How to re-form or re-encumber shares

The stocks belong to the category of securities that are inherited and become part of the estate, and there are certain rules relating to the inheritance of these values, as well as a number of nuances that need to be known in order to enter into inheritance rights.

It is necessary to get to know the information in advance so as not to encounter problems with paperwork in the future, and not to be exposed to unpleasant situations due to ignorance.

General

The inheritance is a valuable property that passes after the owner's death to his relatives. The stocks are securities that generate income, and therefore they are an integral part of the inheritance and can pass over to one or more heirs after the owner's death.

However, in order to carry out this procedure, certain rules must be followed and, in particular, the legitimate transfer of rights requires an assessment of these documents as well as a change of ownership.

Who can get

The shares may be received by the next of kin.The deceased inherits by law, and they move with the rest of the property, initially, the closest relatives, if they refuse or are absent, to applicants with a different degree of kinship.

They are the inheritors of a bequest.They can get away.and not to relatives, but to those personsUm, as the deceased owner pointed out in his lifetime,At the time of writing the will.

Where to Go

The inheritance of property and shares, among other things, is related to the need to visit several institutions, if you wish to accept the inheritance,First of all, a notary should be visited.

• It is this specialist who will be responsible for issuing the certificates after the inheritance has been made, and will be the one who will discover the inheritance.
• If there are more than one heirs and each of them wants their share, a preliminary assessment should be made so that each applicant can receive his or her equal share.
• AlsoThere is a need to visit the joint stock company.in which you can obtain an extract from the register of shareholders.

It matters!The assessment of the papers is carried out by the expert bureau, where the assessment document will be made available; it is necessary for the office to have a licence and authorization to provide this type of service, otherwise the result will not be accepted by the notary.

Once all the requirements have been met, you can obtain a certificate, which can be issued as the only one if the applicants are no longer present, or one for each of the heirs.

If problems arise in the context of the inheritance process, it is always possible to apply to the courts; if the value of the shares exceeds 50,000 roubles, it is necessary to apply to the district or city court, the justices of the peace work with a lower value of the assets.

Time limit to be applied

Need to be addressed duringSix monthsIn 6 months, all documents must be prepared and processed, otherwise the inheritance will be transferred to other applicants or transferred to the State.

How to Formalize

Legacy is not an easy process, but in a step-by-step manner, you will be able to achieve the necessary results and get the death stock at your full disposal.

In carrying out the process of inheritance, it is necessary to:

• Write a statement to the notary;
• Collect and provide a package of documents;
• To pay the government fee;
• Take the certificate.

Conditions

The right to inherit becomes one of the most important issues without proof that a person is not entitled to property.

It is also important for the inheritance to be discovered that the heir either dies and is documented or has been found dead by the court.It is important that the heir be considered worthy- The contrary can be proved through a court of law, and this fact excludes the right to inherit property.

Documents

The collection of documents and their provision is a mandatory moment in the inheritance of property and shares, including a statement for the notary and the heir's passport, a will if there is one.

A marriage or birth certificate is also required to prove a relationship in the absence of a will; a certificate of registration and a bill of payment of a duty are required; this list of papers is usually sufficient to obtain an inheritance.

Features

It matters!If there is a need to separate the inheritance, there must be a separation agreement, but the agreement is received after the notary certificate of inheritance.

In addition, additional documents may be required – court decisions, and so on, which will require a notary.

Assessment for entry

1. The valuation of shares is a mandatory phasewhich must be passed upon the succession of such papers.
2. It is not always easy to evaluate them; there are several types of valuations – market, balance sheet, nominal, and others.
3. The assessment work should be carried out by a licensed evaluation company, only then would the notary accept the results.
4. Individual valuers are not recommended, and many notaries do not accept such results.

Why do you need me?

The need for an assessment relates to the division of inherited property when several people claim it, and each must receive his or her share.

Other property that is inherited - real estate, motor vehicles, etc. - is subject to valuation.The result is necessary for the payment of the dutywhich is calculated from the value of the inherited property.

