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Advocacy and notary office. Rules for performing notarial acts (the most important)

Lecture notes, cheat sheets

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43. Rules for performing notarial acts

The rules for performing notarial acts include:

1) the place of performance of notarial acts. Notarial acts are performed by any notary, with the exception of cases provided for by law. In particular, a certificate of ownership in the event of the death of one of the spouses is issued by a state notary office, whose competence includes registration of inheritance rights;

2) the grounds and terms for postponing and suspending the performance of a notarial act. Thus, the performance of a notarial act may be postponed if it is necessary to request additional information from individuals and legal entities;

3) identification of the applicant for the notarial act. When performing a notarial act, the notary must establish the identity of the person who applied for the notarial act, his representative or representative of the legal entity;

4) checking the legal capacity of citizens and the legal capacity of legal entities participating in transactions;

5) the procedure for signing a notarized transaction, application and other documents. The notary is obliged to read aloud to the participants the content of the notarized transaction and other documents;

6) requirements for documents submitted for the performance of notarial acts. Notaries do not accept for notarial acts documents that have erasures or additions, crossed out words and other unspecified corrections, as well as documents executed in pencil;

7) making certification inscriptions and issuing certificates;

8) restrictions on the right to perform notarial acts. A notary is prohibited from performing notarial acts in his own name and on his own behalf, in the name and on behalf of his spouses, them and their relatives;

9) refusal to perform a notarial act. A notary must refuse to perform a notarial act in the following cases:

a) if it is contrary to the law or this action is to be performed by another notary;

b) if an incompetent citizen or a representative who does not have the necessary powers, etc., applied for a notarial act;

10) appeal against notarial acts or refusal to perform them. An interested person who considers a notarial action performed or a refusal to perform a notarial action to be wrong, has the right to file an application about this with the district court at the location of the notary's office;

11) all notarial acts performed by a notary must be registered in the register.

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

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