ORDER OF THE MINISTRY OF JUSTICE OF THE RUSSIAN FEDERATION

of February 7, 2020 No. 13

About modification of the Procedure for maintaining registers of unified information system of notariate approved by the Order of the Ministry of Justice of the Russian Federation of 17.06.2014 No. 129

According to part six of Article 34.3 of Bases of the legislation of the Russian Federation on notariate of 11.02.1993 No. 4462-1 (Sheet of the Congress of People's Deputies of the Russian Federation and Supreme Council of the Russian Federation, 1993, No. 10, Art. 357; The Russian Federation Code, 2015, No. 1 (h 1), 10) I order to the Art.:

Make changes to the Procedure for maintaining registers of unified information system of notariate approved by the order of the Ministry of Justice of the Russian Federation of 17.06.2014 No. 129 (it is registered by the Ministry of Justice of the Russian Federation 18.06. 2014, registration No. 32716), with the changes made by orders of the Ministry of Justice of the Russian Federation of 29.06.2015 No. 159 (30.06.2015, registration No. 37821) is registered by the Ministry of Justice of the Russian Federation, of 28.12.2016 No. 323 (30.12.2016, registration No. 45075) is registered by the Ministry of Justice of the Russian Federation, of 28.04.2017 No. 69 (it is registered by the Ministry of Justice of the Russian Federation 15.05. 2017, registration No. 46736), of 21.12.2017 No. 267 (26.12.2017, registration No. 49457) is registered by the Ministry of Justice of the Russian Federation, of 29.06.2018 No. 137 (it is registered by the Ministry of Justice of the Russian Federation 09.07. 2018, registration No. 51568), of 28.06.2019 No. 125 (it is registered by the Ministry of Justice of the Russian Federation 04.07. 2019, registration No. 55152), according to appendix.

Appendix

to the Order of the Ministry of Justice of the Russian Federation of February 7, 2020 No. 13

Approved by Board decision of Federal notarial chamber of January 20, 2020 No. 01/20

The changes made to the Procedure for maintaining registers of unified information system of notariate approved by the Order of the Ministry of Justice of the Russian Federation of 17.06.2014 No. 129

1. The paragraph the fourth Item 9 of the Procedure for maintaining registers of unified information system of the notariate approved by the order of the Ministry of Justice of the Russian Federation of 17.06.2014 No. 129 (further - the Procedure) to add with words ", and also provides possibility of provision of open and public data, stipulated in Item 2 parts one of Article 34.4 of the Bases containing in the register of notifications on pledge of personal estate on the inquiries sent use of the federal state information system "Single Portal of the State and Municipal Services (Functions)".

2. In the paragraph the second Item 10 of the Procedure for the word "the head of local administration or specially the authorized officer of local self-government" shall be replaced with words "the official of local self-government specified in part four of Article 1 of Bases (further - the official of local self-government),".

3. In the paragraph the second Item 26 of the Procedure for the word "the head of local administration or specially the authorized officer of local self-government" shall be replaced with words "the official of local self-government".

4. Items 30 - 31.1 Procedures to state in the following edition:

"30. The official of local self-government represents to notarial chamber of the subject of the Russian Federation data on the certificate or cancellation of the power of attorney, stipulated in Article 37 Bases, according to appendix No. 2 to the Procedure.

The official of consular establishment represents to Federal notarial chamber of the data on the certificate or cancellation of the will or power of attorney according to appendix No. 3 to the Procedure.

31. The data on the certificate or cancellation of the power of attorney specified in appendix No. 2 to the Procedure, stipulated in Article 37 Bases which are made by the official of local self-government are entered in the register of notarial actions of EIS by the employee (workers) of notarial chamber of the subject of the Russian Federation authorized on that within two working days from the date of their receipt and signed by the strengthened qualified digital signature of such worker.

Data are represented to notarial chambers of subjects of the Russian Federation by body in which the official of local self-government who made notarial action according to the certificate or cancellation of the power of attorney, stipulated in Article 37 Bases works, in electronic form, signed by the strengthened qualified digital signature of such official.

31.1. The notarial chamber of the subject of the Russian Federation by the automated method with use of means of EIS exercises formatno-logical control of data on the certificate or cancellation of the power of attorney, stipulated in Article 37 Bases, the official of local self-government, and also check of compliance of the digital signature of the official of local self-government to requirements of the legislation of the Russian Federation governing the relations in the field of use of digital signatures.".

