(3) The notary shall deliver without delay money and securities taken over to
a body of authority of person designated after establishment of their respective
identity. The recipient shall acknowledge the receipt on the file or in the deposit
book.

Article 110.
Obligation to Return Items in Safekeeping
(1) If the notary cannot perform a handover within designated time, upon
expiry of that time, and if a deadline is not specified no later than fifteen days from
the day of handover, he/she may return to the concerned party all valuables taken
over, and if not possible, hand such items to a competent court for safe keeping and
notify the party who handed over items by registered mail or in some other credible
way.
(2) A deposit made with the notary shall have the effect of a court deposit.
(3) Provisions of Article 107. to 109.herein shall be applied in an appropriate
way in case when a notary as a court trustee takes over inheritance documents,
money, securities or valuables.

7. VII – NOTARY’S BUSINESS BOOKS

Article 111.
Business Books and Files
(1) The notary shall keep the following business books:
61. 1. general business registry for registration of all notary
documents,
62. 2. registry of persons who handed over some items in notary’s
presence for disposition in case of death with the mark and number of
the relevant file,

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 63. 3. deposit book about items taken over and issued, like money,
securities and valuables; the name and address of a deponent and a
person to whom the relevant item should be handed over shall be
added next to the exact mark of the deposit taken over.
64. 4. registry of assignments entrusted to the notary by a court or
some other body of authority with an alphabetical address book.
65. 5. common alphabetical name book of parties for registry and
deposit book.
66.
(2) The Minister shall prescribe contents, forms and methods of keeping
business books referred to in Para 1 of the present Article.
3) After registration of a deal in an appropriate business book, the notary
shall set up a notary file in accord with regulations passed on by the Ministry of
Justice.

8. VIII – KEEPING OF DOCUMENTS AND FILES

Article 112.
Obligation of Keeping Documents
The notary shall be obliged to keep locked all documents drawn up by
himself/herself, as well as documents he/she has taken over for safe keeping,
separately from other documents.

Article 113.
Safe keeping after Cessation of Notary Work
(1) If a notary wishes to stop the work, he/she shall be obliged to notify the
Ministry without delay as well as to undertake at the same time all necessary
actions to safe keep notary files, items, business books, seals and stamps and other
documentation, i.e. money and other securities in his/her safekeeping .

(2) The Ministry shall designate persons to take over files and other
documentation referred to in Para 1 of the present Article as well as the place for
safekeeping of files and documentation. When performing the work referred to in
Para 1 of the present Article these persons shall be acting in accord with provisions
contained herein and regulations of Article 114 herein.

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 Article 114.
Procedure Regulations
The Minister shall prescribe a procedure for takeover, keeping and usage of
documents, money, securities and other documentation referred to in Article 107 to
110. and Articles 112 and 113 of the present law.

9. IX – DISCIPLINARY RESPONSIBILITY OF NOTARY

Article 115.
Disciplinary Responsibility
(1) The notary shall be held disciplinary responsible for violation of official
duties committed by his/her own guilt.
(2) The notary shall be held accountable only for actions specified herein.
(3) Responsibility for a criminal offence and demeanour offence shall not
exclude disciplinary responsibility of the notary, if such type of violation
constitutes violation of a notary official duty.

Article 116.
Violation of Official Duty

The notary will violate his/her professional duty if:

67. 1.during processing, drawing up of notary documents and
undertaking of official action fails to comply with the provisions of the
present law,
68.
69. 2. he/he attests to a fact which has not occurred in his/her
presence,
70. 3.if contrary to a set tariff charges or requests a higher fee or if
in the capacity of a court trustee exerts pressure on parties to appoint
him/her as their representative,
71. 4. if by promising to reduce his/her fee, through a mediator or in
some other inappropriate way seeks parties,

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 72. 5. if he/she represents parties or draws up documents in cases
when he/she is prohibited to do so,
73. 6. if he/she fails to act in accord with final and biding decisions
of courts and other supervising bodies,
74. 7. he/she does not keep business books in a tidy manner,
75. 8. if during a public auction, or some other procedure that
he/she conducts as a notary, court trustee or representative of parties,
buys for himself/herself an item on sale, inheritance or other rights.
76. 9. if he/she conducts paid service for the state or some other
public or private service, if he/she engages in trade or mediation work
or in profession not appropriate for reputation, honour or independence
of the notary.
77. 10. he/she concludes deals under his/her name on behalf of
others or under somebody’s name for his/her own benefit or if he/she
becomes a party in deals in which he/she undertakes official actions as
a notary or court trustee.
78. 11. he/she deposits the money entrusted to him/her in his/her
name in contradiction to the provisions herein,
79. 12. he/she assumes the responsibility of guarantee or
responsibility in affairs concluded with his/her participation in
capacity of a notary.
80. 13. he/she conducts notary work while absent from work.
81. 14. he/she fails to secure the work of an assistant notary in
accord with this law.

Article 117.
Disciplinary Sanctions
The following sanctions may be pronounced against the notary for violation of
official duty:

1. reprimand in writing,
2. a fine in the amount of 2.500 KM too 25.000 KM,
3. temporary withdrawal of the right to conduct notary service for the
period up to one year

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 Article 118.
Disciplinary Procedure
(1) A procedure for determination of disciplinary responsibility of the notary
shall be initiated by the Minister.
(2) The Notary Chamber shall be responsible for conduct of a disciplinary
procedure.
(3) Disciplinary bodies of the first and second degree shall be established for
the purpose of conduct of a disciplinary procedure. Composition and methods of
selection of first and second degree disciplinary bodies, as well as their methods of
work, shall be prescribed by the Notary Chamber.
(4) A disciplinary responsibility procedure shall be conducted based on
regulations to be set forth by the Notary Chamber.

