What to Do If a Notary Refuses to Perform a Notarial Act

What to Do If a Notary Refuses to Perform a Notarial Act

A notary's refusal is not the end of the road. Under the legislation of the Republic of Uzbekistan, a notary is obliged to perform a notarial act when it does not conflict with the law and all required conditions are met. Where those conditions are not satisfied — or where the act itself would be unlawful — the notary is both entitled and required to refuse. The critical point is this: any refusal must be substantiated, and clients have a clearly defined procedure available to protect their rights.

Key Points

• A refusal must be in writing. A verbal refusal carries no legal weight. You are entitled to demand a written formal decision stating the grounds for refusal.
• Timeframe for issuing the written refusal decision — within a set number of working days from the date of your application (confirm the current timeframe with the notary at the time of your visit).
• A refusal can be appealed through the courts.
• Not every refusal signals a violation. In many cases, simply providing a missing document or correcting an error resolves the matter without any need for a formal appeal.

Lawful Grounds for Refusal

In my practice, I regularly see clients upset by a refusal they do not fully understand. Yet the underlying reasons are often entirely fixable. Common lawful grounds include:

If the reason is fixable, the simplest course is to remedy the issue and return. I always recommend asking the notary directly what specifically needs to be corrected or supplemented.

How to Obtain a Written Refusal

If the notary refuses verbally and does not offer a formal written decision, you are entitled to submit a written request asking that the refusal be properly documented. The written refusal decision must include:

• the ground for refusal with a reference to the relevant legal provision;
• an explanation of the appeals procedure;
• the date and the notary's signature.

Without this document, challenging the refusal becomes considerably more difficult.

Procedure for Appealing a Notary's Refusal

Appeals against a notary's refusal in Uzbekistan are handled through the courts. The general process is as follows:

• Obtain the written refusal decision — this is your starting point.
• Analyse the grounds. If the reason is remediable, correcting the situation is the simpler path. If not, prepare for court proceedings.
• File a claim with the district court at the location of the notary's office. Your statement of claim should set out the background to your application, the reasons why you consider the refusal unlawful, and must be accompanied by the written refusal decision.
• Attend the court hearing. The court will assess whether the refusal was justified and will issue a ruling — either ordering the notary to perform the act or confirming the refusal was lawful.

For the exact deadlines for filing a complaint and the applicable court filing fee, please consult a lawyer or the court directly at the time of your application, as these details are subject to periodic revision.

Documents to Bring When Appealing

• Written refusal decision issued by the notary
• Passport or other valid identity document
• Documents you originally submitted to the notary
• Receipt confirming payment of the court filing fee
• Statement of claim (two copies)

Frequently Asked Questions

Can a notary refuse without giving reasons?

No. A refusal must be reasoned and issued in writing. A verbal refusal without explanation is a breach of proper notarial procedure.

Can I approach a different notary after a refusal?

Yes — if the refusal relates to remediable deficiencies or reflects the particular approach of that specific notary. However, if the reason is objective in nature, another notary will in all likelihood refuse on the same grounds.

How long does a court appeal take?

Timelines depend on the court's caseload and the complexity of the matter — broadly, anywhere from several weeks to several months. A more precise estimate is only possible after reviewing the specifics of your situation.

What if the notary refused verbally and refuses to issue a written decision?

Submit a written request asking for the formal refusal decision to be issued. If the notary continues to avoid doing so, that in itself constitutes a breach — and you may cite it in a complaint to the Ministry of Justice or raise it before the court.

Is going to court always the right move?

Not necessarily. In practice, the majority of situations are resolved by remedying the deficiency and reapplying. Court proceedings are a last resort — appropriate when you are confident the refusal was unlawful and are prepared to pursue your position.

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*This article is intended for general informational purposes only and does not constitute individual notarial or legal advice in relation to your specific circumstances.*

Get in Touch

If you have received a notary's refusal, or wish to verify that your documents are properly prepared before your visit, I welcome you to my notarial office in the Yunusabad district of Tashkent. Together we can review your situation and identify the most practical way forward.