Ending the Exclusive Competences of the Notary in the Federation of Bosnia and Herzegovina

Ending the Exclusive Competences of the Notary in the Federation of Bosnia and Herzegovina

The Constitutional Court of the Federation of Bosnia and Herzegovina (“the Court”) has ruled that certain provisions of the five local laws are contrary to the Constitution of the Federation of Bosnia and Herzegovina.

The critical provisions have exclusively authorised notaries in the Federation of Bosnia and Herzegovina to regulate certain private law relations, such as the establishment of companies, purchase of real estates, establishing a mortgage, inheritance contract, prenuptial agreement. The Court is of the opinion that these legal actions should not be the exclusive competence of the notaries, which means that other qualified individuals (including lawyers) may perform them.

The Constitutional Court of the Federation of Bosnia and Herzegovina (“the Court”) has ruled that certain provisions of the five local laws are contrary to the Constitution of the Federation of Bosnia and Herzegovina.

The critical provisions have exclusively authorised notaries in the Federation of Bosnia and Herzegovina to regulate certain private law relations, such as the establishment of companies, purchase of real estates, establishing a mortgage, inheritance contract, prenuptial agreement. The Court is of the opinion that these legal actions should not be the exclusive competence of the notaries, which means that other qualified individuals (including lawyers) may perform them.