Measures for the Administration of Notaries' Practice in Hebei?

implement the measures for the administration of notaries formulated by the Ministry of justice. In order to strengthen the management and practice supervision of notaries and standardize the practice behavior of public accountants, it is formulated in accordance with the provisions of the Notary Law of the People's Republic of China and relevant laws and regulations.

It includes Chapter I General Provisions, Chapter II Qualifications for Notaries, Chapter III Procedures for Notaries, Chapter IV Management of Notaries' Practice Certificates, Chapter V Supervision and Inspection of Notaries' Practice, Chapter VI Legal Liability and Chapter VII Supplementary Provisions.

the full text of the notarization law?

chapter I general provisions

article 1 this law is formulated to regulate notarization activities, ensure notaries and notaries to perform their duties according to law, prevent disputes, and protect the legitimate rights and interests of natural persons, legal persons or other organizations.

Article 2 Notarization is an activity that notaries certify the authenticity and legality of civil legal acts, legally significant facts and documents according to legal procedures upon the application of natural persons, legal persons or other organizations.

Article 3 A notarization institution shall abide by the law and adhere to the principles of objectivity and impartiality when handling notarization.

article 4 China notary association shall be established throughout the country, and local notary associations shall be established in provinces, autonomous regions and municipalities directly under the central government. China Notary Association and local notary associations are social organizations and legal persons. The articles of association of China Notary Association shall be formulated by the members' congress and reported to the judicial administrative department of the State Council for the record.

Notary Association is a self-regulatory organization of notarization industry, which carries out activities according to its articles of association and supervises the practice activities of notarization institutions and notaries.

article 5 the judicial administrative department shall, in accordance with the provisions of this law, supervise and guide notarization institutions, notaries and notary associations.

chapter ii notarization institutions

article 6 a notarization institution is a certification institution established according to law, which is not for profit, independently exercises notarization functions and bears civil liabilities according to law.

Article 7 A notary office may be established in a county, a city not divided into districts, a city divided into districts, a municipality directly under the Central Government or a municipal district in accordance with the principle of overall planning and rational distribution; One or more notary offices may be established in cities divided into districts and municipalities directly under the Central Government. Notary agencies are not established at different levels according to administrative divisions.

Article 8 The establishment of a notarization institution shall meet the following conditions:

(1) Having its own name;

(2) having a fixed place;

(3) There are two or more notaries;

(4) having the necessary funds to carry out notarization business.

article 9 the establishment of a notarization institution shall be reported by the local judicial administrative department to the judicial administrative department of the people's government of a province, autonomous region or municipality directly under the central government for approval in accordance with the prescribed procedures, and then the practicing certificate of the notarization institution shall be issued.

article 1 the person in charge of a notary office shall be selected from among notaries with more than three years' experience, approved by the local judicial administrative department and reported to the judicial administrative department of the people's government of a province, autonomous region or municipality directly under the central government for the record.

Article 11 Upon the application of a natural person, legal person or other organization, a notarization institution shall handle the following notarization matters:

(1) Contract;

(2) inheritance;

(3) entrustment, declaration, gift and will;

(4) division of property;

(5) Bidding and auction;

(6) marital status, kinship and adoption;

(7) Birth, survival, death, identity, experience, education, degree, position, professional title, and whether there is any criminal record;

(8) Articles of Association;

(9) Preserving evidence;

(1) The signature, seal and date on the document, and the copy and photocopy of the document are consistent with the original;

(11) Other notarization matters voluntarily applied by natural persons, legal persons or other organizations.

for matters that should be notarized according to laws and administrative regulations, relevant natural persons, legal persons or other organizations should apply to a notary office for notarization.

Article 12 Upon the application of a natural person, legal person or other organization, a notary office may handle the following matters:

(1) Matters registered by a notary office as stipulated by laws and administrative regulations;

(2) escrow;

(3) keeping wills, legacies or other property, articles and documents related to notarization;

(4) to write legal affairs documents related to notarization;

(5) provide notarial legal advice.

Article 13 A notary office shall not commit any of the following acts:

(1) Issue a notarial certificate for untrue or illegal matters;

(2) damaging or tampering with notarized documents or notarized files;

(3) soliciting notarization business by slandering other notarization institutions and notaries or paying kickbacks, commissions and other improper means;

(4) divulging state secrets, business secrets or personal privacy known in practice;

(5) collecting notarization fees in violation of the prescribed charging standards;

(6) other acts prohibited by laws, regulations and provisions of the judicial administrative department of the State Council.

Article 14 A notarization institution shall establish management systems for business, finance and assets, supervise notaries' practice behaviors, and establish a system for investigating the responsibility for practice faults.