Order and stages

The evaluation is conducted by specialists within an hour and up to a few days, and there are no strict regulations on the subject; the company needs to have a good reputation, to agree on a time frame for the procedure, to pay for the work, and then you will have the result that you need to attach to all other documents that are necessary for the notary and to make them available.

Value

The cost of carrying out the work may vary according to the stock itself, the number and variety of the work, as well as the policy of the company to which you entrust the evaluation.1,200 rubles.

Equity societies and their characteristics

In order to inherit shares (e.g. Sberbank), it is necessary to contact the management of the organization to which they belong.

GTA share

It is not only a matter of obtaining a certificate of inheritance, but also of the consent of the other members of the Board that the shares will pass over to the heir and will be in his possession; and if the owner of the shares refuses to do so, their value shall be paid for the period of the death of the owner; and according to the law, the amount corresponding to the value of the shares will be paid for the day before the death of the owner.

Share of AO

Similarly, there is a succession of AO shares, but there are considerably fewer restrictions, and there are no difficulties; the heir may apply to the registry holder with the relevant documents and he/she will have his/her right automatically.

The inheritance of a part of the partnership on faith

The inheritance of a share of the partnership in faith also requires the consent of all members to the transfer of the share to the heir or heir.

Plagues

The process of inheritance of any property requires the payment of a duty.

The amount is calculated from the total value of the inherited property0.3 per centfrom it for the heirs of the first two rounds,0.6 per cent- for distant relatives in the first case, the amount shall not exceed100,000 rublesin the second it is limitedmillion.

The payment documents must be kept, attached to the total package of paper for the notary; it is not possible to issue the certificate without payment of the duty.

Time frame

The time limits remain the same as for other categories of inheritance.semi-annual periodfrom the death of the heir, or from the moment the court found him dead.

In most cases, the timing remains the same, but if you inherit due to the rejection or failure of papers by the heirs of previous degrees, only.

It was important to meet the deadlines and conduct all activities, get a full package of papers before they expired, otherwise there could be no inheritance, and it would be very difficult to challenge that, even if there were valid reasons.

Conclusion

Thus, it is possible to inherit shares that are an integral part of the estate; inheritance cannot be taken in part or with conditions, together with property, property, debts, loans that will have to be repaid, and this aspect needs to be clarified in advance.

By assessing the value of the shares, you can prepare the required documents for the notary, as well as once again weigh the value of the inheritance if some issues remain contentious.

The assets may have different values, some securities are very expensive, and they will be able to significantly improve the property of the heirs.

Share inheritance - transfer by law how to formalize (reform)

Most often, the estate consists of real and movable property, money and precious metals, but it may also include a less rare object – securities, and how shares are inherited after the owner's death, and we need to know the potential receiver.

Article 1112 of the Civil Code indicates that the shares are objects of civil rights, the inheritance of which is subject to general rules.

General

The stocks are a form of securities, which are issued only by joint stock companies, which confer on their owners the right to dividends and participation in the management of the organization, as well as the right to share in the company itself if it is sold.

This is a type of personal securities that can be released in non-documentary and documentary form; the first type of paper – cannot be sold; the data about it is recorded in registries; the second type — it can be resuscitating and non-releasable.

The main value of the shares is the dividends that continue to accrue after the death of the owner and their inheritance by the new applicant.

Whether shares are passed on by inheritance

Is it a question of the current owners and potential owners of this type of property?

The right to re-register the shares to the new owner who inherited them is stipulated in article 1176 of the Civil Code, after which the new holder becomes a member of the AO.

The new owner will be able to enter into his rights in at least six months' time, and it will take some time to make changes to the Register, and it will not be possible to become a shareholder until all the procedures are completed. A new entry in the Register is the basis for a change of ownership. So, how do we process shares by inheritance?

Standard stock inheritance procedure

The inheritance of this type of property is subject to both the law and the will, priority, as is usually given to the will.

If there are all rules, a certified owner ' s order, the transfer will be made in accordance with the will of the deceased citizen.

It is only in the absence of this paper that the legal procedure of succession becomes effective by the refusal to accept the rights of the receivers.

