Power of Attorney Notarization
Testimony of Accuracy of Document Copies and Document Extracts, Copies of Document Copies and Extracts from Them
Certificate Verifying Signature on a Document or Documents
Inheritance Rights Execution
Securing of Evidence
Certification of Facts
Submission of Documents for State Registration of Rights to Immovable Property and Transactions Involving Such Property
- Power of attorney for the right of use and (or) disposition of property
- Power of attorney for the right of use and (or) disposition of vehicles
- Power of attorney to make transactions, requiring notarial form(s) in accordance with the legislation of the Russian Federation
- Power of attorney for representation in the judicial authorities
- Power of attorney for inheritance rights registration
- Power of attorney for real estate transactions registration
- Certification of other powers of attorney
- Certification of powers of attorney, issued by way of substitution
- Order for revocation of a power of attorney
- Certification of signatures on citizen complaints
- Certification of signatures on declarations to the tax authorities for a legal entity registration
- Certification of signatures on declarations to the tax authorities on an individual state registration as a self-employed person
- Certification of signatures on bank cards
- Certification of signatures on other documents
- Certification of translator signatures
- Certification of contracts:
- the purchase and sale of real estate
- purchase and sale of shares in the authorized capital of the Company
- rent, including life estate
- marriage contract
- an agreement for the severance required by spouses within a marriage
- an agreement for the alimony payment
- contract for registration of living quarters for parents and children shared ownership acquired via maternity capital
- an amendment agreement or notarial contract denouncement
- Parental consent for a child when traveling abroad
- Spouse consent for no deal on property disposal
- Resident consent for execution of the uncompensated use agreement
- Consent for registration of a citizen in the apartment
- Consent for citizenship
- Other consents
- Certificate of inheritance according to the deceased’s will and the law
- Certificate for the surviving spouse’s interest
- Distribution of inherited property agreement
- Disclaimer of acceptance of inheritance according to the will and the law
- Complaint(s) regarding the surviving spouse’s allocation of rights relating to joint property ownership acquired during the marriage
- Inherited property protection, including trust agreement registration
- The disclaimer of inheritance
- Property wills
- Part property wills (from vested interest)
- The acceptance of private will
- Order the cancellation of the will
- Web page (website) inspecting and the protocol for inspection Notary website inspecting is carried out in the presence of interested parties, after which the notary carries out the proceedings to secure evidence on the Internet, in accordance with the provision of the civil procedural law. Notary website inspecting occurs with the purpose to commit the presence of information on the website. In accordance with Art. 102 Fundamentals of Russian Federation legislation for Notary Activities, notary public, at the request of interested parties, secures evidence required if any incur in a case in a court or administrative body.
- Evidence examination
- The certification of the fact that a citizen is alive
- The certification of the fact of being a citizen in a specific place
- The certification of identity of a citizen and a picture of the person
- The certification of time of documents presented
The notary, as provided by applicable civil law of the Russian Federation, and by an agreement between the debtor and the creditor, received from the debtor to deposit money and securities to transfer them to the lender. The notary notifies the lender about money and securities incoming and the notary gives money and securities due to the lender at his request, unless otherwise agreed between the debtor and the creditor. The deposit acceptance of sum of money and securities is made by a notary at the place of performance. According to the Art. 327 of the Civil Code of the Russian Federation the debtor is entitled to pass his money or securities to a notary deposit — if the obligation cannot be fulfilled by the debtor as a result of:
- absence of the creditor or a person authorized to accept the administration, in the place where the obligation is due to be fulfilled;
- incapacity of the creditor and the absence of his representative;
- evident uncertainty as to who is the obligee, in particular if there is a dispute on this issue between the creditor and other persons;
- creditor’s avoidance to accept administration or other delay(s). The list of reasons for money and securities transfer on deposit, established in accordance with the Article 327 of the Civil Code is exhaustive.
In addition to these common cases, there are a number of special rules governing the basis for lodgement and securities in the notary deposit on specific commitments. They include:
- The Civil Code of the Russian Federation — clause 6 art. 720; art. 738; clause 2 art. 1172;
- Land Code of the Russian Federation dated 25.10.2001, № 316-Federal Law — art.56.11;
- Federal Law art. dated 26.10.2002, № 127 Federal Law “On incapacity (bankruptcy)” — art.113, 125, 142,185.6; 18.33; 189.33; 189.96; 201.17;
- Federal Law dated 16.07.1998, № 102- Federal Law “On Mortgage (real estate mortgage)” — clause 5 article 17;
- Federal Law dated 26.12.1995, № 208- Federal Law “On Joint Stock Companies” — clause 4.1 of article 76 clause 7 and clause 7.1. art. 84.8;
- Federal Law dated 29.07.1998, № 135- Federal Law “On Valuation Activities in the Russian Federation” — art.24.10;
- Federal Law dated 18.07.2009, № 190-Federal Law “On Credit Cooperation” — art. 40, Federal Law dated 05.04.2013, № 43- Federal Law “On peculiarities of regulation of certain legal relations in respect to joining of the constituent entity of the Russian Federation — to the federal city of Moscow area and on amendments to certain legislative acts of the Russian Federation” — Art. 13;
- Federal Law dated 30.12.2004, № 214-Federal Law “On apartment block construction co-funding and other real estate and on amendments to some legislative acts of the Russian Federation”, — cl.cl. 2, 5, 6 art. 9, cl. 5, art. 15;
- RF Government Decree dated 06.06.2012, № 558 “On approval of the standard regulations for housing associations, created to ensure the premises for certain categories of citizens of the Russian Federation”-cl. 142;
- RF Government Decree dated 18.09.2002, № 684 “About the standard regulations of confidential management for interval mutual funds” — cl. 66 of standard regulations;
- RF Government Decree dated 27.08.2002, № 633 “About the standard regulations of confidential management for opened mutual funds” — cl. 61 of standard regulations;
- RF Government Decree dated 15.07.201, № 600 “On approval of the standard regulations of confidential management for the exchange mutual funds” — cl. 70 of standard regulations;
- RF Government Decree dated 25.07.2002, № 564 “On approval of the standard regulations of confidential management for the closed mutual fund ” - cl. 107 of standard regulations;
- The regulation dated on 07.08.1937, № 104/1341 “On Bills and Notes” mandated by USSR Central Executive Committee and Council of People’s Commissars — art. 42.