Article 15 A notarization institution shall participate in notarization practice liability insurance.

chapter iii notaries

article 16 a notary is a practitioner who meets the requirements stipulated in this law and engages in notarization business in a notary office.

article 17 the number of notaries shall be determined according to the needs of notarization business. The judicial administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, according to the establishment of notarization institutions and the needs of notarization business, verify the notary staffing plan and report it to the judicial administrative department of the State Council for the record.

Article 18 To be a notary, one should meet the following requirements:

(1) Having the nationality of the Chinese people;

(2) people over the age of 25 and under the age of 65;

(3) fair and upright, law-abiding, and good conduct;

(4) passing the national judicial examination;

(5) Having worked as an intern in a notary office for more than two years or having other legal professional experience for more than three years and working as an intern in a notary office for more than one year, and passing the examination.

Article 19 A person who has been engaged in law teaching and research and has a senior professional title, or a civil servant or lawyer with a bachelor's degree or above who has been engaged in trial, prosecution, legal work and legal services for ten years, has left his original post and can serve as a notary if he passes the examination.

Article 2 A notary shall not be employed under any of the following circumstances:

(1) Having no or limited capacity for civil conduct;

(2) Having been subjected to criminal punishment for intentional crime or dereliction of duty;

(3) Being expelled from public office;

(4) the practicing certificate has been revoked.

Article 21 To be a notary, an application shall be made by a person who meets the requirements of a notary. After being recommended by a notary public, the judicial administrative department in the locality shall report it to the judicial administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government for examination and approval, and then report it to the judicial administrative department of the State Council for appointment. The judicial administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government shall issue a notary practice certificate.

Article 22 A notary shall abide by discipline and law, abide by professional ethics, perform notarization duties according to law, and keep professional secrets.

Notaries have the right to receive remuneration and enjoy insurance and welfare benefits; Have the right to resign, appeal or accuse; Not for legal reasons and without legal procedures, not to be dismissed or punished.

Article 23 A notary shall not commit any of the following acts:

(1) Practicing in two or more notary offices at the same time;

(2) engaging in other paid occupations;

(3) notarizing for myself and my close relatives or notarizing those who are interested in me and my close relatives;

(4) issuing a notarial certificate without permission;

(5) issue notarial certificates for untrue and illegal matters;

(6) embezzlement, misappropriation of notarization fees or embezzlement and theft of special notarization articles;

(7) damaging or tampering with notarized documents or notarized files;

(8) divulging state secrets, business secrets or personal privacy known in practice;

(9) Other acts prohibited by laws, regulations and provisions of the judicial administrative department of the State Council.

Article 24 Where a notary is under any of the following circumstances, the local judicial administrative department shall report to the judicial administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government and request the judicial administrative department of the State Council to dismiss him:

(1) He has lost the nationality of the Chinese people;

(2) Having reached the age of 65 or unable to continue to perform his duties due to health reasons;

(3) voluntarily resigning as a notary;

(4) the practicing certificate of a notary has been revoked.

Chapter IV Notarization Procedures

Article 25 A natural person, legal person or other organization may apply for notarization to a notary office at its domicile, habitual residence, place of behavior or place where the fact occurred.

an application for notarization involving real estate shall be submitted to the notary office where the real estate is located; The provisions of the preceding paragraph may apply to the notarization of entrustment, declaration, gift and will involving real estate.

Article 26 A natural person, legal person or other organization may entrust others to notarize, except that the will, survival and adoption relationship should be notarized by himself.

article 27 the parties applying for notarization shall truthfully explain the relevant information about the matters applied for notarization to the notarization institution, and provide authentic, lawful and sufficient certification materials; If the supporting materials provided are not sufficient, the notary office may request to supplement them.

after accepting the notarization application, the notarization institution shall inform the parties of the legal significance and possible legal consequences of the notarization application, and keep the contents of the notification on file.

Article 28 When conducting notarization, a notarization institution shall examine the following matters respectively according to the rules for handling different notarization matters:

(1) the identity of the parties, the qualifications for applying for notarization and the corresponding rights;

(2) Whether the contents of the documents provided are complete, whether the meanings are clear, and whether the signatures and seals are complete;

(3) Whether the certification materials provided are true, lawful and sufficient;

(4) Whether the matters applied for notarization are true and legal.

article 29 if a notarization institution needs to verify the matters applied for notarization and the certification materials provided by the parties in accordance with the relevant accreditation rules or has doubts about them, it shall verify them or entrust a notarization institution in a different place to verify them on its behalf, and the relevant units or individuals shall provide assistance according to law.

article 3 if a notary public considers that the certification materials provided in the application are true, lawful and sufficient, and the matters applied for notarization are true and lawful, it shall issue a notarial certificate to the parties within 15 working days from the date of accepting the notarization application. However, due to force majeure, supplementary certification materials or the need to verify the relevant situation, the time required is not counted in the time limit.

