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Gegham Nazaryan: How the notary will check whether the person donated the property or sold it under the name of a donation deed

November 22,2023 18:45

It is designed that from now on, all the transactions regarding the donation of immovable properties will be subject to notarization. This was stated by the Deputy Minister of Justice Ara Mkrtchyan during the extraordinary sitting of the Standing Committee on State and Legal Affairs held on November 21.

Presenting the draft law on Amending the RA Civil Code, Ara Mkrtchyan stated that the sector statistics prove that the higher risk of some types of transactions was not taken into consideration when planning the legislative regulation.

The deputy of the NA Armenia Faction Gegham Nazaryan asked the Deputy Minister how the notary will check whether the person donated the property or sold it under the name of a donation deed.

Answering the question, Ara Mkrtchyan said that now the property donation transaction is validated by the Cadastre Committee, which does not have the right to examine the transaction and the client, unlike a notary.

“Suppose an official donates valuable property to a person with whom he has neither a friendly nor a social relationship. The notary must report the transaction to the relevant body and conduct an investigation into why the official donates his property to another person,” Ara Mkrtchyan said.

During the debate, questions concerning risk management, creating new risks, correct use of state resources, duties and payments and workload of notaries were raised.

The Chair of the NA Standing Committee on State and Legal Affairs Vladimir Vardanyan noted that the draft should not cause any complications in the citizen’s life. He mentioned that the draft law will solve deep problems.

The co-rapporteur of the draft, the deputy of the NA Civil Contract Faction Alkhas Ghazaryan pointed out that the amendments under debate will not complicate the lives of the citizens in any way, except that from now on, money will be charged for the transaction of donations.

The draft law on Making Addenda to the Law on State Registration of Legal Entities, Separate Divisions of Legal Entities, Institutions, and State Registration of Individual Entrepreneurs and the package of draft laws presented in the attached document were also debated at the Committee sitting.

The proposed amendments will establish legal grounds for recognizing the state registration of individual entrepreneurs whose data are included in the information system, but there are no entries in the unified state register.

The co-rapporteur, the deputy of the NA Civil Contract Faction Lilit Minasyan called on the Committee members to vote for the package of drafts.

The Committee endorsed the bills debated in the second reading.

 

National Assembly of the Republic of Armenia

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