In case No. 14-KG20-24-K1, the civil collegium will figure out whether the notary should have authenticated the signature without paying for legal and technical services on the part of the applicant. The Court of Appeal refused to consider legal examination of documents, which a notary conducts when certifying a signature, as an additional service. The First General Court of Cassation ruled that the applicant still had to pay the notary for legal and technical services. Now the Supreme Court will give its explanations on this score.
Sergey Vodolagin, Managing Partner of Westside, believes that VS will agree to the need to pay for additional services. Since the notary can not ignore the content of the document where the signature is put. “For example, in some cases, a receipt confirming the receipt of money, in fact, may mean the conclusion of a loan agreement, and this is another notarial act - certification of the transaction,” the lawyer explains.
“The notary is obliged to delve into the content of the document on which the signature is put, which means the provision of legal services. And if a client refuses these services, then a notary, from my point of view, has the right to refuse him to perform a notarial act, ”the lawyer believes.
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