Visit to a Notary


“A notary is an individual authorized by the state that gives legal effect to undisputed individual rights of natural and legal persons and legal facts, ensures the protection of lawful interests of such persons and the state.”

“Notaras yra valstybes įgaliotas asmuo, įvertinantis neginčijamas fiziniu ir juridiniu asmenų subjektines teises ir juridinius faktus bei užtikrinantis šių asmenų ir valstybes teisėtų interesų apsaugą”
Lietuvos Respublikos notariato įstatymo 2 straipsnis

In America the responsibilities of a notary vastly differ from the responsibilities of a notary in Lithuania (and most of Europe). While in America a notary is nothing more than a “free stamp” a person can receive from their local bank or attorney’s office, notaries in Lithuania do much more than just approve a person’s signature. A notary in Europe is a highly skilled profession which not only entails verifying signatures, but also checks the legitimacy of documents, prepares needed paperwork for registration and other services, and serves as the intermediary for legal transactions. Notaries are compensated by the individual seeking the services. They are state mandated but receive no state funding. In some transactions, a flat rate is paid for the services, and in other cases- a percentage of the value (Ex. Property) is taken.

Because the registration process that I am learning about within the Ministry of Justice inevitably uses the services of notaries, my director thought that it would be a valuable experience to meet with a notary in Vilnius and see first hand their involvement in this process. One afternoon last week, my director Klaidas Navickas and I walked to a neighboring notary office for this up-close look. A few steps past our Ministry of Justice and atop a hill (with panoramic views of the city) we entered a newly constructed office of Notary Snieguole Navickaite. Although my director and the notary have the same last name Klaidas joked that they are not officially related, adding “Navickas” is like a Lithuanian version of “Smith”. Both Klaidas and Snieguole graduated from Vilnius University with degrees in Law, and have kept in touch ever since. Any legal matters Klaidas has he brings to her.

Having entered the Notary office, we were greeted by a receptionist at the front desk, walking further to a common meeting room with a formal dining room and television, and finally to the sophisticated minimalistic office where Snieguole sat waiting for us. As common European etiquette my director pulled a bottle of sparkling wine from his bag, and a box of chocolate truffles placing them on the dining room style table thanking Snieguole for taking time to meet with us. Informal introductions began and once Snieguole and I were better acquainted, she began to show how she prepares and affirms documents. As one would expect, all notaries use a central electronic database to input information and while paper copies must still be sent and given to clients, the grunt of the work is done through a computerized system uniform to every notary in Lithuania. Snieguole described that she primarily prepared documents for the buying and selling of property – a process which I associated with the work of a Broker in the United States. Once the documents are prepared all parties are given a copy of the material, a copy is saved and archived by the notary, and a copy is brought (usually by the client) to the Rėgistrų Centras where it is registered in the national roster.

Serving as a “Broker” is only one aspect of the Notary’s jobs. Snieguole described the process of preparing and registering Final Testaments, and how ultimately it is the Notary who keeps the sealed Will---only releasing it upon a person’s death or upon the wishes of the writer. Snieguole said that while some people like to write the Will in her presence, others simply give her a sealed envelope which she notarizes, and laughs that “for all I know people are putting in pictures of their cats and giving them to me!.” Although it is optional to have a Notary look over the Testament, Snieguole cautioned that if a professional does not look it over, many problems with ownership and debt may arise when the time comes to inherit the goods/property. She then said that once a Final Testament is set, she informs the Hipotekas Registras “Central Mortgage Office” (the place with the misleading name that also registers wills) that she has in her possession that particular testament.

Also, in talking Snieguole, she voiced her memories of the cumbersome beginnings for notaries in Lithuania after Independence. Uniformity and order have come over time, and tools such as computers and internet speed up the process of verifying the authenticity of documents. Unlike the United States, Lithuania as a country has a more skeptical mentality. Where in most cases people would not think twice about the authenticity of a document or signature in the United States, I feel that business transactions and even innocent daily activities are done with caution. Former Minister of Justice Vytautuas Pakalniskis once said to me “You Americans believe in the good in people, us Lithuanians are skeptical about everything”. Of course in light of that happened with the financial scandals in US (i.e Bernie Madoff) I believe Americans will too naturally highten their skepticism, yet to contastantly live in a world of skepticism where any piece of paper brings the sent of skepticism is also not good. Safeguards essentially complicate the system, but perhaps allow Lithuanians a piece of mind.

All in all it was interesting meeting with Notary Snieguole Navickaite. Because the role of a notary is practically non-existent in America (even Jennifer Lopez is said to have the License to stamp), it was important for me to know how large their role in a society is. In learning more about this European system therefore, I understand a different approach to achieving the same order. Where attorneys and brokers take care of property and legal matters for example, a notary is responsible for the same duties.

2 comments:

  1. I found a notary that very available even of weekends and at night. They are in great service.
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