Sooner or later, almost every person turns to a notary public. Moreover, this is true for young people who live in a frantic rhythm, all the time in a hurry somewhere and rush about. On the other hand, it may be necessary to call a notary to a house for a disabled person or a sick person who is not able to move independently, and so on, to perform legally significant actions.
The basics
It is very important for any notary to understand that the person who will sign the documents is competent. Article 43 of Law No. 4462-1 obliges each specialist in this profile to make sure that the citizen whom he serves can control his actions and is fully aware of what he is doing. Therefore, do not be surprised that the very fact of calling a notary to the house raises certain suspicions. In fact, the specialist assumes high moral and legal responsibility, it is very important for him to make sure that there is no pressure on the part of relatives and friends, and he understands what is happening and is aware of all the possible consequences.
The term “legal capacity” itself is covered in the Civil Code. According to the requirements of this article, a notary is simply obligated to verify the applicant’s 100% legal capacity. By this action is meant that the specialist must understand that the client is really aware that he is transferring property or another right, that he trusts something to another person.
When is departure possible?
How to call a notary public? Let's look at real situations when you can place a call.
Most often, a specialist’s invitation is made if a legally meaningful action is desired by a disabled person or a seriously ill person, a veteran or an elderly person who is unable to travel long distances.
They can invite a notary to the office if the organization’s management is trying to save their time and draw up documents at a convenient time for themselves. For example, a transaction is being conducted that requires mandatory notarization, and in order not to waste time, the company invites to meet a notary or to a meeting of shareholders to certify the minutes.
Another of the most common situations when a person in a hospital or a disabled person wants to transfer property rights.
Often, a notary public is invited to jail. Such a person does not have the opportunity to freely participate in civil matters while in custody.
Possible actions
How to call a notary to the house, and what intentions can he fix? In fact, a specialist in this profile has the right to perform absolutely all the actions that he carries out in his office. This may be the execution of a contract of sale, annuity, prenuptial agreement, power of attorney or an agreement on the payment of alimony.
Legal entities also often invite notaries. In particular, his presence may be required at a general meeting of shareholders to certify signatures on a protocol or to fix certain facts.
Application Procedure
How to call a notary public? You can do this as follows: by phone and email. But before you apply, you will need to find a suitable specialist on the Internet.
You can contact the guardianship authorities or to close people, neighbors, so they invited a notary. If a person is in places of deprivation of liberty, then, as a rule, a notary is called through an employee of a medical service or the management of places of deprivation of liberty.
Prior to arrival, a notary may request preliminary information, for example, passport details or a list of powers that should be contained in a power of attorney and so on. This is necessary in order to pre-prepare the documents that will be drawn up and signed.
You can find the chambers of the constituent entities of the Russian Federation on the FNP website, where you can call a notary to your home by selecting a specialist who is closest to the location of the client.
Statement
You can contact the notary in writing, an application is drawn up for this. If the client cannot independently write such a document, then an interested person can do it for him.
A sample application for a notary public call can be found on the Internet. Although its structure resembles any other similar document. Next, we offer to make sure of this:
Notary of the city ...
FULL NAME.
from full name,
year of birth,
place of residence
Contact details
Statement
Please make a trip to me at: ... city ... street ... apartment ... porch ... floor.
To perform notarial acts, namely ... a brief essence is prescribed, for example, to draw up a power of attorney ...
I am reporting the following information about myself:
I can or I can not personally read the text of the document
I can or cannot personally sign and decrypt it.
If you have a disability or other benefits, you must indicate them.
Also at the end of the document should be written: "I know that the departure is carried out within 5 working days" and "About the size of the notarial tariff and PTR warned."
At the very end, a signature is put down, the date and full name is written
If a notary is called to the house for a pensioner by an interested person, the application is drawn up in much the same way. However, it should be noted that the client to whom the visit will be carried out does not have neurological or psychiatric diseases. It should be indicated whether he can independently and clearly express his will, whether he can read the written text and sign the documents. At the end of the application, the interested party must indicate that the applicant has been warned about the need to attract a handler. Reference: only a person who is not directly interested in the outcome of notarial acts may be a handler.
Can they refuse?
