Advocacy and notary office. Notary in private practice (most important)

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Advocacy and notary office. Notary in private practice (most important)

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38. Notary in private practice

Along with state offices in the Russian Federation, there are private notaries.

A notary engaged in private practice is endowed with a wide range of powers:

1) have the right to open settlement and other accounts in any bank, including foreign currency, from which a notary can transfer money for renting premises, make settlements with tax authorities, a pension fund. Also, the notary has the right to open a deposit account, to which the client transfers money so that the notary, at his direction, transfers this money to an organization, individual, etc. The client's money stored in the notary's deposit account is not his income;

2) have the right to have property and personal non-property rights and obligations;

3) have the right to hire and fire employees. In this case, he must pay them wages, make settlements for these workers with a pension fund, a fund for compulsory medical insurance and social insurance;

4) manage the received income. But it must be taken into account that he is obliged to pay salaries to employees, pay for the rent of premises, office supplies, etc. He also transfers 28% of income to the pension fund for himself, pays 35% to the tax authorities, and only after that the notary has his net income that he can dispose of;

5) act in court, arbitration court on his own behalf and perform other actions in accordance with the legislation of the Russian Federation and the republics within the Russian Federation.

Notaries engaged in private practice are authorized to perform the same notarial acts as public notaries, with the exception of issuing a certificate of the right to inheritance and taking measures to protect the inheritance property.

In the event that notaries employ citizens under employment contracts or under civil law contracts, the subject of which is the performance of work and the provision of services, they are registered with the PFR bodies as notaries engaged in private practice and notaries using the labor of hired workers. Therefore, when registering a notary as an employer, in addition to the above application, passport and copies of documents, they are also presented with certified copies of contracts.

A notary engaged in private practice is responsible for his actions with all his property. He is obliged to conclude an insurance contract for his activities and, therefore, the damage caused by the notary is compensated at the expense of the sum insured, and in case of its insufficiency, at the expense of other property of the notary.

Authors: Nevskaya M.A., Shalagina M.A.

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