There is no subordinate relationship between notary offices. Article 4 The judicial administrative department of the people's government at or above the county level is the competent authority for notarization.
With the approval of the judicial administrative department of the province, notary offices shall be established in provinces, prefectures (cities), counties (cities, districts) and other necessary places. Article 5 A notary is a legal professional who handles notarization in a notary office according to law.
The qualification of a notary shall be obtained after passing the unified examination organized by the judicial administrative department of the State Council or the examination of the provincial judicial administrative department.
Notarization practice must hold a notarized practice certificate uniformly printed by the judicial administrative department of the State Council. Article 6 A notary shall conduct notarization according to law, abide by professional ethics and practice discipline, and keep state secrets and secrets of the parties concerned, and shall not commit any of the following acts:
(1) refusing to handle notarization without justifiable reasons;
(two) issued a notarial certificate that violates the facts and laws;
(3) accepting or soliciting property or seeking other illegitimate interests;
(4) Other violations of law and discipline. Article 7 A notary office shall carry out notarization independently according to law and shall not be interfered by administrative organs, social organizations or individuals.
Notaries perform their duties according to law and are protected by state laws. Article 8 A notary office shall collect fees for notarization according to the standards set by the state. Article 9 A party may apply to a notary office to prove the following legal acts:
(a) The conclusion, modification and termination of contracts and agreements;
(2) Entrustment, gift, bequest and maintenance, and the establishment, alteration or revocation of wills;
(3) A statement on the division, transfer or inheritance of property and the abandonment of property rights and inheritance rights;
(four) the sale and mortgage of houses;
(five) the issuance and listing of securities, the endorsement and transfer of bills, and the refusal of acceptance and payment of bills;
(6) Guarantee of debts, recourse of creditor's rights or recognition of debts;
(seven) auction, bidding, examination, award and lottery;
(eight) the contracting and leasing of cultivated land, forest land, barren hills, grass hills and water surfaces, or the assignment, transfer and inheritance of the right to use;
(9) adopting children and claiming their own children;
(10) marital property agreement;
(eleven) the establishment, alteration and termination of other civil legal acts. Tenth parties may apply to the notary office to prove the following events and documents with legal significance:
(1) Civil rights such as property ownership, inheritance, trademark right, patent right and reputation right enjoyed by citizens, legal persons and other organizations;
(two) the birth, survival, education, experience, marriage, relatives, residence and death of citizens, whether they have been subjected to criminal sanctions;
(3) qualifications, articles of association, credit standing, property inspection, evaluation and liquidation of legal persons and other organizations, and resolutions of the founding meeting and shareholders' meeting of the joint stock limited company;
(4) Force majeure events;
(5) the valuation of the insured property and the conclusion of the insured loss;
(six) the signature, seal and completion date of the contract or other documents;
(seven) copies, abridged versions, translations, photocopies and photocopies of documents are consistent with the original;
(eight) other events and documents of legal significance. Eleventh the following legal acts, legal events and documents must be notarized:
(1) Contracts for assignment, transfer and mortgage of the right to use state-owned land;
(two) the gift and inheritance of private houses in cities and towns;
(3) Mortgage loan contract;
(four) contracting, leasing, merger, property rights sale and auction of state-owned enterprises and urban collective enterprises;
(five) the bidding of large and medium-sized and key construction projects and the contracts signed after winning the bid;
(six) the demolition compensation, resettlement agreement and evidence preservation of the competent department of house demolition;
(seven) the competent department of house demolition shall preserve the evidence of the demolished houses with property rights disputes;
(eight) involving the adoption of children and the claim of children;
(9) Evidence preservation involving copyright infringement;
(ten) other matters that must be notarized by laws and regulations. Article 12 A notary office shall handle the deposit business of money, articles and securities. If the debtor is unable to perform the statutory payment obligation under any of the following circumstances, he may apply to the notary office for notarization:
(1) The creditor refuses or delays taking delivery of the subject matter without justifiable reasons, which makes the debtor unable to pay on schedule;
(2) The debtor is unable to perform the debt because the creditor's whereabouts are unknown;
(3) where the creditor and the debtor agree to deposit and pay in advance.
After the parties deposit the money, articles or securities that should be paid in the notary office for notarization, it is deemed that the debtor has fulfilled the obligation to pay. The notary office shall, within seven days from the date of issuing the notarial certificate, notify or notify the creditor to receive the escrow items. If the creditor fails to receive the escrow items within six months, or the escrow items are difficult to preserve, the notary office may preserve the price after the sale.
The expenses for deposit shall be borne by the creditors.