15.02.2021

N o t a r y     t h e   c o m p e t e n c e   i s   b r o a d e n e d  

Any organization in its activities interacts with a notary, so it is important to follow the changes not only in the Law " About notariate and notarial activities ", but in the Instruction on the procedure for performing notarial actions. In January, changes were made, some of which are presented below.

New powers have been granted to notaries, such as:

- certification of refusals and cancellation of donation;

- certification of applications of the participants of the LLC (ALC) to withdraw from it. This addition will not entail the establishment of a mandatory notarial form for the application of a participant of an LLC (ALC) to withdraw form the company;

- certification of an electronic copy of a document on paper. The document is provided on paper. The notary photocopies (scans) the submitted document and saves files in graphic format on the electronic medium, signs it with an EDS using the notary's personal key;

- establishment of the fact of legal succession in relation to a debtor or a claimant by an executive note, change of the name of the legal entity, change of the name of the person.

The rule, according to which documents executed in violation of the rules of record management are not accepted for notarial actions is excluded. Consequently, if such documents are included in the package of documents, then it will be impossible to refuse to perform a notarial act on this basis.

Notaries are empowered to represent the interests of a person when registering real estate both in person and in electronic form: sign an application, submit it and other necessary documents to the organization for the registration of real estate, rights to it and transactions with it; receive a certificate of registration and (or) other documents, as well as appeal against actions (inaction) of the registrar.

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