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How to handle notarization
I. Application and acceptance

1. Citizens and legal persons applying for notarization shall submit and fill in the notarization application form to the notary office.

The notarization application form shall fill in the following contents:

1 Name, gender, date of birth, ID number, work unit, address, etc. The applicant and his agent; If the applicant is a legal person, it shall prove the name and address of the legal person, the name and position of the legal representative, etc. ;

2. Notarization matters and the purpose of notarial certificate;

3. The name and number of the submitted materials and the names and addresses of relevant witnesses;

4 application time and other issues that need to be explained.

The applicant should sign or seal the application form. If it is really difficult for the applicant to fill in the application form, it may be filled in by a notary.

2. Citizens and legal persons applying for notarization shall submit the following materials:

1 Identity certificate, legal person qualification certificate and identity certificate of its legal representative;

2. If the agent applies on his behalf, a power of attorney or other agency qualification certificate (legal agent or designated agent) shall be submitted;

Documents that need notarization, such as contracts, wills, diplomas, etc. ;

4. Property ownership certificate related to notarization;

5. Other certification materials related to notarization.

3. An application that meets the following conditions shall be accepted by the notary office:

1 The applicant has an interest in the notarization;

There is no dispute between the parties applying for notarization and the interested parties;

3. Matters applying for notarization belong to the business scope of the notary office;

Matters applying for notarization are under the jurisdiction of this notary office. The notary office shall make a decision not to accept the unqualified application and notify the applicant.

4. After accepting the application for notarization, the notary office shall carry out classified registration. Registration items include notarization (such as inheritance, adoption, loan contract, etc.). ), the name of the party (name), the name of the representative (agent), the date of acceptance, the undertaker, the approver, the date of completion, the way of closing the case, the number of the notarial certificate, etc.

5. After accepting the notarization application, the notary office shall charge the notarization fee to the parties in accordance with the prescribed standards. After the completion of notarization, if the amount of notarization fee approved is inconsistent with the amount received in advance, it shall go through the formalities of refund or supplement. If the parties have difficulty in paying the notarization fee, they shall submit a written application, and the director or deputy director of the notary office shall decide whether to reduce or exempt it.

Second, review.

1. Notarization review refers to the investigation and verification of the notarization matters applied by the parties and the certification materials provided by the parties before the notarization certificate is issued. Notaries have the right and obligation to collect evidence, and should carefully collect evidence by questioning witnesses, obtaining documentary evidence, physical evidence, audio-visual materials, on-site inspection and appraisal. The parties shall bear the burden of proof for the matters applied for notarization, and shall truthfully state the facts related to the notarization matters to the notary office and provide corresponding materials.

2, the notary office should focus on the review:

1 Number, identity, qualification and capacity for civil conduct of the party concerned;

2. The parties' expression of will and corresponding rights;

3. Whether the contents of acts, facts or documents that need notarization are true and legal;

4. Whether the contents of the documents to be notarized are perfect, whether the words are accurate and whether the signatures and seals are complete;

5. Whether the certification materials provided by the parties are true and sufficient.

3. If the notary office thinks that the evidential materials provided by the parties are incomplete or in doubt, it shall notify the parties to make necessary supplements or obtain relevant evidential materials from relevant units and individuals, and has the right to conduct on-the-spot investigation. Archives or other written evidence extracted by notaries from relevant units shall be checked and sealed by the unit, and the relevant units shall actively assist.

In case of special problems, the notary office may employ or entrust professional departments and personnel with professional knowledge for identification and translation. The appraisal conclusion or translation materials shall be signed by the appraisers and translators.

4. The notary office can help the parties to draft and modify contracts, wills, statements and other legal documents according to their requirements. If the contents of the documents applied for notarization by the parties are imperfect and the words used are improper, the notary shall guide the parties to correct them, and if the parties refuse to amend them, they shall indicate them in the transcripts.

5. Special procedures

1 The notary office handles notarization matters such as bidding, lottery and auction. The notary shall be present to examine its authenticity and legality. Real and legal, read notarized words on the spot. If it is found that the parties can resort to deceit, violate the rules of activities or commit illegal acts, they shall be ordered to make corrections on the spot; Refuses to correct, the notary shall refuse to read the notarial certificate.

