Buying and selling a car through a notary in Almaty — contract and power of attorney with the car and the seller checked before signing

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Buying and selling a car through a notary in Almaty: contract and power of attorney

You are selling or buying a used car in Almaty and do not understand whether you need to go to a notary and which document to choose: a sale and purchase contract or a power of attorney. The situation is complicated by the fact that acquaintances give different advice, and the internet mixes Russian and Kazakhstan rules. As a result, it is easy to draw up a document that will not give the necessary rights or will create problems during re-registration.

In practice, the choice depends on who the seller is, who the buyer is, how the car will be used and whether there are any restrictions. A notarial form is not always mandatory, but in a number of cases it is precisely what protects against the transaction being challenged and claims by third parties. Below is a substantive analysis of each option from the point of view of Kazakhstan law.

Buying and selling a car through a notary: when a notary is really needed

A Specialised Public Service Centre (spetsTSON) is the usual route: on registration, the sale and purchase contract is signed without a notary if the parties appear in person and the car is not encumbered in any way. Notarial certification is at the parties' discretion or when the situation requires verification. Here is when buying and selling a car through a notary is genuinely justified.

Complex cases where the notary's role is significant: the sale is made by a representative under a power of attorney, there are several owners, the car is pledged, or the buyer is from another city and cannot come in person. The notary checks the identity of the parties, the car's registration and encumbrances, and the representative's authority — by the power of attorney number in the unified notarial information system.

In a simple transaction, buying a car through a notary is not mandatory, and there is no point in overpaying for certification. Selling a car through a notary is needed when it is important to record the owner's will and remove the risks of a forged signature or a dispute over title. If the buyer and seller know each other and the documents are in order, a spetsTSON is enough.

• The sale is made by a representative under a power of attorney — their authority is checked.
• There are several owners — each signs the contract.
• The car is pledged or under seizure — encumbrances need to be checked.
• The buyer is from another city — the transaction without personal presence.

Sale and purchase contract for a car through a notary and without a notary

Many believe that a sale and purchase contract for a car through a notary is a mandatory condition of any transaction. In fact, in Kazakhstan the contract can be signed without a notary when registering at a spetsTSON. Notarial certification is at the parties' discretion or when the situation requires it.

With a notary, a sale and purchase contract for a car differs in that the notary checks the identity of the parties, their legal capacity and authority, explains the consequences and certifies the signatures. Such a notarial sale and purchase contract for a car records the expression of will at the moment of signing and reduces the risk of it being challenged retroactively.

A sale and purchase contract for a car without a notary is signed at a spetsTSON during registration: the spetsTSON officer verifies the data, unit numbers, and the absence of prohibitions and pledges. An error in a handwritten version, the loss of a copy, or a signature without verification of authority can result in refusal of registration or a dispute over the validity of the transaction.

What to choose — clearly:

• Notary: verification of the parties, explanation of consequences, certification of signatures.
• SpetsTSON: verification of unit numbers, checking of prohibitions and pledges before registration.
• Handwritten contract: risk of errors and challenge if authority is not verified.

Notarial certification does not cancel registration at a special Public Service Centre; the choice depends on the situation and the wishes of the parties.

Power of attorney to sell a car instead of a sale and purchase through a notary

A power of attorney to sell a car is a document by which the owner authorises another person to carry out a transaction on their behalf. Under such a power of attorney, the representative signs the sale and purchase agreement, receives the money and hands the car over to the buyer. But by itself it does not make a person the owner: ownership passes only under a sale and purchase agreement, so a power of attorney does not replace the transaction.

Most often a power of attorney is issued for re-registration of a car at a special Public Service Centre: the representative submits the documents, registers the car, receives the plates and the technical passport. A power of attorney for the right to sell a car grants the authority to sign the agreement, receive payment and re-register the car in the buyer's name. For this, the specific actions must be listed directly in the text, otherwise the notary will not certify the document or the representative will run up against a lack of authority.

A power of attorney to represent the interests of the car owner is useful if the owner cannot come in person: it allows them to submit documents, obtain duplicates, go through the number check and sign the handover act. But this option is risky for the buyer: under a power of attorney they do not obtain ownership title, and the seller can revoke the document at any moment. If the goal is specifically a car sale and purchase through a notary, it is safer to draw up the agreement straight away and use a power of attorney only as an auxiliary tool.

