Advocacy and notary office. Responsibilities of a notary (most important)

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Advocacy and notary office. Responsibilities of a notary (most important)

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42. Obligations of a notary

When performing notarial acts, notaries have equal rights and perform the same duties, regardless of whether they work in a state notary's office or are engaged in private practice.

The Fundamentals of the legislation of the Russian Federation on notaries establish the following duties of a notary:

1) provide assistance to individuals and legal entities in exercising their rights and protecting legitimate interests;

2) explain to clients their rights and obligations, warn about the consequences of notarial acts performed, so that legal ignorance cannot be used to their detriment. The right to agree with the performance of a notarial act, to refuse it until this document is signed by the parties, the right to freely express will when performing a notarial act, as well as the obligation, after performing a notarial act, to strictly comply with the obligations and conditions that are stipulated, should be explained. because their failure to comply entails civil liability. But before performing a notarial act, the notary is obliged to identify individuals in relation to individuals and verify their legal capacity, and in relation to legal entities, legal capacity is established by studying the constituent documents;

3) perform their duties in accordance with the legislation of the Russian Federation;

4) keep secret information that became known to him in connection with the implementation of his professional activities. Copies of documents stored by a notary can be issued only to persons who took part in the performance of a notarial act, or to those in respect of whom they were performed;

5) refuse to perform a notarial act if it does not comply with the legislation of the Russian Federation or international treaties;

6) in the cases provided for by the legislative acts of the Russian Federation, the notary is obliged to submit to the tax authority a certificate on the value of property passing into the ownership of citizens, necessary for calculating the tax on property passing by inheritance or gift;

7) provide information about the performed notarial acts to the notarial chamber of his district in case of their demand;

8) be impartial in their activities. He is not entitled to provide intermediary services when concluding contracts;

9) to conclude an insurance contract for his activities, if he is engaged in private practice, he is not entitled to perform his duties without a contract. The sum insured cannot be less than 100 times the minimum monthly wage established by law.

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

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