Notarial functions

Transactions are defined as actions by individuals to create, change or cancel civil rights and duties. Transactions can be unilateral, for example, powers of attorney, wills, statements, consents, and bilateral – purchase and sale agreements, gift agreements, loan agreements, mortgage agreements, marriage contracts, etc.

By authenticating the transaction, the notary shall ensure that the transaction is concluded in free will of the parties involved, the facts are in line with reality, the transaction does not contradict the rights and legitimate interests of the parties and complies with the requirements of the laws and other regulations.
The notary must ascertain the capacity of natural persons and check the legal personality of legal entities involved in the transactions, clarify the essence and consequences of the transaction to the parties involved.

The notary shall approve the transaction only upon obtaining documents required under the procedure provided for in the laws, upon performance of established obligations. The notary shall make an acknowledgment entry in the transaction to be authenticated, sign it and seal the transaction with the seal or stamp containing coat of arms of the State.

Documents authenticated by the notary are official written evidence having prima facie power (higher evidential power). Legislation and case law generally recognize that facts in notarised documents are determined and do not have to be verified until such documents (parts thereof) are declared null and void under the procedure provided for in the laws.

Where property right to immovable property, restrictions to this right and legal facts arise from the conclusion of notarised transaction, the application to register property rights, restrictions to these rights and legal facts and documents substantiating the occurrence of property rights, restrictions of such rights and legal acts are transferred by the Notary Office to the territorial registrar of the State Enterprise Centre of Registers by means of remote communication. The clients no longer need to go to State Enterprise Centre of Registers.

Certificate of inheritance right is an official document verifying the fact of inheritance acceptance and the right to inheritance.

The certificate of inheritance right is issued when the heirs of the deceased, by law, by a will or summoned to inherit, refer to the notary of the place of the opening of inheritance by signing the statement about the acceptance of inheritance and application to issue the certificate of inheritance right. Another way to accept the inheritance is by starting to act like an actual possessor.
The heirs must perform these actions within 3 (three) months form the date of opening of inheritances (i.e. the date of the death of the person whose succession is involved). One certificate of inheritance right can be issued to all heirs, or to each individually taking into consideration their requests.

After inheriting immovable property, certificates of inheritance right confirming the ownership right of the heirs to inherited estate are transferred by the Notary Office to the territorial registrar of the State Enterprise Centre of Registers by means of remote communication. The clients no longer need to go to State Enterprise Centre of Registers.

European certificate of succession is a standard certificate proving legal status and/or rights of heirs, legatees, executors of wills and administrators of the estate. European certificate of succession shall have legal consequences in all Member States of the European Union without any special recognition or publication procedure being required.

Certificate attesting to the ownership right of a share to a common estate of the spouses can be issued on the basis of a written statement to the surviving spouse with respect to half of common property acquired during marriage.

If assets, which are joint community property, are registered on behalf of the surviving spouse, with his/her agreement, a certificate determining the share of the deceased spouse can be issued.

Certificate attesting to the ownership right, after the death of a spouse, is issued by the notary of a place of opening of inheritance.

It is presumed that the shares of joint property of the spouses are equal. This is recognised irrespective of the fact on behalf of which spouse (or both spouses) the property is acquired.

Certificates of ownership right attesting to the ownership rights of the spouses to immovable property or a part thereof acquired during marriage are transferred by the Notary Office to the territorial registrar of the State Enterprise Centre of Registers by means of remote communication.

By applying by his/her stamp and signature, the notary shall authenticate that the information contained in a document transcript or extract thereof matches the information (a part thereof) specified in an original document.

The authenticity of document transcripts and extracts is certified, if they match original documents, does not contradict the laws, have legal effect, and the laws do not prohibit the certification of authenticity of such document transcripts and extracts.

Certified transcript of a document or an extract thereof is compared to the original document.

By certifying the authenticity of the signature of the applicant in a document, the notary shall determine the identity of the signatory and certify that a certain document is signed by the person, whose will is expressed in the document. However, the notary does not certify and is not liable for the content of the document, correctness of facts, numbers and data provided in such document. This is the main difference between certification of authenticity of a signature in a document and notarised transaction (see Authentication of Transactions).

Upon receipt of a request of a natural person to certify that he/she is alive and in a particular place, the notary shall verify such facts and confirm relevant statement or issue a certificate that a natural person is alive and in a particular location. The fact that a natural person is alive and in a particular place is certified when this natural person appears before a notary or at a place of presence of a natural person.

