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Laws are signed: notariat will help with debt disputes, will verify authenticity of the letter of authority, and notarial rates will be included into the unique system

05th July 2016  
The president of Russia Vladimir Putin has signed Federal laws No. 332-FZ and 360-FZ which broaden the competence of notary. The notary writ will become the effective instrument of relations settlement between creditor and borrower, authenticity of the letters of authority can be verified on the Internet, the system of notarial rates will become even more convenient for citizens.

Additional service is offered to entrepreneurs too, and citizens can choose a notary in the place convenient to them for the certification of real estate transactions. These laws develop a consistent policy of the legislator who trusts the notariat the solution of problem tasks of ensuring stable civil circulation. 

1. Verification of letters of authority. According to provisions of the Federal law 332-FZ, the Federal notarial chamber creates an online service which will allow the state and municipal authorities within rendering the state and municipal services by them to verify the authenticity of the power of letter of authority. In response to the request sent by them in the Unique information system of notariat with the enclosed scan of the presented letter of authority, next day they will receive the message whether the contents of the provided document corresponds to the original of the letter of authority which is kept in the system. 

It’s worth to be noted that the law has provided the public status for the Register of the annulled letters of authority which already works on the website of the Federal notarial chamber. If earlier the mandator had to inform independently all the parties in interest on the fact of cancellation of the letter of authority by him: to bear postage expenses, to spend time and forces, or to pay for the publication in the newspaper, now it is enough to certificate the cancellation of the letter of authority at any notary office. Next day data on cancellation of the letter of authority will appear in the register, will be available to any citizen who makes request according to the number of this letter of authority, and according to the law it is considered that all the interested persons are notified on cancellation of this letter of authority. 

2.Rates for services of legal and technical nature. According to the same law, the united system of tariffing of services of legal and technical nature has found a binding force which is earlier realized by the Federal notarial chamber in an initiative order which are paid when making notarial action. This rate was established earlier by notarial chambers of subjects of the Russian Federation independently who anyway aimed to consider realities of the region to keep availability of notarial actions to the population, at the same time providing a possibility of self-financing of notarial activities in the region. The Federal notarial chamber together with the leading economic institutes has conducted large-scale researches and has developed economically reasonable and transparent principle of limiting calculation of the rate of services of legal and technical nature for each notarial action for each certain region of Russia. It relies on a number of indicators, including the minimum living wage in the region, costs for making of notarial action and some other parameters.

According to the law, the Federal notary chamber will annually establish the extreme size of these rates for each region, and regional notarial chambers will establish rates which will not be able to exceed the size established by the Federal notary chamber. All these data, according to the law, since January 1, 2017 will be published on the Federal notary chamber website and on the websites of regional notarial chambers. Already now a number of regions has brought the rates into accord with recommendations of the Federal notary chamber, on a number of notarial actions the rates have been lowered. So, in Moscow for 40%, the rate for services of legal and technical nature in case of the certification of transactions on alienation of shares in real estate has decreased to 5 000 rubles. As the president of the Federal notary chamber Konstantin Korsik has noted, “the united system of tariffing of services of legal and technical nature not only will make notarial rates in all regions economically reasonable and clear for all citizens, but will emphasize a responsible position of the notariat which aims to provide available highly skilled legal services in any region, irrespective of specific aspects of economic and social situation in it”.

3. Notarial writ of execution. The federal law 360-FZ provides the extension of the list of application of notarial writ of execution in order to unload courts, to return a situation with settlement of the debt relations to a legal framework, to provide banks, and also citizens and legal entities a possibility of the operational and legal decision of problems of non-payment of debts.

So, according to the law, in case of non-execution of the obligations by the debtor, the creditor will be able to address without long and expensive judicial process to the court marshals if the corresponding notarial writ of execution on the credit agreement is put down by the notary. According to the law, the creditor should warn in advance the debtor that he will address the notary for making of the notarial writ of execution. Then, in case of his visit the notary checks the fact of the notification of the debtor, verifies the provided documents confirming debt and makes an executive writ based on which the court marshal can turn claim to the property of the debtor. Along with making of an executive writ the notary is obliged to notify the debtor on this fact, having specified the size of the amount to be collected. The debtor, in case of the disagreement, can appeal against these actions through the court. It is important to note that only the amount of debt and percent on it, together with the rate for making of an executive writ are subject to collection by the executive writ of the notary, but not fines and a penalty fee which in case of such collection are cancelled. If the debtor takes a legal action then the creditor will be able to demand the payment of penalties. It means that judicial contestation in obviously losing situation is less profitable to the debtor who in case of collection by the executive writ saves penalties and a penalty fee.

This provision of the law will help fight against arbitrary behavior of collectors as the court marshal acts in strict accordance with the law, at the same time the rights of debtors are regulated by the law, as well as the creditor’s rights. Banks will be able to address the notary if the credit agreement provides a possibility of the out-of-court collection. As well citizens will be able to request the debts from non-payers if they have certificated the loan agreement or the purchase and sale agreement at the notary in advance. These provisions do not extend to mortgage agreements.

The rate for making of an executive writ is determined in Bases of the legislation on notariat of the Russian Federation and constitutes 0,5% of the cost of the claimed property, but at least 1 500 rubles. That is for collection on the amount of 300 000 rubles the rate will constitute just 1 500 rubles.

4.Participant lists of Ltd company. Also for entrepreneurs new law has provided a new notarial service. The participant list of Ltd company can be kept not only at the CEO of the organization, but also at the notary — within the Unified information system of notariat. By July 1, 2017 the corresponding register will be created by analogy with the register of notifications on pledges on personal estate, a notary at the request of participants of society will enter the data on participants of Ltd company which include not only data on accessory of shares, but also data on their payment and other data.

Now in case of death or, for example, fraudulent disappearance of the CEO of Ltd company it’s impossible to receive documents with the participant list of society and data confirming the payment of shares by them. Respectively it’s impossible to carry out the transaction with the shares or other significant actions for participants of society. If the CEO was the unique participant of Ltd company, then, in case of, for example, his death, there are problems with receipt of data for registration of inheritance. 

According to the decision of the legislator, in case of storage of these information about participants of Ltd company in Unified information system of notariat it will be always available to participants of society, and the owner of a share in Ltd company will be always insured from the described problems which arise in case of disappearance or death of the CEO of the organization. This notarial service will cost 600 rubles for the introduction of one record.

5. The certification of real estate transactions at any notary within the region. Also, one new law, which is important for the citizens, should be noted according to which restriction for the certification of the purchase and sale agreement of real estate by a notary is cancelled, earlier it required making of such certification by the notary where the real estate located. Now it is possible to address to any notary within the territorial subject of the Russian Federation.