Chapter 1 General Provisions Article 1 In order to standardize the certification procedures and ensure the quality of notarization, these rules are formulated in accordance with the "Interim Regulations of the People's Republic of China on Notarization". Article 2: The notary office handles notarial affairs independently based on facts and laws, regulations and rules, and is not subject to illegal interference by other units or individuals. Article 3 The notary office shall notarize legal acts that are required to be notarized in the form of notarization according to laws, regulations, and rules and other matters that fall within the scope of notarization business, except those that are untrue, illegal, or contrary to the interests of the public. Article 4 The notary shall handle notarization matters in person, and other personnel of the notary office shall assist the notary in handling notarization matters. Article 5: Notaries who handle notarization affairs shall keep state secrets and the secrets of the parties concerned.
The provisions of the preceding paragraph shall apply to appraisers, translators, witnesses and other public officials who are in contact with notarization matters. Chapter 2 Parties Article 6 Notarization parties refer to citizens or legal persons who have a legal interest in notarization matters and submit notarization applications to the notary office in their own names, and enjoy rights and assume obligations in notarization activities. Article 7 When a person with limited capacity for civil conduct applies for a certificate, he or she must obtain the consent of his or her legal representative or be represented by his legal agent; when a person without capacity for civil conduct applies for a certificate, he or she must be represented by his or her legal representative.
A legal person shall be represented by its legal representative when applying for a certificate. Article 8 The parties, their legal agents or legal representatives may entrust an agent to apply for certification matters, but applications for wills, bequests and support agreements, gifts, adoption, adoption, cancellation of adoption, entrustment, declarations, survival and other matters related to the parties Notarization matters involving close personal relationships are excluded.
Notaries are not allowed to apply for certificates at this notary office on behalf of parties. Article 9 If a party residing abroad or in Hong Kong, Macao or Taiwan entrusts an agent to apply for a notarization, the power of attorney shall be notarized by the local notary, our embassy or consulate abroad, or certified by an institution or person designated by the Ministry of Justice . Except as otherwise provided by the Ministry of Justice. Chapter 3 Recusal Article 10 If a notary public falls under any of the following circumstances, he or she shall recuse themselves; the parties also have the right to apply for their recusal;
(1) They are a party to the notarization matter or a close relative of the party;< /p>
(2) Having an interest in this notarization matter;
(3) Having other relationships with the parties to this notarization matter, which may affect the correct application of the certificate.
The provisions of the preceding paragraph shall apply to translators, appraisers and other relevant personnel who have contact with the notarization matters.
A party's application for recusal must be submitted before the notarization is made. Article 11 The withdrawal of the director or deputy director of the notary office shall be decided by the director or deputy director of the judicial bureau at the same level; the withdrawal of other personnel shall be decided by the director or deputy director of the notary office. After the decision to withdraw is made, the notary office shall notify the parties concerned. Chapter 4 Jurisdiction Article 12 Notarization matters shall be under the jurisdiction of the notary office where the parties are domiciled or where the legal act or fact occurs.
Notarization matters involving the transfer of real estate shall be under the jurisdiction of the notary office where the real estate is located. However, there are exceptions to the transfer of real estate involved in wills, entrustments, and declarations.
Adoption notarization is under the jurisdiction of the notary office where the adopter or adoptee resides; jurisdiction over adoption notarization involving foreign countries and involving Hong Kong, Macao and Taiwan is determined in accordance with the relevant regulations of the Ministry of Justice. Article 13 If several parties with different domiciles apply for the same notarization matter at the same time, they must go to the notary office where one of the parties does not do so together. Except for notarization matters that cannot be entrusted, a party can be entrusted to handle it on his behalf. Article 14 The division of jurisdiction between the notary offices of municipalities directly under the Central Government, provinces (autonomous regions) and the notary offices of districts and counties (cities) under the jurisdiction of the city shall be determined by the justice departments (bureaus) of the provinces, autonomous regions and municipalities directly under the Central Government. Chapter 5 Application and Acceptance Article 15 Citizens and legal persons applying for notarization shall submit the application to the notary office and fill in the notarization application form. The notarization application form should indicate the following:
(1) The name, gender, date of birth, ID number, work unit, address, etc. of the applicant and the agent; if the applicant is a legal person, this should be recorded The name, address of the legal person, the name and position of the legal representative, etc.;
(2) Matters requested for notarization and the purpose of the notarization;
(3) Name of the submitted materials, The number of copies and the names and addresses of relevant witnesses;
(4) The time of application and other issues that need to be explained.
Applicants should sign or stamp the application form. If the applicant really has difficulty filling out the application form, a notary can fill it out for him. Article 16 Citizens and legal persons applying for notarization shall submit the following materials:
(1) Identity certificate, legal person qualification certificate and identity certificate of its legal representative;
(2) Agency If a person applies on behalf of an applicant, the authorized agent must submit a power of attorney, and other agents must submit proof of agency qualifications;
(3) Documents that need to be notarized;
(4) ) Proof of property ownership related to notarization matters;
(5) Other materials related to notarization matters.
Article 17 The notary office shall accept applications that meet the following conditions:
(1) The applicant has an interest in the matter applied for notarization;
(2) The matter applied for notarization There is no dispute between the parties and interested parties regarding the matters applied for notarization;
(3) The matters applied for notarization fall within the business scope of the notary office;
(4) The matters applied for notarization The matter falls under the jurisdiction of this notary office.
For applications that do not meet the conditions, the notary office shall make a decision not to accept the application and notify the applicant.