Notarization of a legal transaction is performed by a notary or other official who, in accordance with the law, has the right to perform such action. This is done by affixing a notarial inscription to the transaction (Part 2 of Article 209 of the Civil Code of Ukraine). In case of non-compliance by the parties with the requirement of the law on notarization of the transaction , such a transaction is void (Part 1 of Article 220 of the Civil Code of Ukraine).
As a general rule, transactions require notarization only in cases provided by law (part 1 of Article 209 of the Civil Code of Ukraine).
At the same time, at the request of an individual or legal entity, such notarization may be carried out in other cases. Such agreements, taking into account the provisions of Part 3 of Article 640 and Part 4 of Article 639 of the Civil Code of Ukraine, are considered concluded from the moment of certification by a notary.
Due attention should be paid to the condition of notarization, since its violation renders the agreement null and void (part 1 of Article 220 of the Civil Code of Ukraine), which, among other things, may entail unpleasant tax consequences for the parties to the agreement.
WHAT TYPES OF CONTRACTS MUST BE NOTARIZED?
Below is a list of the most common contracts that are subject to mandatory notarization,
- Contract of sale and exchange of a land plot, single property complex, residential house, apartment and other movable property (Articles 657, 716 of the Civil Code of Ukraine; Article 126 of the Land Code of Ukraine)
- Lease agreement for a building, other capital structure in whole or in part for a period of at least 3 years (Articles 793, 794 of the Civil Code of Ukraine)
- Vehicle lease agreement, if one of the parties to the agreement is an individual (Article 799 of the Civil Code of Ukraine)
- Agreement on the allocation in kind of a share of immovable joint property (Article 364 of the Civil Code of Ukraine)
- Agreement on the division of real estate that is in common partial ownership and common joint ownership (Articles 367, 372 of the Civil Code of Ukraine)
- Rent agreement and agreement on transfer of real estate for rent (Article 732 of the Civil Code of Ukraine)
- Agreement of gift or donation of currency values in the amount exceeding 50 NMDG (850 UAH), if both parties are individuals (Article 719 of the Civil Code of Ukraine)
- Agreement on donation of immovable property (Article 729 of the Civil Code of Ukraine)
- Agreement of donation of real estate (Article 719 of the Civil Code of Ukraine)
- Real estate management agreement (Article 1031 of the Civil Code of Ukraine)
- Contract of lifetime maintenance (care) (Article 745 of the Civil Code of Ukraine)
- Housing lease agreement with redemption (part 2, p. 811 of the Civil Code of Ukraine)
Pledge agreement, if the subject of pledge is immovable property, space objects, vehicles subject to state registration (Article 577 of the Civil Code of Ukraine and Article 13 of the Law of Ukraine “On Pledge” dated 02.10.92 No. 2654-XII)- Agreement on the establishment of a joint stock company in which citizens participate (Part 3 of Article 9 of the Law “On Joint Stock Companies”, Part 2 of Article 153 of the Civil Code of Ukraine)
- Agreement on the transfer of ownership of land plots (Articles 132, 142 of the Land Code of Ukraine)
- Agreement on joint partial ownership of a land plot (Article 88 of the Land Code of Ukraine)
- Agreement on amendment or termination of the contract (if the main contract was subject to notarization) (Article 654 of the Civil Code of Ukraine)
- Property sublease agreement (if the lease agreement was subject to notarization) (Article 774 of the Civil Code of Ukraine)
- Agreement on replacement of a creditor or debtor in an obligation (if the original agreement was subject to notarization) (Articles 513, 521 of the Civil Code of Ukraine)
- Power of attorney for transactions that require notarization (Part 1 of Article 245 of the Civil Code of Ukraine);
At the request of one of the parties, the lease agreement may be notarized. Also, the owner has the right to establish the requirement of notarization, which is fixed in the Register of Rights in the section of restrictions of real rights (Part 1 of Article 14 of the Law “On Land Lease”). That is, notarization takes place if there is a desire or a clearly established legal requirement.
WHAT DO YOU NEED TO KNOW BEFORE NOTARIZATION?
Before the notarization of a transaction, the notary is obliged to verify the capacity and legal capacity of the parties to the transaction. When checking the civil legal capacity and legal capacity of a legal entity, the notary is obliged to get acquainted with the constituent documents, the certificate of state registration and an extract from the Unified State Register of Legal Entities and Individual Entrepreneurs (USR) of this legal entity and check whether the notarial act performed corresponds to the scope of its civil legal capacity and legal capacity. Copies of these documents remain in the notary’s files. In cases provided for by law, the notary shall check the availability of a special permit (license) for a legal entity to carry out a certain type of activity.- When certifying transactions, the notary establishes the real intentions of each of the parties to the transaction, which he certifies, as well as the absence of objections from the parties to each of the terms of the transaction. Establishing the real intentions of each of the parties to the transaction is carried out by establishing by the notary the same understanding by the parties of the meaning, terms of the transaction and its legal consequences for each of the parties.
- The notary has the right to request from the parties to the transaction additional documents necessary for the notarial act, such as acts of civil status, consents, permits and statements of interested parties, etc. Transactions on alienation and encumbrance of property subject to mandatory registration (immovable property, motor vehicles) shall be notarized subject to submission of documents confirming the ownership of the property and if there is a record of registration on them. Transactions with property for which the legislation does not establish mandatory registration are certified without requiring title documents.
- According to the provisions of Art. 640 of the Civil Code of Ukraine, a transaction subject to notarization or state registration is concluded from the moment of its notarization or state registration, and, if necessary, both notarization and state registration, from the moment of state registration.