General order:

1. Confessing death, missing citizen.
2. Opening of the notary process.
3. The applicant ' s application for eligibility.
4. A request by a notary at nominal cost.
5. Collection of necessary documentation.
6. Getting a certificate.
7. Transfer of the entire package to the registrar.
8. Introduction of information on the new owner of the registry holder.

Attention!Without a change in the register and a corresponding certificate, there will be no reason for the receiver to dispose of the inheritance.

Recourse to the recorder of the AO

The register of any enterprise shall record shares, funds and all information on the fragmentation, issuance of securities and the payment of dividends on them shall be kept in the register and the data on their owners, nominal holders, shall be entered in the register; in the case of ransom, inheritance of shares, information on the change of ownership shall be entered.

The register is used to identify the owners of the paper. Both the enterprise itself and the natural persons involved in the securities market can do so.

The register contains information that is classified as confidential, so it cannot be obtained by a potential receiver himself. The notary who opened the process must send a request on the basis of which the registrar:

• Locks accounts;
• provides an extract from the registry of the holder ' s account;
• Provides information on the nominal value of the papers.

Attention!The statement of nominal value issued by the registrar is a sufficient basis for determining the value of securities; the figure in the document is used in the calculation of the public service.

Notarization of shares by inheritance

The main task assigned to the notary is to verify the authenticity of the documents and the rights of potential receivers; the applicants must file an application on the basis of which they will eventually be issued a certificate of ownership; this document is subject to subsequent reform.

Notary paperwork:

• Statement;
• Death certificate/judicial decision to declare a person missing;
• A document confirming rights (in will, marriage or birth certificates, adoption);
• Documents from the owner ' s place of registration;
• The Panel recommends compensation in the amount of US$ 1,000,000 for loss of tangible property, which confirms the ownership of a particular type of stock by the deceased person.

Note!In dealing with non-documentary valuables, a notary request is sent to the AO to clarify information on them.

The majesty calculation

All persons, except in the preferential category, pay the Minister of State for certain actions by public officials and bodies.

The cost of a notary certificate, if inherited, would be 0.3 or 0.6 per cent of the value of the property.

The nominal value prescribed in the record keeper ' s statement shall be used for the calculation and the market value may be taken into account if at least 10 transactions have been made in respect of the facility in nine commercial days.

Like the registrar's got to re-enact the estate.

The final stage of the estate succession is the change in the new user data in the Register.

• Notarized heirloom certificate;
• Passport;
• Certificates to the facility (if they are documentary shares);
• An assessment of the market value.

If the entire package is available, the registrar will remove the former owner ' s documents and issue a new certificate to the receiver of rights.

The circle of heirs

And if you do not have the right to inherit, then you will have the right to be asked to do so first; and if you do not have the right to do so, then you will be asked to do so in the nearest possible way; and if you do not have the right to do so, then you will be asked to do so; and if you do not have the right to do so, then you will be asked to do so in accordance with your duty to Allah; indeed Allah is Oft Forgiving, Most Merciful.

Who can inherit securities:

• Bequest receivers;
• Legacy by law;
• Mandatory applicants for inheritance (minor children, dependants).

Article 149 of the Civil Code determines who is a compulsory receiver; if there is a will, the applicant from this group will have to allocate at least half of the amount that they would expect in the next succession order.

Who cannot inherit:

• A applicant who has waived his or her rights on his or her own;
• A person who is not included in the will and is not a compulsory heir;
• The applicant, which is not in line for which he is called upon to inherit the first;
• Persons found to be unworthy heirs.

Note!If the applicant has caused harm to the health and life of the heir and his relatives, or has caused a deliberate damage to his property, he may be regarded as a group of unworthy heirs, and they may be restricted in their inheritance rights.

• Question 1.What articles of the law are there to deal with the next succession?
  Response 1.Articles 1142-1145 and 1148 of the Civil Code must be taken into account.
• Question 2.How will the distribution take place if there are several applicants for inheritance?
  Answer 2.The estate will be distributed among the applicants in the amount of the shares specified in the will; in the case of another order, there will be an equal division; how to divide the property is referred to in article 1165 of the Civil Code.
• Question 3.What is the time limit for claiming rights to securities after the death of its former owner?
  Answer 3.This type of property is subject to a standard semi-annual period; if the deadline is missed, it will need to be restored through a court of law, proving a valid reason for the pass.

