How to restore personnel documentation and conclude employment contracts with everyone?

Documents for the apartment and their copies are required when concluding all real estate transactions. Without them, it will not be possible to perform one or another legal action. However, no one is immune from loss of documentation. In this case, a person may face a number of problems. To avoid them, experts recommend figuring out in advance how to restore documents for an apartment if lost .

The procedure for carrying out the procedure can vary significantly depending on what kind of paper needs to be restored. Additionally, experts advise taking a number of actions to protect yourself from unforeseen circumstances in the event of loss of documents. We’ll talk further about how to restore documentation for an apartment, how to renew the purchase and sale agreement, and what to do to protect yourself.

Types of documents for an apartment

All real estate documents are divided into three categories. The owner of the apartment must have technical, title and title documents and copies thereof.

The recovery process varies depending on what type of documentation the action needs to be performed on.

Technical documents for housing

The technical documentation contains information about the characteristics of the apartment. Using papers or their copies, you can identify a property.

The list of technical documentation includes:

• registration certificate of the apartment;
• cadastral passport;
• technical housing plan.

The technical documentation contains information about the price of a house or other real estate, its area, dimensions, as well as other important parameters.

Title papers

The most important documents for an apartment are title documents. On their basis, it is possible to restore ownership of the premises. The list of documentation is quite extensive.

It includes the following papers:

• agreement on transfer of ownership;
• an agreement containing information about the transaction;
• decision of judicial authorities;
• documentation related to shared construction;
• documents demonstrating the existence of the right to inheritance.

Legal documents

Legal documentation is provided by registration authorities. If a citizen acquired the right to residential premises after February 2008, it must be confirmed by an appropriate certificate.

Video

Today, a certificate of ownership is provided by the Rosreestr department. The paper will be issued only after a legal examination has been carried out. In order for it to be completed, the citizen must provide supporting documentation. If ownership of the premises arose in 2008, the registration certificate is the documentation confirming its existence. Its registration was previously handled by the BTI authorities.

The procedure for restoring documents for a land plot

Firstly, the recovery procedure is not so complicated and time-consuming if all steps are performed sequentially:

1. First, you should file a claim for lost documents. Such an advertisement can be given in a popular newspaper.
2. After which you need to go to the state legal authority that specializes in issues related to land plots and ask for help in restoring the documentation. To submit an application, you must provide a newspaper issue with an announcement of the loss, certified copies of documents remaining in hand, passport data, a copy of a certificate with evidence of payment of taxes.
3. After providing the necessary documentation, the owner will be issued a duplicate.
4. Next, you should send it to the governing body at your place of residence or to Rosreestr, providing a package of documents and written permission.
5. State duty is paid in accordance with the established procedure
6. When submitting documents to the appropriate structure, you should clarify the date of issue of the finished document.
7. Upon receipt of the completed duplicate, present your passport.

If your home ownership certificate is lost

Today, it is quite simple to restore the certificate of ownership of an apartment. The document only copies the information contained in the Unified State Register. To restore the document, you need to contact the territorial division of Rosreestr. This is where the certificate is provided. You will need to write a statement at the organization's office. The certificate of ownership is provided only to the owner of the premises. Therefore, the citizen must provide identification. Additionally, you will have to pay a state fee. Its size depends on the status of the applicant. Citizens must pay 350 rubles, and organizations - 1000 rubles. A receipt confirming the fact of depositing funds must be included in the general package of documents. The service will be provided within 10 working days from the date of application.

You can apply for reinstatement of the certificate:

• directly to the territorial division of Rosreestr;
• in the MFC;
• through the State Services portal.

Using the State Services service allows you to contact the authorized body remotely. However, this will require you to obtain a digital signature certificate. The application can also be sent by mail. Sending is carried out using a registered letter with a list of attachments. All documents must be certified by a notary.

Video

Who has the right to certify documents

In exceptional cases, duplicates are certified by a notary. Specific situations are provided for by law. For example, a power of attorney for making foreign transactions, entering into an inheritance, certificates of ownership, adjusting the constituent documents of organizations, etc. But every time you create copies and extracts from personnel documentation, it is not advisable to go to a notary. In most situations, the employer has the right to independently certify them.

