Notarization of a transaction: when is it necessary to contact a notary?

What transactions are subject to notarization?

In accordance with the provisions of the Civil Code of the Russian Federation (Civil Code of the Russian Federation), transactions must be notarized in two cases:

• if this is expressly provided by law;
• if the parties to the contract so decide.

Accordingly, you can have any transaction certified by a notary at your request, but some agreements must be.

If notarization of a transaction in accordance with is mandatory (by virtue of the law or the wishes of the parties), failure to comply with the notarial form.

Transactions subject to mandatory notarization by law include:

• Transactions on alienation or mortgage agreements of shares in the right of common ownership of real estate.
  The exceptions will be:
  1. transactions involving alienation or mortgage by all participants in shared ownership of their shares under one transaction;

  transactions related to property constituting a mutual investment fund or acquired for inclusion in a mutual investment fund;

  Read also:  Registration of inheritance under a will: sample application
• transactions for the alienation of land shares;
• transactions for the alienation and acquisition of shares in the right of common ownership of real estate when concluding an agreement providing for the transfer of ownership of residential premises in accordance with the Law of the Russian Federation of April 15, 1993 No. 4802-1 “On the status of the capital of the Russian Federation” (except for the case provided for in part nineteen of Article 7.3 of this Law);
• agreements on mortgage of shares in the right of common ownership of real estate, .
• transactions related to the disposal of real estate under conditions of guardianship, including transactions for the disposal of the property of minors and incompetents (Article 54 of the Registration Law);
• ;
• agreements on the division of common property;
• annuity agreement and its type - ;
• guarantee agreements concluded by developers in;
• transactions for which the submission of documents for state registration is expected.

Also, other transactions and documents in respect of which the law provides for an appropriate form are subject to mandatory notarization (for example, power of attorney, consent of spouses to alienate joint property, wills, etc.).

In order to find out whether a specific transaction is subject to mandatory notarization, you can consult with a specialist. To do this, just use our service. In all of the above cases, you cannot do without a notary.

Who to contact when entering into an inheritance

According to current legislation, inheritance matters are handled by a notary. According to legal acts, the applicant for inheritance must contact the office at the address of the deceased relative. The lawyer opens an inheritance file, where all the documents are filed that confirm the heir’s rights to part of the property.

In Moscow, you can contact any notary regarding an inheritance. Since 2006, all notary offices in the capital have been allocated to a single database, so the territorial reference by address can be missed

Please note that you will need to visit the notary at least three times to enter into inheritance rights. Let's consider all stages of the procedure:

1. On your first visit, you must write an application and indicate your desire to inherit part of a relative’s property. This can be done in two ways: by law or by will. The latter option is preferable for the heir: the document clearly indicates what part of the property is due to him. After writing the application, you need to ask what documents will be needed to open an inheritance case. The consultation is usually free.
2. Collect and present the necessary papers to the notary. Typically this includes property valuation acts, title documents, certificates and extracts.
3. After six months, you need to visit the notary's office again to obtain a certificate of entry into the rights of the heir.

Please note that the concept of hereditary mass is very broad. This includes:

• residential and commercial real estate;
• copyright;
• private houses and land plots;
• savings, including pension and salary;
• securities and shares;
• shares of the authorized capital of enterprises;
• shares in LLC;
• vehicles.

Given this versatility, the notary you choose for inheritance matters must know all the intricacies of entering into an inheritance for each of the points. Therefore, before choosing a company, you can look for reviews on the Internet, ask friends and acquaintances.

In addition, during the consultation (remember that the consultation does not oblige you to anything), ask how many inheritance cases the notary has handled. Such information is usually not hidden from clients.

Now let's talk about the price of notary services.

What should a notary do when certifying a transaction?

The notary performs his duties in accordance with the provisions of ).

More details

When the parties to a transaction apply for its notarization, the notary must carry out the following actions:

1. Establish the identity of the applicants on the basis of a passport or other documents that exclude any doubts regarding the identity of citizens, representatives, as well as other persons signing the transaction (signer, translator, sign language interpreter, sign language interpreter) ( ).
2. Check the capacity or legal capacity of the parties, other persons signing the agreement (signer, translator, sign language interpreter, sign language interpreter), as well as the powers of the representative of the person in whose interests the notarial act is performed ( ).
3. Check the ownership of the property being alienated or pledged to the person alienating or mortgaging it ( ).
4. Read the agreement out loud and explain to the parties the meaning and significance of the draft transaction, which is done by explaining the nature of the transaction, the rights and obligations of the parties, its legal consequences, the procedure and features of its execution (,).
5. Have the parties sign the transaction and affix a certification inscription by the notary. Documents drawn up by a notary are signed in the presence of a notary ( ).

