The Notary Public and His Role in The Prevention and Fight Against Money Laundering
Abstract
Starting from the apparently contradictory position of the notary public as professional belonging to a liberal legal profession and the qualification that art. 10 from Law no. 656/2002[1] expressly sets out, the intention of this article is to present the arguments of both the supporters of the idea that the two positions are contradictory, as well as certain theories and elements of the laws in the matter that accept the coexistence of the two statutes. By developing and analysing the role and purpose of the professional secret, the relation between the law professional and the customer and their limitations under certain conditions, this material attempts to find the converging point of the two currents and to propose conclusions that would clarify certain controversial aspects regarding the role of the notary public in the prevention and fight against money laundering.
References
[2] D. V. Mănescu, Preface to the Documentary. Notarial normative acts in the period 1874-1975. Notarom , Bucharest: Publishing House. 2006. p. 3, apud C. Mihailovici, Notary Public. A profession’s destiny, Notarom: Publishing House, 2015. p. 7
[3] Art. 77 par. 1) of Law no. 36/1995 “all notarial acts are fulfilled upon request”;
[4] Law no. 36/1995 of the notary public and of the notarial activity
[5] I. Al. Toader. Notary Public’s Legal Liability in the National and European Context-Abstract” „Titu Maiorescu” University of Bucharest, Faculty of Law.
[6] The law that transforms the notary public into a notary public, laying the foundations of the notary professional organization but also the status of the notary public.
[7] Art. 12 of Law no. 36/1995
[8] The Official Gazette of Romania, Part I, no. 930 from 16 December 2015, the publishing of the Decision of the National Congress of the Romanian Notaries Public no. 9/2015 for the approval of the Deontological code of the Romanian Notaries Public;
[9] www.notar-expert.ro.
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