At the moment, there is such a thing as a notary deposit in legal practice. Current legislation provides for notaries the opportunity to act as an intermediary between a debtor and a creditor. The Civil Code regulates the procedure for depositing, storing and further transferring funds on a special deposit.
Description of notarial deposit
According to the law, a notary public, in the cases provided for by law, has the right to accept money or securities from a debtor for their subsequent transfer to a creditor under a special agreement or agreement.
It is the notary's responsibility to notify the creditor of the receipt of funds in the established manner. Money is transferred to the creditor at his first request. The legal framework for the transfer of money on demand is considered to be dispositive, that is, the agreement may provide for other options. The acceptance of monetary amounts on a notary's deposit is carried out in the place where the fulfillment of the obligations stipulated by the agreement is carried out, as a rule, this is the place of permanent residence or registration of the creditor.
The legislation has undergone certain changes in notarial issues since 2015. Until that time, a notary deposit was used in the case when it was necessary to ensure the safe transfer of funds from the debtor to the creditor. Now it is used in other cases, for example, when settling with the seller of a car or real estate.
Key Features
A notary deposit is often used in legal practice. This is primarily due to the full and clear wording of the legislation on this issue. The creditor, as well as the debtor under the contract, has a limited number of rights and obligations that they use in cases stipulated by law.
The law accurately formulates a list of the circumstances in which a notary deposit is used. In other cases, depositing money will not work. The circumstances that provide for the deposit of funds on a notarial deposit by the debtor are as follows:
- The location of the lender is unknown.
- The creditor is officially declared legally incompetent, while he does not have a legal representative.
- The determination of the person who is to fulfill obligations under the contract is not possible.
- The creditor refuses to accept the fulfillment of the terms of the agreement.
The cases listed above allow the debtor to transfer funds to a notary, unless otherwise agreed by the parties. The contract may contain other circumstances, in view of which the debtor agrees to pay the debt with a notary deposit. At the same time, the moment of depositing funds is considered the fulfillment of obligations. Transactions through a notary deposit make it possible to avoid delays, penalties or fines.
Deposit processing
The first thing the debtor needs to do is to clarify the right to use a notarial deposit to pay off debt. If the agreement provides for the possibility of depositing funds or a circumstance is prescribed in the Civil Code, there is a need to contact a notary.
The place of fulfillment of obligations and, accordingly, of depositing funds may be:
- Place of registration or residence of the creditor. This applies to transactions involving a cash settlement method.
- The place where the bank is located where the lender is served. This is relevant for non-cash payments.
- Place of registration or residence of the debtor.
Registration will require the submission of the following documents:
- Passport of a general civilian sample.
- A written statement on the transfer of funds to a notary.
The application must contain the following information:
- Data of the debtor or organization.
- Details of the parties with addresses.
- Reasons that did not allow fulfillment of obligations under the contract by other means.
It should be borne in mind that it is not the responsibility of a notary to verify the rights of the debtor and creditor to implement the terms of the contract with a deposit. After the transfer of funds has taken place, the notary issues a receipt. In this case, the money is not stored in a notary's office, but transferred to a special cell in the bank.
Notary fees and storage periods
Payment of notary services for the reception and storage of funds on deposit is carried out in accordance with the tariffs provided for at the legislative level and amounts to 0.5 percent of the amount of funds deposited, but not less than 1 thousand rubles.
In the case when the notary not only accepts funds for the deposit, but also certifies the transaction between the creditor and the debtor, the tariff does not depend on the transaction amount and amounts to a fixed amount of 1.5 thousand rubles. The cost of notary services is quite affordable for everyone.
The period that money can be stored on deposit coincides with the limitation period according to the Civil Code and is three years. If the creditor during this period does not express a desire to receive money from the deposit, they will be sent to the budget.
An important point in this case is that the money deposited on a deposit can be returned to the debtor only with the written consent of the creditor or by the relevant decision made in court.
Deposit on a notary's deposit
The Federal Notary Chamber informs that it is possible to deposit funds in three ways, the choice of which depends on the preferences of the debtor. These include:
- Cash depositing through personal participation of a notary.
- Cash deposit by bank transfer by details.
- Deposit of securities into a notary's deposit.
When transferring cash, the notary must issue an appropriate receipt confirming receipt of money. A check issued by the bank when transferring money using a bank transfer system will also confirm the transaction. The acceptance of money and securities should not be in the nature of commercial intermediation.
Lender Notice
In most cases, the notary is obliged to notify the creditor of the funds received on deposit. This is done by sending a registered letter with a notification to the creditor. If the location of the creditor is unknown, then the obligation to search for it rests with the debtor.
The tariff of the notary accepting the deposit and the state fee are synonymous. The value of the tariff was indicated above. As for the person making the payment for notarial services, this is the person who applied to the office for certain legal actions.
In some cases, the contract indicates other conditions for payment of the fee. Sometimes the lender agrees to reimburse all costs associated with the provision of notarial services.
Deposit for real estate transactions
In 2015, a rule began to apply whereby a notary can accept funds for storage when making real estate transactions. Previously, the parties used special cells in banks. This was inconvenient, since the buyer had to withdraw money from the account, visit a bank with a rented cell and arrange for depositing funds.After signing the contract of sale, the seller visited the bank to withdraw funds. A notary deposit has greatly simplified this system. It allows the buyer to transfer money to a special account at the details taken from a notary.
After the transaction, the notary assumes the obligation to transfer funds to the seller. In this case, it is necessary to confirm the fact of the transaction by submitting the signed contract.
Conclusion
Thus, a notary deposit is a legitimate opportunity to make settlements between debtors and creditors. It gradually replaces the cells in the bank, as it is a safer and more convenient way to transfer funds.