A will is a personal arrangement by a person whose succession is involved with respect to assets and personal non-property rights and duties in case of death drawn up in a form and under the procedure provided for in the laws. Wills may be official and private. The following are treated as official wills:

• wills of the persons undergoing treatment in hospitals or any other institutions of medical care and disease prevention or in sanatoriums, as well as the wills of persons living in social care homes for old or disabled people attested by the chief doctors, their deputies for medical matters or doctors on duty of these hospitals, institutions of medical care or sanatoriums, likewise by the directors or chief doctors of such social care homes for old or disabled people;
• wills of persons sailing in seagoing vessels or ships of internal waters flying the flag of the Republic of Lithuania, attested by the masters of those ships;
• wills of persons participating in surveyor, research, sport or any other expeditions attested by the heads of those expeditions;
• wills of soldiers attested by the commanders of those units, formations or institutions and military schools;
• wills of inmates of the places of imprisonment attested by the heads of these institutions;
• wills attested by the heads of eldership of the place of residence of the testator.

The notary shall accept wills treated as official wills and private wills for storage. By accepting a will treated as an official will, the notary must determine the identity of a person transferring the will, verify whether the will contains the following data: place and time of drawing up the will, name and surname of a testator or testators, where a joint will of spouses were drawn up, personal number granted by state register registering natural persons in the Republic of Lithuania, in case of absence of personal number – date of birth, place of residence, signature of the testator, name, surname, position and signature of a person, which confirmed the will, date and number of registration of the will, stamp or seal.

A private will, which was drawn up by the testator in his/her handwriting, must be transferred by the testator himself/herself. A private will must be transferred in a sealed envelope. Act about the fact of acceptance of a private will for storage must be drawn up. A copy of such act is issued to the testator.

By the application of the signature and stamp or seal the notary shall verify the time of document submission and issue a certificate confirming this fact.

The notary shall transfer statements of legal and natural persons to other legal and natural persons. This service provided by the notary is relevant in order to notify the co-owners of immovable property about the possibility to use priority right granted by the laws for purchasing the share of a co-owned item being sold by inviting the other party to the transaction to visit the notary office for concluding, amending or terminating the agreement, cancelling power of attorney or in other cases.

Statements must be submitted to the notary in at least two copies, one of which is sent to persons specified in the statement by registered mail with delivery notice, and the second copy is kept in notary’s file.
At applicant’s request, the notary shall issue a certificate about the transfer of the statement to the addressee. The certificate contains information on when the statement was delivered to the addressee, whether the notary received reply within time limit prescribed.

The performance of obligation by paying the money into the notary’s depository account is possible when the basis of occurrence of obligation is a notarised transaction or any other notarised legal fact or when the payment of money into depository account is related to future notarial action. The notary may accept money into a depository account if the debtor’s right to pay money arises on the basis of legislation and there are no circumstances that could complicate the identification of the creditor or payment of money to such creditor.

The notary shall draw up the act of sea protest about an event that occurred during the voyage or berthing of a vessel. The act of a sea protest must contain the circumstances of an event and measures taken by the master to ensure the security of a cargo entrusted to him.

Bill of exchange is a security drawn up following the procedure laid down and under which the person issuing it unconditionally undertakes to pay a certain amount of money, directly or indirectly, to a person indicated in a bill of exchange or orders other person to do that.

Check is a payment document drawn up under the procedure provided for in the laws by which a person issuing the check orders the bank, without any conditions, to pay the amount of money specified in the check to a person indicated in the check or a person presenting it.

Non-acceptance or non-payment of a bill of exchange or non-payment of a check must be confirmed by an official act – protest regarding refusal to accept or pay. Bills of exchange and checks for protest are submitted by the holders thereof or persons authorised by them. The notary shall formalise protests of bills of exchange and checks under the procedure provided for in legislation at a specified time.

The notary shall make executive records in protested or unprotested bills of exchange and checks according to a written application to recover money from a debtor submitted by the holder of the bill of exchange or check or a person authorised by such holder or a person having a right of recourse.