Article 119.
A Complaint Against a Disciplinary Sanction Decision
(1) The first disciplinary body of the Notary Chamber shall pronounce
disciplinary sanctions by means of a decision.
(2) A complaint may be lodged against a decision referred to in Para 1 of the
present Article to the second instance disciplinary body of the Notary Chamber.
(3) A complaint is to be submitted win 15 days from the date of receipt of a
decision.
(4) A decision upon a complaint shall be deemed as final.

Article 120.
Temporary Suspension of a Notary from Service
(1) A decision on temporary suspension of a notary from service may be
issued if a disciplinary procedure has been instituted against a notary, if the former
is necessary for protection of honour and reputation of service or to ensure interests
of parties.
(2) A notary shall be suspended temporarily from service if an indictment or
custody order were issued against him/her for a premeditated criminal offence, or if
he/she has been sentenced to a six month imprisonment sentence.
(3) A decision on temporary suspension from service in accord with Para1
and 2 of the present Article shall be passed on by the disciplinary body.

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 (4) A notary may lodge a complaint against a decision on suspension from
service to the second instance body within 15 days from the date of receipt of the
decision on suspension from service.
(5) A lodged complaint shall not postpone execution of a decision.
(6) The second instance disciplinary body shall decide upon a complaint no
later than 15 days from the date of receipt of a complaint.
(7) A decision by the second instance body made upon complaint shall be
deemed as final.

Article 121.
Disciplinary Responsibility of Persons Employed in Notary’s Office
Provisions of this law on disciplinary responsibility of a notary shall be
applied on disciplinary responsibility of assistant notary, deputy notary, acting
notary and professional associate.

Article 122.
General Possibility of Conducting a Procedure at a Court
A procedure may be instituted against the final decision by disciplinary
bodies of the Notary Chamber before a competent court within 30 days from the
date of receipt of the final decision.

10. X – RENUMERATION FOR WORK AND REIMBURSEMENT OF

COST

Article 123.
Remuneration for Work and Reimbursement of Cost
(1) Notaries shall be entitled to remuneration for their work and cost
reimbursement related to performed service in accord with a remuneration and
reimbursement scale.
(2) A remuneration and reimbursement scale for notaries shall be regulated by
a separate law. After constitution of the Notary Chamber, an opinion of the
Chamber shall be obtained prior to amendments of that law.

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 Article 124.
Payment of Remuneration Fees and Cost Reimbursement
(1) Payment of fees and cost reimbursement shall be made to the notary
immediately upon completed work, whereas the notary may ask a party to make
down payment at the time of taking up the work.

(2) The notary shall be obliged to issue a certificate of payment and cost
reimbursement to the concerned party.

Article 125.
Solidary Responsibility
If several parties took part in conclusion of a legal deal before a notary, or if a
notary completed an action for several parties, all involved parties owe fees and
cost reimbursement to the notary jointly, unless otherwise agreed by the concentred
parties.

11. XI – OVERSIGTHT OVER ENFORCEMENT OF THE PRESENT

LAW

12.

Article 126.
Oversight Over Enforcement of the Present Law
(1) Oversight over enforcement of the present law and notary’s work shall be
conducted by the Ministry.
(2) The notary shall be obliged to ensure oversight and make available all
files, originals, documentation and office space related to notary’s work and service
envisaged under the present law, and act in accord with decisions of a body
conducting oversight.

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13. XII –INTERIM AND FINAL PROVISIONS

Article 127.
Implementing Regulations
The Minister shall pass on regulations for which he/she has been authorised
under the present law within six month from this law coming force.

Article 128.
Preparatory Seminars for the Notary Examination
(1) The Ministry shall organise special seminars for preparation of candidates
to take the notary exam based on a curriculum devised by that Ministry within 6
months from the date of the present law entering into force and regulations passed
on based on Article 127 herein. The said curricula shall specify contents for every
subject envisaged in Article 10 herein.
(2) The Ministry shall ensure organization of seminars for professional
development of notaries in line with Article 26, Pare 1, and Point 7 of the present
law within 18 months from the day of the present law entering into force. Cost of
seminars shall be borne by the Notary Chamber.

(3) Upon a proposal by the Notary Chamber the Ministry shall determine
conditions under which seminars for professional education of notaries are deemed
as the seminars in sense of Article 26, Para 1, Point 7 herein.

Article 129.
Constitution of the Notary Chamber
The Notary Chamber shall be organized and constituted within three months
from the completion of appointment of notaries in the territory of the Republika
Srpska.

Article 130.
Provision Prior to Constitution of the Notary Chamber
Until the Notary Chamber has been constituted, affairs referred to in Article
54, Para 4 herein shall be conducted by the Ministry.

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 Article 131.
Coming into Force
The present law shall enter into force on the eighth day from the day of
publishing in the “Official Gazette of the Republika Srpska” and shall be applied as
of 01. January 2005.

No. 01-711 /04 PRESIDENT OF THE

Date: 24th September 2004. NATIONAL ASSEMBLY
Dušan Stojičić

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