Changing a surname after marriage, documents for replacement: procedure and rules

Why change documents after changing your last name upon marriage?

The need to replace certain documents after changing a surname upon marriage is determined by the current legislation of the Russian Federation. Moreover, deadlines have been established for the implementation of this procedure, and administrative liability for failure to fulfill duties is also provided. For example, 30 days are allotted for submitting documents to the migration service to replace a passport. If the newly-made spouse, for objective reasons, is unable to submit documents, she is obliged to notify the service in writing about this, indicating the approximate deadlines for filing. Otherwise, there will be grounds for holding her accountable for living without identification documents. For such an administrative offense there is a fine of 2 thousand to 3 thousand rubles (for those living in Moscow or St. Petersburg - from 3 thousand to 5 thousand rubles).

The right to choose a surname is one of the types of non-property personal rights of people getting married.

Replacing documents when changing a surname is a mandatory procedure that requires money and time

A difficult situation arises in the case of replacing a driver’s license, in which the data must match the passport data. Otherwise, the rights will be invalid. Until November 2014, the rules did not establish a direct obligation to replace a driver's license after marriage, but this is now necessary. Violation is punishable strictly - a fine of 5 thousand to 15 thousand rubles and evacuation of the vehicle to the impound lot. The invalidity of a driver's license is equivalent to its absence, therefore, with an old license, a person does not have the right to drive a vehicle. The consequences of evacuation are familiar to many drivers - you will have to pay for the work of a tow truck and parking “services”. In addition, it is possible to hold the owner of the car liable (if the driver and the owner are different persons), and this will bring 30 thousand rubles to the state budget.

The discrepancy between the data in the new passport and the information in other documents, which are also supposed to be replaced, will entail many difficulties, sometimes insoluble, for example, when carrying out business activities, servicing in banks, concluding real estate transactions.

In general, in order to avoid getting hefty fines and problems sooner or later, you should follow the rules and change all the required documents.

The tradition of changing the surname of a woman entering into a union with a man dates back to those times when surnames as such did not exist. Married women began to be called by their husband's name - Lada Lukyanova, Miroslava Panfilova, etc. This emphasized the role of a man as a protector and breadwinner and the dependence of a woman in family relationships. From pagan times, the custom migrated to Christian times, although there are no church canons establishing the obligation of a wife to take her husband’s surname. The departure from tradition began with the development of feminism. After the revolution of 1917, emancipated ladies in leather jackets did not recognize either marriage or the customs and institutions associated with it. Nevertheless, the tradition is firmly rooted, and modern girls in the overwhelming majority of cases, without hesitation, say goodbye to their maiden name and take the name of their beloved.

Procedure for applying the order

If an employee has made changes to his personal data, he must submit to the HR department an application for a change of surname, a copy of the new passport and supporting documents that are the basis for the change (for example, a marriage certificate). The application is created in free form according to established rules, on paper by hand or in printed form. You can write it before receiving a new passport based on supporting documents, and submit a copy of it later.

To register new personal data in the company, the manager needs to issue an order to change the last name . Its draft is prepared by a personnel service employee and submitted for approval to the director of the organization. After this, the order is recorded in the order registration book. This order must be familiarized with the employee's signature. The order to change the surname is copied, and its copies are given to all officials who need this information.

Documents to be replaced when changing surname

The list of documents that must be replaced after marriage looks impressive and includes the most important ones in everyday life or when formalizing the most significant relationships. The procedure for replacing documents usually differs little from the procedure for obtaining them, although there are some differences. It is much easier to re-register through the MFC or the government services portal - many documents can be replaced using these services. However, to obtain new documents you will still need to be present in person and submit the original applications. In some cases, the help of a representative who will take on most of the worries may be useful.

When getting married, the bride must realize whether she really wants to take her husband's surname

If the spouses decide to take a double surname, then all the burdens of replacing documents will fall equally on the shoulders of both. The husband will have responsibilities for replacing documents to the same extent as his half. The decision to choose a double surname is made at the stage of filing an application for marriage. The last section of the application indicates the surnames that the future spouses want to assign. A double surname is formed by hyphenating the husband's surname and the wife's premarital surname. One of the spouses may have such a surname. When replacing documents, in some cases the husband must have a military ID with him.

Upon divorce, the ex-wife can keep her husband's last name or return to her maiden name.

