HOW THE CENTRAL AUTHORITY WORKS IN THE COUNTRY OF GEORGIA

This article will provide guidance on how the central authority works in the country of Georgia.  On 1 January 2022, the Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (Service Convention) entered into force for Georgia following the deposit of its instrument of accession on 31 May 2001. Click here for a video on International Process Service.

Georgia’s political system is characterized by a multi-party system based on parliamentary representative democracy. In Georgia, the Prime Minister is the head of government, while the President is the ceremonial head of state. Executive authority is held by the Prime Minister and the Government. The authority to legislate in Georgia rests with the executive branch and the unicameral parliament. Click Here for Frequently Asked Questions About Process Servers!

With the exception of South Ossetia, the autonomous territories of Abkhazia and Adjara, and the greatly centralized Georgian state, all other areas are decentralized. During the Soviet administration, Abkhazia and South Ossetia were autonomous within the Georgian SSR. However, in the 1990s, they independently seceded from Georgia. While Abkhazia is officially recognized as an independent region inside Georgia by the Georgian government as of 2016, South Ossetia does not enjoy such recognition. Consequently, service of process can depend from location to location. It is preferable to involve a private process service agency like Undisputed Legal, as we pride ourselves on our professionalism regardless of where we are. If you found this article helpful, kindly consider leaving us a review. Click the link to share your feedback, and we would greatly appreciate a five-star review.

What is the central authority’s Responsibilities in the country of georgia

In the first instance, the competent court is entrusted with the execution of incoming requests for service by the Central Authority. In order to be served within the jurisdiction of Georgia, any documents must be in the country’s official language (Georgian) or include a duly certified translation into Georgian in accordance with the legislation of the requesting jurisdiction. Georgia is not obligated to reimburse any expenses.

Georgia expressed dissent towards the method of document service under Article 10 of the Convention. The country has objected to foreign diplomatic or consular agents serving judicial documents directly on persons within its territory unless the documents are to be served upon a citizen of the state from which they originate. This means that service upon the Central Authority in Georgia ultimately can only go through the Central Authority in the country. Georgia’s service of process requirements can be considered more stringent than many other countries insofar as service falls even more under the purview of the receiving state.

It is important to ensure that service is done in accordance with the Hague Service Convention in Georgia. Timelines for service of the foreign processes usually are longer, and under Article 16 of the Hague Convention,  Georgia affirms that a petition for redress outlined in Article 16 of the Convention shall not be granted if it is submitted subsequent to the five-year period that has elapsed since the judgment was rendered. The country’s laws of limitations can be seen to be formidable. It is preferable to involve the services of a private process service agency like Undisputed Legal to ensure that your papers are served according to the country’s rules and regulations. Click Here for information on the Code of Civil Procedure in the Country of Georgia.

process Service of summons in Georgia

A party or their agent is notified of the date and place of a hearing or procedural action via a court summons. If a party or their representative has been served or upon a fair mechanism, the summons is deemed to be served. Subpoenas issued by the courts compel the attendance of specialists, experts, interpreters, and witnesses.

Of course, clients can agree on a different method of serving judicial summonses. It should be known that it will be done at the addressee’s principal address (factual location), alternative address, workplace, and any other addresses known to the courts. Incorrect information on the plaintiff or defendant may cause the court to dismiss the case without a trial. This is why involving a private process service agency like Undisputed Legal can help prevent your papers from being returned. 

The court summons, and claim form will be sent to the defendant by the judge. When the defendant’s written statement is presented in court with the judicial summons, the judge will send the plaintiff a copy. Before or after the summons, the parties have the option to get copies of any written materials presented to the court.

Alternative forms of process service in Georgia

If summons cannot be served personally, both parties have to agree on an alternate service mechanism, such as mail or court courier or one of the technical techniques indicated in Article 70(3) of Georgia’s Code, to transmit judicial summonses. The court has complete discretion over the kind of notification and the order in which judicial summonses are sent. As an illustration, a certificate for telephone service confirmed by technical means is required in Georgia. For electronic service, an affidavit by means of a technical service certificate and/or confirmation sent via email or fax is required.  A telegraph summons must be accompanied by a notice of receipt to establish a judicial summons service.

