Authorization of the guardianship and trusteeship agencies will be required to conclude any transactions involving minors. Without such permission, the notary will not reassure your property gift contract, or another contract. If, nevertheless, such a contract has been concluded and registered, this will not protect you from negative consequences. Such a treaty violates the rights of the child. This will cause the transaction to be declared void. The treaty will become invalid. The violation will be in the absence of permission from the guardianship and trusteeship authorities.
Cases in which the permission of the guardianship and trusteeship authorities will be required:
- ✔ conclusion of a transaction requiring notarization with the participation of a minor child;
- ✔ conclusion of a transaction requiring state registration with the participation of a minor child;
- ✔ other transactions in which on behalf of the child are issued obligations or waive property rights.
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In practice, the permission of the guardianship and trusteeship agencies is necessary during the divorce and division of property between the spouses, if they have agreed not to divide real estate, but to donate their parts to the children, thus avoiding the allocation of parts of the property and additional expenses. Authorization of guardianship and trusteeship agencies will be necessary even if at the time of the transaction the child is not registered and does not live in real estate and participates in the transaction only as a donee.
You can obtain permission from the guardianship and trusteeship agencies for donation by ordering it in our legal advice or independently. How to do this is described in detail below.
In order to receive permission from the guardianship authorities to donate to children, it is necessary to apply to the territorial guardianship and trusteeship authority, at the child's place of registration. In Kiev, there is such Council in every district of the city. The specialist of the guardianship authorities accepts citizens in the district CNAP ("Center of providing administrative services") - once a week. The meeting of the guardianship and trusteeship bodies at which they review the application occurs 2 times a month. Therefore, documents must be submitted in advance, at least 1 month before the conclusion of the transaction. In the case of a negative decision or the need for additional documents, it may be necessary to re-feed.
List of documents for obtaining permission from the guardianship and trusteeship agencies for donation:
- 1 A statement of a minor child who will be gifted if his age is 14 to 18 years;
- 2 Applications from both parents for permission;
- 3 Copies of documents confirming the ownership of the property to be donated;
- 4 Passports of parents;
- 5 Identification codes of parents;
- 6 Certificate of birth of a minor child;
- 7 Identification code of a minor child if he already has a code;
- 8 Certificate of marriage or documents on divorce;
- 9 Certificate of registration of the child's place of residence;
- 10 Other documents, depending on the situation.
All documents are given in the form of copies. To ensure authenticity, the originals of all documents must also be taken with you.
Help that you need to receive in advance in the CNAP ("Center of providing administrative services"), on the registration of the child's residence:
According to the results of the reception of documents, a receipt is issued:
Follow the progress of the application by the case number on the website.
Approximate time for consideration of the application is 1 month. When the result of the examination is ready for issuance, SMS arrives:
Additional documents may be required, re-submission or completion of the application.
The guardianship and trusteeship body may be refused permission to carry out the transaction. The reasons for the refusal can be the following:
- ✔ there is no consent for the transaction of one of the legal representatives (parents);
- ✔ parents are deprived of parental rights;
- ✔ the applicants provided untruthful information;
- ✔ in relation to property, a trial is open;
- ✔ as a result of the transaction, the rights of the child will be violated or worsened by his financial situation;
- ✔ other reasons.
In the case of a positive decision by the guardianship and trusteeship authority, a permit is issued for the transaction:
In the permit, the guardianship and trusteeship agencies warn of liability for violation of the property, housing and other rights of the child.
The original permission of the guardianship and trusteeship bodies is transferred to the notary together with other necessary documents for the conclusion of the transaction and remains with him.
After the conclusion of the gift agreement, the notary must transfer an additional copy of the contract to the district child protection service.
To order the preparation of documents or obtain the permission of the guardianship and trusteeship authorities for the gift of immovable property to the child without your participation, please visit our website.
We provide quality services in the shortest possible time.
More useful information you can find on our website https://www.yurdopomoga.com.ua
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