List of documents to be replaced

Often in the literature and on the Internet you can find a shortened list of documents (4–5 items), the obligation to replace which, as a rule, is directly provided for by the current legislation of the Russian Federation. However, there are still a number of documents that need to be reissued due to direct instructions of the law or are recommended to be changed in order to avoid possible misunderstandings and additional difficulties in the future.

The most complete list of documents that need to be replaced includes:

Passport of a citizen of the Russian Federation and a foreign passport.
Certificate of assignment of TIN (replacement is optional).
SNILS certificate.
Vehicle passport, vehicle registration certificate.
OSAGO policy.
Compulsory medical insurance policy.
Educational, official, party and other documents.
Employment history.
Driver license.
Debit and credit bank cards, savings books.
Card with samples of signatures and seals.
Register of shareholders.
Other documents.

Passport and foreign passport

There are three options for replacing a passport:

when contacting the branch of the regional Office for Migration (UVM) of the Ministry of Internal Affairs of the Russian Federation (former migration service);
when contacting the MFC;
through the government services portal.

First of all, after marriage, it is necessary to replace the passport of a citizen of the Russian Federation

To apply for a replacement through the government services website, you only need to submit an application in the prescribed form and send a scanned image of the photograph. The appeal is reviewed within 10 days. If the decision is positive, a notification will be sent to the email address specified during registration about the need to appear at the Ministry of Internal Affairs office with a full package of required documents, including a receipt for payment of the state duty.

A new passport is issued within the following terms:

through the Ministry of Internal Affairs - 10 days (when applying at the place of registration) and 2 months (when applying to any department);
through the MFC - 10 days (if applying at the place of registration) and 1 month (if applying anywhere).

To replace an identity document, you must submit the following package of documents:

Old passport.
Completed application form (except for cases of application through the public services portal).
2 photographs with a full-face position of the head without headgear, 35x45 mm (the face should occupy 70% of the area).
Birth certificate.
Marriage certificate.
Receipt for payment of state duty.
Documents for making mandatory marks in the passport: military ID; marriage/divorce certificate; birth certificate of children (up to 14 years); death certificate (husband or child).

Original documents are not submitted. The state duty is 300 rubles. Upon receipt of the documents, a corresponding certificate will be provided.

A passport is the most important document of a citizen. It may be required at any time. Some professions require a permanent passport. In such cases, you can apply for a temporary certificate (another photograph will be additionally required), which will be produced immediately (when applying to the Ministry of Internal Affairs) or within 3 days (when applying to the MFC).

Replacement of a foreign passport is carried out after replacing a Russian one in a similar manner. To do this you will need:

A completed application form is an application in two copies (the form depends on which passport is being issued - the old or new sample).
Personal photographs in the amount of 3 pieces for an old-style passport and in the amount of 2 pieces for a new-generation passport.
Internal passport of a citizen of the Russian Federation, already made in a new surname, as well as a copy of it.
Receipt for payment of state duty.
A previously issued foreign passport, if its validity has not yet expired.
A work record book for unemployed people or a certified extract from it for the last 10 years of work - to fill out the application.
Marriage certificate or divorce certificate and its copy.

The state fee is set at 2 thousand rubles for an old passport and 3.5 thousand rubles for a passport with biometric data.

Video: replacing a passport through the government services portal

Certificate of TIN assignment

The certificate can be replaced in person or by sending a registered letter to the tax authority at the place of registration (in the absence of registration, at the place where the old TIN was received). There is no separate application form for replacing the certificate; form No. 2–2-Accounting is used, which is used for the initial issuance. When submitting an application, you need a passport and a marriage registration certificate (if sent by mail, notarized copies). Replacement is possible through the MFC and the government services portal. This operation is not subject to state duty.

SNILS certificate

Within two weeks after receiving a new passport, you must apply to replace the SNILS certificate. The procedure can be carried out in the following ways:

through the Pension Fund of Russia;
through the employer;
through MFC.

The right to change SNILS through an employer belongs not only to officially employed women, but also to those working under a civil contract. The deadline for obtaining a new SNILS certificate is 10 days, but when replacing it through an employer, the deadlines are delayed.

To apply to the MFC, you can only submit an application with all the necessary attachments, but the receipt of a new document will still be carried out at the Pension Fund. The government services portal does not provide such a service.

