President of Ukraine Vladimir Zelensky signed Law No. 4174-IX, which expands the possibilities of disclosing bank secrecy. According to the new rules, notaries are given additional rights to obtain banking information about the property of missing persons. Lawyer, deputy head of Alibi JSC Alexey Bebel explained to Focus what the innovations mean and who they primarily concern.
According to Alexey Bebel, the law “On amendments to certain legislative acts of Ukraine regarding certain issues of disclosing bank secrecy and measures to establish guardianship over the property of an individual recognized as missing, or a person missing under special circumstances” concerns missing people.
“Therefore, what happens to a person’s property in this case is unknown, therefore, it needs to be taken under protection. Taking this into account, notaries are given the right to deal with such property. In particular, contact banking institutions with inquiries whether such a person has bank accounts and other valuables that can be stored in banks. And banking institutions will provide notaries with information for such requests,” the lawyer explained.
Now notaries will be able to obtain the following information:.
According to Bebel, the law determines that notaries will have the opportunity to make an inventory of the property of a person recognized as missing or missing under special circumstances, as well as appoint a guardian over such property. The guardian will have the right to obtain certificates of notarial acts performed in relation to the missing person if the guardianship of the property so requires.
In addition, as a result of the entry into force of the new law, notaries will have access to the Unified Register of Persons Missing in Special Circumstances. Note that the law signed by the president allows notaries, but also local government officials and consular offices to receive banking information. This will happen in order to protect the inherited property.
This applies, in particular, to the issuance of a certificate of inheritance or ownership of a share in the common property of spouses based on a corresponding application or in the event of the death of one of the spouses.
" After all, we understand that fortunately, a missing person may not always be dead. There is a possibility that he is alive. Therefore, when he returns, his property and bank accounts will be preserved,” added Alexey Bebel.
Let us recall that Focus has already written about the right of the state to receive information about the status of accounts and transactions of citizens. The tax consultant explained under what circumstances this is possible.
Focus previously wrote that opening a National Cashback card allows banks to transmit information on customer transactions.