In Hungary civil law notaries (further on referred to as: notaries) form part of the administration of justice (judicial authority) and they are vested with public authority in exercising their statutory competences. Notaries provide the clients with legal services to prevent legal disputes and they are entitled to use the national coat of arms on their documents.
Notaries are commissioned by the Minister of Justice for an indefinite period, however they are not employees of the State. All their procedures are non-contentious procedures having equivalent legal effect to the judicial procedures. Notaries are obliged to proceed upon the Request (and not upon the commission) submitted to them, nevertheless there are cases where they shall refuse to act with an order that is not subject to appeal according to the Act on Civil Law Notaries.
Notaries are only subject to the law and may not be ordered, they shall act independently and impartially. Although there are some exceptions, notaries may not engage in gainful activities other than their public office. Notaries may not advise parties on legal matters apart from their procedures, they may not prepare any private documents, and with very narrow exceptions they may not assume legal representation. In most procedures territorial jurisdiction of the notary is determined by law. Notaries must not engage in political activities.
Notaries shall be entitled to a fee as specified by law and generally no exemption of costs may be granted in their procedures. Overdue notarial fees may be enforced without any preliminary procedure.
Notarial competencies:
Probate proceedings
Order for payment procedure
European order for payment procedure
Appointment of a forensic expert and preliminary evidence
Annulment of lost securities and instruments
Dissolution of registered partnerships
Administering the Register of Declarations of Cohabitation
Administering the Electronic Register of Marriage and Partnership Contracts
Notarial escrow
Recording legal succession of an obligee or obligor registered in the Security Interest Register
Settlement before the Civil Law Notary
Enforcement of Order for payment, European order for payment, notarial deed, notarial decree, settlement approved by notary, and notarial fees
Issuance of certificates required for the enforcement of notarial decrees, settlements, and notarial deeds in another Member State
Administering the National Register of Wills
Notarial deeds
Issuance of certified office copies of a notarial deed
Safekeeping of Documents
Custody of Cash, Valuables and Securities
Certification/authentication of copies, signatures or facts with legal relevance
