The requirements for a notary assistant are specified in article 19.1 of the Federal Law. It may be a citizen of our country who has passed a special qualification exam. Consider the features of this position, the rights and obligations of a specialist.
Trainee
A notary assistant is a person who has a higher legal education, and also has a license to carry out notarial activities. It is enough for an intern to have a diploma of graduation from a top-level law school.
The trainee receives the position of notary assistant in the state notary's office through the conclusion of an employment contract. It clearly indicates the duties and rights of such employees, as well as the scope of professional activity.
An internship at a notary public, which conducts private practice, is made out on the basis of a contract (labor contract) between a notary and a person who wishes to undergo an internship.
What is the job? The notary assistant may apply for the position of a notary if he has completed an internship of at least one year at a notary public office. The same rule applies to employees who are trained by a notary public, who carries out private practice.
Internship Procedure
The notary assistant shall carry out its activities in accordance with the procedure established for persons who apply for the position of notary. To identify the level of training of people who want to take an internship, a special exam is conducted.
The notary assistant has certain rights and obligations, which we will talk about a little later.
A notary public who has been working in the specialty for at least 3 years is engaged in managing the work of trainees in a notary public office. Such functions should be assigned to him by order of the justice authority.
Salary
The notary assistant receives salaries at the notary's office from the funds of this government agency.
The internship program is approved by the territorial authority of the Federal Registration Service. It should be the same for all trainees, as well as their leaders, contain a list of activities that are aimed at obtaining trainees specific theoretical knowledge, practical skills for the work of a notary. By reducing the duration of the internship program remains unchanged.
Job Description Features
What does the notary assistant do? The duties of this employee are indicated in the job description. It also defines the rights and responsibilities of such an employee. The decision on the appointment and dismissal of an assistant is made by a notary public.
A person who has a license to conduct notarial activities, as well as a higher legal education, is appointed to the position. In his activity, such an employee is guided by certain legal normative acts, statutory documents, as well as local acts of the notary's office.
What you need to know
He must know the basic legislative acts of our country regarding notarial practice. To study the norms of international law, especially the laws of the constituent entities of the Russian Federation, the rules of office work in the notary's office, labor laws, fire safety rules, labor protection, internal labor regulations.
In the period of absence of a notary, the assistant fulfills his duties in accordance with the order issued by the current notary.
Duties
He must assist legal entities and individuals in the exercise of their rights to protect interests, explain to them duties and rights, and inform them about the consequences of notarial actions so that, due to legal ignorance, harm is not caused to them.
Also, the notary assistant collects the necessary information, information, documents, receives certificates, drafts the required documents. In addition, he makes entries in registers and other notarial books, takes part in the creation of an archival notarial fund.
He carries out preparatory work, which is necessary for carrying out notarial acts. The duties of an assistant notary include performing the duties of a notary for the period of his temporary absence.
Under the responsibility or on behalf of a notary, his assistant participates in the preparation for the implementation of certain notarial acts.
He not only draws up draft notarial acts, but also gives explanations on the conduct of notarial acts, does not disclose information received as part of professional activities.
Basic rights
Consider the rights of an assistant notary. He can study draft notary decisions that relate to his activities. He makes suggestions for changing work that is related to functional responsibilities. The notary assistant may require the notary to assist him in the performance of official duties. It has the right to request through the head documents and information that are necessary for the exercise of official powers.
What is the responsibility
The assistant is held liable for improper performance or non-performance of official duties, which are provided for by the job description within the limits established by the labor legislation of our country.
Also, the assistant notary is responsible for violations that are committed by him as part of his activities (within the civil, criminal, administrative legislation of the Russian Federation).
This employee bears responsibility for causing material damage within the limits established by the existing civil and labor legislative acts of the Russian Federation.
Revision of the job description is carried out as necessary (at least 1 time in five years).
To summarize
How to get the position of “notary assistant”? The candidate’s education must be a higher legal education. You must have Russian citizenship. A qualification exam will also be required. Under the responsibility and on behalf of the notary, his assistant has the right to participate in the preparation of certain notarial acts. The duties of such an employee include drafting documents notarized. The notary assistant gives detailed explanations to clients regarding the performance of certain notarial acts. It warns customers of the consequences of an act committed by them. In those time periods when the notary is absent from the workplace for objective reasons, he is replaced by an assistant.
The appointment to the post of notary public assistant is carried out in a notary public office in the order established by the federal justice body of the Russian Federation.
The notary’s office considers the appeal of a notary who is engaged in private practice. The answer is provided to him within 5 working days from the date of application. Refusal to appoint a notary public for a practicing lawyer is possible in situations where the candidate does not meet the qualification and official requirements.
The grounds for termination of the employment contract, which spells out the appointment as an assistant notary, are situations specified in the labor legislation of the Russian Federation. The contract may also be terminated by decision of the judiciary.
Specialists in the field of jurisprudence are in demand in the Russian Federation. The notary profession is considered promising and stable, because he takes part in the design of many important transactions.
Among those documents that are deprived of legal force without being certified by a notary, we highlight marriage contracts, a life-long maintenance agreement and annuity, a power of attorney for transactions, registration of an LLC, the consent of one (both) parents to export their child outside the country.