Power of Attorney (including the right to dispose of property, conclusion of contracts)
Verification of Copies of Documents and Their Extracts, Copies of a First-hand Copy of Documents, and Extracts from Them
Certification of the Signature Authenticity on a Document
Registration of Notices on Pledges of Movable Property. Issuance of an Extract from the Register of Notices on Pledges of Movable Property
Certification of Equivalence of an Electronic Document to a Paper Document
Certification of Equivalence of a Document in Hard Copy to an Electronic Document
Certifications of Resolutions of a Corporate Body
Submission of Applications or Documents by a Notary
Submission of Documents for State Registration of a Legal Entity and an Individual Entrepreneur
Submission of Documents for State Registration of Rights to Immovable Property and Real Estate Transactions
Transactions with Shares of LLC, Contracts of Alienation of Shares in the Authorized Capital
Delivery of Application to the Tax Inspectorate
Securing of Evidence
Protest of a Bill
- Power of Attorney for the right of enjoyment and disposal of property
- Power of Attorney to use and (or) disposal of vehicles
- Power of attorney to legal representation
- Power of attorney for registration of an individual entrepreneur
- Power of attorney for registration of a legal entity
- Power of attorney for registration of contracts, and rights in the name of a legal entity
- Power of attorney for registration of real estate transactions
- Certification of sub-delegation
- Certification of other powers of attorney
Certification of authentication of signature(s) on statements of legal entities for the tax authorities regarding:
- introduction of amendments to corporation documents
- introduction of amendments to registration data of a legal entity
- reorganization of a legal entity
- creation of branches, representative offices and other separate subdivisions
- termination of the activities of a legal entity
Certification of authentication of signature(s) on statements of individual entrepreneurs for the tax authorities regarding:
- introduction of amendments in the information about an individual entrepreneur to the Unified State Register of Individual Entrepreneurs
- state registration of cessation of business as an individual entrepreneur
- Authentication of signature(s) on signature cards
- Authentication of signature(s) on other documents
- Authentication of a translator’s signature
Registration of the notice on pledge of movable property is conducted by notarizing in the register of notices on pledge of movable property (RUZDI) and contains information about the notice of a pledge of movable property. A certificate shall be issued to confirm the registration of a notice of pledge. The following notices are subject to registration:
- notice of collateral
- notice of change of pledge
- notice of exception of pledge information
A Notary registers a notice of pledge if it contains all the necessary and foreseen information.
A Notary at registration of the notice on pledge does not check; the consent of the pledgor for registration of the notice, credibility of information on the object of the pledge, occurrence, change or termination of the pledge, and on the persons indicated in the pledge notice. A Notary will not be liable for non-authenticity in the notice.
Upon registration of a pledge notice the Notary:
- makes entry on the pledge from the pledge notice in the register of notices on pledge of movable property
- issues a Certificate of registration of a notice on the pledge of movable property in the register of pledge notices of movable property
A Notary is required to register a pledge notice promptly upon receipt.
The notice of the pledge is assigned a unique registration number in the register of notices on pledge of movable property, which is reflected in the certificate of registration of the notice on the pledge of movable property and is used for subsequent registration of notice of changes in the pledge and the exception of information relating to the relevant pledge.
A Notary shall refuse to register a pledge notice only if:
- there is no information in the notice, or its form is filled improperly
- notice is sent to the notary with violation(s)
- notice in electronic form is signed by an electronic signature that does not meet the requirements of Fundamentals or can not be verified by a notary in accordance with Federal Law No. 63-FZ of April 6, 2011 “On Electronic Signatures”
- there is an outstanding notarial tariff provided by Fundamentals
The liability for the compliance of the information entered in the register of notices on pledge of movable property, with the content of the directed notice of pledge and for unreasonable delays in registering the notice of pledge in the register of notices on pledge of movable property, is channeled towards the Notary.
Notices on pledge of movable property shall be sent to the notary by the following persons or their representatives:
- pledger or pledgee shall send a notice of a pledge
- pledgee or the pledger, in the cases specified by Article 103.6 of Fundamentals, shall send a notice of a change in the pledge and a notice of deletion of pledge information
With a plurality of persons increasing the likelihood of encumbrance, the notice should be signed by one of them or by a representative of one of them.
An extract from the register may contain information on all notices as specified, or on all notices with respect to a certain pledger. An extract from the register of movable property pledge notices may contain only relevant information regarding the pledge for a certain moment (a brief extract) or also contain information on all registered notices under which it was formed (an extended extract).
At the request of any person, the notary shall issue a brief extract from the register of notices of pledge of movable property. At the request of the pledger or the pledgee, indicated in the registered notice of pledge or their representative in respect of the relevant pledge, the notary shall issue a short or extended extract from the register of pledge notices of movable property.
