Notarized vs Simple Written Contracts

Most contracts in Russia are valid in simple written form, signed by the parties on paper or electronically. Notarisation is mandatory only for a closed list of deals, and if it is skipped there, the contract is void. In other cases the parties may choose a notary voluntarily: a notarised contract is harder to challenge in court, and a notarised money obligation can be enforced through a notary's writ without a lawsuit.

Attorney Elena Petrova drafts and reviews contracts for clients in Russia and abroad and advises when a notary adds real value.

Deals That Require a Notary

The Civil Code and special laws require notarisation for several common transactions:

• marriage contracts and agreements dividing spouses' joint property;
• agreements on payment of alimony;
• sale of a share in a limited liability company, apart from narrow exceptions;
• sale of a share in jointly owned real estate, with some exceptions;
• deals with real estate owned by a minor or a person lacking capacity;
• powers of attorney for transactions that themselves need a notary.

The parties can also agree that their contract will be notarised. Then the requirement becomes binding on them.

Evidentiary Weight in Court

A notary checks the identity of the parties, their capacity and their authority, and explains the legal effects. The notary also records that each party understood the terms.

Under the procedural codes, facts confirmed by a notarial act need no further proof unless the act is challenged in the proper order. A party that claims it signed under pressure or without understanding faces a heavy burden. A simple written contract, by contrast, can be attacked by a forgery claim or a handwriting examination.

The Notary's Executive Inscription

A notarised contract that creates a money obligation can be enforced by an executive inscription. The creditor applies to the notary, who issues the writ after checking the debt. The writ goes straight to the bailiffs.

This saves months of litigation. The debtor may still go to court to dispute the inscription, but the burden of starting the case moves to the debtor. Banks may use the same tool for loan agreements that contain a clause allowing it.

Comparing the Two Forms

Costs of Notarisation

The notary charges a tariff set by the Tax Code for some acts and by the notarial chamber for others, plus fees for legal and technical work. For property deals the tariff depends on the value, with caps for certain transactions.

Compared with the cost of a later dispute, the fee is usually small. For low value routine contracts, simple form remains the sensible option.

Signing When Parties Are in Different Cities

Russian law allows a notarised deal to be signed remotely. Each party visits a notary in its own city, and the two notaries certify one electronic document together. This helps when a buyer and seller of a company share live far apart.

Choosing the Form for Your Deal

Petrova recommends notarisation for large loans between individuals, deals with a risk of later challenge, and agreements with a party abroad who may later deny signing. For ordinary supply or service contracts between companies, a well drafted simple contract is enough.

Foreign clients can sign before a Russian consul or a local notary with an apostille. The document must then be translated and certified in Russia.

The main channel of communication with the attorney is email: attorneypetrova1@gmail.com.