Notariusi (Notary)
Georgian Notary · Notary Public in Georgia · E-Notary Georgia
Definition
A Notariusi is a state-commissioned public officer in Georgia regulated by the Ministry of Justice. Responsible for legalising documents, authenticating signatures, issuing powers of attorney, and certifying contracts, the notary plays a key role in remote real estate transactions, document translations, and formal legal representation.
In detail
Overview of the Georgian Notary System
In Georgia, a Notariusi (notary) is a legal professional holding a state license issued by the Ministry of Justice. Notaries operate under the Law of Georgia on Notaries and are members of the Notary Chamber of Georgia. Unlike civil law jurisdictions such as France, Germany, or Latin notary systems where notaries hold an absolute monopoly over real estate conveyancing, Georgia utilizes a streamlined dual system.
Property conveyancing in Georgia can occur either directly through the National Agency of Public Registry (NAPR) at the Public Service Hall or through a licensed Notariusi. However, for cross-border investors and complex real estate transactions, notary services remain essential.
Key Roles in Real Estate Transactions
1. Power of Attorney (POA): Foreign investors who do not travel to Georgia to sign property transfer documents execute a Power of Attorney (mshvildobiani / mndo) authorizing a local representative or lawyer. A Georgian notary can issue or authenticate this POA.
2. Remote / E-Notarisation: Georgia is one of the few jurisdictions allowing digital remote video notarisation. A foreign citizen can appear before a Georgian notary via an official video link to execute POAs, purchase agreements, or corporate documents.
3. Certification of Foreign Documents and Translations: Foreign passports, corporate certificates, bank statements, or foreign-issued POAs must be translated into Georgian and officially certified by a local notary. Foreign documents usually require an Apostille or consular legalisation prior to local notarisation.
4. Contract Execution and Deposit Agreements: While standard sales agreements can be signed at the Public Service Hall, bespoke purchase contracts, lease-to-own contracts, escrow terms, or complex mortgage deeds are frequently drafted and notarised by a notary to ensure full enforceability under the Civil Code of Georgia.
Fees and Statutory Regulation
Notary fees in Georgia are strictly regulated by government decree (Decree No. 39 on Notary Fees). Charges for services such as issuing a POA, certifying document translations, or notarising a contract follow fixed statutory tariffs or percentages tied to contract value, preventing arbitrary pricing.
Georgian context
In Georgia, property title transfer does not strictly require a notary if both buyer and seller appear in person at the Public Service Hall. The National Agency of Public Registry (NAPR) registers title directly based on standard private purchase contracts. However, the Notariusi is indispensable for non-resident buyers operating remotely. Georgia's E-Notary system allows non-residents to execute legally binding Powers of Attorney via video calls, bypassing the need for physical travel or embassy appointments. Furthermore, foreign POAs or passports must undergo certified translation authenticated by a Georgian notary before submission to NAPR.
Real example
An investor based in Singapore wishes to purchase an apartment in Tbilisi without travelling to Georgia. The investor engages a Georgian lawyer and schedules an online e-notary session with a licensed Notariusi in Tbilisi. During the recorded video session, the notary verifies the buyer's identity via passport, checks mental competence, reads the draft Power of Attorney (POA) in a language understood by the client, and issues an authenticated electronic POA. The representative in Tbilisi prints the notarised document, presents it at the Public Service Hall, and completes the property purchase and registry on behalf of the buyer.
Common mistakes
- ×Assuming a notary in Georgia performs deep title searches or guarantees freedom from property encumbrances.
- ×Believing that a notary is legally required for in-person property registration at the Public Service Hall.
- ×Submitting foreign-language legal documents to a Georgian notary without prior certified translation and mandatory Apostille/legalisation.
- ×Confusing the role of a notary with that of an independent legal counsel representing buyer interests.
Frequently asked questions
Do I need a notary (notariusi) to buy property in Georgia?
No, if you attend in person at the Public Service Hall, staff can draft a standard contract and register title directly without a notary. However, a notary is required if buying remotely via Power of Attorney, using complex contract terms, or establishing specific legal safeguards.
Can a Georgian notary perform remote online video notarisation?
Yes, Georgian law allows licensed notaries to conduct electronic notarisation via video link. The party must present valid identification, demonstrate full understanding of the document, and complete the verification process established by the Notary Chamber of Georgia.
Does a Georgian notary perform title due diligence?
No. A notary authenticates signatures, verifies identity, and confirms legal capacity. They do not investigate property history, check for unregistered encumbrances, or confirm developer solvency. Independent legal due diligence should be conducted separately.
How are foreign POAs recognised by a Georgian notary or public registry?
A POA issued outside Georgia must be certified with an Apostille (or legalised via embassy/consulate if the country is not party to the Hague Convention), translated into Georgian by a certified translator, and verified by a Georgian notary before submission.
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