The individual tasked with delivering the judicial summons is obligated to return the second signed copy to the court. The court hearing the case has the authority to have the summons served on the other court if the person served lives in a different municipality (district, city) and cannot be reached within the applicable time limit. The court hearing the case has the option to either electronically notify the court or send the judicial summons to it. The court-appointed agent will prepare and send it to the ordering court to serve the summons. It is preferable to involve the services of a private process service agency, like Undisputed Legal. Our local process servers can help give you a hand with any form of service. It should be known that the court that served the summons shall notify the court that issued the order of delivery, the reasons for the court’s rejection or failure to receive the document, and any other relevant information on the document’s submission.

Specifics of judicial summons in Georgia

The court may use the Georgian international agreements to serve a judicial summons on a defendant abroad. According to Georgia’s international agreement, the court must send the summons via the Central Authority.

Judgmental summonses must be delivered personally to citizens, not by mail or courier. A properly authorized individual, like the servers at Undisputed Legal, is directed to deliver court summonses directed to a person. The parties may agree on an alternate method of serving court summonses on a person or entity. To confirm delivery, the recipient must sign the second copy of the summons, as stated in this paragraph.

If the person delivering the judicial summons is unable to meet the addressee at the specified location, they are obligated to surrender it to either a legally competent relative residing with the addressee or the administration of the workplace unless they themselves are opposing parties in the hearing. Both copies of the court summons must contain the receiver’s name and surname as well as their relationship to the addressee and position. It is imperative that the court summons the recipient to ensure its fast delivery to the addressee. A second copy of the court summons, with the addressee’s signature, will serve as proof of service.

If a party’s whereabouts are uncertain or judicial summonses cannot be served in any other way, the court may decide to order publication. If an interested party requests it, the court may publish the notice in a newspaper widely read in the party’s administrative-territorial unit or use other media. The notice must be prominently displayed in the court building or on the court’s website.  Undisputed Legal has had significant experience serving papers across the world. We can ensure that your papers adhere to the specific form of service within even the strictest of deadlines. 

Understanding the role of the Ministry of Justice in Georgia

The Georgian Ministry of Justice, an executive branch, promotes democracy, the rule of law, and public interest. The ministry also develops and improves national law to international standards and focuses on lawmaking, revision, and education.

The Ministry of Justice makes legislation and ensures they meet international legal standards. The Georgian Parliament, Chancellery, other relevant ministries, state and municipal agencies, international organizations, and foreign and international organizations are working with the Ministry of Justice on this topic. Our Undisputed Legal private process services interact closely with the Ministry of Justice and other authorities in Georgia, and we ensure that your papers are carefully taken care of at all times. 

The Analytical Department researches worldwide norms and practices, learns from other nations, and suggests major legal changes. The Analytical Department occasionally creates strategic legislative measures and plans legislative and sub-legislative normative acts alone. By doing so, the Analytical Department ensures development in labor law, democratic governance, anti-corruption reform, freedom of information, juvenile justice, and criminal justice.

The Department of Public International Law ensures Georgia’s legislation complies with international treaties and bodies. The Department also issues legal opinions on international treaties’ compliance with Georgian law and the legal consequences of their mandatory recognition, suspension, or termination. The Press and Public Relations Department implements Ministry aims. These programs enhance legal literacy, foster decision-making, and inform the public about the agency’s main activities. The Department of State Representation in International Courts represents Georgia in ongoing litigation. This involves implementing international court rulings, strengthening Georgia’s human rights protections, and assuring State participation in the European Court of Human Rights and UNHRTB.

The Ministry of Justice represents the State in local and international courts and arbitration tribunals The Minister of Justice established the Private Law Reform Implementation Advisory Council on April 23, 2013. The Council includes the Ministry of Justice, academia, lawyers, NGOs, and corporations. The Council’s purpose is to improve and clarify private law statutes, protect private law subjects’ rights, propose and advise on private law matters, draft appropriate legal acts, and coordinate the efforts of all stakeholders in private law reform.

The Ministry of Justice ensures consumers may access services swiftly and easily. To improve customer service and information, the Public Service Hall and Community Centre, consolidating access, the Min various institutions into one place.

