Notary Law: changes from 2018
The reform of the Russian notary, begun last year, is gaining momentum - since the beginning of the year, parliamentarians have already made several important changes to the laws regulating the activities of notaries. Let's try to understand what has changed and what else to expect in this area in 2018.
Ministry of Justice has finally transferred notaries to electronic document management. Any notarial actions must now be registered in the Unified Information System (EIS) under the automatically assigned number. However, the paper registry will not go anywhere - it will duplicate the electronic one in order to protect it from errors and illegal corrections.
According to officials from the Federal Notary Chamber, the new registry contains more information about customers and allows you to verify the authenticity of documents much faster and easier - and also restore them in case of loss. The new order of paperwork began on January 1 in all regions of the country.
Since June, notaries have also been given the functions of escrow agents: now any person can transfer to their custody not only money and securities, but also other movable property. Upon the occurrence of certain conditions, for which the notary will follow, it will be transferred to another person specified in advance.
Such an alternative to a bank cell is especially convenient when carrying out important transactions - for example, when selling real estate. The buyer gives money to the notary, and that one to the seller, but only after the state registration of the transaction. Tariffs for such operations are the same as for deposits: 0.5% of the accepted amount or the market value of the property, but not less than a thousand rubles.
In order to deposit, each notary was obliged to open a public deposit account by the end of June, and only in Russian credit institutions with a net worth of at least 20 billion rubles - and independently monitor the bank’s capital adequacy. Such measures should ensure the complete safety of depositors' funds.
In late July, the State Duma, in its final reading, adopted amendments to the rules for state registration of real estate and the “Fundamentals of Notary Law”, which clarified the procedure for filing documents and submitting them to the Federal Register,requirements for notary offices and notary sites and a number of other aspects of the activity.
Now, a new obligation is assigned to the notaries - after the real estate transaction, no later than the end of the working day, submit an application for its state registration and all necessary documents to the Federal Registration Service. This means that citizens now do not need to go to the MFC or use the services of intermediaries - the rights will be registered in one day.
Moreover, the application service ceases to be an independent notarial act and is included in the list of actions to certify a transaction - accordingly, it becomes free and does not require separate clarification. According to the authors of the new law on the notaries, this will increase the security of citizens and make notarial procedures more convenient.
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