The executive record made by the notary suggests to recover from the debtor the amount of the bill of exchange or check which was not paid within the time limit for the payment of bill of exchange or check or unpaid part of the amount of bill of exchange or check, including interest, notary’s fee paid by the holder of bill of exchange or check for protesting of bill of exchange or check and making of executive record, including notification dispatch and other expenses.

Notarial executive records according to protested or unprotested bills of exchange or checks are enforceable and executive documents to be exercised under the procedure provided for in the Code of Civil Procedure.

The Law on Bills of Exchange and Notes and the Law on Checks provide for strict requirements on mandatory details of bills of exchange and checks, procedures for submitting them for payment and protesting, including terms. In case of non-compliance with these requirements or on expiry of such period, the notary will be unable to make executive record, therefore, outstanding amount of bill of exchange or check will have to be recovered under judicial (dispute) procedure.

Upon receipt of the creditor’s request on making an executive record according to notarised transaction resulting in monetary obligations, the notary shall verify whether the person, who submitted the executive record on enforced recovery according to the creditor’s request is a creditor in a transaction resulting in monetary obligations; whether the data provided in the creditor’s request for making an executive record match the data specified in the transaction; whether the deadline for the performance of the obligation under the transaction has expired, and where the creditor requests the performance of obligation before maturity, whether the grounds listed by the creditor are established in the laws or in the transaction. The notary does not verify the compliance of data other than the above and is not liable for them. Upon verifying such data, the notary, before making executive record, shall send a notice to the debtor. Such notice must include creditor’s data and suggestion to pay the debt to the creditor no later than within 20 (twenty) days from the date of dispatch of notice to the debtor and notify the notary in writing about the performance of obligation or to provide data to the notary that the creditor’s claim is groundless. Taking into consideration data provided by the creditor and the debtor, the notary makes executive record or refuses to make it by giving reasons. The notary shall have the right to cancel executive record in cases provided by the law.

Notary’s executive records according to notarised transactions resulting in monetary obligations are enforceable and executive documents to be exercised under the procedure provided for in the Code of Civil Procedure.

Upon receipt of the request of mortgage (pledge) creditor for an executive record, the notary shall verify whether the executive record on enforced recovery at the request of mortgage (pledge) creditor is submitted by a person who is the mortgage (pledge) creditor; whether data provided in the request by mortgage (pledge) creditor on making executive record match the data specified in the Mortgage Register; whether the deadline for the performance of obligation secured by mortgage (pledge) has expired, and where the creditor requests to satisfy the claim secured by mortgage (pledge) before maturity, whether the grounds listed by the creditor are established in the laws. The notary does not verify the compliance of data other than the above and is not liable for them. Upon verifying such data, the notary, before making executive record, shall send a notice to the debtor. Such notice must include data provided by mortgage (pledge) creditor and suggestion to pay the debt to the creditor no later than within 20 (twenty) days from the date of dispatch of notice to the debtor and notify the notary in writing about the performance of obligation or to provide data to the notary that the mortgage (pledge) creditor’s claim is groundless. Taking into consideration data provided by the mortgage (pledge) creditor and the debtor, the notary shall make executive record or refuse to make it by giving reasons. The notary shall have the right to cancel executive record in cases provided by the law.

Notary’s executive records on enforced debt recovery according to a statement of mortgage (pledge) creditor are enforceable and executive documents to be exercised under the procedure provided for in the Code of Civil Procedure.

The notary shall draw up or approve documents regarding the correctness of data provided to the Register of Legal Entities and certify that legal entity can be registered because obligations established in the laws or incorporation transaction are performed and circumstances provided for in the laws or incorporation documents have arisen.

Legal entity is a company, institution or organisation having a name, which can acquire and possess right and duties on its behalf, become a claimant or defendant in court. Legal entities are registered in the Register of Legal Entities under the procedure provided for in the Civil Code of the Republic of Lithuania and regulations of the Register of Legal Entities.

When establishing a legal person, documents specified in regulations of the Register of Legal Entities must be submitted to the notary. The notary shall check whether all necessary incorporation documents were prepared and submitted, consents, permits obtained, necessary decisions made, other actions provided for in regulatory acts taken. The notary shall verify the authenticity of provided data, and if no shortcomings are found, certify that the legal person can be registered in the Register of Legal Entities.