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Succession and valuation of shares

Investment in shares is a long-term financial investment for which the shareholder earns the entire life of the community; therefore, the issue of succession of shares is relevant and requires careful consideration.

The procedure for the succession of shares

In the event of the death of the owner of the stock, the estate will be taken over by the heirs, and this may occur in two ways: by a written will indicating the future owner of the estate, or by law, when there is no written will.

Legacy of shares by law

If the owner did not make a will in life to indicate the future successor or simply did not reflect those who would own them, the inheritance would be carried out in accordance with the law.

The Civil Code of the Russian Federation stipulates that only the relatives of the deceased may inherit under the law, which establishes their own line of succession. Seven rounds of relatives, from their immediate spouses, parents or children, to their cousins and cousins, are allocated.

There is also an additional category for non-family dependants.

And if there are no heirs in line, then leave them to the next, according to the degree of kinship.

Succession of shares in a will

The transfer of the shares specified in the will takes place strictly to the people whom the former owner has indicated, and the heirs are not only close relatives; there are no lines; the securities will be given to the person and the exact amount that is recorded in the will.

Share inheritance

No later than 6 months after the date of death, the heirs must apply to a notary office and apply for a certificate of inheritance; the office located at the address of the deceased equity owner must be contacted; the shares, together with all other property, will be made into the inheritance either by law or by will.

How do you know if a person has a stock?

It's quick and accurate to find out if the deceased has securities, you can use a notary.

If you go to a notary office where an inheritance is opened, the notary himself will make inquiries to all the authorities that possess information about the holders – banks, registrars and tax inspectorates – and you can be sure that they are available or not available for inheritance.

What actions need to be taken to inherit

It would be necessary to collect and provide the notary with a package of documents prescribed by law in order to legally inherit.

It includes:

• Death certificate;
• A home book or an extract containing an indication of the place of residence;
• Documents confirming the identity of future heirs;
• Evidence of a relationship with the deceased;
• An extract from the general register of shareholders obtained through requests from a notary.

It is also necessary to attach a fee receipt for securities valuation services provided.

Consideration should be given to the differences in the form in which the papers are inherited.

The succession of AZA shares has a number of differences, such as:

The shares will be transferred to the new shareholder only if there is no requirement in the statute for the mandatory consent of the other shareholders.

If the shareholders refuse to hand over to the heir part of the WAA, they must buy them out.

If the current shareholders do not make a ransom, the heir becomes the full owner.

It is not lawful for you to inherit shares of the AOA, nor for you to inherit shares of the AOA (now referred to as PAO), nor for you to sell, transfer, or give, without the consent of the other shareholders; it is convenient for you to have a few heirs whose shares have not been allocated; it is bought by one of them, or they are sold to another.

Valuation of shares for inheritance

Where there are securities in the property to be inherited, an assessment of the value of the assets is required.They are not tangible property and their value can fluctuate very much, and the amount of State duty is directly dependent on their price.

That requires the valuation of shares in the inheritance for a notary.

In order for the heirs to receive their share, it is necessary to estimate the value of the shares, and it is from the total value report that the notary will allocate the share of each heir and issue a certificate of inheritance.

In order to obtain it, a fee receipt should be attached to the list of documents, depending on the total estimated value and degree of kinship:

• 0.3 per cent of the market value for the first set of heritage (spouses, children, parents);
• 0.6% of market value for all other heirs.

Accordingly, the smaller the total amount of the valuation, the less the duty.

At what date to carry out the assessment and the necessary documents

The assessment shall be carried out at the date of death of the holder.Their market value is specified on the day in question, using data from exchanges, information from registry holders and reports on similar services.

Where to apply for evaluation

The subject is dealt with by licensed evaluation companies whose activities are controlled by the State and which prepare and process the report in accordance with the requirements of the law; the report is used to calculate the duty and the total value of such property.

Legacy of shares

All information on the owners of the shares is contained in an extract from the register, which reflects the ongoing sales or other dispositions; therefore, the record keeper should be notified of the death of the shareholders in order to be correct and appropriate.

