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Notarization Law of the People's Republic of China (2015 revision)

Chapter 1 General Provisions Article 1 This law is formulated to regulate notarization activities, ensure that notary institutions and notaries perform their duties in accordance with the law, prevent disputes, and protect the legitimate rights and interests of natural persons, legal persons or other organizations. Article 2 Notarization is an activity in which a notary institution certifies the authenticity and legality of civil legal acts, legally significant facts and documents based on the application of natural persons, legal persons or other organizations and in accordance with statutory procedures. Article 3: Notarization institutions shall abide by the law and adhere to the principles of objectivity and impartiality when performing notarization. Article 4: The China Notary Association shall be established nationwide, and local notary associations shall be established in provinces, autonomous regions, and municipalities directly under the Central Government. The China Notary Association and local notary associations are social group legal persons. The charter of the China Notary Association shall be formulated by the Member Representative Conference and submitted to the judicial administration department of the State Council for filing.

The Notary Association is a self-regulatory organization in the notary industry. It carries out activities in accordance with its charter and supervises the professional activities of notary institutions and notaries. Article 5: The judicial administrative department shall supervise and guide notary institutions, notaries and notary associations in accordance with the provisions of this Law. Chapter 2 Notary Institutions Article 6 Notary institutions are certification institutions established in accordance with the law, not for profit, independently performing notarial functions and assuming civil liability in accordance with the law. Article 7 Notary institutions may be established in counties, cities without districts, cities with districts, municipalities directly under the Central Government or municipal districts in accordance with the principles of overall planning and rational layout; one or several notary institutions may be established in cities with districts or municipalities directly under the Central Government. . Notary institutions are not established hierarchically according to administrative divisions. Article 8 To establish a notary office, the following conditions must be met:

(1) Have its own name;

(2) Have a fixed location;

( 3) Have two or more notaries;

(4) Have the necessary funds to carry out notarization business. Article 9 To establish a notary institution, the local judicial administrative department shall report it to the judicial administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government for approval in accordance with the prescribed procedures, and then issue a notary institution practice certificate. Article 10 The person in charge of a notary institution shall be selected from among notaries with more than three years of professional experience, shall be subject to approval by the local judicial administrative department, and shall be reported to the judicial administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government for record. Article 11 Based on the application of a natural person, legal person or other organization, the notary institution handles the following notarization matters:

(1) Contract;

(2) Inheritance;

< p>(3) Entrustment, declaration, gift, will;

(4) Property division;

(5) Tendering and auction;

(6) ) Marital status, kinship, adoption relationship;

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

(8) Articles of Association;

(9) Preservation evidence;

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

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(11) Other notarization matters that natural persons, legal persons or other organizations voluntarily apply for.

For matters that must be notarized according to laws and administrative regulations, the relevant natural person, legal person or other organization shall apply to a notary institution for notarization. Article 12 Based on the application of natural persons, legal persons or other organizations, notary institutions may handle the following matters:

(1) Matters registered by notary institutions as stipulated in laws and administrative regulations;

(2) Withdrawal and deposit;

(3) Keeping wills, inheritances or other property, items and documents related to notarization matters;

(4) Writing laws related to notarization matters Affairs documents;

(5) Provide notarized legal advice. Article 13 Notary institutions shall not engage in the following acts:

(1) Issue notarial certificates for untrue or illegal matters;

(2) Damage or tamper with notarized documents or notarized documents Files;

(3) Obtaining notarial business by slandering other notary institutions and notaries, or paying kickbacks, commissions and other improper means;

(4) Leaking information learned during practice activities State secrets, business secrets or personal privacy;

(5) Collecting notary fees in violation of the prescribed charging standards;

(6) Prohibited by laws, regulations, or the judicial administrative department of the State Council Other behaviors. Article 14: Notary institutions shall establish business, financial, asset and other management systems, supervise the professional behavior of notaries, and establish a liability investigation system for professional faults. Article 15: Notary institutions shall participate in notarial practice liability insurance. Chapter 3 Notaries Article 16 A notary is a practitioner who meets the conditions stipulated in this Law and engages in notarization business in a notary institution. Article 17 The number of notaries is determined based on 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 determine the staffing plan for notaries based on the establishment of notary institutions and the needs of notarization business, and submit it to the judicial administrative department of the State Council for record.

Article 18 To serve as a notary, one must meet the following conditions:

(1) Have the nationality of the People’s Republic of China;

(2) Be at least 25 years old and six years old Under the age of fifteen;

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

(4) Pass the national judicial examination;

(5) Have practiced as an intern in a notary institution for more than two years, or have more than three years of other legal professional experience and have interned in a notary institution for more than one year, and have passed the examination.