Notarization of wills shall be handled by two notaries, and one of them shall sign the notarial certificate.

When the notary office handles the notarization of escrow, it shall notify the creditor to receive the escrow subject matter within a certain period of time by notice or announcement. When receiving the subject matter in escrow, the creditor shall provide proof of identity and creditor's rights certificate, and bear the expenses for escrow. The notary office may auction the escrow items that are difficult to preserve or cannot be collected by the creditors at maturity, and keep the price. From the date of escrow, the escrow subject matter that has not been collected for more than 20 years shall be regarded as ownerless property and turned over to the state treasury.

Three. Issuance and delivery of certificates

1, issuing certificates is the activity of the notary office to produce and issue notarial certificates according to the examination results. The conditions for issuing certificates are as follows:

1 Notarization of legal acts (such as signing contracts, making wills, inheriting inheritance, adopting children, making deposits, etc.). ) shall meet the following conditions:

1. The actor has corresponding capacity for civil conduct;

B. the meaning is true;

C, the content and form of behavior does not violate laws, regulations, rules or social interests.

2. The notarization of facts or documents with legal significance shall meet the following conditions:

1. The fact or document has a legal interest with the notarized party;

B. The facts or documents are true and correct;

C. the contents of facts or documents do not violate laws and regulations.

3. The signature and seal on the document shall be notarized, and the signature and seal shall be accurate and true; The text of a notarized document shall be completely consistent with the original contents.

4. The notarization that gives the obligatory right document the force of enforcement shall meet the following conditions:

I notarized creditor's rights documents;

B, creditor's rights certificate to pay a certain amount of money, goods or securities as the content;

C, creditor's rights documents show that the debtor fails to perform its obligations should be enforced.

2. Qualified notarization matters shall be submitted to the director or deputy director of the notary office or its designated notary for approval together with the notarization documents after the notarization document is drafted by the undertaker.

3. The notarial certificate shall be made in the format stipulated or approved by the Ministry of Justice.

1 The documents indicated in the notarial certificate are an integral part of the notarial certificate.

The notarial certificate shall not be altered, dug or modified, and shall be stamped with the proofreading seal of the notary office.

The notarial certificate shall be in Chinese, and in areas where ethnic minorities live together or where many ethnic groups belong to the same position, except for foreign-related notarial matters, the words commonly used by local ethnic groups may be used.

According to the needs or requirements of the parties, the notarial certificate may be accompanied by a foreign language translation.

Unless otherwise provided by law, the notarial certificate shall take effect from the date of approval by the approver.

The date of approval of the approver is the date of issuance of the certificate.

If the notarial certificate needs consular certification, the notary office shall send it to the relevant department for certification and collect the certification fee.

4. The notarial certificate shall be collected by the parties or their agents at the notary office. If necessary, it can also be sent by the notary office. The parties or their agents shall sign or seal the receipt of notarial deed, and indicate the date of receipt, number of copies and number of notarial deed.

Four. Time limit, refusal and reconsideration

1. Notarization matters shall be settled within one month from the date of acceptance. Notarization matters that are seriously complicated, the evidence of the parties is insufficient or need to be entrusted for investigation may be appropriately extended with the approval of the director or deputy director of the notary office, but the longest period shall not exceed six months.

2. The notary office shall refuse to notarize untrue and illegal acts, facts and documents.

3. If the notary office at the same level or at a higher level or its judicial administrative organ finds that the contents of the notarial certificate issued are untrue or violate the legal and social interests, it shall revoke the notarial certificate.

4. If a party refuses to accept the decision made by the notary office not to accept, refuse to notarize or revoke the notarial certificate, it may, within ten days from the date of receiving the decision, apply to the judicial administrative organ at the same level of the notary office for reconsideration. If the applicant for reconsideration refuses to accept the reconsideration decision, he may bring a lawsuit to the people's court within 15 days from the date of receiving the reconsideration decision.