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In the context of martial law, the loss of documents may have serious legal consequences for individuals - ranging from the inability to confirm property ownership to complications in restoring certified legal transactions. One of the mechanisms that ensures legal protection and the preservation of documents is transferring them to a notary for safekeeping.

Transferring documents for safekeeping to a notary is a procedure that:

-provides legal protection for documents against loss or damage;

-allows the official confirmation of the fact that documents were accepted for storage;

-enables documents to be returned in the future to the owner or their authorized representative without obstacles.

How to Transfer Documents for Safekeeping: Step-by-Step Guide

The procedure for accepting documents for safekeeping by a notary is regulated by Chapter 19 of the Procedure for Notarial Acts by Notaries of Ukraine, approved by the Order of the Ministry of Justice of Ukraine dated 22 February 2012 No. 296/5.

STEP 1. Prepare the documents

Collect all documents you intend to transfer to the notary. Ensure they are properly organized, undamaged, and signed by the owner or an authorized person.

STEP 2. Contact a notary

Prepare an Application for Acceptance of Documents for Safekeeping, indicating the types of documents, the purpose of storage, and the storage period.

The application must be submitted by the document owner or their legal representative to a notary at the place where the notarial activity is carried out. The person submitting documents must present an identity document.

STEP 3. Preparation of the document inventory

All documents are accepted according to an inventory list prepared in two copies. One copy remains with the notary, and the other is provided to the person who submitted the documents.

The inventory must contain:

1. the full name of the document owner;
2. the list of documents submitted;
3. information about series, numbers, and dates of issuance of each document;
4. other identifying details.

Important: At the request of the owner, documents may be accepted without an inventory. In this case, they must be sealed in the presence of the notary, and the package is secured with the notary’s seal and the signatures of the parties.

STEP 4. Issuance of the certificate

After accepting the documents, the notary:

1. prepares a Certificate of Acceptance of Documents for Safekeeping;
2. issues the certificate to the person who submitted the documents;
3. attaches the second copy of the inventory (if prepared) to the certificate.

The inventory of documents transferred for safekeeping is signed by the person who submitted them and by the notary and is bound together with the certificate. If documents are accepted without an inventory, the certificate will include the note “Without inventory.” The certificate serves as proof that the documents are kept by the notary and is required for their future return. A sample of the certificate can be found at the link.

STEP 5. Storage and security

Documents are stored in separate sealed safes or metal cabinets, and notaries bear responsibility for their safekeeping.

A notary may not transfer documents to third parties without a court decision or the explicit consent of the person who submitted the documents for safekeeping. If circumstances specified by the applicant occur (including the death of the person who deposited the documents), the notary must act in accordance with the instructions recorded in the submitted application.

STEP 6. Return of documents

Documents may be returned:

1. upon request of the person who deposited them or their authorized representative;
2. upon presentation of the certificate and the inventory copy (if prepared);
3. based on a court decision (in case the certificate has been lost).

Important: The fee for notarial acts (including the acceptance of documents for safekeeping) is determined in accordance with applicable legislation and established tariffs. In the case of обращения to a private notary, the fee may also depend on the scope and complexity of the notarial act, the duration of storage, and related administrative expenses. The list and tariffs for additional legal services not related to notarial acts, as well as technical services provided by state notaries, can be found at the link.

If you would like to learn more details or receive free legal assistance on another issue, you can find a lawyer via the link.

This informational material was created within a project implemented by the Danish Refugee Council (DRC) with financial support from the Government of the United States of America. The views and opinions expressed are those of the author(s) only and do not necessarily reflect the views of the Government of the United States of America or DRC. Neither the Government of the United States of America nor DRC can be held responsible for the content of this material.