• Power of attorney to sell a car: the representative signs the agreement and receives the money.
• Power of attorney for re-registration of a car: submission of documents and registration at a special Public Service Centre.
• Power of attorney to represent the interests of the car owner: number check, duplicates, handover act.
• A power of attorney does not replace a sale and purchase agreement: ownership passes only under a transaction.

Power of attorney for driving: is it needed when buying or selling a car through a notary

A power of attorney for driving a car in Kazakhstan long ago ceased to be a mandatory document for every trip. If the car is driven by a person authorised to drive under the compulsory civil liability insurance policy of vehicle owners (OGPO VTS), a driving licence and the technical passport are enough: whether a patrol stops him on the highway or on the way out of town, there is no need to confirm the right to drive with a separate paper. So the question "is a power of attorney for driving a car needed" in ordinary use is answered simply: no, if the driver is included in the policy.

A notarised power of attorney for driving a car will be needed in situations where the policy alone is not enough. It is required when the car travels outside Kazakhstan: at the border, not only the driver's right to be behind the wheel is confirmed, but also the lawfulness of possession of the vehicle. A power of attorney is also drawn up if someone needs to act for the owner at a special Public Service Centre — to re-register the car, to deregister it when taking it out of the country, to obtain a duplicate technical passport, to restore documents.

Company cars are a separate story. Company drivers are issued a power of attorney because such an employee may not be listed in the policy, and his connection to the car must be confirmed in writing. What to choose in a particular case — a power of attorney or a sale and purchase agreement — depends on the purpose: to transfer driving temporarily or to change the owner.

• Trips within Kazakhstan — the technical passport and policy are enough
• Travel abroad — a notarised power of attorney is required
• Actions at a special Public Service Centre for the owner — a power of attorney is required
• A company car — a power of attorney for the driver

General power of attorney for a car: the risks of buying or selling a car through a notary

"General power of attorney" is a colloquial name; there is no such term in the law: at the notary, a power of attorney is drawn up with a broad list of powers — to drive the car, to pass the technical inspection, to insure under OGPO VTS, to dispose of the vehicle and even to sell it. In essence, it is a document about representation, not about the transfer of ownership: the attorney acts in the name of the owner, but does not become the owner either at the moment of issue or after the transaction. A buyer who receives a car under such a power of attorney risks being left without rights to it if the principal changes his mind.

A general power of attorney for a motorcycle works by the same rules as for a car: the notary certifies the powers, and the principal remains the owner. If a person buys a motorcycle "under a power of attorney", he will not be able to freely dispose of the vehicle while the owner is alive and has not revoked the document. At any moment the principal may come to the notary and cancel the power of attorney, and the attorney should be notified of this in order to avoid disputed situations on the road and in transactions.

Such a power of attorney terminates not only upon revocation, but also upon expiry of its term and upon the death of the principal. This is the key difference from a sale and purchase agreement: after the death of the owner, the attorney's powers end, and the car becomes part of the estate. Therefore, for a genuine transfer of ownership it is more reliable to conclude a sale and purchase, rather than rely on a general power of attorney.

• Driving, insurance and technical inspection without the owner's involvement
• No transfer of ownership to the attorney
• Revocation at any moment through a notary
• Termination by term and by death of the principal

Power of attorney for a car from a legal entity and the sale and purchase of a company car through a notary

When a car is sold or bought by a company, the documents are drawn up differently than for an individual: the organisation is represented by its director or by an employee authorised to do so. A power of attorney for a car from a legal entity precisely records who is entitled to sign the agreement, submit documents to a special Public Service Centre and receive the money for the car. Without such a paper, the company's representative will have nothing to confirm his rights with, and the transaction may not be registered.

A power of attorney for driving a car from a legal entity is a different document: it gives the right to drive a company car, but not to sell it or dispose of it. If an employee with such a power of attorney turns up to complete a sale and purchase, he will not have the powers for the transaction. Therefore, the text of the power of attorney must clearly list the actions: conclusion of the agreement, signature, submission of documents for registration, receipt of payment.

A power of attorney from a legal entity is signed by the director or an authorised person, and the notary verifies the powers against the constituent documents. It is worth preparing in advance the charter, the order of appointment or the decision on the appointment of the director, and for the attorney — a document confirming his position and right to act for the company. If the signatory's powers have expired or the charter contains restrictions, the notary will refuse to certify, so it is better to carry out the check before the visit.

