Notarization as mentioned in these Regulations refers to the activities of national notary agencies to prove the authenticity and legality of legal acts and facts and documents with legal significance according to the applications of citizens, legal persons and other organizations. Article 3 The judicial administrative organ of the people's government at or above the county level is the competent authority for notarization. Article 4 A notary office shall adhere to the principle of truthfulness and legality when handling notarization affairs.
The notary office independently handles notarization affairs according to law, and no unit or individual may interfere. Chapter II Notary Institutions and Notaries Article 5 A notary office is a certification institution established according to law to exercise the state notarization right.
The establishment, alteration and termination of the notary office shall be examined and approved by the judicial administrative organ of the autonomous region in accordance with the relevant provisions of the state.
There is no subordinate relationship between notary offices. Article 6 The notary office shall implement the director responsibility system. The director of the notary office is produced from the personnel who have obtained the qualification of a notary and approved by the competent department of the people's government at the same level. Article 7 A notary office shall perform its duties according to law and prohibit the following acts:
(a) beyond the authority to handle notarization matters;
(two) engaged in notarization activities by improper means;
(three) notarization in violation of legal procedures;
(four) misappropriation, misappropriation of escrow funds and materials;
(5) Intentionally issuing false notarial documents;
(6) Other illegal acts. Article 8 A notary refers to a person who specializes in notarization business in a notary office and has obtained a notarization practice certificate according to law. Article 9 A notary shall abide by laws and regulations, practice discipline and professional ethics, keep secrets for the parties, and prohibit the following acts:
(a) issued a notarial certificate in violation of facts and laws;
(2) shirking or refusing notarization without justifiable reasons;
(3) Issuing a notarial certificate without authorization in violation of procedures;
(four) asking for bribes, accepting bribes or seeking illegitimate interests;
(5) Other illegal acts. Chapter III Scope of Notarization Article 10 A party may apply to a notary office to prove the following legal acts:
(1) The conclusion, modification or termination of contracts and agreements;
(2) Entrustment, guarantee and gift, and the establishment, alteration or revocation of wills;
(3) A statement on the inventory, division, transfer, inheritance and abandonment of property rights and inheritance rights;
(four) the establishment and dissolution of the adoption relationship, and the claim of children;
(5) Issuance and listing of securities, endorsement of bills, refusal to accept and refusal to pay;
(six) awards, examinations, competitions, auctions and other acts;
(7) recourse of creditor's rights or debtor's approval;
(eight) the establishment, alteration and termination of other legal acts. Eleventh parties may apply to the notary office to prove the following facts 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 or other organizations;
(2) kinship and marital status;
(three) birth, survival, residence, death, whether or not criminal punishment. ;
(4) Identity, education background, experience, professional title, position and nationality;
(five) the qualifications, articles of association, credit standing, creditor's rights and debts of legal persons and other organizations, and the qualifications of legal representatives in property inspection, evaluation and liquidation;
(6) Copies, abridged versions, translations and photocopies of documents are consistent with the original;
(seven) whether the date of filing and the signature and seal of the documents and certificates are true;
(eight) other facts and documents of legal significance. Twelfth the following legal acts and documents, the parties shall apply to the notary office for notarization:
(a) the sale, mortgage, gift, division, inheritance and exchange of houses;
(2) Loan contracts in the form of guarantee, mortgage or pledge;
(3) Lease, joint venture, auction, merger and transfer of property rights of state-owned enterprises;
(four) the company's shareholders' meeting and shareholding agreement;
(5) Bidding for large and medium-sized construction projects;
(6) Sales activities such as lottery tickets that are open to the public;
(7) Legal acts involving foreign countries, Hong Kong, Macao and Taiwan in economic activities;
(eight) other laws and regulations shall be notarized and the parties agree that notarization is an important element for the establishment of legal acts.
The notary office shall, according to the special time limit requirements of notarization matters, handle the matters that should be notarized simply and timely. Thirteenth according to the application of the parties, the notary office shall handle the following legal affairs related to notarization:
(1) Counting the estate and keeping the will or other documents;
(2) Sealed samples;
(3) Answering legal advice and writing legal documents related to notarization;
(4) Mediation of disputes arising from the performance of notarized contract agreements;
(five) as a notary consultant of state organs, enterprises and institutions, social organizations, other organizations and individuals.