Once the heir receives a certificate of inheritance from a notary, he must re-formate the stock from the registrar in his name.How this should be done, and what documents should be provided, should be clarified directly within the organization.

The general rules, however, mean:

1. Collection of documents including the certificate of inheritance and his passport.
2. I'm gonna hand over the full package to the Reestrohost.
3. Change of shares to a new shareholder.

It is not lawful for you to inherit a share of what is due to each heir, nor for you to inherit a share of what is due to you, nor for you to inherit a share of what is due to you, nor for you to inherit a share of what is due to you, nor for you to inherit a share of what is due to you, nor for you to inherit a share of what is due to you, nor for you to inherit a portion of what is due to you, nor for you to inherit a portion of what is due to you.

Assessing shares for inheritance: How to reform and obtain by law

The value of the estate is a key part of the inheritance, and the value of the property depends on the amount of the fee, so that the price of the date of death of the owner is determined; the beneficiary or group of heirs determine the valuation company themselves; and consider how the valuation of the shares for the inheritance is carried out.

Can the shares be inherited?

In accordance with the law, a citizen has the right to include in the estate any property, except for objects prohibited by free circulation, which requires authorization.

Common property included in the inheritance includes:

• Real estate;
• Land holdings;
• :: Enterprises and shares in fixed capital;
• Bank accounts and deposits;
• Cash;
• Jewelry;
• Securities;
• Domestic items;
• Equipment;
• the production of the enterprise ' s products.

The estate may be made part of the estate without restriction and the heir is entitled to ownership of the securities after formal inheritance and conversion of the shares.

Attention!A citizen may include in the heirs of any legal or natural person of his or her choice, without regard to the relationship, and it is mandatory to allocate a share to the owner ' s dependants; the remainder shall be transferred to any person, to the owner ' s discretion.

Composition of successors

Consider in more detail how to formalize the inheritance, and to do so, it is necessary to determine how inheritance takes place, and the Civil Code provides for two options: wills and rules of law.

In the absence of written consent, the deceased ' s relatives are called upon to inherit; the order of priority is laid down in the Civil Code.

The mother, the father, the son, the daughter and the living spouse are given priority over the deceased ' s property.In addition, the right of claim is vested in a person who is dependent on the owner, each of whom is entitled to an equal share.

If a citizen has issued a written expression of will and has assured him properly, the right to claim the deceased ' s property shall be vested in the persons specified in the will.

What the Shares Give to the Heir

The law provides for the right of the shareholders to participate in the shareholders ' meeting and the citizen has the right to vote in the organization ' s affairs.

The owner may obtain data on the activities of the organization and, on the basis of the results of the financial year, the amount of the dividends (income from the activities of the enterprise) is determined. The profits are shared by the shareholders on the basis of the number of securities; the death of the owner does not affect the calculation of the dividends.

The inheritance of shares under the law gives the right to receive dividends in lieu of the previous owner; if necessary, securities may be disposed of at their own discretion; a citizen may sell, give or bequeath shares.

Registry holder

How to obtain shares in the estate after death? First, it is necessary to determine who is the custodian of the stockholders ' register; the register contains comprehensive information on the stockholders ' composition.

Upon the death of the owner of the shares, it is necessary to:

On the basis of the value of the securities, the State duty for the notary is calculated.

It matters!Once information on the death of one of the shareholders has been received, the Registrar of the company must freeze its accounts before the beneficiaries of the property inherit.

Who else is involved in stock valuation

The registry holder estimates the nominal value of the shares rather than the market value; therefore, the recipient has the right to obtain alternative information on the value of the securities.

The assessment may be carried out by specialized organizations, including exchanges and banks, for which the citizen must choose the organization and make an application, and the request must be accompanied by information on the owner ' s death, the relationship data and the register statement received at the request of the notary.

The service does not exceed 3 days, resulting in an evaluation report.

The value of the valuation is not dependent on the total value of the property.

The valuation for the inheritance of shares is based on the following information:

• Prospects for the expansion of the economic entity;
• The financial stability of the enterprise;
• the level of dividends.

