The service "Execution of a notarized transaction and state registration of rights to immovable property" is provided by a branch of the Non-Profit Joint Stock Company "Government for Citizens" (hereinafter referred to as the State Corporation) in the buildings of the front office (public service center) on the day of presentation of the documents provided for in paragraph 6 of this Procedure.
The service "Execution of a notarized transaction and state registration of rights to immovable property":drawing up a notarized (simple) transaction; verifying the authenticity of the signature of the persons who made the transaction (their authorized representatives), their legal capacity (legal capacity), as well as compliance of their will with the will and its subsequent state registration of rights to immovable property is one procedure and is carried out within one working day from the moment of contacting the branch of the State Corporation.
The procedure for drawing up a notarized (simple) transaction
The service of drawing up a notarized (simple) transaction is shown on a fee basis in the amount provided for in the price list approved by Order No. 59 of 29.07.2016 of the Acting Director of the Directorate for the Provision of Public Services, taking into account the provision of the service "Formation of a package of documents followed by the issuance of ready-made documents for the registration of the right to immovable property with the drafting of contracts for individuals and legal entities without notarial confirmation"[1].
An employee of the commercial service department authorized by the first head of the branch, before drawing up a notarized (simple) transaction, checks the ownership of real estate on the basis of the title document(s).
In order to determine the powers of the owner of immovable property, to alienate the rights belonging to him, information is obtained from the information systems of the state database "Individuals", "Legal Entities" and "Real Estate Register".
To draw up a notarized (simple) transaction, the parties present the following documents:
1) title document(s) for immovable property;
2) technical passport for the property;
3) identification document for the land plot (if there is a land plot);
4) consent to the alienation of immovable property of all participants of shared ownership (notarized application);
5) a notarized consent of the other spouse to the alienation of immovable property, or a statement that the owner of the alienated and acquired property is not married[2];
6) written consent of guardianship and guardianship authorities, guardians of minors or persons with limited legal capacity, if the owner of immovable property is a minor or a person with limited legal capacity;
Legal entities in addition to the documents specified in the sub-paragraphs 1), 2), 3), 4) and 7) of this paragraph, submit constituent documents (articles of association, regulations, founding agreement), the decision of the sole participant or minutes of meetings (extracts from them) of the founders (participants, board of directors, board of shareholders) for the acquisition or alienation of real estate objects, in cases provided for by legislative acts of the Republic of Kazakhstan or constituent documents.
Foreign legal entities submit a legalized extract from the commercial register or other legalized document certifying that a foreign legal entity is a legal entity under the legislation of a foreign state, with a notarized translation into the state and Russian languages.
If the book value of assets acquired or sold exceeds the amounts established by the legislation of the Republic of Kazakhstan in the field of competition protection, then individuals and legal entities, in addition to the above documents, submit a preliminary written consent of the antimonopoly authority.
After completing the procedure for drawing up the contract, an employee of the commercial service department, authorized by the first head of the branch, prints it out in triplicate on paper, consisting of one sheet (the text of the next sheet is printed on the back of the contract) for signing by the parties to the transaction in the presence of the specified employee.
An employee of the commercial service department authorized by the first head of the branch, after drawing up a notarized (simple) one, issues a copy of the contract to the parties to the transaction, and sends one copy to the back office.
Ways to verify the authenticity of signatures on ready-made draft contracts
If the parties to the transaction provide a ready-made contract, verification of the authenticity of the signatures of the persons who made the transaction (their authorized representatives), their legal capacity (legal capacity), as well as compliance of their will with the will, is carried out in the following way:
1) the legal capacity of an individual is determined on the basis of a document confirming the identity, visually, as well as during a conversation and through the state database "Individuals", which contains sufficient information necessary to identify an individual and determine his civil status;
2) the legal capacity of a legal entity is checked through the state database "Legal Entities" and on the basis of an order (decision) confirming the ability of the head to acquire and alienate immovable property on behalf of the legal entity;
3) verification of compliance of the will of the parties who made the transaction with their will is carried out during the conversation of the front office employee with the participant of the transaction, and is also confirmed by the fact that the parties to the transaction signed in the presence of an authorized employee of the State Corporation the contract submitted by them (purchase and sale, donation, etc.).
Confirmation of the completion of the procedure for verifying the authenticity of the signatures of the parties to the transaction is the affixing of a mark and signature of the responsible employee of the front office, fixed by the order of the first head of the branch on copies of contracts.
Mark text:
Branch of a non-profit joint stock company
"Government for citizens" by (specify region)
Verification of the authenticity of the signature of the persons who made the transaction (their authorized representatives), their legal capacity (legal capacity), as well as compliance of their will with the expression of will has been verified
Full name (if any) of the employee
signature
date
After drawing up a non-legally certified (simple) transaction, confirming the authenticity of the signature of the persons who made the transaction (their authorized representatives), their legal capacity (legal capacity) the parties (participants) of the transaction apply to the service provider with an application for state registration.
An employee of the front office accepts a standard application for state registration of rights to immovable property by entering information about the receipt of documents into the integrated information system "Public Service Center"[3] (hereinafter referred to as the AIS PSC) and produces a photo recording of the parties (participants) of the transaction.
Scanned documents and a receipt for payment for the state registration of rights to immovable property are sent to the back office of the branch of the State Corporation (department of registration of rights to immovable property of branches of the State Corporation) via the AIS PSC.
Issuance of a receipt to the applicant indicating the date, hour and minute of receipt of documents for state registration of rights to immovable property.
On the same day after receiving the documents, ensures the transfer of the documents provided for in paragraph 10 of this Procedure to the back office of the branch of the State Corporation for inclusion in the materials of the registration case.
If the parties to the transactions apply after 17:00, the delivery of the relevant documents is carried out on the next working day.
Description of registration actions of the back office of the branch of the State Corporation
Conducting a legal examination of documents submitted for state registration by checking with the data of archival materials and information contained in the database.
Making entries in the registration sheet of the legal cadastre on the registration made or refusal or suspension of state registration in the cases provided for in Articles 27 and 31 of the Law.
Certification of the notification with an electronic digital signature in the information system "State database Register of Real Estate" (hereinafter - GBD RN).
Sending a notification about the registration made or about the refusal or suspension of state registration in the AIS of the PSC, as well as to the e-mail address and personal account of the copyright holder(s) on the web portal of the "electronic government" - if any.
Prints out on paper a title document, a notification of registration or refusal or suspension of state registration and a document confirming payment for state registration of rights to immovable property for storage in the registration file.
[1] Drafting contracts (typing) refers to a commercial service.
[2] If both spouses are present at the transaction, a marriage certificate is required.
[3]The application is formed through the service R01-42-1 "Execution of a notarized transaction and state registration of rights to immovable property"