When changing your certificate, you must submit the following documents:

ADV-2 form with a personal signature (filled out in the applicant’s hand);
old SNILS;
application for change of document;
valid passport;
Marriage certificate.

There is no state fee for replacing a pension document.

Despite the fact that there is no liability for untimely replacement of the certificate, the citizen himself is interested in an urgent replacement. After all, the SNILS certificate is a necessary document when applying for many services.

Vehicle passport, vehicle registration certificate

Making changes to the PTS and issuing a new vehicle registration certificate are different operations. But since they are carried out by one body on the basis of similar documents, and a single deadline has been established for the owner of the car to replace (make changes), it is advisable to carry them out simultaneously. Due to a change of surname, documents for the car must be replaced within 10 days from the date of receipt of a new civil passport. Changes are made to the PTS to change the personal data of the owner (if there are no free columns left in the PTS, a new one is issued). A vehicle registration certificate confirms ownership of the car. The owner of the vehicle applies to the State Traffic Safety Inspectorate with the following documents:

Application for replacement of the vehicle registration certificate;
Application to change registration data on a vehicle;
new passport;
PTS;
vehicle registration certificate;
OSAGO policy;
marriage certificate;
receipt of payment of state duty.

When changing your last name, you must obtain a new vehicle registration certificate and make changes to the PTS

The state duty is:

for making changes to the PTS - 350 rubles;
for issuing a new vehicle registration certificate - 500 rubles.

New documents are issued on the day of application.

For untimely replacement of these documents, a fine of 1.5 thousand to 2 thousand rubles is provided. An application for a new vehicle registration certificate can be submitted through the government services portal, which will save time and avoid standing in queues.

OSAGO policy

The law establishes that if any data specified in the MTPL policy changes, the policyholder is obliged to immediately notify the insurer. To make changes to the MTPL policy (or issue a new one), the policyholder must contact his agent or directly to the office of the insurance company. It is important to remember that changes to the MTPL policy are possible only upon application by the policyholder. If the surname of a person admitted to management or an owner who is not an insured is changed, changes will not be made at their request. To adjust the policy or issue a new one, it is enough to provide a marriage certificate and a new passport. The application can be made orally or in writing in any form.

Compulsory medical insurance policy

The obligation of the insured person to notify the health insurance company of a change of surname within 1 month from the moment the relevant circumstances arise is expressly provided for by law. Replacing a compulsory medical insurance policy does not cause any difficulties - just contact your insurer, present your marriage certificate and newly received passport, fill out an application (there is no standard form), and within a few minutes a new policy will be issued. You can contact either the company or your agent, if the policy was issued by him. As another option for replacing the compulsory medical insurance policy, it is possible to obtain insurance from another insurance company using a new passport. In this case, you will additionally need to present your old policy, and the previous insurance will cease to be valid. Replacement is free of charge. There is no liability for failure to fulfill the obligation, but if an insured event occurs, difficulties will arise when paying for medical services, since the insurance company will not be able to reimburse the costs of treatment.

Educational, official, party and other documents

The current student ID and grade book must be replaced. If the educational institution has established a pass regime, the personal pass will also need to be replaced. To re-register documents, you must contact your department (administration of the institution) and present a new passport and marriage certificate.

The service ID or pass must be replaced in the manner determined by the internal documents of the organization. The same requirements are established for party IDs and other similar documents. Liability for failure to fulfill obligations may be established by internal regulations and charters.

Employment history

Changes to the work book are made by the employer on the basis of a new passport and marriage certificate. If no changes have been made, the corresponding entry is made by the new employer when changing jobs based on the same documents. There is no direct obligation for an employee to make appropriate changes by law, but this is provided for by the Labor Code of the Russian Federation and the Instructions for maintaining work books at enterprises, institutions and organizations. The procedure is necessary to avoid difficulties when applying for a pension, obtaining loans and other cases when it is necessary to provide information from the work record.

Changes are made on the first page of the work book

Driver's license

Since November 5, 2014, replacing a driver’s license when changing your last name has become mandatory. The validity period of the replaced rights corresponds to the validity period of the previous ones. When passing a medical examination, the submission of any additional documents drawn up during the initial receipt of a driver’s license is not required.