One of the options for a preliminary assessment is information from an online program. It is necessary to clarify which stock exchange is in circulation. The data should be available on the company's website.

In addition, the value may vary according to the size of the equity, with packages up to 10 per cent less expensive.

The procedure for the processing of the inheritance

How can we re-enact the shares by inheritance?

The time limit for the submission of information on the inheritance is six months from the date of the death of the owner.The recipient must file an application with the notary who is in charge of the inheritance.

The law does not permit the transfer of shares to the heir until such time as the notary may appoint a manager to ensure the security of the securities.

The trustee ' s services are reimbursable and the heir should be interested in securing the security of the securities in a timely manner; once the inheritance period expires, both the securities and the dividends awarded over the period will be handed over to the recipients.

The notary and the manager enter into a contract; the cost of services is set at 3 per cent of the value of the assets; the term of management is fixed by agreement of the parties.

It matters!Once an inheritance has been made, the citizen receives a certificate of right to inherit; the document is made available for change in the register of shareholders; the recipient refers personally to the registrar and provides supporting documentation; then he becomes the full owner of the securities.

Application

In order to obtain shares in the inheritance, a citizen must apply to a notary; the document is free; it must include:

• Data of the notary who conducts the inheritance case (name of office, F.I.O. specialist);
• Information on the recipient of the property;
• The name of the document;
• Information on the owner ' s death (reports of documents);
• The wish to inherit;
• A complete list of the deceased ' s property;
• Information on other recipients of property;
• The grounds for obtaining property (native ties or will);
• Signature, recipient ' s name and date of compilation.

You can download a sample of the application for inheritance and a certificate of succession here.

Necessary documents

How will the shares be inherited after the death of the owner?

• A document on the death of the owner;
• Civil passport of the shareholders;
• Related documents (if any);
• The written expression of the deceased ' s will;
• Information on the latest place of registration of the owner;
• Data on the availability of shares;
• Securities valuation report.

Heirs ' expenses

The recipient pays the fee and provides the supporting documentation; in addition, the duty can be paid directly from the notary.

The amount of the payment is calculated on the basis of the amount of the valuation of the shares, for which it is necessary to provide data on the relationship between the owner and the recipient.

For close relatives (spouses, children, brothers and sisters, parents, grandparents), the amount of the duty is reduced.It represents 0.3 per cent of the estimate, with a maximum fee of 100,000 rubles.

In addition to public service, the recipient must pay for the services of a notary and the amount is fixed by a notary office, with an average payment of about 5,000 roubles.

Registration of ownership

After obtaining a certificate of right to inherit, a citizen must apply for a change in the shareholders ' register and the following documentation must be provided for this purpose:

• The certificate;
• Civil passport;
• Certificate of the deceased ' s rights to securities;
• Evaluation report.

Upon receipt of the information, the registrar must discharge the late owner ' s certificate and then issue a new document in the name of the recipient of the securities.

Shares and other securities are included in the list of estates on general grounds, the citizen submits documents to the notary for inheritance and the recipient must make an assessment of the shares.

The notary must take measures to secure the security of the securities; the administration of the property is paid out of the deceased ' s property; upon entering into the inheritance, the citizen must submit the information to the shareholders ' register.

Stock in a joint-stock company

The document regulating the transfer of shares by inheritance is the Civil Code of the Russian Federation. Paragraph 3 of article 1176 of the Civil Code states that a member of the AO (equity society) shall inherit the shares held by him.Has to.To admit into their ranks a successor who has inherited such a legacy.

The subject of succession in the AO is a certain percentage, i.e.ShareThe right to own a specified share in the ownership of an enterprise and the possibility of obtaining a proportionate profit is understood to mean the right of ownership of a specified share in the ownership of an enterprise.

The shares acquired in the marriage are:joint propertyOnly papers forming part of the deceased spouse ' s property are inherited.

According to article 2, paragraph 2, of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, the Optional Protocol to the Convention on the Rights of the Child, the Optional Protocol to the Convention on the Rights of the Child, the Optional Protocol to the Convention on the Rights of the Child, art.