Incorporation documents of a legal person is the decision of the founder (or in case of two or more founders – minutes of constituent assembly), incorporation act (or in case of two or more founders – incorporation agreement), articles of association of legal person being established (or in cases provided for in legislation regulating relevant legal forms – statute). The notary shall verify that the content and form of incorporation documents of a legal person comply with the requirements of the laws, and rights and duties of a legal person specified therein do not contradict mandatory provisions.

The purpose of document approval certificate (Apostille) is to ensure the validity of official documents in another country.
Approval of documents by certificate (Apostille) is the verification of authenticity of a signature, position of a signatory and the stamp or seal by a certificate (Apostille).

The following official documents can be approved by certificate (Apostille):

• documents issued by state and municipal institutions or officers; public prosecutor; court officer or person entitled to enforce court decisions;
• administrative documents;
• notarised documents;
• notarised transcripts of official documents.

Documents must be in order, legible. If the document consists of several pages, they must be thread sewn.

Notaries can also execute other notarial actions according to the Law on Notary of the Republic of Lithuania.

Capable adult natural person may conclude an agreement in writing with another capable adult natural person, whom he/she trust, on assistance in making decisions in certain areas of life. The agreement on assistance in making decisions may be concluded when a person, due to mental or behaviour disorder or any other circumstances (age, disease, etc.), finds it difficult to make decisions, which would serve his/her interests best. Natural person who is incapacitated in a certain area or has limited capacity in a certain area can conclude the agreement on assistance in making decisions in areas in which he/she is capable.

Agreements on assistance in making decisions must be prepared in a notarial form and can be found in the Register of Legally Incapable Persons and Persons with Limited Legal Capacity. The agreement on assistance in making decisions can be used against third parties and have legal consequences only if it is registered in the Register of Legally Incapable Persons and Persons with Limited Legal Capacity.

A person providing assistance must avoid the conflict of interests between him/her and assisted person. The activity of persons providing assistance is supervised and controlled by guardianship and care institutions.

The decisions of a person who concluded an agreement on assistance in making decisions are personal decisions. Liability for the decisions of a person who concluded an agreement on assistance in making decisions and actions taken on the basis of such decisions lies with the person who made the decisions.

Any party to the agreement on assistance in making decisions may refer to the notary and submit a statement on termination of the agreement. Upon certification of a statement on termination of an agreement on assistance in making decisions, the notary shall provide to the Register of Legally Incapable Persons and Persons with Limited Legal Capacity data necessary for registration of a fact of termination of this agreement.

Capable adult natural person may submit a preliminary instruction on how to address matters related to implementation of his/her property and personal non-property rights and duties in cases where in the future he/she is declared incapacitated in a certain area or as having limited capacity in a certain area. In a preliminary instruction, a person may list persons, which he/she would like the court to appoint or not to appoint as guardians or carers if he/she is declared incapacitated in a certain area or as having limited capacity in a certain area, express his/her will on a place of residence (placement in guardianship (care) institution), indicate a specific person, which would deal with the matters of implementation of his/her property and personal non-property rights and duties, and other instructions.

Preliminary instructions must be prepared in a notarial form and can be found in the Register of Legally Incapable Persons and Persons with Limited Legal Capacity. Information about the submission of preliminary instruction and content thereof is confidential until the preliminary instruction comes into force. Preliminary instruction comes into force after the court decision, by which the person is declared incapacitated in a certain area or as having limited capacity in a certain area, becomes final and binding and is valid for a period specified in a preliminary instruction. When preliminary instruction comes into force, all persons and institutions performing operations with respect to implementation of property and personal non-property rights and duties of a person submitting a preliminary instruction must follow the provisions of preliminary instruction, except in cases where compliance with the preliminary instruction due to changed circumstances no longer serves the interests of a person submitting such preliminary instruction.

Mediation is a dispute settlement procedure whereby one or several mediators assist the parties to a dispute in reaching an amicable agreement. Mediation services may only be provided by persons who have received special training and have been certified. Mediator is a third impartial natural person who meets the requirements of the Law on Mediation of the Republic of Lithuania and is included in the list of mediators of the Republic of Lithuania and assists the parties to the dispute in reaching an amicable agreement.

Starting from 1 January 2020, compulsory mediation is used in family matters relating to divorce, maintenance of a child, determination of residence, arrangements for communication with children and other family disputes. The legalization of compulsory mediation in family disputes does not mean that the parties will have to reach an agreement, it will only be required to try the mediation to resolve their disputes.