Can a notary be a partnership member of two notary offices in two different provinces?

1. What are the rights of a notary?

Pursuant to Clause 1, Article 17 of the Notary Law 2014, the rights of notaries are as follows:

“Article 17. Rights and obligations of notaries

1. Notaries have the following rights:

a) The right to practice notary practice is guaranteed by law;

b) Participate in establishing a Notary Office or work under contract regime for a notary practice organization;

c) Have contracts, transactions, and translations notarized according to the provisions of this Law;

d) Request relevant individuals, agencies and organizations to provide information and documents to perform the notarization;

d) Refuse to notarize contracts, transactions, or translations that violate the law or are contrary to social ethics;

e) Other rights as prescribed by this Law and other relevant legal documents.”

2. Is there a limit on notaries in a notary office?

Pursuant to the provisions in Clause 1, Article 22 of the Notary Law 2014, the regulations on notary offices are as follows:

“Article 22. Notary office

1. Notary offices are organized and operate according to the provisions of this Law and other relevant legal documents for the type of partnership company.

The notary office must have two or more notary partners. The notary office does not have capital contributing members.

2. The legal representative of the Notary Office is the Head of the Office. The Head of the Notary Office must be a notary partner of the Notary Office and have practiced notary practice for 2 years or more.

3. The name of the Notary Office must include the phrase “Notary Office” accompanied by the full name of the Head of the Office or the full name of another notary partner of the Notary Office as agreed upon by the partner notaries, must not be identical or confusing with the name of another notary practice organization, and must not violate the historical, cultural, ethical traditions and fine customs of the nation.

4. The notary office must have a headquarters that meets the conditions prescribed by the Government.

The notary office has its own seal and account, operating on the principle of financial autonomy with revenue from notary fees, notary fees and other legal sources of revenue.

5. Notary offices use seals without the national emblem. The notary office can engrave and use the seal after receiving a decision to allow its establishment. Procedures and documents for seal engraving, management and use of the seal of the Notary Office are carried out in accordance with the provisions of law on seals.”

Thus, the notary office must have two or more partnership notaries.

3. Can a notary be a partnership member of two notary offices in two different provinces?

As above Mentioned, the notary office is organized and operates in the form of a partnership, therefore, based on Article 180 of the Law on Enterprises 2020, the regulations on restrictions for general partners are as follows:

“Article 180. Restrictions on rights for general partners

1. Partnership members are not allowed to own private enterprises; Not allowed to be a general partner of another partnership unless agreed by the remaining partners.

2. Partnership members are not allowed to act on their own behalf or on behalf of others doing business in the same industry or line of business as the company for personal gain or to serve the interests of other organizations or individuals.

3. A general partner is not allowed to transfer part or all of his/her capital contribution in the company to another organization or individual without the approval of the remaining general partners.”

In addition, according to Article 27 of the Notary Law 2014 there are regulations on changing general partners of the Notary Office as follows:

“Article 27. Changing general partners of the Notary Office Notary office

1. The notary partnership of the Notary Office may terminate the partnership member status according to personal wishes or in other cases prescribed by law.

The Notary Office has the right to accept a new notary partnership if that notary is approved by the remaining notary partners.

The termination of the status of a partnership notary and the acceptance of a new partnership notary are carried out in accordance with the provisions of this Law and the law on enterprises.

2. In case a notary partner of the Notary Office dies or is declared dead by the Court, the heirs of the notary partner are entitled to the value of the assets at the Notary Office after deducting the debts under that notary’s responsibility. The heir can become a notary partner of the Notary Office if he is a notary and is approved by the remaining notaries.”

Thus, a notary partner cannot become a partner of another notary office unless it is agreed by the remaining notaries (the notary office has at least 2 notaries). And the notary office receiving this partner must also ensure the reception of this partner. must be approved by the remaining partnership notaries.