Any actions performed by notaries are subject to registration in a special register under the corresponding number. This number is indicated in the credentials and on all copies of the document being drawn up. Registration by the notaries of their actions is the most important feature that distinguishes notarial activity from any other. Due to the specific nature of the work of these individuals, the Ministry of Justice and the Federal Notary Chamber jointly approved the Rules for Notarial Record Keeping. In the article we will consider the main of them.
Structure of activities
Notarial paperwork includes several areas:
- Registration of notary actions. Officials are required to strictly follow the registry.
- Making inscriptions certifying legal facts, drawing up notarial certificates.
- Conducting notarial office work. It includes the design of books, magazines, outfits and other legally relevant documents. This activity is regulated by the Instructions for notarial office work, approved by order of the Ministry of Justice of the RSFSR in 1976. This regulatory document, despite the fact that it was adopted in Soviet times, remains valid and is used today by both private practitioners and state notaries.
The control over the implementation of the Notary Record Keeping Rules by state offices is vested in the Ministry of Justice. The verification of private notaries is carried out by the same department, but together with the notarial chambers.
Features of register maintenance
According to the Rules of Notarial Record Keeping, all registries are laced up, and their sheets are numbered. The number of sheets is certified by the signature of the competent official of the justice authority in the relevant notarial district and sealed. The number of pages in the registers of a private notary public is signed by the official of the chamber, of which the notary is a member, as well as an employee of the Federal Tax Service, located at his place of business.
With the permission of the chamber or body of justice, several registries are allowed. In this case, each document receives an independent index. On documents, numbers are indicated as follows: No. 1-1, No. 1-2, No. 2-1, etc. The first digit indicates the index number, the second is the serial number of the record.
If independent registries are intended for fixing notarial acts of a certain type, a letter pointing to them must be added to the index. For example, No. 1K is used to certify fidelity of copies, No. 3I is used to record the executive inscription, and No. 4H is used to register the inheritance certificate. The numbers on the documents will look like this: No. 1K-1, No. 3I-2, No. 4N-3, etc.
Registry structure
The document contains 7 columns. The first is intended to indicate the serial number of the notarial action. Numbering starts from the new year and is carried out during it. In each subsequent registry, it continues. The registration number of the action and the calendar number reflected in the 2nd column must coincide with the data indicated on the documents.
Before registration, the identity of the applicant must be established. In this regard, the third column records data on the person and his place of residence. A representative may act on behalf of the applicant. In this case, the graph shows them F. I. O.
Before the certification of transactions and some other legal events, the notary must verify the legal capacity of the applicants. To do this, an identity document is required. The fourth column bears such a name. It reflects the details of the relevant document, the year of birth of the applicant, thereby confirming his legal capacity.
The fifth column contains a description of the notarial action. The Federal Law "On Notaries" admits situations when a copy of a document issued remains in the notary's office. In such cases, its contents in the register may not be given, but the name should be indicated briefly. For example, the column may indicate "Testament", "Deed of Gift", etc.
The sixth column records the amount of the state duty or tariff, the amount of which corresponds to it. At the same time, the amount of deductions for the commission of legally significant actions and the preparation of documents is separately given. If a document or an applicant provides for the possibility of exemption from payment of state duty by law, the relevant information should be contained in column 6. In such situations, the subjects to whom documents are issued indicate in the seventh column that they received them for free.
In accordance with the Rules of Notarial Record Keeping, changes and corrections in documents must be specified by a notary. Registers should be kept neatly. Shading and cleaning are not allowed. If mistakes were made in the numbering, a special act is drawn up, fixing the corresponding fact. He is attached to the registry. Free lines in the document are crossed out. There should not be blank columns in the registry.
Document management in notarial office work
One of the main documents issued by a notary public is a certificate certifying the right to inheritance. It is prepared on a blank sheet or a special form. The notary uses seals and stamps when certifying certificates in accordance with the Instruction. The content of the documents is presented in the forms approved by the Ministry of Justice.
The certificate certifying the right of inheritance necessarily describes the composition of the property, provides its assessment. If property is transferred to successors, its address is indicated. In the case of inheritance of cash deposits, their value is not given.
When inheriting property in respect of which protective measures have been implemented, the certificate may contain a reference to the inventory compiled by a notary. In this case, the date of the inventory and the value of the values are indicated. If the property contains items for which the ownership right may arise only after state registration, certificates for them are issued separately or the corresponding objects are indicated separately.
In case of succession by will of several successors to specific values, the notary document indicates the items that are transferred to each person and their evaluation. I must say that in modern practice, one certificate for several heirs is practically not issued. It does not matter how the succession is carried out - according to the law or testament, specific things are indicated or not or the property is inherited in shares. The fact is that a certificate is a title document. Citizens often have problems registering rights when they are with someone alone. Today, notaries, as a rule, issue a certificate to each successor for specific values, share or type of property.
Property Inheritance
As part of the notarial office work of the Russian Federation, the issuance of certificates certifying the transfer of immovable objects and vehicles from the owner to the successors is carried out in compliance with special requirements.
So, the contents of the document indicate:
- The size of the cottages, apartments, houses, land allotment.
- Living and usable area.
- Outhouse, household and commercial buildings.
- The address at which the object is located.
- The document according to which the testator owns the property.
