What information should be on the notary seal
Only notaries are authorized to perform notarial acts. They can work either in a public office or in their own office. When a notary performs his work, it does not matter whether he is a private notary or works for the state, the rights of such notaries are equal. The documents they certify have equal legal force. Notarial acts shall not be based on commercial gain.
The notary receives his position only when his candidacy is approved by the Chamber of Notaries. In order to become an acting notary, one must pass a competition and pass an examination to prove his qualifications. The notary shall be dismissed in accordance with the norms of the labor law.
The notary embosser seal has the following functions:- assist legal and natural persons in protecting their rights and interests;
- explain the consequences of committing acts certified by a notary;
- explain the rights and obligations.
When the notary acts on electronic documents or transmits information through the electronic notary system, he or she uses an electronic signature to identify himself or herself. The self-inking notary stamp may only be used by the notary who owns it.
Rules of making a notary seal
The best notary stamps cannot be made anywhere. Only the Chamber of Notaries, which is located in each region of the state, is involved in this.
Such notary stamp template must be kept in a single copy, duplicates are strictly prohibited. The sketch of the seal is approved by the Board. Small notary stamp must be of a uniform appearance, corresponding to the one prescribed in the rules.
Also, the rules of notarial actions prescribe on which documents the notary must put his seal, otherwise they will be invalidated. Here is the list of these documents:- confirmation that a notarial act has been performed;
- notarial inquiries in connection with the clarification of data;
- notifications of the notary to state and municipal authorities;
- in all other cases determined by law or the Rules.
- In ordering documents;
- Requests for legal advice;
- receipts for receipt of documents;
- Certification documents;
- When stapling documents;
- In inventories;
- When certifying copies;
- Deeds regarding the destruction of documents;
- Copies of cases related to inheritance;
- Certificates concerning receipt of money for deposit;
- Acts that are created when additional data or amendments are made to the registry.
When the notary rubber stamps are destroyed
In direct activity, notaries often have the question of whether the list of documents on which they must place their seal is finite. Or can this list be expanded at the notary discretion?
If you read the rules, namely the basics of notarial activities, you can understand that there is a defined list of those documents on which the notary is obliged to put his seal. All other documents may be stamped at the notary discretion.
There are also color requirements for the notary rubber stamp. It only comes in three colors, which are blue, purple or blue.
The notary is required to surrender his rubber notary stamp with a request to destroy it by deed of surrender in the following situations:- when the notary leaves office, his or her powers are terminated;
- when the notary is transferring from the state office to a private practice and vice versa. In this case, the seal will have a different location;
- if the notary changes his/her location not due to his/her dismissal but due to relocation;
- If the notary changes geographic names;
- if the notary changes his/her name;
- if the seal is damaged or has defects during its production.
Obligatory requirements for a notary embosser and stamp
The rules on notary activities also allow the notary to have a seal without the coat of arms of the state. Such seal may be affixed to the documents not specified by law or the Rules as the documents to be stamped with the coat-of-arms. The seal without the coat of arms may be affixed to papers which the notary considers important. In practice, notaries usually use this stamp for accounting documents.
In addition to seals, the notary may also use various stamps in his activities. Usually they are intended for incoming and outgoing documents and copies.
If we return to the notary seal and stamp, the law also has certain requirements for its production:- The seal must be round in shape. Its size, according to GOST, should be exactly 44 mm;
- The seal must indicate: in what subject of the Russian Federation notary works, his name, TIN, where the office or room is located and the coat of arms;
- The seal with the coat of arms must be used in the cases described above;
- If notarial acts are performed, then it is allowed to use a seal with the same requisites, but without the coat of arms. And the seal should indicate that it is for documents;
Last, but most important, is the requirement to make seals for the notary public. They must have responsive all lines and all symbols. Notarial activity requires the use of a seal with an impeccable imprint only.
Date of publication 2022-12-19