5. In Item 32 of the Procedure for the word "appendix No. 2" shall be replaced with words "appendix No. 3".

6. "Part one of Article 34.4 of Bases" to add Procedure Item 55 after words with words ", including on the inquiries sent use of the federal state information system "Single Portal of the State and Municipal Services (Functions)".".

7. The paragraph one of Item 2 of appendix No. 1 to the Procedure to state in the following edition:

"2. Body in which the official of local self-government who made notarial action according to the certificate or cancellation of the power of attorney, stipulated in Article 37 Bases works data on the certificate or cancellation of the power of attorney in electronic form in the form of the XML file signed by the strengthened qualified digital signature of the official in the PKCS#7 format go to notarial chamber of the subject of the Russian Federation (the separated digital signature in the coding DER).".

8. To state appendix No. 2 to the Procedure in the following edition:

"Appendix № 2

to the Procedure for maintaining registers of unified information system of notariate

Data on the certificate or cancellation of the power of attorney, stipulated in Article 37 Bases represented by the official of local self-government

Treat the data on the certificate or cancellation of the power of attorney, stipulated in Article 37 Bases represented by the official of local self-government:

1) number of registration of notarial action in the register of registration of notarial actions on paper;

2) registration date of notarial action in the register of registration of notarial actions on paper;

3) the information about person (persons) who addressed (addressed) for making of notarial action:

a) about physical person (including: person, from name or at the request of which notarial action is made; person who is taking part in making of notarial action as the witness, the translator): surname, name, middle name (in the presence) citizen; birth date (number, month, year - the Arab figures); residence; details of the identity document of the citizen (the name of the document, series and number, date of issue, the name of the body which issued the document); insurance number of the individual ledger account (in the presence). Concerning the foreign citizen or the stateless person these data shall be duplicated by letters of the Latin alphabet (except as specified if in identity documents, letters of the Latin alphabet in writing of data on name are not used);

b) about the legal entity, from name or at the request of which notarial action is made: full name according to constituent documents; the location and details of state registration of the legal entity (number, registration date and the body which performed state registration), the primary state registration number of the legal entity and identification taxpayer number - for the Russian legal entity; registration number of the legal entity in the country of its registration (in the presence) - for the foreign legal entity or the international organization having the rights of the legal entity;

c) about the representative of physical person or legal entity (including, the parent, the adoptive father, the guardian, person acting by proxy), in addition to the data listed in subitems "an" and "b" of this Item are specified: details of the document confirming powers of such person (the name, date of issue by whom it is issued, data on the certificate of the document if it is certified); the status and (or) position of this person in case of their availability; details of the document confirming this status or position (the name of the document, series (in the presence) and number, date of issue and the name of the body which issued the document);

d) about persons who are taking part in making of notarial action as person signing the document instead of person who cannot undersign with own hand - in addition to the data listed in the subitem " the reason for which person who addressed for making of notarial actions, cannot undersign with own hand is specified.

If several persons addressed for making of one notarial action, the data specified in subitems "an" and "b" of this Item are specified concerning each of these persons. If one person addressed for making of several notarial actions, data are specified in case of registration of each notarial action;

4) type of notarial action with indication of the name of notarially processed document: certificate of the power of attorney, cancellation of the power of attorney;

5) content of notarial action (in case of the certificate of the order of cancellation of the power of attorney, data on the repealed power of attorney (in the presence): date and number of registration of the repealed power of attorney in the register of notarial actions of EIS, the information about person who certified the repealed power of attorney), and also date and number (in the presence) the power of attorney issued in simple written form;

6) the information about the official of local self-government who made notarial action: surname, name, middle name (in the presence), position of such person, name of local administration or local government body, name of the subject of the Russian Federation;

7) data on payment for making of notarial action:

a) the amount (figures) of the state fee (notarial rate), collected for making of notarial action;

b) the amount (figures) of the state fee (notarial rate) for making of notarial action which is not collected in connection with provision of privilege in case of the request for making of notarial action according to article 333.38 of the Tax Code of the Russian Federation <*> and the basis of exemption of the state fee (notarial rate);

--------------------------------

<*> Russian Federation Code, 2000, No. 32, Art. 3340; 2019, No. 22, Art. 2664.

c) the amount (figures) of the state fee (notarial rate) returned fully or partially on the bases and according to the procedure, the provided articles 333.25 and 333.40 of the Tax Code of the Russian Federation <*> and document details (series, number, date of issue and the name of the body which issued the document) based on which the state fee (notarial rate) returns;

--------------------------------

<*> Russian Federation Code, 2000, No. 32, Art. 3340; 2019, No. 39, Art. 5375.

