Organisational framework
At national level, Romania's public notaries are constituted as the National Union of Public Notaries (UNNPR), a professional organisation of public interest established by law, which regulates the practice of the profession within the limits set by law, represents it domestically and internationally, and guides, supports and oversees public notaries in applying the law. A Chamber of Public Notaries operates in the district of each court of appeal, with legal personality, comprising all the notaries of that district. Notarial activity is carried out in individual notarial offices and in notarial professional companies, led by public notaries appointed by order of the Minister of Justice.
The National Union of Public Notaries of Romania
UNNPR represents public notaries in their relations with the State authorities, professional bodies and international institutions. The Union also contributes to the development of the profession, draws up professional rules and supports public notaries in applying the legislation governing notarial activity correctly and uniformly.
The Union provides the framework for improving notarial activity, for the professional training of public notaries and for strengthening the authority and standing of the institution, through:
- information on notarial and judicial practice and on specialist doctrine;
- organising professional colloquia, meetings, symposia and other forms of gathering at regional, national and international level;
- publishing its own publications on questions of doctrine, practice and comparative law;
- organising professional and administrative supervision;
- making notarial practice uniform and applying the law uniformly;
- introducing and mastering new techniques in notarial activity.
With a view to improving the legislative system, the Union, through its bodies, puts proposals to the authorities or persons with legislative initiative for draft legislation concerning notarial activity.
The Congress of Public Notaries
The Congress is the highest forum of the notarial profession and brings together representatives of public notaries from across the country, elected by the general assembly of each Chamber of Public Notaries on a representation ratio of 1 to 10. The Congress meets in ordinary and extraordinary sessions.
The powers of the Congress include:
- adopting and amending the UNNPR Statute;
- adopting and amending the Code of Ethics of public notaries;
- validating the election of the members of the Council of the Union and of the Disciplinary Council;
- debating professional matters of general interest;
- approving the activity reports of the Union's bodies.
The Council of the Union
The Council of the Union is made up of the representatives of each Chamber of Public Notaries. Public notaries elect the President and 3 Vice-Presidents from among the members of the Council of the Union. From among the 3 Vice-Presidents, the UNNPR Council elects a First Vice-President.
The Chambers are represented on the Council according to the following rule:
- 1 representative for Chambers with up to 200 notaries;
- 2 representatives for Chambers with between 201 and 400 notaries;
- 3 representatives for Chambers with more than 400 notaries.
The powers of the Council of the Union include:
- proposing to the Minister of Justice that the number of public notary posts be updated;
- approving the number of places for obtaining the status of trainee notary;
- proposing to the Minister of Justice the regulations on the examinations for entry into the profession;
- adopting professional usages in accordance with the provisions of the Civil Code.
The Executive Board of the Council of the Union
The Executive Board is the body that carries on the day-to-day work of the Council of the Union and has 9 members: the President, the First Vice-President, the Vice-Presidents and 5 members, elected by the Council of the Union from among the representatives of the Chambers of Public Notaries on the Council.
The powers of the Executive Board include:
- carrying on the permanent work of the Council of the Union;
- coordinating the national notarial registers;
- settling conflicts of competence between notaries from different chambers;
- coordinating the work of the entities within the Union.
The President of UNNPR
The President of the Union represents the profession both nationally and internationally and leads the work of the Council of the Union and of the Executive Board. The President of the Union is also President of the Council of the Union and of the Executive Board.
Public notary Laura Badiu
The powers of the President of UNNPR include:
- representing the Union in relations with the authorities and professional organisations;
- convening and chairing the meetings of the governing bodies;
- bringing disciplinary proceedings under the conditions laid down by law;
- exercising the powers laid down by law and by the statute in order to ensure that notarial activity functions efficiently at national level.
The Chambers of Public Notaries
The Chambers of Public Notaries are organised in the district of each Court of Appeal and bring together the public notaries practising in the counties of that district. They provide support, coordination and representation for public notaries at local level.
Each Chamber has legal personality and its own seal. The Chamber's main office is in the town where the Court of Appeal sits, and a secondary office of the Chamber may also operate in each county of the district.
The General Assembly
The General Assembly is the decision-making forum of each Chamber, comprising all the public notaries of that chamber.
The general assembly meets quarterly in ordinary session and, whenever necessary, in extraordinary session, convened by the President of the Board of Directors, at the request of at least one third of its members or at the request of the Council of the Union. Attendance by public notaries at general assemblies is compulsory.
The powers of the General Assembly include:
- electing and removing the Board of Directors;
- electing the representatives on the Council of the Union;
- approving the development strategy and investment policy;
- approving the Chamber's internal regulations.
The Board of Directors
The Board of Directors provides the executive leadership of the Chamber and implements the decisions adopted by the General Assembly.
The Board of Directors is elected by the general assembly of the members of the Chamber for a period of 4 years and meets monthly in ordinary session, or in extraordinary session when convened by the President.
The powers of the Board of Directors include:
- coordinating professional activity at local level;
- overseeing the training of trainee notaries;
- putting forward proposals on the development of the profession within its district.
The President of the Board of Directors
The President represents the Chamber in relations with the authorities, institutions and natural or legal persons, and coordinates the work of its governing bodies.
The powers of the President of the Board of Directors include:
- representing the Chamber in relations with the authorities and professional organisations;
- convening and chairing the meetings of the Board of Directors and of the General Assembly;
- exercising the powers laid down by law and by the statute in order to ensure that notarial activity functions efficiently at local level.
The individual notarial office and the notarial professional company
A public notary exercises their office either in an individual notarial office or in a notarial professional company. A notarial professional company is formed by 2 or more associated public notaries. In carrying on their work, public notaries may be supported by staff with higher education and by auxiliary staff. In all forms of practice, the public notary exercises their duties personally and is individually liable for their work.
Public notaries are required, in order to prevent disputes, to check that the documents they execute contain no clauses contrary to the law and to good morals, and to explain their content to the parties. Where the document requested is contrary to the law and to good morals, the public notary will refuse to draw it up.
Work is carried on as a rule at the premises of the notarial office but, under the conditions laid down by law, a public notary may also carry out notarial acts and procedures away from those premises, within the territorial district of the district court in which they practise.
Search for a public notary on the map
For further information, see Law no. 36/1995 and the Regulation implementing Law no. 36/1995.