To replace the driver's license, he submits the following documents to the traffic police department:

a completed application (the form will be issued directly to the traffic police department);
passport (with new surname);
marriage certificate (with photocopy);
receipt of payment of the duty;
old driver's license.

Currently, photographs can be taken directly at the police department, so there is no need to submit them specifically. Before replacing your license, you must pay off all existing fines for traffic violations.

You can apply for a replacement driver’s license through the government services website. You must show up at the appointed time with a complete set of original documents. Through the MFC, it is currently possible to obtain new rights only due to expiration, loss or theft.

Debit and credit bank cards, savings books

The obligation to replace bank cards and re-issue a passbook must be expressly provided for in the agreement with the banking institution. Even if there is no such clause in the individual conditions for servicing the card, the corresponding requirement is set out in the Standard Conditions, which have the same force. In general, the procedure is the same for all banks, but each specific case may have its own nuances. Replacement is carried out at any branch or department of the relevant financial organization on the basis of an application in the form established by internal documents, or in any form. As a rule, an application for a replacement card can be submitted through your personal account on the bank’s official website. The set of documents is standard:

new passport;
Marriage certificate.

The deadline for submitting an application for replacement is either not regulated or is provided for in an agreement with the bank. The timing of replacement also depends on the internal policy of the banking institution. For example, at Sberbank, a replacement can take up to 3 weeks.

To avoid possible problems, you need to change bank cards

If replacement is not made, negative consequences are unlikely. Problems will arise if, for example, the ATM “ate” the card. When paying with a bank card at retail outlets, the cashier has the right to compare the signature with the signature in the passport, which is provided for by standard bank regulations. This situation can arise with large purchases. Replacing cards is necessary when traveling abroad, since the legislation of the host country may establish requirements for mandatory signature matching.

Card with sample signatures and seals

Making changes to the card with samples of signatures and seals required for opening a bank account by legal entities is provided for by the relevant Directive of the Central Bank of the Russian Federation. Otherwise, the card is considered invalid. Changes are made by submitting a new card to the bank. This information is relevant for women holding positions of managers or chief accountants, whose signatures are affixed to payment documents.

Register of shareholders

If the woman who changed her last name is the owner of the shares, it is necessary to make changes to the register of shareholders. To do this, the registrar is required to submit a new completed registration form for the registered person. The application form can be obtained under the following conditions:

directly from the registrar;
by sending a request to the registrar by mail;
download the form from this link.

The form is signed in person in the presence of a registrar employee or the signature is certified by a notary. After receiving the questionnaire, the registrar makes changes to the shareholder’s personal account. Additionally, a new passport and marriage certificate must be submitted. If changes are not made and the shareholder is not identified, transactions with shares will not be possible.

About the employment contract

According to Art. 72 of the Labor Code of the Russian Federation, amendments to the manager’s employment contract are carried out in the event of changes in working conditions by certain parties. Changing your surname does not change your working conditions, so the question arises: is it necessary to make changes to the employment contract, conclude an additional agreement to it, or will it be enough to attach copies of documents on the change of surname to the concluded contract? There is no clear answer.

In our opinion, if a change of surname is recorded in the employment contract with the manager, this will not be a violation of the law. Changes can be made in two ways.

The first method: indicate the new surname in the text of the employment contract, noting on the basis of which document the changes are being made (name of the document, body that issued the document, its number and date of issue). Also make corrections to the “Parties Details” section, since along with the change of the employee’s last name, the passport data also changed.

Please note that both copies of the contract are subject to correction: both the one stored in the organization and the one held by the employee.

The second method: enter into an additional agreement to the employment contract, where it is indicated that from a certain date (the date of change in personal data) the contract should be read in a new edition.

How long does it take to process an application?

The speed of issuing a new document depends on whether the person applied to government agencies at his place of residence or in another city. In the first case, the period will be 10 days, in the second – up to 30 days. In some situations, the application may take longer to process. The period cannot exceed 2 months.

Sometimes the registry office does not accept a package of documents or refuses to change your last name. In this case, employees of the public service agency must provide a legal explanation for their decision. The applicant has the right to appeal it in court.

Throughout the entire period of consideration of the application, the woman retains the right to change her mind and withdraw the document. In this case, she will have the same last name and no additional actions will be required.

Changing your last name after marriage: what documents need to be changed, procedural features