1152 SC of the Russian Federation, heir can accept his share exclusivelyTotalIf he actually or legally accepted other property from the estate, which includes shares, then he automatically became the heir to the papers.

Stock refers to property thatneeds to be managedUnder articles 1026 and 1173, a notary is entitled to appoint a trustee as a trustee; his appointment does not mean that property rights are transferred to that person.

The grounds for the inheritance of shares

Shares and securities will be inheritedon general groundsThis is the case according to paragraph 2 of the Russian Civil Code. According to the rules of succession, they may be claimed.one or more successorsThere are only two grounds for inheritance: the law and the will of the testator (the will).

Legacy

• If a will has not been made or an act is not mentioned in the document, the succession takes place in accordance with the legislative rules, chapter 63 of the Criminal Code of the Russian Federation.
• Under the law, only a person may inheritNext of kinThe heirs have a number of priorities, ranging from the closest of kin — children, parents and spouses — to cousins/sisters, nephews and stepchildren.
• The right to inherit shares and the rest of the property goes on to the next round,If there are no successors in the previous one.
• The evidence giving family members the right to inherit is:Related documents and other certificates(e.g. propiska of a dependent with the heir).

Legacy inheritance

If the heir has left a will document indicating the heirs, it is the said people who receive the specified property, including the shares.

Heirs to the willmay not necessarily be relatedThe heir may appoint successors of his or her own choosing, guided by his or her own principles and preferences.

In any case, the so-called heirs will be the so-calledMandatory heirs(article 1149 of the Russian Civil Code) even if the testator did not specify them in the document.

It is better for the heir to mention these relatives in the will and to indicate their share so that there is no confusion and delay in the division of property.

If the document does not specify to which of the beneficiaries the shares will be paid, they will move tocommon propertyAnd are divided among the contenders,in equal partsThe exception is the share of the compulsory heirs, which is calculated by the algorithm of article 1149 of the Russian Civil Code.

If the heirs do not wish to accept the inheritance to which the shares belong (and they have the right to do so), if there are no surviving successors or a notary who has the will of the testator, they cannot find them, the estate may be recognized in due course.Sorry to bother you..

I mean, one that doesn't belong to anyone, so it's gonna go to the state.

Procedure for the granting of inheritance rights to shares

The date of acceptance or withdrawal of the heir ' s share, including shares, is6 monthsDuring this time, the heir, who is aware of his rights, must contact a notary office.at the place where the inheritance is opened(inheritor ' s residence) and write an application requesting a certificate of right to inherit.

Procedures for processing

The notary's gonna open up.The inheritance caseHe would like to know which documents, other than the standard package, were still to be finalized and asked whether there were other legitimate applicants for the estate of the heir (in the case of a legal succession) or compulsory heirs (in the event of a will).

The notary must issuecertificate of right to inheritance six months laterHowever, the length of time is often prolonged by contact with the shareholders ' register.

Necessary documents

You're gonna need an inheritance to process it.Standard documents:

• The testimonial of the death of the heir;
• An extract from the home book at the place of his last residence;
• Evidence of affinity or will;
• The identity of the heirs;
• Right-making documents for immovable property (if any).

Right-making instrument for shares —extract from the shareholders ' registerThe successor shall apply for it upon the request of the notary.

The heir is obliged to pay.Yes, ma'am.For the provision of the service, attach the payment receipt to the package.

Once the heir ' s inheritance certificate has been issued with his passport and the original certificate (or notarized copy) in person or through an intermediary, contact the registrar withStatement of changes to the shareholders ' register.

Since when does the heir become a shareholder?

Under Russian law, the right to inherit property, including shares, arises for the heir from the moment the inheritance is discovered, but the heir becomes the owner of the shares, can dispose of them and participate in the administration of the community (if the number of shares permits)only after changes have been made to the shareholders ' registerThese two points don't match.

Once a citizen has become heir to a particular heir,6 monthsHe must declare his inheritance rights to a notary (art. 1154 of the Criminal Code of the Russian Federation).

Unless otherwise specified in the will, the heirs are entitled to all shares in the common estate from which the estate is held.Everyone can claim their share.(article 1164 of the Russian Civil Code).

