Certification of the authenticity of a signature may be necessary for both individuals and legal entities in the most different situations. You can certify the authenticity of a signature on almost any document you sign. Certification of the authenticity of signatures on documents is necessary if it is necessary to officially confirm that the document was signed by a certain person, both in cases expressly provided for by law and in other cases. In particular, it is common to testify to the authenticity of a signature in a situation where the signatory cannot personally confirm the signing of the document to the recipient of the document (when sending an application or other document by mail, with an authorized person, etc.).
Secondees will participate in their functions in the same offices as the owner and operate according to their protocol. The owner is directly responsible for maintaining the protocol and responds to the subscriber's actions as soon as they are receptive to his appreciation and concern.
At any time, with reasonable cause, they may change their signature and seal before registration. They are required to work diligently in the office and cannot be absent for more than eight days without the permission of the College of Notaries. In case of illness, absence or other temporary impediment, the holder who did not have an affiliate may propose in place of another holder of the same department or in his absence a member who will act in his replacement under the responsibility of the initiator and for a period of one year not to be renewed, after for which the owner has not accepted responsibility, it will be closed, except for justified health reasons, in which case the period may be extended for another year.
For individuals, this service is relevant, in particular, when it comes to applications in inheritance cases (on acceptance of an inheritance, refusal of it, etc.), sent by mail or otherwise transmitted to a notary without the personal appearance of the applicant, when signed by the founder legal entity applications for registration of a legal entity upon creation (if the founder does not intend to personally submit this application to the Federal Tax Service of Russia) and in a number of other cases.
Its removal or suspension may only be declared by the provincial executive for the reasons and in the manner prescribed by this law, upon the proposal of the Association of Notaries or the Court of Superintendent. The Agency or its legal designee will serve as Secretary.
Hear in one case cases caused by violations committed by notaries in the exercise of their functions, when the measure applied exceeds one month from the date of suspension. Know the degree of attractiveness of such reasons when the measure applied was less than a month of suspension and, in general, all resolutions of the Notary College. Include notarial records when legal proportionality permits it. Assign owners and subscribers, de-assign, and accept or deny rehabilitation.
For legal entities, the need to certify the authenticity of a signature is an integral stage of activity. Thus, the authenticity of the signature is evidenced on applications and notifications to the Federal Tax Service of Russia in connection with the registration of legal entities (including changes in information about a legal entity, in its constituent documents, etc.), on bank cards (if they are not certified by the bank itself) and etc.
Inspect the minutes through a member or official indicated in the manner and possibilities established by the notarial regulations. Issue of an application within thirty working days from receipt of the case. The Court's decisions will not admit the appeal. The College is composed of all notaries in the province. The organization, structure and functioning of the School will be regulated by notarial regulation, taking into account the grounds established by this law. Its bodies are an assembly, of which all the notaries of the province are a part, and a decision-making council, consisting of five members, among whom the offices of president, secretary and treasurer will be distributed.
In accordance with the requirements of Articles 42 and 43 of the Fundamentals, a notary, before certifying the authenticity of a signature, is obliged to establish the identity of the citizen whose signature is being certified and to check the authority of the representative if a representative of an individual or legal entity has applied for this action. For these purposes, the notary checks the citizen’s identification documents (most often a passport; identification documents are presented only in the original), as well as documents certifying the authority of a representative of an individual or legal entity.
There will also be two replacements who will replace operators in the event of a transitional or final impediment. Represented by notaries throughout the province. Monitor compliance with this law, notarial regulation and any other provision affecting the notary. Ensuring professional decorum, increasing the efficiency of notary services and strengthening compliance with the rules of professional ethics. Bring a professional registration. Dictate resolutions of a general nature, seeking to unify notarial forms and procedures, taking into account their technical improvement and maximum efficiency of service.
Documents required to certify the authenticity of signatures:
For a citizen ( individual):
· passport or other identification document.
For a representative of an individual:
· document on the authority of the representative: birth certificate of a minor child under 14 years of age - for his parents; document appointing guardianship - for guardians; power of attorney or other transaction containing a power of attorney - in most other cases.
