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RESOLUTION OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF BELARUS

of June 29, 2021 No. 114

About representation by the notary of interests of persons (person) who addressed for making of notarial action

Based on part two of Item 2 of article 24 of the Law of the Republic of Belarus of July 18, 2004 "About notariate and notarial activities" and the paragraph of the twenty fourth subitem 6.20 of Item 6, parts one of Item 11 of the Regulations on the Ministry of Justice of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of October 31, 2001 No. 1605, the Ministry of Justice of the Republic of Belarus DECIDES: No. 305-Z

1. Approve the Instruction about procedure for representation by the notary of interests of persons (person) who addressed for making of notarial action, in the organization for state registration of real estate, the rights to it and transactions with it it (is applied).

2. This resolution becomes effective since July 1, 2021.

Minister

O. L. Slizhevsky

It is approved

State committee on property of the Republic of Belarus

 

 

Approved by the Resolution of the Ministry of Justice of the Republic of Belarus of June 29, 2021 No. 114

The instruction about procedure for representation by the notary of interests of persons (person) who addressed for making of notarial action, in the organization for state registration of real estate, the rights to it and transactions with it

1. This Instruction establishes procedure for execution of the statement for representation by the notary of interests of persons (person) who addressed it for making of notarial action (further, unless otherwise specified, - the applicant), operations procedure of the notary in case of representation of interests of the applicant in the republican or territorial organization for state registration of real estate, the rights to it and transactions with it (further - the organization for state registration) based on the documents certified or issued by the notary including procedure for assurance by the notary of fidelity of copies of identity documents, other documents containing identification data in case of their direction in the organization for state registration by means of mail service or transfer in the form of electronic documents, electronic copies of paper documents.

2. If the basis for state registration of real estate, the rights, restrictions (encumbrances) of the rights to it and transactions with it (further, unless otherwise specified, - state registration) are the documents certified or issued by the notary, the notary who made the corresponding notarial action according to the written application of the applicant (further - the statement addressed to the notary) represents the interests of the applicant in the organization for state registration.

If the basis for state registration is the agreement certified by the notary, the agreement on its change or termination, the statement addressed to the notary moves jointly agreement parties (agreement). The statement addressed to the notary can be submitted to one of agreement parties (agreement) if it is granted the right to signing of the statement for state registration according to the agreement, the agreement or part two or third subitem 13.4 of Item 13 of the Instruction on procedure for filling and signing of the statement for the state registration approved by the resolution of Committee on land resources, geodesy and cartography under Council of Ministers of the Republic of Belarus of April 23, 2004 No. 17.

3. In the statement addressed to the notary are specified:

3.1. identification data:

concerning the applicant who is physical person: surname, own name, middle name (if that is available), number, month, year of birth, identification number (in the presence), nationality (in the presence), the residence;

concerning the applicant who is the legal entity: full name, registration number and date of state registration of the legal entity, accounting number of the payer or other similar number assigned in foreign state, the location address;

concerning the applicant who is the individual entrepreneur: full name, registration number and date of state registration of the individual entrepreneur, number, month, year of birth of the individual entrepreneur, accounting number of the payer, residence.

If the statement addressed to the notary moves the applicant's representative (representatives of applicants) (further - the applicant's representative), in it identification data of the representative of the applicant according to part one of this subitem are in addition specified;

3.2. actions of the notary according to part one of Item 2 of article 24 of the Law of the Republic of Belarus "About notariate and notarial activities" in case of representation of interests of the applicant in the organization for state registration;

3.3. registration action - subject to state registration, type of the real estate unit concerning which the applicant (the applicant's representative) asks to perform state registration and the location of the real estate unit - the address (location) of the parcel of land, capital structure (the building, construction), the incomplete preserved capital structure, the isolated room, parking places and its cadastral and (or) accession number and if to state registration are declared the company as property complex, the rights to it or transactions with it - its registration number;

3.4. data on whether the face applying for acquisition of property right concerning real estate in scrap, and also about availability of the Marriage agreement containing conditions of rather real estate concerning which the applicant (the applicant's representative) asks to perform state registration consists.

The data provided by part one of this subitem are not specified if according to the statement addressed to the notary, subject to state registration is origin or transition of the property right to real estate according to the procedure of inheritance or based on the gift agreement;

3.5. data on receipt of the certificate (certificate) of state registration and other documents, stipulated by the legislation, by results of committed registration action (further, unless otherwise specified, - the certificate (certificate) of state registration) on paper or in the form of the electronic document;

3.6. data on method of obtaining by the applicant (applicant's representative) of the certificate (certificate) of state registration:

at the notary;

in the organization for state registration;

the direction the organization for state registration on paper by means of mail service;

transfer by the organization for state registration in the form of electronic documents.

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