How the private notary system works in Georgia: what foreigners need to know

Georgia has a private notary system, whereby notaries work not as civil servants but as licensed private professionals. Their activities are strictly controlled by the Ministry of Justice, and all key actions are recorded in centralized electronic registers.

For foreigners, including expats, investors, and property owners (which is especially relevant for Batumi and its suburbs, where you work with property rental and management), notary services are available on the same basis as for Georgian citizens.

1. Accessibility of notary services for foreigners

Georgian legislation does not restrict non‐residents’ access to notary services.

Foreign citizens can execute:

• powers of attorney (including for registering an individual entrepreneur or company);
• real estate transactions;
• wills;
• marriage contracts;
• opening inheritance cases;
• consents, statements, and other legally significant documents.

This is especially important when:

• remotely buying or selling real estate;
• transferring powers to manage property;
• registering a lease with subsequent debt collection;
• investment transactions.

2. Little‐known but useful notarial instruments

Notary’s writ of execution

Allows you to collect debts without going to court.

For example:

• under a lease agreement;
• under a loan agreement;
• under other obligations, if provided for in the text of the agreement.

Instead of going to court, you can go straight to the bailiffs based on the notary’s enforcement order.

This really speeds up the process of collecting debts from tenants or contractors.

For companies that rent out property long‐term, this is one of the key tools for reducing risk.

Notary deposit

This is a mechanism for secure settlements on transactions—similar to:

• a bank safe deposit box;
• a letter of credit;
• an escrow account.

The buyer deposits money with the notary, and the seller receives it only after the terms of the transaction have been fulfilled (for example, registration of ownership).

Used for:

• real estate purchase and sale;
• corporate transactions;
• transfer of shares;
• settlements between parties without trust.

3. Language barrier: mandatory interpreter

If you do not speak Georgian, the participation of an interpreter is mandatory.

It is important to understand that:

• the notary certifies the interpreter’s signature,
• but does not check the accuracy of the translation if he or she does not speak the language of the document.

Georgia does not have a system of sworn translators in the classic European sense.

This means that responsibility for:

• the correctness of legal wording;
• conformity with the original;
• the absence of ambiguities

lies with the translator you choose.

Translation errors can have legal consequences, especially in powers of attorney, sales contracts, or corporate documents.

4. Public register of notarial acts

All notarial actions are recorded in the Unified Electronic Register, but with one important nuance:

The following are recorded:

• notarial acts (contracts, powers of attorney, wills);
• the content of the document;
• the details of the parties.

The notary is responsible for the text of the document, and the act itself is stored in the database and can be restored.

The following are not recorded:

• documents where only the authenticity of the signature is certified.

In this case:

• the fact of the visit is reflected in the register;
• the content of the document is not checked;
• the text is not saved.

These are fundamentally different legal actions with different consequences.

5. Scope of competence: notary ≠ lawyer

Notary:

• verifies the identity of the parties;
• their legal capacity;
• compliance of the document with the established form;
• compliance with the procedure.

However:

• does not analyze the commercial risks of the transaction;
• does not adapt documents to the requirements of another jurisdiction;
• does not protect the interests of either party.

He is obliged to remain neutral.

A lawyer, on the other hand:

• verifies the terms of the transaction;
• assesses legal and financial risks;
• develops the structure of the contract;
• adapts powers of attorney and agreements for use outside Georgia.

In practice, this is especially important in:

• international transactions;
• real estate management through trusted representatives;
• preparing documents for use abroad.

When should you seek assistance?

If you:

• are drawing up a power of attorney for use in another country;
• are renting out real estate and want to provide for a debt collection mechanism;
• are conducting a transaction with payments through a notary’s deposit;
• are signing a contract in a foreign language;

— a preliminary legal review of the documents will help you avoid mistakes that the notary is not required to identify.

Our team will be happy to help you prepare documents, accompany you to the notary, and arrange for accurate translation.