Apartment Share Gift Agreement with a Representative

Below is a working sample of a gift agreement for a 1/2 share of an apartment where the donor signs through a representative. This version fits cases where the owner of the share does not sign personally and the representative acts under a notarized power of attorney. The power of attorney should clearly identify the specific share and the authority to gift it to the named donee.

The sample keeps the practical clauses on title, absence of encumbrances, costs, acceptance of the gift, and the notary's explanations. Tax consequences should be checked under the current Tax Code of Ukraine on the date of notarization.

Apartment Share Gift Agreement with a Representative
Kyiv, «___» ____________ 20__

Citizen of Ukraine [Donor's full name], taxpayer registration number [number], passport [details], residing at [address], acting through [Representative's full name] under a notarized power of attorney dated «___» ____________ 20__ under register No. ___, on the one side, and citizen of Ukraine [Donee's full name], taxpayer registration number [number], passport [details], residing at [address], on the other side, hereinafter referred to as the Donor and the Donee, have entered into this agreement as follows:

1. The Donor, acting through the Representative, gives and the Donee accepts as a gift the Donor's 1/2 share of apartment No. __ in building No. __ at [property address].
2. The Donor's title to the share being transferred is confirmed by [title document and details]. If title is already registered, the information must match the State Register of Rights to Immovable Property and their Encumbrances.
3. The apartment has __ rooms, a total area of __ sq. m and a living area of __ sq. m. Technical details are taken from the technical passport or other current apartment documents.
4. The parties value the gift at __ UAH. The valuation is used for execution of the agreement and, if necessary, for taxation.
5. The Donor confirms that, at the time of signing this agreement, the share being transferred has not been sold or gifted to anyone else, has not been otherwise alienated, is not under arrest, mortgage, pledge, including tax lien, or any other encumbrance, is not the subject of a dispute, is free of third-party rights, has not been contributed to the share capital of any legal entity, is not subject to a will or inheritance contract, and is not jointly owned by spouses.
6. On the Representative's statement, the share being transferred has not been sold, gifted or otherwise alienated, is not under arrest, mortgage, pledge or any other encumbrance, is not the subject of a dispute, and no third-party rights have been established over it.
7. The Representative and the Donee, in the presence of the notary, confirm that they understand the meaning and terms of this agreement and its legal consequences, act voluntarily, without coercion, fraud or hardship, are not restricted in their right to enter into transactions, are not declared legally incapable, and are not in a state that prevents them from understanding the content of the agreement.
8. The Representative confirms that the Donor is not aware of any defects or special characteristics of the gift that could be dangerous to the life, health or property of the Donee.
9. This gift agreement is gratuitous, so the Donor may not require the Donee to perform any property or non-property acts in the Donor's favour unless the law expressly provides otherwise.
10. All costs related to the preparation of this agreement, its notarization, state registration of title, and other necessary payments are paid by the Representative of the Donor, unless the parties agree otherwise.
11. The Donee's ownership of the transferred share of the apartment arises from the moment of acceptance and state registration of title. Receipt by the Donee of the copy of this agreement after notarization counts as acceptance of the gift.
12. The parties are familiar with Articles 182, 203, 207, 209, 215, 717-722 of the Civil Code of Ukraine, Articles 57, 60, 65 of the Family Code of Ukraine, and the legislation on state registration of rights to immovable property.
13. The content of this agreement and the provisions referred to in the previous clause are clear to them, and they have no unresolved questions.
14. The agreement is drawn up in two copies, one kept in the notary's records and the other given to the Donee.