Likbez: electronic notarial actions, buying an apartment by a foreigner, rent and maintenance agreements with dependents
Olga Kalenkovich, President of the Sevastopol Notary Chamber, answered the questions of the listeners of the “Legal Environment” program on the radio “KP-Sevastopol”.
Electronic notarial actions are becoming more popular
Recently, a lot of notarial acts are going digital. Please tell me if this is good or bad, what problems may arise.
— I can’t say whether it’s good or bad, it’s just that the notaries keep up with the times. Electronic notarial actions are a requirement of today. Moreover, notaries maintain an electronic register of notarial acts.
As for contracts that are made by two or more notaries, of course, this process is very convenient: no need to transfer powers of attorney, no need to go to another city. One citizen can be in the notary’s office, for example, in Syktyvkar, the second — in the notary’s office in Sevastopol. The contract is certified with visualization, that is, you see the second side of the transaction and the second notary. The parties sign the document with a simple electronic signature, and notaries with an enhanced qualified electronic signature. Every year this action becomes more and more popular. So, last year we had 39 contracts concluded in this way, and in the period from January to mid-March of this year — already 10 contracts.
For some, it is unusual that the original contract exists in electronic form on a flash drive. If a citizen wishes, a notary can make the equivalence of an electronic document on paper. But the main document, the original, is on a flash drive. It is very convenient if it is stored together with an extract from the USRN on the registration of rights, which is also prepared in electronic form.
If you need to issue consent to accompany a child, consent to a spouse to alienate or acquire an object of real estate, you contact a notary, he performs this action, converts it into electronic form and sends it to where you need to receive the document. This takes 2-3 minutes. A notary can also do the opposite: transfer from an electronic form to a paper one. It is very convenient to have both options on hand.
Soon we will be translating from one electronic document format to another electronic document format. We also perform such notarial actions remotely. Among them are the registration of a pledge of movable property, the issuance of extracts, and the execution of executive orders. The list of notarial actions that notaries already perform electronically includes 11 items.
All this happens very quickly, these services are very convenient and in demand. The only thing is that in this situation, notarial action is paid to two notaries. But if you calculate the cost of tickets and accommodation, it will come out much cheaper.
I correctly understood that a certain electronic register of all notarial actions is being maintained. How safe is it?
— Yes, all notarial acts are recorded in the electronic register. Our servers are located in Moscow, we have our own secure communication channels. Plus, each notary has a duplicated version on paper, in which people put their signatures, confirming the receipt of any document. Everything is highly protected!
There are no obstacles for foreigners to buy an apartment
What documents are required for married foreign citizens from Lithuania to conclude an agreement on the purchase of an apartment in Russia? Enough copies of the passport and marriage certificate certified by a Lithuanian notary with translation? Or do you need some other documents, for example, a certificate of income, information about the cost of an apartment, the consent of a spouse?
— Since Lithuania is another state, we do not have electronic interaction with it, and remote transactions are not carried out. Therefore, the notary of the Russian Federation will be able to certify the contract only on your passport, which must be in the original, and not in the form of a copy. If you are married, the consent of your spouse is required. This document can be certified by a Lithuanian notary, consulate or embassy of the Russian Federation in any state. You do not need to bring a marriage certificate. But if the notary, according to the rules of Lithuanian legislation, does not confirm or verify the fact of marriage, then the original certificate must be transferred to Russia. If it is in Lithuanian, it must be translated into Russian.
There are no restrictions on the purchase of an apartment for foreigners. But a foreign citizen cannot acquire a land plot in most of the municipal districts of Sevastopol, since most of the city’s lands are classified as border areas.
It is also important to take into account that the settlement under the sale and purchase agreement with a foreigner is carried out exclusively by bank transfer. This is the only restriction provided by the legislation on currency and currency regulation.
I think that in the future these actions can be performed at the consulates and embassies in these countries, because the consulate is also the territory of the Russian Federation. But so far, this possibility has not been enshrined in legislation.
Life annuity versus lifelong maintenance with a dependent: which is more profitable
Explain the difference between a life annuity contract and a life annuity contract with a dependent. Which one is better for the elderly?
— The contract for life annuity and the contract for life maintenance with a dependent are varieties of the same contract. But with life-long maintenance with a dependent, in addition to monthly cash payments, the landlord must provide those types of services that are provided for by the contract: wash, feed, wash, pay utility bills. All services that an elderly person wants to indicate in the contract — a grandmother or grandfather whom you take for maintenance, will have to be provided regularly.
And here it is important for an elderly person to think carefully, because everything that is indicated in the contract will be valid until the end of his life. If now you feel good, healthy and agree only to monthly payments — that’s great! But, over time, the situation may change, and changing the terms of the contract is possible only by mutual agreement with the person who supports you. You need to be prudent and specify in the contract the types of services that you want to receive.
So the difference between these two types of contracts is in the amount of obligations. Under a life-long maintenance agreement with a dependent, the one who maintains pays monthly two living wages per capita in the city of Sevastopol, plus provides services that the parties have agreed on. Under a life annuity agreement, an elderly person receives only financial support in the amount of one subsistence minimum established per capita. Also, this agreement may provide that the landlord pays part or the full cost of the apartment. At the same time, the right of ownership to the apartment passes to the owner immediately, but the imposition on the property There is a ban on alienation until the death of an elderly person. The grandmother or grandfather herself can live both in her former apartment, and together with the landlord — this is also stipulated in the contract. But it will not be possible to sell this apartment without her / his consent.
I repeat: any changes to such agreements are possible only by mutual agreement of the parties. And the termination of the transaction can be both by agreement and in court, in the latter case — only because of a violation of the terms of the contract. Therefore, in order to figure out what is best for an elderly person — a life annuity agreement and a life maintenance agreement with a dependent, I recommend that this person contact a notary, tell everything honestly, like a doctor, about his situation. The notary will answer all questions, explain the consequences of concluding each type of contract. And then you can decide which of the contracts is more profitable.
source: Komsomolskaya Pravda newspaper. Sevastopol» (authors — Tatyana SAUSHKINA, Alena MOTROI)
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