8) special marks (for example, data on the change made to notarially processed document, the reasons (basis) of modification and nature of change; the fact of the certificate of the transaction with participation of restrictedly capable person, the minor, person signing the document instead of person who cannot undersign with own hand; the fact of making of notarial action on reduced rate).".

9. Add the Procedure with appendix No. 3 of the following content:

"Appendix No. 3

to the Procedure for maintaining registers of unified information system of notariate

The data on the certificate or cancellation of the will or the power of attorney provided by the official of consular establishment

Treat the data on the certificate or cancellation of the will or the power of attorney provided by the official of consular establishment:

1) number of registration of notarial action in the register of registration of notarial actions on paper;

2) registration date of notarial action in the register of registration of notarial actions on paper;

3) information on person (persons) who addressed (addressed) for making of notarial action:

a) physical person (including: person, from name or at the request of which notarial action is made; person who is taking part in making of notarial action as the witness, the translator, the testamentary executor): surname, name, middle name (in the presence) citizen; birth date (number, month, year - the Arab figures); residence; details of the identity document of the citizen (the name of the document, series and number, date of issue, the name of the body which issued the document); insurance number of the individual ledger account (in the presence). Concerning the foreign citizen or the stateless person these data shall be duplicated by letters of the Latin alphabet (except as specified if in identity documents, letters of the Latin alphabet in writing of data on name are not used);

b) the legal entity, from name or at the request of which notarial action is made: full name according to constituent documents; the location and details of state registration (number, registration date and the body which performed state registration) of the legal entity, the primary state registration number of the legal entity and identification taxpayer number - for the Russian legal entity; registration number of the legal entity in the country of its registration (in the presence) - for the foreign legal entity or the international organization having the rights of the legal entity;

c) the representative of physical person or legal entity (including the parent, the adoptive father, the guardian, person acting by proxy), - in addition to the data listed in subitems "an" and "b" of this Item are specified: details of the document confirming powers of such person (the name, date of issue by whom it is issued, data on the certificate of the document if it is certified); the status and (or) position of this person (in case of their availability); details of the document confirming this status or position (the name of the document, series and number, date of issue and the name of the body which issued the document);

d) person who is taking part in making of notarial action as person signing the document instead of person who cannot undersign with own hand - in addition to the data listed in the subitem " the reason for which person who addressed for making of notarial actions, cannot undersign with own hand is specified.

If several persons addressed for making of one notarial action, the data specified in subitems "an" and "b" of this Item are specified concerning each of these persons. If one person addressed for making of several notarial actions, data are specified in case of registration of each notarial action;

4) type of notarial action with indication of the name of notarially processed document: certificate of the power of attorney, cancellation of the power of attorney, certificate of the will, cancellation of the will;

5) content of notarial action (in case of the certificate of the order of cancellation of the power of attorney or the order of cancellation of the will, data on the repealed power of attorney or the will (in the presence): date and number of registration of the repealed power of attorney or the cancelled will in the register of notarial actions of EIS, the information about person who certified the repealed power of attorney or the cancelled will), and also date and number (in the presence) the power of attorney issued in simple written form);

6) the information about the official of consular establishment of the Russian Federation who made notarial action: surname, name, middle name (in the presence), position of such person, name of consular establishment, name of the country of finding of consular establishment;

7) data on payment for making of notarial action:

a) the amount of the collection collected by the official of consular establishment of the Russian Federation according to the procedure, established by the legislation of the Russian Federation;

b) the amount (figures) of collection which is not collected by the official of consular establishment of the Russian Federation in connection with provision of privilege in case of the request for making of notarial action according to the procedure established by the legislation of the Russian Federation;

8) special marks (for example, data on the change made to notarially processed document, the reasons (basis) of modification and nature of change; the fact of the certificate of the transaction with participation of restrictedly capable person, the minor, person signing the document instead of person who cannot undersign with own hand; the fact of making of notarial action on reduced rate).".

 

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info