Certification of the equivalence of an electronic document to a document on paper (hard copy) means confirmation of the identity of the content of the electronic document issued by the notary with the contents of the document presented to the notary on paper. The electronic document produced by a notary has the same legal effect as a paper document, the equivalence of which is certified by a notary.
Certification of the equivalence of an electronic document to a paper document in respect of transactions concluded in simple written form, as well as identity papers, is not allowed.
A Notary shall issue an electronic document to certify its equivalence to a paper document by preparation of an electronic image of the document on paper and signing it with the qualified electronic signature of the notary.
Certification of the equivalence of a document in paper form (hard copy) to an electronic document means the confirmation of the identity of the contents of an electronic document presented to a notary with the content of a paper issued by a notary. A paper issued by a notary has the same legal effect as an electronic document, the equivalence of which is certified by a notary.
The electronic document submitted to the notary shall be signed using a qualified electronic signature. The qualified electronic signature of the person from whom the document originates must be verified and affirmed in accordance with Federal Law No. 63-FZ of April 6, 2011 “On Electronic Signatures”.
At the request of the person who organizes a meeting of the corporate body of a legal entity, the notary shall be present at the meetings in accordance with the legislation and constituent documents of the legal entity, and issues a Certificate of the decision-making fact(s) and the participants (members) present.
To verify the decision the Notary checks:
- corporate capacity
- competence of the corporate body relating to making a decision
- presence of a quorum at a meeting, and on the basis of counting of votes submitted by the counting commission or other person authorized to count votes, the presence of the necessary number of votes for a decision in accordance with the law and the constituent documents
The Notary does not verify compliance with the procedure for convening a general meeting or a corporate body meeting.
- offer (offer for sale, i.e., share/part of a share in the authorized capital of a business entity) refusal of the right of prior purchase of a share/part of a share in the authorized capital of a business entity
- irrevocable offer for exercise of option(s) to conclude an agreement
- acceptance of an irrevocable offer
- call for redemption of a share in the charter capital of a business entity
- membership cancellation letter
- personally by a notary
- by post
- by email
- submission to the Unified Federal Register of information on bankruptcy and information on the business of a company
The Notary who witnessed the authenticity of the signature on the application, notice or notification of the state registration of a legal entity or individual entrepreneur, at the request of the person applying for notarization, submits an electronic application and other necessary documents to the Registrar of legal entities and individual entrepreneurs, in accordance with the Federal Law of August 8, 2001 N 129-FZ “On State Registration of Legal Entities and Individual Entrepreneurs”. A notary who has performed a notarial act receives documents issued by the Registrar in the form of electronic documents and delivers them to a person who applied for a notarial act in electronic form or on paper (hard copy), at his/her request, on the basis of the certification of the equivalence of documents on paper to electronic documents.
The Notary certifying the transaction(s), issuing the certificate or executing an executive inscription on reservation of 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 the 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 an electronic format and delivers them to the person who applied for the relevant notarial act, at his/her request, in electronic form or as hard copies to certify the equivalence of the document(s) on paper to electronic documentation.
Deals on alienation of a share in the authorized capital of limited liability companies are subject to mandatory notarization. Failure to comply with this form entails the invalidity of the transaction. The rights to a share pass to the acquirer from the moment of entering an entry in the Unified State Register of Legal Entities. When certifying a transaction for the alienation of a share in LLC, the notary verifies the powers of the person who is alienating a share, requires title documents and payment confirmation from the seller.
Within two days (unless another or other terms are fixed by agreement of the parties) from the date of the certification of the alienation share transaction, the notary must submit to the tax inspectorate an application for making changes to the records in the Unified State Register of Legal Entities. Notification of the company can be made both by a notary who certified the transaction, and one of the parties to the contract.
To enter into a share purchase agreement:
If the seller/buyer is a natural person:
- If there is a registered marriage — the consent of the spouse for sale (notarized)
- If there is not a registered marriage — the notice of the absence of registered marriage (notarized).
- A Marriage Certificate
If the seller/buyer is a Russian legal entity:
- A Certificate of State Registration
- A Certificate of Individual Taxpayer Number
- A Charter — Memorandum of Association
- All Certificates of changes to the constituent documents
- All Minutes (Resolutions) of the company
- Minutes (Resolution) on the establishment of the company
- Minutes (Resolution) on the appointment of the General Director
- A General Director Appointment Order
- Documents confirming changes in case of change(s) in the member’s register
- Resolution (Minutes) for the transaction
Subject of the agreement — Limited Liability Company:
- A Certificate of State Registration
- A Certificate of the Individual Taxpayer Number
- The Charter (all revisions), the Charter to conform with FZ-312
- All Certificates of changes to the constituent document
- All Minutes (Resolutions) of the company
- Minutes (Resolution) on the establishment of the company
- Minutes (Resolution) on the appointment of the General Director
- A General Director Appointment Order
- Confirmation of payment of authorized capital
- If there have been changes in the register of members, then it is necessary to provide all the documents confirming the changes
In order to use this service, a full set of documents are required, including a receipt for state duty payment.