To promote, in general, procedures that it deems appropriate to protect the rights and powers of notaries. Provide adequate facilities for the professional development of noatrios. Make decisions requested by judges, notaries and administrative authorities on issues related to the performance of notarial functions. Promote before government agencies the reform of legislation and any other measure related to the preservation and progress of the notarial institution. Report on applications for appointment of registers, attributed and rehabilitated holders.
For a representative of a Russian legal entity:
· passport or other identification document;
· the main constituent document (usually the charter) of the organization - the original, a copy certified by the tax authority, or a copy certified by a notary;
· extract from the register of legal entities (USRLE). It can also be received by the notary himself, if at the time of contacting him the service of the Federal Tax Service of Russia is working to provide electronic extracts from the Unified State Register of Legal Entities;
Organize background competitions for the appointment of registrants in the manner prescribed by notarial rules. Consulting on opening and closing registers. Resolve any issue regarding the application of the tariff and formulate opinions on this issue where necessary. Suggest to the Executive Power, Notary Regulations and its reforms. To provide the co-operation required by public authorities in all matters relating to the profession and to require from them the information necessary to achieve its purpose.
· protocol, decision or other document (in accordance with the provisions of the charter on the appointment of the sole executive body of the organization);
· an order for the appointment of a chief accountant, as well as other officials, whose signatures must be notarized;
· in case of certification of the authenticity of the signature of a representative of the management organization - similar documents of the management organization and the management agreement.
Interpret the application of this law, regulation and notary tariff, resolve specific cases that arise and dictate general rules. Decide that the school should be part of national or international notarial federations, as well as interprofessional groups. Design expenditure budgets and calculate resources, collect and collect rights that are appropriate to the College, manage their assets, appoint and remove personnel, enter into all types of contracts, including those that have as their object the acquisition, transfer or constitution of rights and carry out in in general, all legal acts that are necessary or convenient for the fulfillment of the purposes of the college or for the protection of their interests and rights.
If the authenticity of the signature of a representative of a foreign legal entity is certified, the notary checks the authority of the representative based on the system of confirmation of authority that is adopted in the relevant state. Supporting documents may include various types of extracts from trade, commercial and other registers; certificates issued by competent authorities, minutes of meetings of bodies of legal entities, powers of attorney, contracts, etc.
Act as a conciliatory authority on issues that may arise between notaries or between them and the parties. Make your request for the protection of notaries when they are affected in their investments or in the regular exercise of their functions. Entrust job summary or complaints about irregular procedures of notaries. Carry out fiscal actions in notary disciplinary cases that are handled by the Superintendent's Court. Provide licenses to notaries and accept replacements proposed by them.
By certifying the authenticity of a signature, a notary does not certify the facts stated in the document and the legality of its contents, but only confirms that the signature was made by a certain individual.
an official authorized by the state who has the right to perform notarial acts on behalf of Russian Federation in the interests of Russian citizens and organizations (legal entities).actions of citizens and legal entities aimed at establishing, changing or terminating civil rights and obligations.written authority granted by one person to another person to enter into a transaction with a third partyan agreement between two or more persons to establish, change or terminate civil rights and obligations.In accordance with the provisions of paragraphs. 6.2 clause 6 of chapter 7 of section II of the Procedure for performing notarial acts by notaries of Ukraine, a notary, while certifying the authenticity of a signature, does not certify the facts stated in the document, but only confirms that the signature was made by a certain person. Thus, signature authentication - this is confirmation by a notary; the signature on the document is made by the person indicated in the document. Wherein A notary is prohibited from certifying the authenticity of signatures on documents:
Draft standards of professional ethics that will be mandatory for all notaries once they are approved by the assemblies. Legalize the signature of its members on notarial documents that they authorize through directors, and establish and obtain the corresponding rights.
The Superior Court may appeal at any time from general resolutions issued by the College of Notaries. In such a case, the Superintendent's Court, following the report of the Board of Directors, must confine itself to the fact that the impugned decision has been issued or is invalid in whole or in part.
- Those that are in the nature of transactions (clause 6.1, clause 6, chapter 7, section P, The procedure for performing notarial acts by notaries of Ukraine).
