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Notarial certification of a transaction different notaries without joint presence of the parties

Legal aid 09.10.2019 at 11:26

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In the law enforcement practice very often happens that the parties to the transaction, including the purchase and sale of real estate, requires the joint presence at the signing of the contract of sale. However, due to some or other life circumstances, the parties cannot always be present at the signing of the contract of purchase and sale of real estate. The option of granting power of attorney for the right of conclusion of the contract of purchase and sale may not suit both sides, as the estate's attorney may cause concern for participants in the transaction. The current legislation does not regulate the procedure for certification of an agreement of purchase and sale of two or more notaries, when the parties are in different cities. While the technical ability to certify the contract of purchase and sale on the one hand, and the other participant of the transaction by signing the electronic signature of the parties to the transaction, and placing in information system of notaries available. Legal settlement of this question will allow to certify the contract without the joint presence of participants of the transaction of purchase and sale.

According to article 53 of the fundamentals of Russian Federation legislation on notaries, approved the armed forces 11.02.1993 № 4462-1 the notary certifies the transaction, for which Russian legislation provides for obligatory notarial form. At the request of the parties, the notary may certify other transactions. The draft Federal law "On introducing changes in fundamentals of the legislation of the Russian Federation about a notariate" is planned to Supplement the Basis of article 53.1, which reglamentary the order ID of the transaction two or more notaries.

the Transaction, including the transaction of purchase and sale may be certified by two or more notaries, if the execution of such transaction involves two or more persons without their joint presence. The choice of the notaries involved in the identification of transactions, provided for by article 53.1 of the framework, as well as the notary, obliged to be by the applicant, in the cases provided for by law for the recording in the state register, is performed directly by participants in the transaction. Certification of contracts on alienation of immovable property must be made with the participation of the notary conducting activities in place that meet the requirements of article 56 of the Foundations. Notarization of the transaction shall be given by each notary in compliance with article 39 of the Basics.

Notarization of the transaction by two or more notaries is carried out in the following order:

the draft transaction is created for the notary in electronic form through the unified information system of notaries in accordance with the terms agreed by the parties to the transaction; party to the transaction in the presence of a notary signed copy of the transaction in electronic form, a simple electronic signature, the requirements for which are established by article 442 of the Basics, and a copy of the transaction on paper; the immutability of the text of the transaction in the electronic form provided by means of the unified information system of notaries; electronic copy of the transaction with perfect certifying inscription signed by its certified notaries to their reinforced qualified electronic signatures; certified transaction is recorded in the register of notarial acts committed remotely, and transactions, certified by two or more notaries, through the unified information system of notaries.

the Contract certified by a notary in the manner prescribed by this article, is qualified a contract concluded in writing by drawing up one document signed by the parties.

the continuation of the news: "Notary services through the portal of public services".