Article 31 A notary office shall not handle notarization under any of the following circumstances:

(1) A person with no capacity for civil conduct or a person with limited capacity for civil conduct has no guardian to apply for notarization;

(2) the parties have no interest in the matters for which notarization is applied;

(3) The matters applied for notarization belong to professional technical appraisal and evaluation;

(4) there is a dispute between the parties about the matters to be notarized;

(5) the parties fabricate or conceal facts or provide false certification materials;

(6) the evidential materials provided by the parties are insufficient or refuse to supplement the evidential materials;

(7) the matters applied for notarization are untrue and illegal;

(8) the matters applied for notarization violate social morality;

(9) The party concerned refuses to pay the notarization fee as required.

Article 32 A notarial certificate shall be made according to the format stipulated by the judicial administrative department of the State Council, and shall be signed or stamped by the notary and stamped with the seal of the notary office. The notarial certificate shall take effect as of the date of issuance.

The notarial certificate shall be written in the language commonly used in the whole country; In ethnic autonomous areas, according to the requirements of the parties concerned, local commonly used national language texts can be made.

Article 33 A notarial certificate needs to be used abroad, and if the user country requires authentication first, it shall be authenticated by the Ministry of Foreign Affairs of the People's Republic of China or the institutions authorized by the Ministry of Foreign Affairs and the embassies (consulates) of the relevant countries in the People's Republic of China.

article 34 the parties concerned shall pay notarization fees according to the regulations.

for the parties who meet the conditions of legal aid, the notarization institution shall reduce or exempt the notarization fee according to the regulations.

Article 35 A notary office shall classify and file notarized documents. Important notarized files, such as matters that should be notarized according to laws and administrative regulations, shall be handed over to the local archives for safekeeping in accordance with the provisions after the expiration of the preservation period in the notarization institution.

Chapter V Effectiveness of Notarization

Article 36 A notarized civil juristic act, facts and documents with legal significance shall be used as the basis for ascertaining the facts, unless there is evidence to the contrary that can overturn the notarization.

article 37 if the debtor fails to perform or improperly performs the notarized creditor's rights document with payment as its content and stating that the debtor is willing to accept the commitment of enforcement, the creditor may apply to the people's court with jurisdiction for enforcement according to law.

if the creditor's rights documents specified in the preceding paragraph are indeed wrong, the people's court will rule that they will not be executed, and the ruling will be served on both parties and the notary public.

article 38 if the matters that have not been notarized as stipulated by laws and administrative regulations have no legal effect, such provisions shall prevail.

article 39 if a party or an interested party in a notarial matter thinks that the notarial certificate is wrong, they may file a reexamination with the notary office that issued the notarial certificate. If the contents of the notarial certificate are illegal or inconsistent with the facts, the notary office shall revoke the notarial certificate and make an announcement, and the notarial certificate shall be invalid from the beginning; If there are other mistakes in the notarial certificate, the notary office shall correct them.

Article 4 If a party or an interested party in a notarial matter disputes the contents of a notarial certificate, they may bring a civil lawsuit to the people's court for the dispute.

Chapter VI Legal Liability

Article 41 If a notary public and its notaries commit any of the following acts, the judicial administrative department of the people's government of a province, autonomous region, municipality directly under the Central Government or a city divided into districts shall give a warning; If the circumstances are serious, a fine of not less than 1, yuan but not more than 5, yuan shall be imposed on the notary office, and a fine of not less than 1, yuan but not more than 5, yuan shall be imposed on the notary office, and a penalty of not less than three months but not more than six months may be imposed; Illegal income, if any, shall be confiscated:

(1) soliciting notarization business by slandering other notarization institutions and notaries or paying kickbacks or commissions;

(2) collecting notarization fees in violation of the prescribed charging standards;

(3) practicing in two or more notary offices at the same time;

(4) engaging in other paid occupations;

(5) notarizing for himself or his close relatives or notarizing the interests of himself or his close relatives;

(6) other acts that should be punished according to the provisions of laws and administrative regulations.

Article 42 If a notary public and its notaries commit any of the following acts, the judicial administrative department of the people's government of a province, autonomous region, municipality directly under the Central Government or a city divided into districts shall give a warning to the notary public, impose a fine of not less than 2, yuan but not more than 1, yuan, and may impose a penalty of suspending business for rectification for one month but not more than three months; Give a warning to the notary, and impose a fine of more than 2, yuan and less than 1, yuan, and may be given a penalty of stopping practicing for more than three months and less than 12 months; Illegal income, confiscate the illegal income; If the circumstances are serious, the judicial administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government shall revoke the practicing certificate of a notary; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(1) Issuing a notarial certificate without permission;

(2) issuing notarial certificates for untrue and illegal matters;

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