It is important that the performance of a notarial act always occurs within the limits permitted by the current legislation of Ukraine. For example, a notary does not have the right to certify the authenticity of a signature on an application for a person’s relinquishment of parental rights. So, according to the provisions of Art. 164 of the Family Code of Ukraine, a mother or father can be deprived of parental rights only court. Thus, it is possible to authenticate a person’s signature on a statement of consent to the court depriving him of parental rights.
Up to ten thousand pesos of the national currency. Suspensions from ten days to six months. Suspension for an indefinite period. The summary must be completed within thirty working days. If the charge is not appealed or dismissed, a trial file will be ordered. If the authorized notary files an appeal within five days of the notice, they will be presented to the Court of Governors for its consequences.
A notary who does not comply shall be deemed to have resigned as owner or assigned, with the consequences provided for in this law. Subsequent renewals of the board of directors will be carried out in accordance with notarial regulations. The first council will last two years in its functions and successively, the period provided for by the notarial regulations.
It should also be borne in mind that in accordance with paragraphs. 6.3 clause 6 of chapter 7 of section II of the above-mentioned Procedure, the authenticity of the signature of a person who signed for another person who could not do this with his own hand due to a physical disability, illness or other valid reasons can be certified on a document. In this case, the notary establishes the identity of both the person who signed and the person for whom that person signed. Despite the impossibility of signing with one’s own hand, the person with whose participation the notarial act is performed must be personally present when it is performed and have the necessary knowledge of the civil case.
Silence will be interpreted as a refusal to continue notarial functions. In the notary service, the conditions of confirmation and authentication have the following prices. From page 5, add €1 to the amount to be paid. At national post offices: 18 euros.
On the page from the 5th inclusive, € 1 is added, up to 150 euros. Certification of documents for military or election purposes is exempt. Parish councils set their own price list and charge for signature certification services. At attorneys and barristers, prices are equally scattered.
According to paragraphs. 6.4 clause 6 of chapter 7 of section II of the Procedure for performing notarial acts by notaries of Ukraine, a notary cannot certify the authenticity of an individual’s signature on a document that states circumstances, the right to certify which belongs only to the relevant government body (time of birth, marriage, death, presence of illness, disability , property rights, etc.). The authenticity of the signature on the specified document can be certified if the document is intended to be submitted to the competent authorities of another state. For example, in the case of registering a marriage of a citizen of Ukraine with a citizen of another state, according to the legislation of most countries, it is required statement, the authenticity of the signature on which is certified by a notary, stating that the person is not in a registered marriage in the country of his citizenship.
According to clause 7 of Chapter 7 of Section II of the Procedure for performing notarial actions when certifying samples of signatures of officials of legal entities on cards submitted to the National Bank of Ukraine, commercial banks for the purpose of opening accounts, the notary checks the scope of the legal capacity of the legal entity, the authenticity of the signatures of officials and their powers for the right to sign. To confirm the authority to sign, the notary is provided with a copy of the order of appointment to a position or a copy of the protocol on the election of an official, a power of attorney addressed to the manager, issued by the highest management body of the legal entity, etc. It should be noted that verification of the legal capacity of a legal entity, as well as the powers of its representative, must be carried out by a notary even in the case of certifying the authenticity of the signature of the representative of the legal entity on any other documents. The authority of a representative to sign the relevant document on behalf of a legal entity must be expressly provided for in the document confirming his authority. It is important that in accordance with Part 1 of Art. 241 of the Civil Code of Ukraine, a transaction made by a representative in excess of authority creates, changes, terminates the civil rights and obligations of the person he represents, only if the transaction is subsequently approved by this person. Thus, the legal result of performing a notarial act outside the authority of the representative may be the occurrence of the consequences that were stipulated.
As noted above, when certifying the authenticity of a signature, a notary certifies the facts stated in the document, but only confirms that the signature was made by the appropriate person. That is, the text of the document, its contents, including all the facts that are stated in it consist of the person signing such a document. At the same time, according to the provisions of Art. 5 of the Law of Ukraine “On Notaries”, a notary is obliged to assist citizens, enterprises, institutions and organizations in the exercise of their rights and protection of legitimate interests, explain rights and obligations, warn about the consequences of performed notarial actions so that legal ignorance cannot be used to their detriment . Thus, When certifying the authenticity of a signature, the notary must explain to the person the legal consequences of this notarial action.