How to call a notary public and can he refuse? There is a clear list of situations when a specialist in this profile may refuse:
- if the planned act (transaction, etc.) directly violates the requirements of applicable law;
- a completely different notary public must prepare and certify the document (we are talking about inheritance cases);
- the client is legally incompetent or abuses alcohol, as evidenced by certificates or a court decision;
- a legal entity is in conflict with its statutory documents;
- there are no fundamental documents for the transaction;
- the notary has no opportunity to ensure the safety of documents or objects.
At the request of the client, the notary may issue a written refusal.
Where to complain?
If the client cannot agree with the notary public, he does not want to go home, first of all, it is necessary to receive a written refusal from him. Such a document is issued within 10 days. The refusal must clearly state the reasons why the notary cannot fulfill his professional duties.
After receiving the document on hand, you can go to court. Such litigation is subject to consideration in a special proceeding. It is necessary to file an application with the court within 10 days from the date of receipt of the refusal. You can restore this period only for good reasons.
As a rule, such statements are considered by judges with particular thoroughness, because it is not just about refusal, but about the professionalism of an individual taken preventive justice.
Legal liability
First of all, any notary is professionally responsible. But, only the court has the right to establish the fact of the invalidity of the transaction or force a specialist to come to the client.
Liability is provided for in Section 17 of Law No. 4462-1, which may occur if it is proved that the notary's refusal was the reason for the failure of the transaction.
And, of course, moral responsibility. After all, any notary is a person and a given refusal may cause him certain mental discomfort. In addition, the client who received the refusal has the right to appeal to the court with a claim for compensation for non-pecuniary damage, because the notary violates the citizen’s right to qualified legal assistance in this case.
Issue price
How much does it cost to call a notary at home? Law No. 4462-1, in particular, article 25 obliges to set prices for relevant services annually. Moreover, for the Notary Chamber of each subject of the Russian Federation separately. These prices should not be higher than those established by the Federal Notary Office. You can get acquainted with them on the official websites of the chambers of each subject of the Russian Federation.
For example, the Decision of the Moscow Notary City Chamber established the following rates, which are valid throughout Moscow from January 01 of the current year:
Service | Cost, in rubles |
Departure to individuals | 5,000 |
| Departure for disabled people of I and II groups | 2,000 |
Departure to non-transportable persons | 2,000 |
Departure to legal entities | 10,000 |
Departure to the pre-trial detention center | 10,000 |
The prices for the notary's departure to the house were approved on December 4, 2018 by the decision of MGNP.
For some categories of persons benefits are provided. In particular, veterans and invalids of the Second World War are exempted from paying for any notary services, and visually impaired people should not pay for the service if an identity certificate of a handwritten signature is carried out. Group I invalids, minor heirs who are in orphanages, and children with disabilities have 50% discounts on all services.
How much does it cost to call a notary at home and what is the cost of the services themselves? So, for leaving a specialist of this profile you will have to pay at least 2 thousand rubles and, of course, you need to pay for the service itself. According to the same decision of MGNP, the issuance of a power of attorney for receiving social benefits and pensions will cost 1 thousand rubles, and at least 2.4 thousand rubles will have to be paid for making a will. For the preparation and certification of a marriage contract - 10 thousand rubles and so on. A full list of services and prices can be found on the official website of MGNP.
The cost of services of private practitioners
“Notary with home visits in Moscow” - this service is provided by many private notaries. However, it should be understood that it will be 1.5-2 times higher when compared with the situation when the client himself comes to the office. The price is affected by the remoteness of the client’s location, the time when the meeting is planned. In the evening, at night, on weekends and holidays, the cost is higher.
A notary at home for issuing a power of attorney in large cities will cost no less than 4 thousand rubles. In rural areas from 2 thousand rubles. Naturally, the state duty and the tariff for the service itself are not included in this cost. Therefore, at the negotiation stage, all these points should be clarified.
After notarial acts, the specialist is obliged to issue a receipt for payment.
Conclusion
Today, the service of calling a notary to a hospital, home or office is in demand. Many people save their time, and some do not have the opportunity to come to the office on their own. In turn, notaries rarely refuse clients to travel to their location, because the law obliges them to do so. In addition, in conditions of fierce competition, an honest name for a notary is one of the defining moments that allows you to stay on the market. It is no secret that in most cases such specialists are selected on the recommendation of relatives and friends, therefore, for each representative of preventive justice it is very important how clients respond to him.