(1) application. Application refers to the act of citizens and legal persons making notarization requests to the notary office. Citizens and legal persons submit notarization applications to the notary office, which marks the beginning of notarization activities.
Article 15 of the Rules of Notarization Procedure stipulates: "Citizens and legal persons shall fill in an application form for notarization". Article 16 stipulates: "Citizens and legal persons shall submit the following materials when applying for notarization:?
(1) The identity certificate, legal person qualification certificate and identity certificate of the legal representative; ?
(2) Where an agent applies on his behalf, 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; ?
(five) other materials related to notarization ".
(2) acceptance. Acceptance refers to the act that the notary office accepts the notarization application of citizens and legal persons and agrees to handle it. Acceptance marks the beginning of notarization in the notary office.
Article 17 of the Rules of Notarization Procedure stipulates: "An application that meets the following conditions shall be accepted by the notary office:?
(a) the applicant has an interest in the notarization; ?
(2) There is no dispute between the parties applying for notarization and the interested parties;
(three) the notarization matters belong to the business scope of the notary office; ?
(4) Matters applying for notarization shall be under the jurisdiction of this notary office ".
After accepting it, the notary office shall register it in the notary register; The undertaker of notarization matters shall make a notice of acceptance and serve it on the parties concerned, collect notarization fees and start to establish notarization files.
The notary office can also help the parties to draft, modify and draft legal documents according to their requirements.
2. review.
Notarization review refers to the investigation and verification of the matters that the parties apply for notarization and the relevant certification materials provided by the parties from both legal and factual aspects after accepting the application of the parties in the notary office and before making the notarial certificate. Notarization examination is the most important stage in notarization activities and the key link to ensure the quality of notarization.
3. issue a notarial certificate.
Issuing a notarial certificate, referred to as "issuing a certificate", refers to the activities of the notary office to review, recognize, make, issue and deliver the notarial certificate according to the review results.
Extended data:
1, Special Provisions on On-site Supervision and Notarization.
Notary institutions shall handle on-site supervision notarization such as bidding, auction and lottery, and shall be handled by two people. The undertaking notary shall, in accordance with the relevant provisions, prove its authenticity and legality through prior examination and on-site supervision, read the notarial certificate on the spot, and serve the notarial certificate to the parties within 7 days after reading it. The notarial certificate shall come into effect as of the date when it is read.
When handling on-site supervision notarization, the notary who undertakes the notarization shall immediately ask the parties to make corrections if they find that they are involved in fraud, engage in malpractices for selfish ends, violate the rules of activities, and violate national laws and relevant regulations; If the party concerned refuses to make corrections, it shall not be notarized.
2. Special provisions on notarization of wills.
The notary office shall notarize the will by two people. The undertaking notary shall handle it in person throughout the whole process. Under special circumstances, when it can only be handled by 1 notary, 1 witness shall be invited to be present, and the witness shall sign or seal the inquiry record.
3. Special provisions on notarization of preserved evidence.
If the notary office sends personnel out to handle the notarization of preservation evidence, it shall be handled by two people at the same time, and the notary contractor shall go out to handle it in person. For the notarization of preserved evidence, if the notary who undertakes the notarization finds that the parties have obtained the evidence by means prohibited by laws and regulations, it shall not be notarized.
4. Special provisions for handling the certificate of execution of creditor's rights documents.
If the debtor fails to perform or improperly performs the notarized creditor's rights documents with enforcement effect, the notary office may issue a certificate of enforcement according to the creditor's application and relevant regulations. The execution certificate shall be issued within the execution period stipulated by law. The execution certificate shall specify the applicant, the person subjected to execution, the subject matter of the application for execution and the time limit for the application for execution.
The part that the debtor has performed shall be deducted from the application for execution. Liquidated damages, overdue fines, interest, etc. The debts arising from the debtor's non-performance or improper performance may be included in the subject matter of application for execution at the request of the creditor.
5. Special provisions on notarization and mediation.
If there is a dispute in the process of notarization, the original notary office may mediate according to the request of the parties. If the parties reach a new agreement through mediation, the notary office shall notarize it; If the newly reached agreement meets the relevant requirements, the notary office shall give it enforcement effect according to law. If mediation fails, the notary office shall inform the parties to bring a lawsuit to the people's court or apply for arbitration.
References:
Baidu Encyclopedia-Notarization Procedure Rules