In many situations, for an affidavit to be legally valid, the law requires it to be signed in authentic form, before a notary public. Such an affidavit is, for example, the disclaimer of succession for which the Civil Code requires that it be made before a notary public.
Moreover, numerous regulations (special laws, internal regulations of various institutions, Minister Orders, etc.) require an affidavit to be made before a notary public.
Please find below some of the most common types of affidavits made before a notary.
- Authenticated affidavit of cancellation of mortgage from the land register
- Affidavit for registering a tenant/resident
- Affidavit for waiving the right of lifetime usufruct
- Affidavit on the neighbours’ consent for building
Notarial deeds-related affidavits
- Affidavit of revocation of a power of attorney
- Affidavit of identity
- Affidavit of an administrator/shareholder setting up a company with the Trade Register
- Affidavit on the compliance with the conditions regarding the registered office
Succession and/or inheritance-related affidavits
- Affidavit for accepting the succession
- Affidavit for disclaiming the succession/inheritance
- Affidavit for withdrawing the disclaimer of inheritance
- Affidavit for acknowledgement of paternity of the child
- Affidavit for parental consent for a minor to go abroad
- Affidavit of the spouses concerning the last joint residence in case of a notarial divorce
Authenticated affidavit of cancellation of mortgage from the land register
At the end of a mortgage loan, the bank in whose favour the legal mortgage right on the property provided as collateral was established will issue an authenticated affidavit of cancellation of the mortgage, which the notary will communicate to the land registry (Cadastre and Land Registration Office – Land Register Office).
Based on this authentic declaration, the competent Cadastre and Land Registration Office – Land Register Office will issue a certificate ordering the cancellation of the encumbrances from the land register for the property in question.
List of required documents
- The property deed of the mortgaged property;
- The mortgage contract;
- The land register excerpt for information purposes;
- The certificate of the registration in the Land Register;
- The bank’s letter proving the full payment of the mortgage loan and its agreement regarding the cancellation of the encumbrances from the land register for the property.
Affidavit for registering a tenant/resident
The affidavit for registering a tenant/resident is the notarial deed by which a person (the host) agrees to grant accommodation to another person.
This affidavit is one of the documents that can be used to make proof of the address of residence before the competent authorities (the police), for the change of residence in the identity card or to apply for a temporary residence visa and is provided for in Article 28 of GEO No. 97/2005 on the records, domicile, residence and identity documents of Romanian citizens.
Where proof of residence is provided through an affidavit, it will be accompanied by the property deed or a document issued by the local public administration authority certifying that the applicant or, where applicable, their host is registered in the Agricultural Register with a property used as a dwelling.
List of required documents
- The owner’s identity card, in original copy;
- The copy of the identity card of the person to be registered as a tenant/resident;
- The host’s property title, in original copy (contract of sale, donation, final court decision, lease, commodatum, etc.);
- If there is one, the certificate of the registration in the Land Register.
Affidavit for waiving the right of lifetime usufruct
The beneficiary of the right of usufruct (usufructuary) may at any time waive their right by notarial authentic affidavit under Art. 746 para. 1 letter d) of the Civil Code. This waiver benefits the bare owner, who thus extends the prerogatives of ownership earlier than expected.
List of required documents
- The identity card of the usufructuary;
- The property deed (contract of sale, donation, etc.) or, where applicable, the deed by which the right of usufruct was established;
- The certificate for the registration of the right of usufruct in the land register, issued by the competent CLRO- LRO (Cadastre and Land Registration Office – Land Register Office);
- The tax certificate issued by the competent revenue office;
- The land register excerpt for information purposes (to be obtained through the notary’s office).
Affidavit on the neighbours’ consent for building
The affidavit regarding the neighbours’ consent for building or for the change of use of a building (apartment, house, etc.) is a notarial deed required for the issue of a building permit by the municipality in certain cases provided for by law or, where applicable, by the town planning regulations.
In order to be used at the town hall, the affidavit must be authenticated by a notary and, as a rule, must not be older than 6 months – a deadline established by the town hall’s internal rules.
Only the owner or, as the case may be, the co-owners whose consent is required for the building can make this affidavit before the notary public.
List of required documents
- The identity card of the consenting neighbour;
- The identity card of the person in favour of whom the affidavit is made;
- Property deed*.
*The property deed may be, as applicable: sale-purchase contract, donation, handing over-receipt protocol, final and irrevocable civil judgment/decision, title deed, certificate of inheritance, etc.) The notary’s office will not retain original documents, but only copies of the documents on the basis of which the affidavit is made. Copies of the documents will be kept in the archives of the office, in the file of the deed.
Affidavit of revocation of a power of attorney
The person who has made a general or special power of attorney (the principal) may revoke such power of attorney at any time by means of a notarial statement of revocation of the power of attorney as per Article 2031 para. 1 of the New Civil Code.
The affidavit of revocation of the power of attorney can be given at any notary public in Romania or, if the principal is abroad, at the Consulate of Romania in the country where they are.
The notary public will request the registration of the affidavit of revocation of any notarial power of attorney in the National Notarial Register of Powers of Attorney and Revocations (RNNEPR – Registrul Naţional Notarial de Evidenţă a Procurilor şi Revocărilor acestora). RNNEPR is a register administered by the National Union of Notaries Public of Romania, in which powers of attorney/mandates given for the purpose of concluding deeds and carrying out notarial procedures, as well as deeds of revocation thereof, are registered.
Documents required for the affidavit of revocation of a power of attorney:
- The identity card of the party who made the power of attorney;
- The power of attorney (principal/proxy), in original copy.
Affidavit of identity
The affidavit of identity is the notarial deed by which a person declares, under the penalty provided for by the criminal law for false statements (Article 292 of the Criminal Code), as applicable:
- A name by which a person is known in the community;
- That the person concerned is one and the same as the person whose name was wrongly or incompletely entered (e.g. omission of a first name) in some personal documents or papers (birth certificate, marriage certificate, title deed, etc.);
- Other factual situations that may be common knowledge in a community (the year of the death of a person, etc.).
Conditions to be met:
- This declaration will be given by at least two persons who are acquaintances of the person concerned;
- The presence of the person to whom the affidavit refers to is not required. The persons who identify themselves at the notary’s office are only those who will actually make the affidavit of identity.