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I. Concept and function

Notarial certificate is a legal act, document and fact with legal significance that the state notary organ applies to the parties. According to the provisions of notarization laws and regulations, the notarial certificate is confirmed to be authentic and legal according to law after examination.

Article 20 of the Provisional Regulations on Notarization: "Notaries shall make notarized documents in the format prescribed or approved by the Ministry of Justice." Article 38 of the Rules of Notarization Procedure (for Trial Implementation) stipulates: "Notarial certificates shall be made in the format stipulated or approved by the Ministry of Justice. The notarial certificate shall include the following contents: (1) the number of the notarial certificate; (2) Basic information of the parties; (3) notarized testimony; (four) to undertake the signature (signature and seal) of the notary office, the seal and steel seal of the notary office; (5) Date of notarization. The notarial certificate shall indicate the notarial certificate with the force of enforcement, as well as the time limit for the debtor to perform the debt, the name, type and quantity of the subject matter of enforcement, etc. The documents indicated in the notarial certificate are an integral part of the notarial certificate. Notarial certificate shall not be altered or supplemented. If it must be revised, it shall be stamped with the proofreading seal of the notary office. " The above is the legal basis for making notarial documents.

Notarial certificate is the final conclusion of notarization by the state notary office, and the ultimate purpose of the parties applying for notarization is to obtain the notarial certificate of the notary office. Notaries are different from civil judgments of people's courts and awards of arbitration institutions. People's courts and arbitration institutions all adjudicate disputes over civil rights and interests that have occurred, and notarial certificate is a notarial certificate to prove the authenticity and legality of the matters applied for notarization according to the application of the parties, with the purpose of preventing disputes and reducing litigation.

Second, the format, content and writing methods

The notarial certificate consists of three parts: the first part, the text (testimony) and the last part.

(1) Header

1. file name

Write "notarial certificate" in the middle of the upper part of the document.

2. Document number

Write the full name of the year in Arabic numerals at the lower right of the notarial certificate. Then write the abbreviation and number of the notary office. Such as: "(199 × )×× Notary word ×

In the first part, generally do not write the identity and basic situation of the parties; However, the first part of the notarial certificate of inheritance and adoption of kinship should indicate the name, gender, date of birth, address and other identity matters of the parties.

(2) Text

Writing, also known as testimony, is the core and main content of notarial deed. Testimony should be written according to the matters to be proved. The parties apply for notarization in different matters, so their testimony is written in different ways. But no matter what matters are notarized, they must be written clearly, accurately, truly and legally.

Some specific contents of notarization certification matters are reflected in the testimony of notarial certificate, such as birth, survival, death, adoption, marriage and kinship notarization. As for the notarization of legal acts, there are only a few words in the notarial certificate. For example, "This is to certify that ×××× year × month × day × month × day × month × day × month × day × month × day × month × day × month × day × month × day × month × month × day × month × month × day × month × month × day × month × month × day × month × month × day × month × month × day × month × month × month × day × month ×

Batch notarization matters (the content is the same), such as the power supply bureau and rural villages and towns signing a power supply contract in an all-round way, you can draw up a notarized word to fill in the blank and attach it to the back of the contract (after the agreement), which greatly simplifies the procedures when applying for a certificate.

(3) Tail

1. Name of the authority that made the document.

If you write "Notary Office of * * * in People's Republic of China (PRC) and * * provinces and cities (counties) in the country", the notarial certificate issued by the notary office will be signed by the notary office, but it must be prefixed with the words "People's Republic of China (PRC) * * *", because it represents the notarization of the country.

2. The position and signature of the signatory of the instrument

Write a "notarial certificate" first, and then sign or seal it by a notary.

3. Date of document issuance, with official seal.

Third, matters needing attention

General notarial certificate should be one thing and one certificate. Its advantage is that it is convenient for applicants to use and notaries to make, and it also avoids the ambiguity caused by too many notarization matters. If the matters for which the applicant applies for notarization are for the same purpose, he may also apply for a certificate for several matters.

The names of the parties shall be written accurately, and the former names, nicknames and aliases may be indicated in brackets as required. As for the appellation of the relatives of the parties, the notarial certificate should adopt the national unified appellation, that is, father, mother, husband, wife, children, female, etc.

