ACTUAL ISSUES OF NOTARIZATION OF A VEHICLE LEASE AGREEMENT IN THE “CONSULTAN” APP

The "Consultant" mobile application is gaining more and more speed. Every day a lot of questions come from the legal and accounting sectors. Consider the issue of providing legal assistance. The client asked a question, namely: “Is a vehicle rental agreement subject to notarization? (Between a legal entity and FOP and an individual and FLP). ”

To answer this question, find out who is the lessor of the vehicle. So, according to article 799 of the Civil Code - a contract for the hiring of a vehicle with the participation of an individual is subject to notarization. That is, if the owner, and therefore the landlord, is an individual, the contract of employment must be certified by a notary. Regarding this norm of the Civil Code, there is the opinion of the Supreme Economic Court, set forth in paragraph 2.11 of the Resolution of the Plenum of March 29, 13, No. 12. Namely: the condition of notarization is applied in case of concluding an agreement with individuals. If the contract is concluded with a citizen who has received the status of a business entity (individual entrepreneur), such a certificate is not required. But when renting a vehicle from a legal entity, the legislation does not oblige to notarize the contract. In particular, according to Art. 209 of the Civil Code, a transaction concluded in writing is subject to notarization only in cases established by law or by agreement of the parties. Therefore, this contract will need to be notarized, only if the parties make such a decision.
Five consultants of the “Consultant” mobile application answered this question.

Consultant No. 1 - “Good afternoon. The vehicle rental agreement is notarized. However, it is included in the financial statements if you intend to include rental costs. "

Consultant No. 2 -" The lease agreement is not subject to mandatory notarization. But for effective judicial protection, in case of force majeure, I advise you to still use the notarial form. " 

Consultant No. 3 -" Good afternoon. Despite Art. 799 GKU which determines that the lease of transport, with the participation of an individual is notarized. However, this norm, in the opinion of the Supreme Commercial Court in the case No. 911/2761/16, dated 02.08.2017, does not apply to a lease agreement between a legal entity and a private entrepreneur, and chapter 30 of clause 5 of the CCU does not establish a mandatory notarization certificate for a lease agreement between business entities. However, there is DFS and may have to explain it to them. For more information you can contact me at the indicated contacts. "

Consultant No. 4 -" According to Article 799 of the Civil Code, a contract for hiring a vehicle with the participation of an individual is subject to notarization. Therefore, your contract is subject to notarization. " 

Consultant No. 5 -" Hello! On the notarization of a vehicle rental agreement between a legal entity and an individual entrepreneur: in this case, you can be guided by the provisions of Chapter 5, Section 30 of Section 6 of the Civil Code, does not establish a mandatory requirement for a notarization of such an agreement. On the notarization of a vehicle lease agreement between an individual and an individual entrepreneur: it should be guided by article 799 of the Civil Code of Ukraine, which states that a contract for hiring a vehicle with the participation of an individual is subject to notarization. ” 

So, summing up the above, we can conclude that the Mobile Application Consultants provided an exhaustive answer to the questions provided in accordance with the current legislation of Ukraine.