Notarial Services Outside of Israel
Notarial services outside of Israel – Is it possible to use the services of a notary in Israel when you are abroad?
Many Israeli citizens abroad require notarial services. For example, an Israeli citizen abroad who owns property in Israel may sign a will before an Israeli notary (although he will have to make sure that this will is valid under the law of the foreign country in which he resides).
A person abroad who is interested in selling property in Israel may grant a power of attorney to someone in Israel for the purpose of promoting legal action, by signing a power of attorney while abroad before an Israeli notary.
The Notaries Law, 5736-1976 does not prevent Israeli notaries from providing services abroad, as long as the services given are related to Israel, such as signing a power of attorney regarding real estate in Israel, or any other notarial service to an Israeli citizen.
Decisions of the Ministry of Justice Regarding Notarial Services Outside of Israel:
On March 8, 2011, the Ministry of Justice held a meeting to discuss the legality of providing notary services outside of Israel. It was decided that the law must be interpreted to mean that notaries may provide services outside of Israel (subject to legal restrictions that may exist in the foreign country).
However, no decision was made regarding the verfication of signatures or affidavits outside of Israel. It is doubtful whether a warning by an attorney / notary made outside the territory where Israeli law applies is valid.
In addition, any relevant public authority in Israel may establish it’s own internal policy regarding the means of authenticating a document drafted outside Israel.
Case Law Precedents Regarding Notarial Services Outside of Israel:
In civil appeal case 3714/16 Yazid Rabhi Tina v. Samir Parvaji, the Supreme Court of Israel, sitting as a court of civil appeals, ruled regarding notarial actions performed outside of Israel, as follows:
“We accept the Attorney General’s position that there is no impediment under Israeli law that Israeli notaries will authenticate and approve legal actions performed outside the territory to which Israeli law applies, in respect to actions related to Israel, provided that the action is completed at the notary’s office in Israel under Regulation 26(b) of the Notary Regulations, 5737-1977.”
In other words, Israeli notaries can authenticate and approve legal actions performed outside of Israel if these actions are related to Israel. The main condition is that the action be completed at the notary’s office in Israel.
Conclusions of the Ministry of Justice Regarding Notarial Services Outside of Israel:
Following the Ministry’s decisions from March 8, 2011, Israeli notaries may provide services at a client’s home outside of Israel, as long as the following is true:
- the foreign state in which the service is given does not prohibit by law the notarial act or the creation of the document at question;
- the notarized certificate complies with the legal standards required by Israeli law;
- the notarial document is valid with respect to any other relevant law related to the notarial act performed;
- the relevant legal action is related to Israel, and the act is completed at the notary’s office in accordance with Regulation 26(b) of the Notary Regulations.
Summary – Contact an Israeli Notary:
There are situations in which a person staying outside of Israel needs to notarize a document, or needs some other notarial service, but has difficulty authenticating his document in other ways (such as authenticating the document before the Israeli Embassy, or apostilization). In such cases, an Israeli notary may provide the notarial service outside of Israel, subject to the explanations given in this article.
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:מאמרים מומלצים