When the names of organs, organizations, enterprises and institutions appear for the first time in the notarial certificate, the full name should be written first, and then the abbreviation should be written.

? In the notarial certificate, the birthplace of the parties generally only writes the names of provinces (autonomous regions and municipalities directly under the Central Government) and counties (cities). If the name changes, you should write your birth name. The age of the parties concerned should be replaced by the date of birth, which is generally based on the Gregorian calendar. If necessary, the date of the lunar calendar can be indicated in brackets.

? The notarial certificate must be numbered. It should be noted that if a notarization requires multiple notarial certificates, each notarial certificate should be numbered in sequence; If several items are notarized, they shall be numbered one by one.

? Notarial certificate is divided into three types: original, original and copy. The draft issued is the original. A blank-filling draft without signature means that there is no original, only the original and a copy. Whether there is an original or not, an original should be kept on file for future reference. What is sent to the parties is the original, and what is sent to the relevant units or individuals is a copy. The contents of the original, the original and the copy must be completely consistent. The original and copy should also be consistent in form. The number of copies shall be determined according to the needs of the parties concerned. The top right of the cover of the notarial deed should be stamped with the seals of "original", "original" and "copy", and the cover without cover should be stamped with the seal of the first page. "Original" can also be stamped.

Photos should be attached to notarial certificates such as experience, education and marriage. All photos need to be bareheaded with a recent one-inch half-length photo, and posted on the top left of the notary's signature, stamped with steel seal.

After the notarial documents are bound in sequence, the pages except the front cover and the back cover should be combined together, and then stamped with steel seal in the lower left corner.

model essay

1. Notary certificate of testamentary succession (first form)

notarize

() ×× prefix. ××

Heir XXX, female, was born on XX, XX, and now lives in XX village, XX county, XX city, XX province.

The decedent XXX, male (or female), lives in XXX street, XXX city, XXX province.

Cha XX died on XX (place name), and left a legacy in XX (place name) after his death. The deceased had a will. According to the will of the deceased, the deceased's estate was inherited by XXX. Notary Offices in * * * Province of People's Republic of China (PRC) and * * Province of China

Notary Public (signature)

* * * * Year * * Month * * Day

2. Notarial certificate of testamentary succession (category II)

notarize

() ×× prefix. ××

This is to certify that ××× (male or female, born on ×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××

Attachment: the testator's will

testament

I make this will to dispose of all my property as follows:

I left it to my wife, XXX, in the house at No. Xx street, xx city, xx province.

RMB XXX fixed deposit (or current deposit) deposited in XXX savings office.

The rest of the house property: ×× (name of house property) is left to my son ×××.

This will is entrusted to XXX (now living in. XX street, XX city, xx province).

This will is made in triplicate, one for myself, one for XXX and one for XXX notary office.

Testator (signature or seal)

* * * * Year * * Month * * Day

Note: A will can be written by the parties concerned and is not limited to this format.

3. The adopter's notarial certificate (first copy)

notarize

() ×× prefix. ××

The adopter XX, male, was born on XX, XX, and now lives in XX Street, XX City, XX Province.

Xxx, female, was born on, date of birth:, date of birth.

The adopted person ××× (formerly known as×××), male (or female), was born on ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××

Biological mother of the adoptee: born in. }

This is to certify that: ×× year × month × day × month × day × month × day × month × day × month × day × month × day × month × day × month × day × month × month × day × month × day × month × month × day × month × month × month × month × day × month × month × month × month × month × month × month × month × month × month × month × month ×

Notary Offices in * * * Province of People's Republic of China (PRC) and * * Province of China

Notary Public (signature)

* * * * Year * * Month * * Day

4. The adopter's notarial certificate (Type II)

notarize

(××××××) ××

The adopter XX, male, was born on XX, XX, and now lives in XX Street, XX Province.

Xxx, female, was born on, date of birth:, date of birth.

The adoptee is male (or female), born on, year, month and day.

Notary Offices in * * * Province of People's Republic of China (PRC) and * * Province of China

Notary Public (signature)

* * * * Year * * Month * * Day

5. Divorce certificate

notarize

(××××××) ××

This is to certify that ××× (male, born on ×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××

Notary Offices in * * * Province of People's Republic of China (PRC) and * * Province of China

Notary Public (signature)

* * * * Year * * Month * * Day

Reference note:

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