Authentication of the signature on documents submitted to the tax inspectorate:
When authenticating the signature of the founder on the form P11001, it is necessary to have the personal presence of the founder with a valid passport, or the personal presence of the founder’s representative with a valid passport. It is also necessary to submit:
- A Memorandum signed by the incorporator(s) or Resolution of incorporation.
- A Draft Charter.
- Written proof of the charter’s capital payment, information on the location of the Company (if any)
When authenticating the applicant’s signature on forms P12001, P13001, P14001, P16001, P17001, it is necessary to have the personal presence of the applicant acting on behalf of the company, with a valid passport (if the applicant is the executive body, i.e., director, general director, etc.) or the personal presence of a company’s representative with a valid passport. In addition, it is necessary to submit:
- A Charter registered with the tax inspectorate.
- A Memorandum of Association (Resolution of Incorporation).
- A Certificate of State Registration of a Legal Entity (OGRN).
- Registered changes in the constituent and statutory documents, together with Certificates of amendments to the Unified State Register of Legal Entities, related to the amendments to the constituent documents of the company (GRN).
- Certificates of amendments to the Unified State Register of Legal Entities, not related to the amendments to the constituent documents (GRN).
- A Certificate of Tax Registration (INN).
- An Information letter on registration in the State Statistics Committee (statistics codes).
- A Resolution (Minutes) on the appointment of the General Director (executive body).
- In case of making changes to the Unified State Register of Legal Entities, it is necessary to submit a Resolution (Minutes) on making changes.
- 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 is needed in a case in a court or administrative body.
- Evidence examination.
The notary, as provided by applicable civil law of the Russian Federation, and by an agreement between the debtor and the creditor, receives from the debtor money to deposit and securities to transfer 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/her request, unless otherwise agreed between the debtor and the creditor. The deposit acceptance of the sum of money and securities is made by a notary at the place of fulfilment. According to 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 in matters of obligation, 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 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 lodgment 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 art. 17;
- Federal Law dated 26.12.1995, № 208- Federal Law “On Joint Stock Companies” — clause 4.1 of art. 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”, — clauses. 2, 5, 6 art. 9, clause 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” -clause 142;
- RF Government Decree dated 18.09.2002, № 684 “Concerning the standard regulations of confidential management for interval mutual funds” — clause. 66 of standard regulations;
- RF Government Decree dated 27.08.2002, № 633 “Concerning the standard regulations of confidential management for opened mutual funds” — clause. 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” — clause. 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 ” - clause. 107 of standard regulations;
- The regulation dated 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 provides money and securities due to the creditor at his/her 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 from deposits specified in section VI of these guidelines.
In accordance with 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 clause. 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 a court judgement;
- Under the writ in cases provided by clause. 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/she 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 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. 88 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.
Protest of a bill is an officially certified demand for payment and its non-receipt. Protest of a bill (in non-payment, in non-acceptance) is a notarial act aimed at ensuring the protection of the interests of the subjects of the bill’s obligation. The notary makes a demand for payment to the payer in person or in writing. The legal effect here is the very fact of the public arrival of the notary to the payer in order to raise the said demand. Convinced that the claim remains unanswered, the notary must certify in the relevant protest act the bill as a refusal to accept or pay.
In accordance with the art. 89 of the Fundamental Principles of Legislation of the Russian Federation on the Notariat to recover money or to retrieve the debtor’s property, the notary performs the executory endorsement on the documents fixing the debt.
Executory endorsement 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 grant the rights to collect the debt uncontested proceeds on executory endorsement are:
- notarially 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 for the possibility of enforceability by executory endorsement;
- other documents, as listed by the Government of the Russian Federation.
Executory endorsement is made in case of:
- submitted documents confirm uncontested requirements of the creditor against the debtor;
- it is no more than two years from the date when the obligation has to be carried out.
The notary makes the executory endorsement over a recoverer’s claim in written form, conditional on the provision of documents specified in Article 90 of the Fundamental Principles; the calculation of monetary obligations, signed by a recoverer, including the recoverer’s payment details, 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 executory endorsement and the document confirming the delivery of the said notification.
Subject to the enforcing obligations depends on the maturity data or fulfilment of conditions, the notary is provided with the documents confirming the maturity or the fulfilment of the conditions.
The notary delivers a notice to the debtor of the executed endorsement within three working days after the event.
Collection under executive endorsement is recovered in accordance with the civil procedure legislation of the Russian Federation for execution of judgments. The executory endorsement, if the collector or the debtor is a person, may be brought forward for enforcement within three years from the date of its execution, and if the collector and the debtor are enterprises, institutions or companies — within one year, unless the Russian Federation legislation has fixed other terms.
The revival for submission of an executory endorsement is conducted under the civil procedure legislation of the Russian Federation.