This procedure can be carried out by a limited number of persons:

• manager (or individual entrepreneur);
• Chief Accountant;
• head or HR specialist;
• other authorized officials included in the organization's staff.

Without additional acts, only the head of the company or an individual entrepreneur can certify photocopies of important papers. For other employees, you will need additional paper that gives them such powers - for example, a note in the job description or a power of attorney. The head of the company issues an order stating who is carrying out this procedure and on what basis.

IMPORTANT!

The photocopy is certified only by the person who prepared it or compared it with the original. You cannot take responsibility for marking the certification if you have not seen the original.

Legal entities have the right to certify only duplicates of their own protocols and acts. Copying other people's papers is permissible only if you have permission from these organizations. It is not required if the papers are needed for the employment of citizens or relate to the personal affairs of current employees of the company.

ConsultantPlus experts discussed how to certify copies of documents for the tax inspectorate. Use these instructions for free.

If it is necessary to renew the contract of purchase and sale of housing

If the purchase and sale agreement was drawn up after the entry into force of Federal Law No. 122, restoring the paper should also not cause difficulties. One copy of the agreement remains with the citizen, and the second is transferred to the authorized body, where it is stored in a special archive.

If a person needs to receive a copy of the contract, he must visit the local office of Rosreestr and fill out an application in accordance with the established rules. You must have your ID with you.

When figuring out where to go to restore a document, you need to take into account that the restoration procedure is paid. It is recommended to first find out how much the manipulation costs. An individual will have to pay 200 rubles. For legal entities, the amount increases to 600 rubles. A copy of the agreement in Moscow or other cities is provided within 5 working days. If the contract was concluded before 2008, the procedure becomes more complicated. It will be possible to restore a document only if it has been notarized. To obtain a copy of the paper, you will need to contact the appropriate office where the transaction was carried out. A fee of 100 rubles is charged for providing a copy. Additionally, the notary will require payment for technical actions. When issuing a purchase and sale agreement, a fee of about 50 rubles per page is charged. If the agreement was registered with the BTI, the citizen will only be able to rely on a copy of the registration certificate. The only way to restore the contract in this case is to find the seller of the apartment and make a copy with his copy.

Title documents are part of register files and are part of the Unified State Register of Real Estate (hereinafter referred to as the USRN) and constitute restricted access information. They can be obtained from the Unified State Register of Real Estate in the form of copies.

As a general rule, they can be received by the owner (his representative), mortgagee or heir of the property. They are also provided to the heads of government agencies and MFCs, their deputies, as well as courts, law enforcement agencies and others (Part 13 of Article 62 of the Law “On State Registration of Real Estate”, hereinafter referred to as the Law on Registration).

Not only the current owner of the property, but also the previous one can receive such copies. They are also provided to right holders (both current and former), in whose favor a restriction of rights or an encumbrance on the property has been established or has been established. In addition, participants in the transaction can also receive them, including in cases where registration was refused. A detailed list of such persons is given in clause 21 of the Procedure for providing information from the Unified State Register of Real Estate (hereinafter referred to as the Procedure).

To obtain such copies, you need to make a request (Part 15, Article 62 of the Registration Law). If you submit it personally, it can be filled out by an MFC specialist. If the request is sent by mail, the signature must be notarized. This is not required if the request is sent by an arbitration or bankruptcy trustee, or government bodies and organizations (clauses 39, 43 of the Procedure).

One request is made to obtain one copy of one document. If you need to receive several copies, then a request must be made for each (part 4 of article 62 of the Registration Law, clause 31 of the Procedure).

The documents attached to the request are specified in clause 43 of the Procedure. These include, in particular:

— power of attorney (or its copy), if the request is submitted by a representative;

— a copy of the document on the powers of the person acting on behalf of the organization without a power of attorney and signing the request, if information about him is not in the Unified State Register of Legal Entities;

- a duly certified copy of the arbitration court’s ruling on the approval of the arbitration manager, bankruptcy trustee, which has entered into legal force;

- a copy of the agreement (other document of title) on the basis of which the mortgagor’s right was registered and a mortgage arose by force of law in favor of the applicant, if there is no record of it in the Unified State Register of Real Estate (for the applicant-mortgagee).