To become a shareholder, a personHave to be accepted as a member of the AO..

This sometimes happens indisputably and automatically, but sometimes the acceptance of a new member requires the consent of all others (according to the statute), pursuant to article 23, paragraph 5, of the Act on Limited Societies, if shareholders refuse to accept a new member, they are obliged to pay compensation equal to the value of the shares.

An example of a man who received shares in a business where he worked after changing his form of ownership. After his death, his wife accepted the inheritance, who had no idea of the existence of the papers. She also died shortly thereafter, the inheritance went to three of her able-bodied and adult children. They learned of the existence of the shares after an invitation to the shareholders' meeting had come to his father's name. The children asked the lawyer if they could participate in the meeting.

The lawyer responded in the negative, and only shareholders could participate in the meeting, and the three adult heirs would become members after they had received a new certificate of inheritance, including shares, and then the document would be referred to the register holder to change it.

The heir will also have to face the market value of the shares requested by the notary.

Problems in the inheritance of shares

The succession of shares has some underwater stones because the law pays too little attention to this issue, and not all the issues relevant to inheritance are taken into account.

Lawyers are inclined to believe that in the absence of heirs or their refusal to accept assets,The formation of a morbid inheritanceIn the case of stocks, this principle is very unfortunate, because participation in AOs is both burdensome and unprofitable for the State, and it would be far more appropriate to establish a rule by which stocks move to the balance of society and then they are sold.

If, on the day of the death of the heir to the stock, they were not fully bought out,Returning to SocietyIt would be more logical to grant beneficiaries the right to pay the balance of the sum and to purchase the papers.

The stock is often in a non-documentary form, with the heir having to confirm the right of the heir to them. long correspondence often takes place between the successor and the shareholders ' register, which prolongs the period of eligibility.

Another problem is:The emergence of fractional sharesThey cannot be avoided when there are binding heirs whose share cannot be reduced, nor can they be prevented by a reduction in their share; the owners of fractions cannot participate in the management of the AO.

Difficulties arise from attempts at market valuation of shares at the request of a notary:It's hard.If the papers do not bid, because of the length of time and the inability to obtain inheritance rights, the successors are obliged to do so.I'm gonna sue you.

Only shares belonging to the heir are inherited.At the time of his deathThat is, if after the discovery of the inheritance the AO converted and 30 papers were created instead of 20 papers, the heirs would receive only 20 of them.

Conclusion

• The equityr, among other assets, inheritsSharesThese papers shall be inherited on the same grounds as other property and rights —by law and will.
• Shareholders must write an application for a certificate of right to inherit6 months after the death of the heir.
• Upon receipt of the document, the successors must contact the shareholders ' registry so thatAmend the registerOnly after their names are on the list will the heirs become shareholders.
• The legislative provisions of the Russian Federation do not fully support the transfer of shares by inheritance, so there may be various delays, Kazus and inheritance problems.

Question

A year ago, Grandpa died, and I know for a fact that there's a lot of stock left in his field for a successful company.

It depends on the form of the company's ownership. If it is the UAO, it is necessary to refer this matter to the Registrar of the Society. If it is the Registrar of the company, the CBO is directly involved in the society itself.

But these organizations can only answer the equity owner or their heir. To prove that you are the heir, make a request through the notary who was in charge of the inheritance. Even though it would not be easy for relatives to sell the shares, they would have to produce a certificate of inheritance, and if you were the heir, it could not have passed you.

Question

My father died 12 years ago, and there was no inheritance after him, only recently it turned out that he was the owner of some of the oil company's personal shares, and we found out about them when those interested in buying began to send their offers.

I have my husband's last name, can I claim my father's property with her?

You don't have to go there, you can file a lawsuit with a letter, and if there are any other heirs, you need to get a notarized waiver of the right to inherit the shares or a similar application for restoration.

Among other documents, you need to submit a birth certificate to the court, which will confirm your relationship with your father, so changing your last name isn't scary.

If you know which company owns the shares, find the record keeper and, after visiting the notary, send him a request for the number of shares; the register holder may be a specialized organization (not many even in the big city) or the business itself that issued the shares.