The State Services Development Agency provides civil act registration (birth, death, marriage, divorce, adoption, paternity determination, name change, etc.), identification card and residence permit issuance, passport and travel document processing (including for refugees and non-citizens), and migration and citizenship examination. In 2009, the agency took over the Department of Private International Law’s Legalisation and Apostil Division’s tasks.

The LEPL Data Exchange Agency of the Ministry of Justice focuses on e-governance. The Agency prepares data exchange and implements information security rules.

What are the duties of the Central Authority?

In public and private international law, a Central Authority is an institution or organization appointed to facilitate the implementation and operation of an international treaty.

When most treaties were drafted, two agencies would be designated to send and receive treaty petitions and applications with their respective foreign state agencies. This practice persisted until the 1965 Hague Evidence Convention and the 1970 Hague Service Convention. Both the 1965 and 1970 conventions unified these functions into one overarching body. In order to facilitate two-way communication between domestic courts, administrative agencies, and foreign Central Authorities, future conventions like the Hague Abduction Convention mandated that each country’s Central Authority handle such matters. In addition to establishing Central Authorities that allowed for two-way communications, the Abduction Convention imposed a plethora of additional duties on these newly formed authorities, including the need to take all actions to achieve the treaty’s objectives and collaborate with other Central Authorities to achieve the same. All of these additional responsibilities highlighted the importance of the state parties working together internationally to accomplish the goals of the Convention.

Central Authorities play a crucial role in transnational criminal law by receiving and processing petitions for extradition and mutual legal aid from other nations.. Without this institutional framework, states are often unable to provide assistance, making it difficult for them to combat transnational criminal groups and terrorist organizations.  For the Hague Service Convention, despite the substance of the Convention itself being fundamentally civil, a Central Authority acts as a conduit to keep track of international service attempts. Undisputed Legal maintains a good working relationship with the Central Authorities of the Hague Service Convention. We ensure that your papers go through the right channels so that the likelihood of your case being struck down for improper service of process is minimized. 

Is US power of attorney valid in Georgia?

A power of attorney allows one or more people to assign authority to another, and the Embassy can properly create and validate the document. Stating the will in front of a responsible consular officer is crucial to creating a notarial deed. The principal may amend or revoke power of attorney at any time. Notarial verification applies to the power of attorney revocation papers’ signatures.

It is imperative to keep an appointment with the Georgian Embassy to execute a power of attorney. The Embassy of Georgia requires [A.] a copy of an official passport or ID card; [B.] a  USD10 Georgian Embassy cheque; and [C.] that the grantor and grantee must be Georgians with valid passports or ID cards to execute a power of attorney. A power of attorney enables a person or corporation to designate someone to act on their behalf in certain situations. Our Georgia process servers can help serve legal procedures for you or your legal representative if you are not within the country. This usually occurs because the individual or organization is not in the nation when the case has to be concluded. Our local process servers at Undisputed Legal are diligent, and we can ensure that your papers are carefully served, even if you are halfway across the world. 

Who signs a power of attorney? 

Georgia allows organizations and individuals to issue powers of attorney. Anybody may sign a power of attorney. Georgia power of attorney documents must contain main identify information, donor and legal representative names, addresses, and contact information.

When the donor’s legal agent represents them, then the notary’s signature and stamp. Power of attorney paperwork from outside Georgia needs an apostille.  Powers of attorney are only issued under specified situations under Georgia Civil Law. The main requirement is that the principal and agent be 18 years old. For the document to be lawful, the grantor must be mentally competent. Both parties must produce proper identification (or a passport for a foreign citizen) to execute the power of attorney. A notary public must witness a power of attorney’s execution in Georgia before it may be acknowledged. Two witnesses must be present to confirm the document’s development. 

After these conditions are met, the Georgia Notary Chamber’s Electronic Register will register the power of attorney. Power of attorney rules the Georgia Civil Code, which provides that the power of attorney recipient must see donor identity documents, the total cognitive abilities, and age is 18 or older. Georgia requires two witnesses for power of attorney. Powers of attorney may be signed without expiry dates.  Georgia’s few online notary providers can authenticate a power of attorney (POA). According to the Georgia National Chamber, online notary services allow anybody to receive a power of attorney.  

The general power of attorney is often used in Georgia for many purposes. The representative may act on behalf of the grantor in the case of incapacity as given by the durable power of attorney. A temporary power of attorney for real estate transactions; a permanent power of attorney for incapacity or death. 

