The Federation Council on Friday approved the draft law “On amendments to certain legislative acts of the Russian Federation” adopted by the state Duma on December 23 at third reading. The law will enter into force after its signing by the President of the Russian Federation.
MOSCOW, Dec 28./strong>. Introduced into Russian legislation changes regarding expansion of powers of notaries will be a major step in protecting the lawful interests of citizens, protection of property rights and the development of modern procedures of civil turnover, according to the Federal notary chamber.
The Federation Council on Friday approved the draft law “On amendments to certain legislative acts of the Russian Federation” adopted by the state Duma on December 23 at third reading. The law will enter into force after its signing by the President of the Russian Federation. A number of the changes made by law changes applies to notarial acts and notaries public. In particular, the possibility of making by notaries of the notarial actions in electronic form.
“Now, the notary will request applicants to produce notarized documents in electronic form that will simplify the implementation of some rights of citizens and legal entities”, — stated in the press release the PNP.
An amendment to article 35 of the Family code establish the need for notarized consent of the spouses for transactions of assets that require state registration. “No need for notarized consent of the spouses on such transactions frequently used by the scammers or unscrupulous wife, intentionally violations of the rights of the other spouse,” said the PNP.
In addition, the agreement of partition of common property of spouses shall be mandatory notarial form. In accordance with the Family code, property division can only be done by agreement on the division of joint property or marital agreement.
As I lay in the PNP, legislators have also taken an important step toward the solution of problems of shared ownership to real estate in cases where as a result of inheritance, divorce, or other events resulting shared ownership housing split on “microdol” that cannot be separated in its natural form.
“The lack of regulation in the turnover of these microdelay and enjoyed “room raiders”. The law establishes the obligatory notarial certificate of transactions of purchase and sale of interests in real property, if these deals are made with outsiders. In addition, the notary is obliged to check the implementation of the right of pre-emption. Also, the new law stipulates that it is mandatory to be notarized transactions in respect of any immovable property of minors or persons under guardianship (incapacitated)”, — explained in the document.
The protection of the rights of the owners serve and make changes in FZ “About societies with limited liability” in terms of providing opportunities to the participants of these societies to negotiate an option agreement in respect of shares in the Charter capital of the LLC. “These changes will open up business opportunities to use modern mechanisms for option transactions, improve conditions for investment through the effective protection of property rights”, — stated in a press release.
In order to provide notary services for residents of remote regions of the Russian Federation will create a new Fund PPF — Fund for the support of the notary in sparsely populated and remote areas. “It means that the notaries themselves, without receipt of funds of state and municipal budget, will ensure the availability of notarial assistance to citizens on those territories where now the notary has no authority to hold notary office”, — stated in the message of the chamber.
The new law establishes the possibility to make notarial actions by officials of local government of rural settlements and municipal districts only for persons registered at the place of residence or place of stay in these settlements.
