What documents will only notaries be able to certify from January 2021
The list of documents that only a notary has the right to certify is established by the "Fundamentals of Legislation on Notaries". It has not undergone any major changes recently. We tell you what documents from January 2021 will be able to certify only notaries.
Certain types of transactions
Article 53 of the Fundamentals specifies that transactions for which such a procedure is provided for by the current Russian legislation are subject to notarization. These include the following contracts: lifetime maintenance (annuity); marital status; on the assignment of the right of claim, if the obligation arose from a notarized transaction; alimony agreement; an agreement between the parties to foreclose on the subject of collateral without a court.
All contracts, the subject of which is the property subject to state registration (for example, real estate), are subject to certification.
In the case of the sale of a thing that is jointly owned, the certificate requires the consent of the second owner to alienate it.
Also, in accordance with paragraph 2, Part 2, Article 163 of the Civil Code of the Russian Federation, the parties to the transaction may, by agreement, notarize it, even if such a procedure is not mandatory.
Translation of documents written in a foreign language is also subject to notarization. Without this procedure, it has no legal force. Accordingly, it will not be possible to use it in any legal relationship on the territory of the Russian Federation.
In accordance with Article 57 of the Fundamentals, the notary certifies the wills provided to him. They must be drawn up and presented only by a capable citizen, and independently.
If the will was provided by a representative of the testator, the document is not subject to certification.
According to Article 185.1 of the Civil Code of the Russian Federation, a number of powers of attorney are subject to mandatory notarization: to make transactions that must also be certified; to submit an application for state registration of the right; for the disposal of property that is registered in the state registers.
In accordance with Article 59 of the Fundamentals, the certificate is also subject to powers of attorney that were issued in the order of transfer (that is, from the original representative to a third party to perform the same actions in the interests of the principal). The right of transfer must be provided for by the main power of attorney.
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