Procedure for consulation of notarial procedure for acceptance of cash amounts and securities in the deposit: the need is perfectly

Abstract

The article reveals the procedure for consular notarial proceedings on the deposit of money and securities, analyzes its stages and stages and systematizes all procedural actions of the consul, which he performs at each stage, taking into account the rules of notarial acts. In the first stage, the consul identifies the person who transfers the money and securities on deposit and who will receive these valuables, the purpose or obligation for which the contribution is made, the reasons for which the obligation cannot be fulfilled directly by the debtor., checks the availability in the application of information on the total nominal value of securities accepted on deposit, if they are issued in documentary form and the correctness of payment of the consular fee. The second stage is to keep the consul on deposit of money and securities, but this process requires additional payment, because it is impossible to determine in advance when the creditor will apply for their transfer. However, the procedural actions of the consul at this stage are not regulated at all by the Law of Ukraine «On Notaries» and the Regulation. The third stage of this proceeding is the issuance to the creditor of sums of money and securities at his request. The fourth stage of repayment to the debtor is not mandatory and takes place if the creditor has not received the funds or securities, or refused to receive them, or the place of residence or whereabouts of the creditor is unknown to the consul. Refunds and securities may be returned only with the consent of the depositor (creditor) or by court order. The debtor’s request for the return of sums of money and securities and the creditor’s consent to their return must be set out in writing. Such systematization of the consul’s actions will have a significant impact on the legality of his activities, in particular, there will be no grounds for appealing to the court. The author’s proposals to improve this procedure by amending the procedure for notarial acts in diplomatic missions and consular posts of Ukraine and correctly determining the size of the consular fee in the Consular Fee Tariffs will be important for the best protection of the rights and interests of individuals and legal entities in the host country consul.