Copies of the attached documents (except for a judicial act confirming the powers of an arbitration or bankruptcy trustee) must be notarized. These copies will not be required when submitting a request in person if you present the originals of these documents (clause 43). The exceptions are a judicial act that has entered into legal force, an agreement (other document of title) confirming the right of the mortgagor and the emergence of a mortgage by force of law in favor of the applicant, as well as a document that is the basis for registration of the legal owner of the mortgage. These documents are always submitted in the form of copies (clause 43 of the Procedure).

A request for copies of title documents from the Unified State Register can be submitted in the following ways (clause 30 of the Procedure):

1) in paper form:

— in person to any rights registration authority or MFC, regardless of the location of the property (clause 35 of the Procedure);

— by mail to the rights registration authority (clause 36 of the Procedure).

2) in electronic form.

Copies of title documents are provided for a fee (Part 2 of Article 63 of the Registration Law). The fees for providing information contained in the Unified State Register of Real Estate are established in Appendix No. 1 to Order No. 291 of the Ministry of Economic Development of Russia dated May 10, 2016. Thus, for providing a copy of an agreement or other document expressing the content of a unilateral transaction (with the exception of an enterprise as a property complex), its dimensions are:

— in paper form — 950 rub. for organizations, 300 rub. for citizens;

— in electronic form — 400 rub. for organizations, 150 rub. for citizens.

Ready copies of title documents from the Unified State Register of Real Estate are issued within three working days from the day following the date the rights registration authority receives payment information. If the request was sent by mail and payment was made in advance, then the period is calculated from the date of its receipt (Part 9, Article 62 of the Registration Law, paragraphs 6, 51 of the Procedure).

Restoration of technical documentation for housing

Having figured out how to restore an apartment purchase and sale agreement after loss, a person should become familiar with a similar procedure performed in relation to technical documentation for housing. So, if a new cadastral passport is required, the owner of the premises must contact the cadastral chamber. Any other citizen has the right to perform the action, even if he is not the owner. At the organization’s office you will need to present your passport and pay a state fee. Its size is 200 rubles. The document will be ready within 5 working days. Restoring the technical plan is performed in a similar way. However, the cost of state duty will increase. To carry out the action you will have to pay 800 rubles.

If for any reason a citizen cannot personally visit the cadastral chamber, you can use its services through the MFC or the government services portal.

The above scheme only applies if the plan has previously been drawn up. If you need to obtain a new document and not a duplicate, you will need to contact a cadastral engineer, BTI or another organization providing such services. Payment will be made in accordance with the institution's tariff plans. The preparation of technical passports for the premises is carried out by the BTI. Here you can get a copy of a document that was lost. The service is paid. To obtain a copy of the technical passport you must pay 500 rubles. If a new document is required, the cost will increase to 1,500 rubles.

Video

What to do if all copies of the employment contract are lost

There are two options for document recovery. The first involves creating a duplicate. It is necessary to enter all the initial conditions that were stated in the original. Two copies are drawn up, both signed by the employer and employee. One of them remains in storage in the personnel service, the second is transferred to the employee. All information necessary to create a duplicate is taken from the employee’s personal file and work record book.

It is also permissible to conclude a new contract. A document is being developed into which data from the first employment contract is transferred. The date the employee was hired is noted. The actual date of creation of the document is indicated. In addition, it is necessary to indicate that this copy was concluded to replace the lost one.

There are no particular difficulties in drawing up a new employment contract or a duplicate to replace the lost one. It is important to deal with this as soon as the problem is discovered, without delaying it. This will help avoid fines and proceedings with the labor inspectorate.

Lost documents for an apartment: precautions

If a citizen has lost a purchase and sale agreement or other papers, there is a possibility that illegal actions may be carried out with the housing. In a number of situations, a citizen may lose his premises.

