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What is notarization?

Notarization is an activity in which a notary institution certifies the authenticity and legality of civil legal acts, legally significant facts and documents based on the application of natural persons, legal persons or other organizations and in accordance with legal procedures.

The normative contents regarding notarization activities, procedures, organizations, etc. constitute the notarization system. The notarization system is a legal means for the country to prevent disputes, maintain the rule of law, and consolidate legal and social order. The purpose of evidence preservation is to resolve disputes fairly and effectively. It is appropriate to assign this preventive function to a notary institution. A notary institution is a social organization that provides dispute prevention services, and evidence preservation is an effective way to prevent disputes. measures.

The extensiveness and credibility of notary institutions enable notary institutions to perform this function. For matters notarized and certified, the people's court should use the notarized certification as the basis for determining the facts of the case and indicate that the notarized certification has the effect of binding the court to determine the facts of the case, which also creates the court's obligation to determine the facts. If the parties present notarized legal acts, legal facts and documents related to the main facts or essential facts of the case in the lawsuit, the court has the obligation to identify them as facts. In the absence of exceptional circumstances that negate the notarial certification, the court will not recognize it. The notarial certificate shall be made in accordance with the format prescribed by the judicial administrative department of the State Council, and shall be signed by the notary or stamped with a signature seal and the seal of the notary institution. The notarial certificate takes effect from the date of issuance.

Legal Basis

"Notarization Law of the People's Republic of China"

Article 25 A natural person, legal person or other organization may apply for notarization. Submit it to the notary office at the place of domicile, habitual residence, place of conduct or the place where the facts occurred.

Applications for notarization involving real estate shall be submitted to the notary office where the real estate is located; applications for notarization of entrustments, declarations, gifts, and wills involving real estate may be subject to the provisions of the preceding paragraph. Article 27 The party applying for notarization shall truthfully explain the relevant circumstances of the matter applied for notarization to the notary institution and provide true, legal and sufficient supporting materials; if the supporting materials provided are insufficient, the notary institution may request supplementary materials.

After accepting the notarization application, the notary office shall inform the parties of the legal significance and possible legal consequences of the matters applied for notarization, and record and archive the notification content.