Notarization is necessary if an individual or legal entity submitting a certain package of documents encounters a wording saying that he needs to submit these papers, which would be certified by a person who heads the office of the same name. For notaries, this is easy money, because money is made literally from the air, and for those who contact them, it is necessary or possible to avoid submitting the originals.
Documents which are subject to notarization without fail
These include:
- registration and liquidation of legal entities;
- annuity contract;
- life maintenance contract;
- prenuptial agreement;
- documents for acceptance of the inheritance;
- power of attorney for the transfer of rights;
- translation of documents requiring such certification;
- Real estate sales if there are more than one owner;
- the sale of its share when it is in shared ownership;
- parental permission to visit children under the age of 18 years of foreign countries;
- agreements stipulating that they must be notarized.
Article 161 of the Civil Code of the Russian Federation indicates that most transactions can be concluded in simple written form without the participation of a notary.
In this article we will only consider the identity of the person with the transferable documents, as well as property transfer agreements.
Translation bureau
An individual may need to contact this organization, for example, if it moves to another country and it becomes necessary for it to translate the documents that it has.
The person who is being contacted to certify the translation made, in theory, must itself know the foreign language from which the latter was made. However, finding such notaries is rather difficult. Therefore, there are translation agencies with notarization.
It is impossible to translate documents yourself and then certify them with the person in question, since the person to whom they belong is considered an interested person. Therefore, there is a need to participate in this process as a professional carrying out this process, as well as a notary. The first carries out the translation, then the second is invited, and in his presence the first is signed this document. The notary certifies that the translator has the right to carry out legal translation, after which he enters the data into the register of notarial acts.
The document is sealed so that there is no doubt about its authenticity, the number of pages in it is notarized. This person signs it, puts a stamp and indicates the address.
Notarized translation of documents
In addition to Russian citizens who apply with such documents to a notary public, foreigners also come to him who must submit translations of their documents in Russian in our country.
It may be necessary for an individual to carry out a translation with notarization of educational documents received in secondary institutions of our country in order to continue to receive higher education abroad. The marriage certificate upon its conclusion between a Russian citizen and a foreigner (foreigner) must undergo the same procedure.
Business entities translate charters, powers of attorney, financial statements and other documents from this area, as well as various agreements.
Sometimes translation documents need to be certified not only by a notary public, but also by an apostille in the relevant authorities. This is due to the fact that different states put forward different requirements for such official papers.
Appeal to a notary for certification of a passport
This document must first be prepared. It should not contain any erasures, additions, corrections or strikethroughs. In addition, the passport must be holistic. It does not allow any damage that may cast doubt on its authenticity.
Thus, for notarization of a passport, its original must be taken with you.
The person who is contacted to carry out the action in question confirms that the information contained in the copy coincides with that in the original. The person who brought the passport for certification must own this document in good faith.
As part of the biometric passport, the fidelity of graphic and textual information is attested.
Passport extracts may also be certified if such a need arises. The latter should contain 2 and 3 pages of the document in question, information identifying the owner, including name, birth data (place and date), the authority that issued the passport (its name and date of issue), as well as details.
The concept of certification of contracts with a notary
A similar service is also provided by the parties in question. To make it, the notary makes an inscription, which is established by the Ministry of Justice of the Russian Federation, on the text of the contract. It is certified by the signature and seal of the person.
Notarization of an agreement can only take place on the one that is drawn up on a strict reporting form. It must have its own serial number, have a sophisticated security system.
Stages of the contract certification process
The notary must check all the essential points of the presented contract. This is due to the fact that it provides for criminal and property liability for violation of the legitimate interests and rights of customers who have applied to it.
First of all, a notary public must find out the identity. To do this, the client must provide him with an identity card. The notary talks with him, during which he must verify the legal capacity of the person who has applied, find out his intentions and will. He must verify the credentials of the following persons:
- executive bodies of business entities;
- guardians;
- representatives by proxy;
- legal entities.
The latter notary checks the legal capacity.
He explains to the applicants the various conditions and legal consequences of concluding this agreement. He should focus on issues of termination. A notary defines individuals or legal entities who have an interest in the subject of a transaction. He must explain to them under what conditions the contract can be terminated, and also recognized in court as invalid.
Text preparation
The text can be prepared by the persons applying for notarization themselves. However, it is preferable that the person who came to the reception, and prepared it. In this case, this will constitute legal and technical services. The text can be typed on a computer or in another typewritten way, and also written by hand using violet or blue ink.
The contract must necessarily contain essential conditions. Other items may be introduced, if desired, which do not conflict with the spirit of the contract and the law.
After preparing the text part, it is read out by a notary public. On each copy signatures of the parties are affixed, certified by a notary with affixing its seal.
Certificate of property disposal contracts
Not all of these documents are notarized. However, many citizens turn to a notary public to give weight to these contracts. They are one of the most popular papers that a notary certifies.
When notarizing a contract, the person in question must determine its affiliation and legal status in the time period for concluding the contract. Legal and technical services in this case include a request by a notary of relevant documents from the relevant authorities:
- technical;
- title deeds;
- confirming;
- extracts from Rosreestr, if the property has passed the state registration procedure, or an extract from the BTI otherwise.
These documents indicate the owner, type of rights and whether or not encumbrances exist, and if so, which ones.
During the trial, the notary is summoned to court and gives an explanation of what he was guided by, assuring the presented contract.
Finally
Notarization of many documents must be carried out without fail. However, there are those that are not included in this list, but are subject to this procedure, since their text contains an indication that they must be certified by a notary. Any appeal to this person is associated with a sufficiently large, especially for individuals, costs. This is due to the fact that during the certification of documents not only the notarial tariff is taken, but also legal and technical services are paid.