Signing a special power of attorney in Georgia is required for a specific legal issue. Any party may provide a general power of attorney to a body, granting it the ability to represent another in a wide range of legal processes. At Undisputed Legal, we can ensure that your power of attorney complies with international service requirements so that even if you are not in the country, the powers of attorney can still be effected.  

Georgian lawyers can help individuals establishing a company in Georgia register the business form with the local tax authorities and request any special permits or licenses for various business activities.  Special powers of attorney can cover rare situations beyond the donor’s incapacity. A power of attorney may also take effect immediately upon signing.

Is a US notary valid in Georgia?

Public commissions to act as notaries are bestowed by the supervisory court clerk. Notaries are eligible to have their commissions renewed up to the conclusion of their current term, which is four years.

Make an application for the position of notary public with the county’s clerk of superior court. In Georgia, there is an exception for residents of bordering states. Examine the Frequently Asked Questions about Notary Publics.. The legislation mandates that all application details be made public (§45-17-2). 

Being a notary public without an active commission is against the law. A notary public cannot claim any authority, status, privilege, or benefit that has not been expressly conferred to them by law.

Notarial acts may only be authenticated by a notary’s seal. Must be on the seal: ‘Notary Public,’ the notary’s name, the county where the appointment was made, and the state. If a notary’s official seal is stolen or lost, they have ten days to write a notice to the GSA and the appointing clerk of the superior court. When a notary’s term ends without renewal, they are required to destroy their seals.

A notarial certificate with an embossed design is acceptable, however any stamp would suffice. A notary will get a duplicate Certificate of Appointment to provide to vendors that provide notary seals. Deliver a duplicate to a vendor in order to get a notary seal. The notarial certification must be signed by a notary public using the same ink as the name on the commission, along with the exact date of the act. There is no need for the notarial act date when attesting documents such as real estate deeds.

It costs USD 2.00 for each notary act. A certificate of notary commission effectiveness from the Clerk of the Superior Court may be obtained for $USD.00 from the notary upon request.  It is necessary to fill out any paperwork needed to begin service in Georgia. Depending on the rules of the receiving nation, these documents may need to be validated, legalized, or notarized. International service of papers is often long and time-consuming. However, it does not have to be. Just visit us at Undisputed Legal, and we can serve your papers.

OUR PROCESS

Documents can be faxed at (800)-296-0115, emailed to ps@undisputedlegal.com, mailed to 590 Madison Avenue, 21 Floor, New York, New York 10022, or dropped off at any of our locations. We do require pre-payment and accept all major credit and debit cards. Once payment is processed, your sales receipt is immediately emailed for your records. 

Drop-offs must call and make an appointment first to be added to building security to permit access to our office. Documents for service must be in a sealed envelope with payment in the form of a money order or attorney check (WE DO NOT ACCEPT CASH) payable to UNDISPUTED LEGAL INC.; Our receptionist receives all documents.

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OFFICE LOCATIONS

New York: (212) 203-8001 – 590 Madison Avenue, 21st Floor, New York, New York 10022
Brooklyn: (347) 983-5436 – 300 Cadman Plaza West, 12th Floor, Brooklyn, New York 11201
Queens: (646) 357-3005 – 118-35 Queens Blvd, Suite 400, Forest Hills, New York 11375
Long Island: (516) 208-4577 – 626 RXR Plaza, 6th Floor, Uniondale, New York 11556
Westchester: (914) 414-0877 – 50 Main Street, 10th Floor, White Plains, New York 10606
Connecticut: (203) 489-2940 – 500 West Putnam Avenue, Suite 400, Greenwich, Connecticut 06830
New Jersey: (201) 630-0114 – 101 Hudson Street, 21 Floor, Jersey City, New Jersey 07302
Washington DC: (202) 655-4450 – 1101 Pennsylvania Avenue, Suite 300, Washington DC 20004

FOR ASSISTANCE SERVING LEGAL PAPERS IN THE COUNTRY OF GEORGIA

Pick up the phone and call Toll Free (800) 774-6922, or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all your Country of Georgia process service needs; no job is too small or too large!

Contact us for more information about our process-serving agency. We are ready to provide service of process to all our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington, D.C.

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