Registration of a power of attorney

A power of attorney is an important document that is issued by one person to another person for the purpose of representation before a third party or organization.

A power of attorney can be drawn up in simple written form, or it can be notarized. Differences between each option:

1. A power of attorney to carry out actions that require certification by a notary must be notarized.
2. A power of attorney to carry out actions that do not require certification by a notary is considered legal even without certification by a notary.

Modern notaries have the right to draw up and certify different types of powers of attorney:

• Handing over the vehicle.
• Permission to use accounts, funds and deposits.
• Allowance to receive benefits and pension accruals.
• Allowing a third party to buy and sell property and so on.

Even if a power of attorney does not require notarization, you should consult a notary about the possible legal consequences before drawing up the document.

Here is an example of the consequences of a thoughtless execution of a power of attorney. A relative asked to draw up a power of attorney for the apartment in order to provide loan security from the bank. At first glance, the operation seems to be a simple formality, and the owner almost made a mistake.

Smart people advised him to consult a notary. The specialist explained that a power of attorney for an apartment will allow not only to obtain a loan, but to deregister the owner and sell the home. The consequences could be quite serious. The consultation with the notary turned out to be very useful.

Why contact a notary?

A notary is approached to obtain certain guarantees. Notarization of a transaction means checking the legality of the transaction, including whether the parties have.

Thus, the notarial form of the agreement ensures its validity.

You should know that a notary is a person who not only guarantees a high-quality verification of legality when notarizing a transaction, but also bears full financial responsibility for this.

Damage caused to a participant in a transaction due to the fault of a notary will be fully compensated, which provides personal liability insurance for the notary (and his property liability), collective insurance of the notary chamber of a constituent entity of the Russian Federation and the compensation fund of the Federal Notary Chamber.

The role of the notary representative

The notary's task is to ensure legality and legal monitoring. To be more precise, the notary’s office during the registration process is responsible for the following:

1. Opening an inheritance case with a preliminary verification of the death of the testator.
2. Announcement and interpretation of the will drawn up by the testator during his lifetime.
3. Protection of inherited property until the completion of the registration procedure.
4. The calling of legal successors depending on the method of transfer of values.
5. Checking the documentation provided, accepting applications from heirs.
6. Confirmation of the legal capacity of all subjects involved in the case.
7. Formation of inherited volume, distribution of shares.
8. Registration and issuance of certificates of inheritance.

Features of registration of notarial transactions. Deadline for registering a notarial transaction

To register your right to real estate based on a notarial deed, you should consider the following:

• registration can be carried out by: any party to a notarized transaction;
• a notary or his employee;

08/04/2018 came into force. It has been established that from February 1, 2019, notaries are required to electronically submit applications for state registration of rights and accompanying documents to Rosreestr for registration of rights arising on the basis of notarized real estate transactions, independently and without charging a separate fee.

The powers of a notary to submit documents to the registration authority are provided for.

After certifying the agreement (or other notarial document certifying the right), the notary is obliged, no later than the end of the working day, to submit in electronic form an application for state registration of rights and the documents attached to it to the rights registration authority, unless the parties have abandoned this method of submitting documents.

Thus, turning to a notary when making real estate transactions will bring you many bonuses - from reduced deadlines for registering a notarial transaction to guarantees of security of payments and reduced risks when concluding an agreement.

Cost of services

Notary fees are established and regulated by the following legal regulations:

• Fundamentals of legislation on notaries - Art. 15, 22, 23, 35.
• Tax Code of the Russian Federation - Art. 333.24.

Here are approximate prices for notary services:

1. Power of attorney – from 1200 to 2500 rubles.
2. Drawing up or canceling a will – 500 rubles.
3. Certification of unilateral transactions - permission to travel abroad, privatization and adoption - 1200 rubles.
4. Certification of copies – 100 rubles and then 10 rubles per page.
5. Marriage agreement – ​​from 5000 rubles.
6. Certification of the agreement – ​​0.3% of the amount specified in the document.

Can a will be made by several persons?

This situation is permissible only in the case when both parents draw up the document, and their own children are designated as successors. In other circumstances, this is a violation, since a contradiction arises with the law, which states that only objects belonging to the testator are subject to registration. If the notary makes a mistake and certifies such a document, it will be declared invalid, which means the complete cancellation of all the conditions specified in it. Then the property is distributed among the first-priority relatives.