Advocacy and notary office. Certification of certain types of transactions (the most important)

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Advocacy and notary office. Certification of certain types of transactions (the most important)

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47. Certification of certain types of transactions

The fundamentals of the legislation of the Russian Federation on notaries establish the rules for the following types of transactions:

1) contracts for the alienation and pledge of property subject to registration. These contracts can be certified subject to the submission of documents confirming the ownership of the alienated or mortgaged property. These documents must be marked with state registration. The pledge agreement must indicate the subject of the pledge and its assessment, the amount and term for the fulfillment of the obligation secured by the pledge, as well as an indication of which party has the pledged property;

2) agreements on the construction of a residential building, alienation of a residential building and other immovable property. These contracts are certified at the location of the property or at the place of allotment of the land plot. The notary needs to check the compliance of the contract with the legislation governing the right of citizens to build residential buildings;

3) wills. The notary certifies the wills of capable citizens drawn up in accordance with the requirements of the legislation of the Russian Federation and the republics within the Russian Federation and personally submitted by them to the notary. The will must be drawn up in writing, indicating the place and time of its preparation and signed personally by the testator in the presence of a notary. The will is drawn up, signed by the testator and certified by a notary in two copies, one of which is transferred to the testator, and the other remains in the files of the notary's office and is kept in the order according to the nomenclature of cases;

4) powers of attorney. A power of attorney is a written authorization issued by one person to another person for representation before third parties. A power of attorney issued by way of substitution is subject to notarization upon presentation of the main power of attorney, in which the right of substitution is stipulated, or upon presentation of evidence that the representative under the main power of attorney is forced to do so by force of circumstances to protect the interests of the issuer of the power of attorney. The power of attorney is valid for the period specified in it, which cannot exceed 3 years.

The number of copies of documents that set out the content of a transaction certified by a notary is determined by the persons who applied for a notarial act, but cannot exceed the number of parties involved in the transaction. Only the will and agreements on the pledge of property, the construction of a residential building, the alienation of a residential building and other real estate are provided to the notary in at least two copies, one of which remains in the affairs of the notary's office.

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

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