To revoke the notarization, a written examination shall be submitted to the notarization institution that issued the notarial certificate within one year from the date of receipt of the notarial certificate, stating the mistakes and reasons that the applicant thinks exist in the notarial certificate, putting forward specific requirements for revoking or correcting the notarial certificate, and providing relevant certification materials.
The notarization institution shall examine the errors in the notarial certificate submitted by the applicant and their reasons, and deal with them according to the following provisions after distinguishing different situations:
1. If the notarial certificate is legal and correct, and only expresses testimony or has an improper format, it shall be withdrawn, corrected and reissued to the parties; If it cannot be restored, a notarial certificate of correction shall be issued separately;
2. If the basic contents of the notarial certificate are illegal or inconsistent with the facts, a decision shall be made to revoke the notarial certificate;
3. If part of the notarial certificate is illegal or inconsistent with the facts, a notarial certificate can be issued for correction and the contents of the notarial certificate that are illegal or inconsistent with the facts can be revoked; You can also withdraw the notarial certificate, delete and correct the illegal or inconsistent parts, and then reissue them to the parties;
4. The contents of the notarial certificate are legal and correct, but if the procedures are violated and the necessary procedures are lacking in the process of handling, the missing procedures and formalities shall be re-submitted; If the notarization procedure cannot be completed or seriously violated, the notarization certificate shall be revoked.
In addition, if the contents of the notarial certificate are legal and correct and the procedures are correct, it cannot be revoked.
Extended data:
First, the relevant provisions of the rules of notarization procedure:
Notarization of real estate cannot be revoked at will. If the parties consider that the notarial certificate is wrong, they shall submit a written review to the notary office that issued the notarial certificate. According to the relevant provisions of the rules of notarization procedure.
Article 62 of the Rules of Notarization Procedure
After receiving the application for reexamination, the notary office shall appoint a notary other than the original notary for reexamination. The examination conclusions and handling opinions shall be reported to the person in charge of the notarization institution for approval.
Article 64
The notarization institution shall complete the review within 30 days from the date of receiving the application for review, make a review decision and send it to the applicant. If it is necessary to revoke, correct or supplement the notarial certificate, it shall be completed within ten days after the decision of reexamination is made. The reexamination decision and notarial certificate after treatment shall be deposited in the original notarial file.
If the notarization institution handles the reexamination due to force majeure, supplementary certification materials or the need to verify relevant materials, the time required shall not be counted within the time limit specified in the preceding paragraph, but the longest time for supplementary certification materials or the need to verify relevant materials shall not exceed six months.
Article 66
If the notarial certificate is revoked, the notarial fee charged shall be handled in accordance with the following provisions:
(1) If the notarial certificate is revoked due to the fault of the notary office, all the notarial fees collected shall be returned to the parties concerned;
(2) If the notarial certificate is revoked due to the fault of the party concerned, the notarial fee collected will not be refunded;
(3) If the notarial certificate is revoked due to the fault of the notarization institution and the parties concerned, the notarial fee collected shall be refunded as appropriate.
Article 67
If the parties or interested parties to the notarization matter have any objection to the decision made by the notarization institution to revoke or not to revoke the notarization certificate, they may complain to the local notarization association.
Measures for handling complaints shall be formulated by China Notary Association.
Second, the relevant requirements of real estate notarization
Property belongs to property. According to the Provisional Regulations on Notarization and the Rules of Notarization Procedure (Trial), the notarization of real estate should generally be under the jurisdiction of the notary office where the real estate is located.
The Joint Notice on Strengthening the Notarization of Real Estate Registration Management stipulates that:
1, inheritance, gift of real estate, the parties should first go through the notarization of inheritance and gift, and then go through the registration formalities of property ownership transfer at the real estate management department with the notarial certificate and related deeds;
2. The testator's will to dispose of real estate shall be notarized.
3, foreign-related and Hong Kong, Macao and Taiwan-related real estate ownership transfer behavior, must be notarized, and then to the real estate management department for real estate registration and other administrative procedures;
4. Local real estate management organs and judicial notarization organs may, according to local actual conditions, formulate provisions that other real estate matters in the region must be notarized;
5. Notarization and real estate registration procedures.
In addition to the Joint Notice on Strengthening the Notarization of Real Estate Registration Management, the state and local governments have stipulated in a series of laws, regulations and rules, such as "Several Provisions on the Administration of Private Houses for Foreigners" in the State Council, that the documents related to the registration, transfer or change of registration procedures of housing rights must be notarized.
The State Council's "Regulations on the Management of Urban House Demolition" stipulates that house demolition, compensation and resettlement agreements must be certified. Demolition of escrow houses, houses with property disputes, houses where the mortgagor and the mortgagee have not reached a new mortgage agreement within the prescribed time limit, the notary office shall handle the evidence preservation.
The Ministry of Construction's Interim Measures for the Registration of Urban Housing Ownership stipulates that if others are entrusted to handle the registration of housing ownership, the power of attorney shall be notarized by a notary office. Specialized banks stipulate that mortgage loan contracts or mortgage guarantee documents involving house mortgage should be notarized by notary organs.
Many local laws and regulations also stipulate that the inheritance, donation, production analysis, sale, transfer, mortgage and lease of private houses, and the pre-sale, sale, mortgage, transfer, inheritance, donation and exchange of commercial houses and employee houses in the housing system reform must be notarized.
Third, the significance of handling real estate notarization
Incorporating notarization into the system of real estate management activities will make notarization a necessary procedure for real estate transactions, which will promote and guarantee the healthy development of the real estate market and the protection of the legitimate rights and interests of traders.
(1) Notarization can guarantee the authenticity of real estate transactions.
(2) Notarization can guarantee the legality of real estate transactions.
References:
Baidu Encyclopedia-Notarization Procedure Rules
Baidu encyclopedia-real estate notarization