- Information about the assessment. They are given in accordance with the BTI certificate.
The certificate must contain an indication of its mandatory registration at the address of the property.
Certificate of fact
When this notarial act is committed, a certificate is also issued. When issuing it, several features should be taken into account. If the fact was not verified at a notary's office, you must indicate the exact address where the action was taken. The name of the medical institution must be provided if the documents are certified there.
Notarial acts regarding minors
When issuing certificates it is necessary to indicate that a citizen who has not reached the age of 18 has appeared accompanied by his parents. If a minor came to a notary with a guardian or trustee, then the words "father (mother)" are replaced by the corresponding words. At the same time, the certificate indicates that the identity of the entities is established, and the fact of the appointment of a person as a guardian / trustee is verified.
Submission of application
A certificate proving this fact may be stated on the back of the copy. If the applicant asks to reflect the content of the response or indicate that no response has been received, the relevant information is also entered into the property. The wording may be as follows: "The following response has been received to the application from" __ "_______ on 20___" or "Response to the application before" __ "_______ on 20___ has not been received."
Certification inscription
When receiving documents for storage, the notary must draw up their inventory. She is endorsed by the person who submitted the documents, and by the notary public. The list must be sealed with a certificate of acceptance of papers.
According to the basics of notarial office work, documents are recognized as finalized only after the certification mark and sight. After that, the action performed by a notary is subject to registration in the registry.
The contents of the certification label may be typed by an official on a computer, written neatly by hand, or affixed with a mastic stamp. The text should clearly and clearly indicate the name and initials of the notary public, the name of the office. The Federal Law "On Notary" allows the use of special stamps with the name of the notary.
As a rule, a certification label is stated on the front of the document. However, it may also be present on the flip side. In the first case, the notary puts a dash in front of the inscription on the back of the document. In the second - on the front side, a part of the name of the settlement where the office is located is indicated, and on the back - the rest of the name.
If the inscription on the document does not fit, it can be stated on a separate form attached to the certified paper. In this case, all sheets must be laced, and their number is certified by the seal and signature of the notary.
Transaction certificate
In the text of powers of attorney, contracts, wills, the date of commission shall be indicated in words. In this regard, the calendar number may be abbreviated in the content of the certification inscription. For example, April 1, 2018
If the parties have provided the contract, duly executed and signed, the notary does not indicate in the inscription that the agreement was signed in his presence. Instead, the following wording is used: "The parties have confirmed that they have signed a contract." This requirement applies to any documents endorsed by persons not in the presence of a notary.
If a citizen who asked for a notarial act cannot sign the document due to illness or for other reasons, another person can do it for him. This fact is necessarily reflected in the certification inscription. Nowadays, citizens are often asked to immediately translate a document. In such situations, the notary indicates the completion of 2 notarial acts in the certification inscription.
Issue of duplicate certified documents
Notaries provide extracts from registers at the written request of the person concerned, in relation to or on whose behalf the action was taken, at the written request of the court (arbitration, incl.), Bodies of inquiry / investigation, prosecutors.
In case of loss of issued or certified documents, their duplicates are drawn up. Notaries draw up duplicates of wills received from individuals authorized to certify them in accordance with applicable law.
The issuance of documents in exchange for the lost is carried out in compliance with legal provisions regarding the confidentiality of notarial acts. The duplicate must contain the full text of the certified paper. It must also have a certification inscription.
The law allows the issuance of a duplicate will to the testator. After his death, a document is provided to the heirs upon presentation of the death certificate by them. If the successors indicated in the will have died, a duplicate shall be issued to their heirs. Moreover, they must provide the island of death of the original testator and his heirs. If necessary, papers are presented confirming family ties with the testator.
Office work of private notaries
It is carried out according to the same rules that are provided for state notaries and are fixed in the Instructions. Organization of paperwork by notaries in accordance with applicable standards is essential for the proper performance by notaries of their obligations.
Each office, each private practicing official should keep records of documents and monitor their implementation. For this, it is necessary to keep journals of incoming and outgoing correspondence, a handbook for internal papers, a book of complaints and suggestions, a control card file or a folder.
The head is responsible for the proper organization and conduct of business in the state office. For the correct workflow of a private notary public, he is responsible. Moreover, he is entitled to appoint another person in charge if there are other officials or their assistants in the office.
Service documents
Their preparation is carried out in accordance with the rules approved by the Ministry of Justice, the requirements of normative acts of the USSR and the RSFSR, which have remained valid. This provision also applies to the maintenance of registers, paperwork, including on actions abroad.
When preparing organizational and administrative documentation, officials must be guided by the Instructions for paperwork, comply with the provisions of the Unified State Records Management System.
On any paper the name is indicated (certificate, order, report, etc.), as well as the title. It is formulated directly by the compiler and should be concise, accurately reflecting the content of the text.
When writing an address, a number of requirements must be observed. So, the document must contain information about the recipient. The name of the institution (its unit) is given in the nominative case, and F. I. O. and the position of the addressee in the dative. After the name is indicated the postal address.
The calendar day and year in the date are indicated in numbers, and the month in words. If a blank sheet was used to compile a document, rather than a form, the date is put down below the left side below the signature. It includes the name of the position of the citizen signing the paper, and the decryption of the signature.