• charter and the decision or order on the appointment of the director
• power of attorney with a list of specific actions
• document on the position and powers of the attorney
• identity document of the signatory

Notarised power of attorney for a car to travel abroad after a sale and purchase through a notary

Once a car sale and purchase through a notary is complete, the car is often taken on a trip outside Kazakhstan. The owner does not need a power of attorney for their own car: the right is confirmed by the vehicle registration certificate. The document is needed by the person driving someone else's car — at the border they are asked to confirm that the owner has permitted the car to be taken out of the country. In such a situation, a notarised power of attorney for the car for travel abroad is drawn up — it expressly names the country and the driver's powers.

A notarised power of attorney for a car is drawn up for a specific situation: who the principal is, which country, what exactly is permitted — only driving, exit and return, or also sale and deregistration. A ready-made power of attorney form for a car from the internet is almost always unsuitable: it mixes in powers the person does not have, or on the contrary lacks the necessary ones. A notary certifies a power of attorney for a car only after verifying identity and legal capacity, and tailors the text to your task.

If you have chosen the option where a notary draws up a power of attorney for the car for a trip, check whether a translation is needed. For some countries a power of attorney for a car is translated; the translation is done by a translator, and the notary certifies their signature. Without such a translation, foreign border guards and police may not recognise the document. Common mistakes include a power of attorney for a car form downloaded from the internet, without stating the country and without a translation, as well as attempting to travel abroad under the sale and purchase agreement instead of a separate power of attorney.

• State the country of travel and the specific powers: driving, exit, return.
• Do not use a downloaded form — the text of the power of attorney is drafted by the notary.
• Check whether a translation and certification of the translator's signature are required.
• Take with you the technical passport, driving licence, identity card and insurance policy.
• Check whether the term of the power of attorney covers the entire period of the trip.

Other notarised powers of attorney that are drawn up together with car documents

A power of attorney is not only needed for car transactions. Sometimes it is drawn up in passing, when a person has already come to the notary about a car. A power of attorney for the right to sign and represent interests is useful if someone signs documents on your behalf or handles matters with organisations: for example, when deregistering a car or obtaining certificates. In that case the text expressly lists where the representative may sign.

There are also documents that do not require a notarial form. A power of attorney in free form for the receipt of goods is often written by hand, so that a courier or an acquaintance can collect an ordered item or part. A power of attorney for filing an application to accept an inheritance, on the contrary, must be notarised: under it, the representative files an application with the notary at the place where the inheritance is opened on behalf of an heir who cannot come in person.

Travel with children is a separate story. If a child flies or travels abroad with a grandmother, the parents draw up before a notary a consent for the child to travel with an accompanying person — in everyday speech this is also called a notarised power of attorney for the child to the grandmother. The document states the accompanying person, the country and the period of the trip. One more nuance: a car bought during a marriage is the joint property of the spouses, so when drawing up powers of attorney for a car and disposing of it, the consent of the other spouse is taken into account.

• A power of attorney for the right to sign and represent interests — for signing documents and visiting organisations.
• A power of attorney in free form for the receipt of goods — for a courier or an acquaintance.
• A power of attorney for opening inheritance proceedings — filing an application with a notary instead of the heir.
• A notarised power of attorney for the child to the grandmother — for travelling abroad with a child.

Documents for a car sale and purchase through a notary

The set of documents depends on who is selling the car and what condition it is in. Let us look at typical situations in Almaty: from a simple transaction where the owner sells the car in person, to cases where the car is owned jointly in marriage, is pledged, or is being sold by a company.

If the owner sells the car themselves, they only need an identity card and a vehicle registration certificate (technical passport). The buyer needs their own identity card and, in the case of a loan or instalments, the bank's documents. When the owner cannot come in person, the representative presents a notarised power of attorney with the right to sell the car and receive the money.

If the car was bought during a marriage, the notary determines on the facts whether the consent of the other spouse is required: most often it is notarised, or the other spouse attends the transaction in person. A car that is pledged may be sold only with the written consent of the pledge holder — most often a bank. If the seller is a company, the transaction is conducted by the director or a person acting under a power of attorney from the legal entity, and the package is supplemented with a certificate of state registration of the legal entity, the decision to sell and confirmation of the signatory's authority. Check the table: it helps you understand which set of documents to prepare in your particular situation, and avoid wasting time at the special Public Service Centre.

Before the transaction, check whether there are any encumbrances or bans on registration actions — this saves time and protects you from refusal.

If you are selling a car and want to transfer ownership for good, conclude a sale and purchase agreement rather than a general power of attorney: a power of attorney does not make the buyer the owner and leaves the risks with the seller.