The notary must notify the creditor (if known) about money and securities incoming and the notary gives money and securities due to the creditor at his request only (art. 87 of the Standards). Unless otherwise agreed between the debtor and the creditor (art. 87 of the Standards). The notification order for the creditor and the debt withdrawal out of deposits specified in section VI of these guidelines.
In accordance with the art. 88 of the Standards, the money refund or securities refund to a person who has deposited money is allowed only with the creditor’s written consent, by agreement between the debtor and the creditor or according to a court decision.
Thus, in cases where the money or securities have been deposited by the notary according to the law, the claimed refund or securities refund to the debtor, based on his rights in accordance with cl. 3 of art. 327 of the Civil Code of the Russian Federation, shall be permitted only in the following cases:
- The notary has received the creditor’s written consent;
- The notary has been provided by court judgement;
- Under the writ in cases provided by cl. 12 art. 113 of the Federal Law dated 26.10.2002, № 127- Federal Law “On Insolvency (Bankruptcy)”;
- Over enforcement jurisdiction request, resolved to exempt real estate, if the relationship between the debtor and creditor are governed by the Federal Law “On regulatory considerations of individual relations in case of joining to the subject of the Russian Federation — federal city of Moscow territories and on amendments to certain legislative acts of the Russian Federation.”
Other cases of money and securities refunds to a creditor can only be provided in the agreement between the debtor and the creditor.
Money or securities payment to the notary deposit is considered to be a discharge.
The notary notifies the creditor, if money or securities have been deposited. The debtor makes an application to the notary if he wants to deposit money and securities.
The need to deposit money and securities may occur if a notary exercises the notarial act as taking action to protect the inheritance of property. A money or securities withdrawal out of a deposit is made on the depositor’s claim. A money and securities refund is made to the person who deposited, is permitted only with the consent of the person in whose favor the money and securities have been received, or under court judgement (Art. 102 Fundamentals of Russian Federation legislation for Notary Activities). Unclaimed deposit payment(s), upon expiry of storage, shall be transferred to the budget of the Russian Federation.
In accordance with the art. 89, The Fundamentals of Russian Federation legislation for Notary Activities to recover money or to retrieve the debtor’s property, the notary performs the executive inscription on the documents fixing the debt.
A notary executive inscription is made on a copy of the document fixing the debt. At the same time on a document fixing the debt, a mark of the performed notary executive inscription is made.
The documents which grants the rights to collect the debt uncontested proceeds on grounds of executive inscriptions are:
- notarial certified transaction imposing the liability or cession of goods obligations;
- loan agreements, excluding the contracts when the creditor is a microlender, if the contracts or other additional agreements to them have the conditions of the possibility for enforceability by notary executive inscriptions;
- other documents, a list specified by the Government of the Russian Federation.
An executive inscription is made if:
- submit documents confirming uncontested requirements of the creditor against the debtor;
- it is no more than two years from the date when the obligation has to be performed.
The notary makes the executive inscription over a recoverer’s claim in written form pursuant to the presentation of documents specified in Article 90 of these Fundamentals; the calculation of the debt under liabilities, signed by a recoverer, including the recoverer’s payment details account, a copy of the debt notice sent by the recoverer to the debtor not later than fourteen days prior to the appeal to the notary for the commission of the executive inscriptions, the document confirming the destination of the said notification.
In the event that the enforcing obligations depend on the maturity or the conditions, the notary is provided by the documents submitted, i.e. the maturity or the fulfilment of the conditions, to enforce the obligations.
The notary sends a notice to the debtor about the executed executive inscription within three working days after the event.
Collection on executive inscription is made in the order established by the civil procedure legislation of the Russian Federation for execution of judgments. The executive inscription, if the collector or the debtor is a citizen, may be presented for enforcement within three years from the date of the transaction, and if the collector and the debtor are an enterprise, institution or organization, one year, if the legislation of the Russian Federation is not limited by other terms.
The revival for submission of an executive inscription is made in accordance with the civil procedure legislation of the Russian Federation.
The notary certifying the transaction, issuing the certificate or executing an executive inscription on reservation the encumbrancer’s right to the mortgaged property, which is subject to state registered ownership of real property or transactions involving such property, at the request of persons who applied for the notarization, provides an application for state registration of real property titles and transactions with other documents attachment for registration to the registry authority.
Unless otherwise agreed with the persons who applied for notarization, the notary who has made a notarial act, receives an extract from the Unified State Real Estate Registry certifying the state registration of the occurrence or the transfer for real property, the documents issued by the registry authority, and transfers them to the specified persons.
Documents required to be submitted for state registration of rights of real property titles and transactions, are provided to the notary by persons who apply for a notary action.
In the case where an applicant provides an application for state registration of rights of real property titles and transactions attaching other required documents to make registration to the registration authority in accordance with this article, the notary who has made a notarial act receives the documents issued by the registration authority in electronic format, and delivers them to the person who applied for the relevant notarial act, at his request, in electronic form or as hard copies to certify the equivalence of the document in paper form and electronic form.