Actions are being added to notaries – Kommersant FM
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The authorities will limit the mechanism for quick debt collection. The Ministry of Justice has prepared amendments that make it more difficult to issue a writ of execution. This is a special mark on the loan agreement, which is made by a notary and which allows you to collect money without a court decision, essentially turning the agreement into a writ of execution.
As Vedomosti found out, the document is planned to be submitted to the State Duma in the near future. It has already been approved by the government commission on legislative activities.
If accepted, the notary will have to obtain confirmation that the borrower actually received the money and verify the authenticity of the document. Banks will also confirm the accuracy of the data.
The authors of the amendments believe that this will help fight money laundering. And the mechanism is indeed being abused, confirmed Alexander Sotov, head of the financial investigations and anti-corruption practice at FBK:
“We cannot say that this happens all the time and that this is one of the main methods of abuse. However, the number of such episodes is far from isolated. It all depends on the type of contract concluded.
Very often this happened, for example, with a bill of exchange: the parties agree that funds from the account can be written off in an indisputable manner on the basis of this very notary’s writ of execution.
The notary simply confirms that the obligations have been fulfilled and no additional documents are required to collect funds, and the bank writes it off.
That is, the point was to increase the level of reliability by including in this process a person whose reputation is above suspicion. And he trades on this reputation.”
At the same time, if the bill is adopted, the procedure will be delayed and complicated, notes Alexander Ermolenko, partner at the law firm Orlova\Ermolenko. In addition, the role of the notary in this mechanism will be reduced to a minimum, he added:
“A notary’s writ of execution is not such a common tool. The most advanced users, lawyers, know this and use it. It is assumed that when a notary makes a writ of execution, he has already checked everything, and the bank can only execute it.
This initiative, in essence, is aimed at leveling the role of the notary and organizing a second check. In fact, in this case, we don’t seem to trust notaries and say: let the bank check everything again, thus, of course, the procedure is doubled.
Indeed, it may drag on and become more complicated, because banks will now develop their own set of rules, documents and confirmations.”
At the same time, according to the Chamber of Notaries, 340 thousand writs of execution were issued last year alone. About half of them are remote.
Everything is clear with us – Telegram channel “Kommersant FM”.
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