Notarization is a legal system. It is a notarial organ specially established by the state, which represents the state to prove various legal acts of organs, groups, enterprises, institutions and individual citizens, as well as judicial activities with legal documents and facts. The purpose of establishing a notarization system is to safeguard the socialist legal system and socialist economic order, promote the development of economic construction, protect public property, protect citizenship and property rights, prevent disputes and reduce litigation.

1, validity period of notarial certificate

(1) evidence effect

The validity of evidence means that notarial certificate is a special and reliable evidence with special probative force. It can be directly used as the basis for people's courts, organs, organizations, enterprises, institutions and citizens to ascertain facts and provide reliable evidence for timely adjustment of social relations. Article 67 of the Civil Procedure Law stipulates: "The people's court shall take legal acts, legal facts and documents notarized through legal procedures as the basis for ascertaining facts." That is to say, the people's court should directly take the notarial certificate as the standard in litigation, and there is no need to re-investigate unless there are mistakes, so as to protect the legitimate rights and interests of the parties.

(2) Implementation effect

The enforcement effect refers to the creditor's rights document given the enforcement effect by the notary office to recover debts or articles. When the debtor fails to perform at the due date, the creditor may directly apply to the people's court with jurisdiction for enforcement with a notarial certificate, without going through litigation procedures. Article 218 of the Civil Procedure Law stipulates: "If one party fails to perform the creditor's rights documents that are legally enforceable by the notary office, the other party may apply to the people's court with jurisdiction for enforcement, and the people's court applying for enforcement shall enforce them." This can force the debtor to perform his obligations quickly and avoid the waste of time and the loss of creditor's manpower and property caused by litigation. This is the embodiment of legal compulsion in notarization activities.

(3) the validity of legal elements

The validity of notarial legal elements means that notarial proof becomes a necessary condition for the establishment of some legal acts and is binding on the parties. That is to say, a legal act that must be notarized according to the law or the agreement of the parties cannot be established and legally effective without notarization.

2. The business scope of the notary office

(1) Proof of legal act:

(1) economic contract. Such as purchase and sale, construction project contracting, processing contracting, goods transportation, power supply, warehousing, property leasing, loans, property insurance, joint ventures, property mortgage, insurance, labor services, training for generations, contract for production by using, contract for agricultural production, contract for forest and orchard, contract for enterprise leasing, paid transfer of land use rights, achievement promotion, scientific and technological cooperation, technology transfer, asset transfer and Sino-foreign joint ventures.

② Other civil contracts (agreements). Such as gift, house sale, lease, partnership, family planning, compensation, house exchange, relocation, property division, homestead use, legacy support, maintenance, marital property agreement, divorce property division and other agreements;

3. Wills and power of attorney;

(4) Adoption relationship includes dissolution of income relationship;

(5) Declarations and warranties. Including all kinds of statements of giving up, accepting rights, assuming obligations, dealing with property relations and personal relations, as well as all kinds of unilateral guarantees and letters of guarantee;

⑥ Enterprise merger, auction, bidding, deposit, on-site supervision, etc.

(2) Prove facts with legal significance (mainly used in foreign countries, Hong Kong, Macao and Taiwan);

(a) death, birth, survival, air crash, shipwreck, wind, hail, rain, drought disasters and various accidents;

② Marital relationship (marriage, divorce, widowed, unmarried), kinship, inheritance, identity, education, experience, report card, professional title, place of residence, etc.

(3) Documents proving legal significance:

Articles of association, legal person qualification certificate, balance sheet, bank guarantee, trademark registration, patent certificate, business license, etc. ;

② The signature and seal on the document are true;

(3) The signatures and seals of the parties on the relevant documents in front of the notary are true;

(4) Copies, abridged versions, translations and photocopies of documents are consistent with the original;

⑤ The same document written in languages of different nationalities or countries is consistent.

(4) Prove that the creditor's rights document is undoubtedly righteous and give it enforcement effect.

(5) Handling notarization-related auxiliary business.

It mainly includes: ① preserving evidence; (2) Preserving wills or other documents; ③ Technical service matters. For example, fill in the application form for the parties, draft and translate all kinds of documents that need notarization, and write the power of attorney on behalf of the parties.

(six) to handle other notarization affairs according to the application of the parties and international practice.

3. How to handle notarization

The parties concerned shall submit written and oral applications to the notary office. If an agent is entrusted to another person, the agent certificate must be submitted. When a legal person applies for notarization, it shall be submitted to the notary office by its legal representative or agent with a power of attorney. However, the parties may not entrust others to represent matters closely related to the application for notarization power of attorney, statements, wills, adoption of children, gifts, identity praise and so on. If it is really difficult for the applicant to fill in the application form, it may be filled in by a notary. Citizens and legal persons applying for notarization shall submit the following documents and materials:

(1) Identity certificate, legal person qualification certificate and identity certificate of its legal representative;

(2) Where an agent applies, the entrusted agent shall submit a power of attorney, and other agents shall submit agency qualification certificates;

3. Documents requiring notarization;

(4) Property ownership certificate related to notarization;

⑤ Other materials related to notarization. When applying for notarization, the parties concerned should also pay attention to the following issues:

(1) The applicant should have capacity. Minors or mental patients should apply by their legal representatives.

(2) The applicant shall apply to the competent notary office. (3) If several people * * * apply for the same notarization, they shall * * * apply to a notary office with jurisdiction, and cannot apply to more than two notary offices respectively. * * * If the application is difficult, it can be entrusted to solve it.

(4) If a party living abroad or in Hong Kong, Macao and Taiwan entrusts an agent in China (Mainland China) to act as an agent for civil notarization, the agent shall submit a power of attorney (including telex and telegram) sent by the client from abroad. Unless otherwise stated.

In addition, in order to protect the legitimate rights and interests of China citizens abroad, when notarization is needed in China and an agent cannot be found, we can entrust our embassy or representative office in that country to apply to the domestic notary office on our behalf. After receiving the application of the parties concerned, the notary office shall accept it if it considers that the following conditions are met:

(a) the applicant has an interest in the matters for notarization;

(2) There is no dispute between the parties and interested parties who apply for notarization;

③ Matters applying for notarization belong to the business scope of the notary office;

(4) Matters applying for notarization are under the jurisdiction of this notary office. After accepting the notarization application of the parties, the notary office carefully collects evidence by asking witnesses, obtaining documentary evidence, physical evidence, audio-visual materials, on-site inspection and appraisal. , and focus on checking:

The number, identity, qualification and capacity for civil conduct of the parties;

(2) the parties' expression of will and their corresponding rights;

(3) Whether the contents of the acts and facts to be notarized are true and legal;

(4) whether the contents of notarization documents are perfect, whether the words are accurate and whether the signatures and seals are complete;

⑤ Whether the certification materials provided by the parties are sufficient.

After examination and verification, if it is considered that the matters to be proved are true, lawful and beyond doubt, the notary may make a notarial certificate in accordance with the prescribed procedures.