To protect himself, a citizen must act quickly. Initially, you need to contact the territorial division of Rosreestr and report that the documents have been lost. To do this you will need to write an application.

You will also have to submit another application containing information that state registration of real estate without the personal presence of the owner is strictly prohibited. Based on the documents received, representatives of authorized bodies put down a special mark prohibiting registration actions on the basis of a power of attorney. After this, the person can begin to restore the necessary documentation.

How to certify a document with the “Copy is true” stamp

To certify documentation, two types of marks are allowed - a seal impression and a handwritten version. For the first case, you need to specially make a stamp with the imprint “Correct” or “Copy is correct.” But keep in mind that GOST does not specify the use of the “Copy is correct” stamp. It is possible to make two types of stamp: “Copy” and “Correct”. The first will indicate duplication of the document. The second is for his assurance.

Here are the principles on how to certify copies of documents according to the new rules using an imprint:

• the stamp is placed at the end of the text under all signatures;
• placed in a free space, usually in the lower right corner;
• it is forbidden to block the text with them;
• It is permissible to use it in agreement with the authorities to which you send the acts (not all government agencies allow this).

Here's an example of what it looks like:

July 27, 2021

Procedure for issuing a duplicate (for an individual)

To certify a lost document, you need to complete the registration correctly, following the order. The procedure consists of several stages that a person who wants to receive a duplicate must go through. The notary issuing a duplicate copy of the paper goes through its stages of production. The scheme is common for both individuals and legal entities, but has differences:

• Filling out a special form indicating which duplicate documents need to be replaced. You should indicate not only the name of the document, but also its number and other important identification marks.
• Drawing up a note explaining the basis on which duplicates are requested. You can write that the document was lost, stolen, damaged during a natural disaster (fire, flood, hurricane, etc.).
• Payment of state duty. It is not necessary to pay a state fee for all types of documents, and only in certain circumstances of their loss. It is advisable to clarify this fact with a specialist before going to the bank. A receipt confirming payment is attached to the application.
• Sending all necessary papers to the notary.

All you have to do is wait until the specialist confirms the registration and issues a certified duplicate in accordance with the rules.

What duplicates can you get from a notary?

Obtaining a duplicate may be necessary not only for individuals, but also for legal entities. Given the difference between them, different documents can be used as duplicates. Legal entities most often request duplicates of the following documents:

• notarized charter of the company;
• various constituent documents;
• tax registration certificates;
• various contracts and certificates;
• orders.

Lack of order in documents can be a hindrance when a company takes part in tenders or competitions; papers need to be presented to the court, but it turned out that the originals were lost during a move or simply due to the negligence of staff. The notary stores them and can issue them upon request. Even if an organization has a copy, in some transactions it cannot use it instead of the original. A duplicate is an equivalent replacement.

Individuals order duplicates of the following documents:

• certificates of various types (birth, death, marriage);
• work book;
• various contracts (donation, purchase/sale).

If the lost document has not been notarized, the notary cannot issue his document because he does not have one.

Features of maintaining order in the preparation of a duplicate document (using the example of a company)

The basis for issuing a duplicate is a special act, which confirms that the duplicated document was lost or received damage that prevented its full use. Drawing up the act falls on the shoulders of a special commission. The act states:

• document's name;
• number and series;
• date of issue;
• content;
• reasons for loss;
• composition of the commission.

At the very end there must be signatures of all commission members. The act is signed by the chairman of the commission, all its members and the general director of the company. Then you can begin the procedure for restoring the document by obtaining a duplicate.

Next, a written appeal is written to the notary, where a request is made to provide a duplicate of the document, the notarization of which the specialist was involved in. If the original is damaged, it must be attached to the application. Also attached is a report drawn up by the commission. Practice shows that it is better to immediately certify two copies of the application in order to leave a mark of receipt on the second, and thereby avoid disputes about when a duplicate should be issued.

According to the law, the duplicate cannot be edited, and it is prepared for no longer than two weeks. There should be a mark on the page that this is a duplicate. This mark is placed on all documents. Otherwise, the data is completely copied. If the data has changed (as in the case of a work book), the changes must be documented. This is the only way to duplicate them.