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Several Provisions on Notary Work in Yunnan Province

Article 1 is for the purpose of regulating notarial acts, giving full play to the role of notarization in service, communication, certification, and supervision, protecting national interests and the legitimate rights and interests of citizens, legal persons, and other organizations, preventing disputes, reducing litigation, and promoting economic development. To maintain social stability, these regulations are formulated in accordance with relevant national laws and regulations and in conjunction with the actual conditions of this province. Article 2 Notarization is an act by which a notary institution certifies the authenticity and legality of legal acts, legally significant events, and documents in accordance with the authorization of the state and the application of the parties. Article 3: The notary office is a specialized certification institution established by the state and exercises state notarization power in accordance with the law.

There is no affiliation between notaries. Article 4 The judicial administrative departments of the people's governments at or above the county level are the competent authorities for notarization work.

With the approval of the provincial judicial administrative department, notary offices are established in provinces, prefectures (states, cities), counties (cities, districts) and other necessary places. Article 5: Notaries are legal professionals who handle notarization in accordance with the law at the notary office.

The qualification of a notary shall be obtained after passing the unified examination organized by the judicial administrative department of the State Council or passing the assessment by the provincial judicial administrative department.

Notaries practicing must hold a Notary Practice Certificate uniformly printed by the judicial administration department of the State Council. Article 6 Notaries shall perform notarization in accordance with the law, abide by professional ethics and professional disciplines, keep state secrets and the secrets of the parties, and shall not engage in the following behaviors;

(1) Refusing to perform notarization without justifiable reasons;

(2) Issuing a notarial certificate that violates facts and laws;

(3) Accepting or soliciting property or seeking other illegitimate benefits;

(4) Other illegal, Discipline violations. Article 7: The notary office shall independently perform notarization in accordance with the law and shall not be subject to interference by administrative agencies, social groups and individuals.

Notaries perform their duties in accordance with the law and are protected by national laws. Article 8 When a notary office handles notarization, it shall charge fees according to the standards prescribed by the state. Article 9 The parties may apply to the notary office to certify the following legal acts:

(1) Establishment, modification and termination of contracts and agreements;

(2) Entrustment, donation, bequest and support , the establishment, modification or revocation of a will;

(3) The division, transfer or inheritance of property, the declaration of giving up property rights and inheritance rights;

(4) The sale and mortgage of houses;

(5) Issuance and listing of securities, endorsement of bills and refusal to accept and pay bills;

(6) Guarantee of debts, recourse for claims or debts Recognition;

(7) Auctions, tenders, examinations, awards, lottery issuance;

(8) Contracting, leasing or use of cultivated land, forest land, barren hills, grassy hills and water surfaces Assignment, transfer and inheritance of rights;

(9) Adoption of children and claim of biological children;

(10) Marital property agreement;

(11) The establishment, change and termination of other civil legal acts. Article 10 The parties may apply to the notary office to certify the following legally significant events and documents:

(1) Property ownership, inheritance rights, trademark rights, patent rights, and reputation rights enjoyed by citizens, legal persons, and other organizations and other civil rights;

(2) Citizens’ birth, survival, education, experience, marriage, relatives, residence, death, and whether they have received criminal sanctions;

(3) Legal persons and other organizations qualifications, articles of association, credit status, inventory, evaluation and liquidation of property, the founding meeting of the joint-stock company and the resolutions of the general meeting of shareholders;

(4) Force majeure events;

(5) Valuation of insured property and conclusion of insured losses;

(6) Signatures, seals, and dates of creation on contracts or other documents;

(7) Copies, abridgements, and The translation, photocopy, and copy shall be consistent with the original;

(8) Other events and documents of legal significance.

Article 11 The following legal acts, legally significant events and documents must be notarized:

(1) Grant, transfer and mortgage contracts of state-owned land use rights;

(2) ) Donation and inheritance of urban private houses;

(3) Loan contracts with mortgages as guarantees;

(4) Contracting, leasing, and operation of state-owned enterprises and urban collective enterprises Mergers, property rights sales and auctions;

(5) Bidding and bidding for large and medium-sized and key construction projects and contracts signed after winning the bid;

(6) Hosting by the housing demolition authorities House demolition compensation, resettlement agreement and evidence preservation;

(7) Evidence preservation of houses with property rights disputes demolished by the house demolition authorities;

(8) Involving adoption of children and Claiming biological children;

(9) Preservation of evidence involving copyright infringement;

(10) Other matters that must be notarized according to laws and regulations. Article 12 The notary office handles the deposit and withdrawal business of currency, items and securities. If the debtor is unable to perform its legal payment obligations due to one of the following circumstances, he may apply to the notary office for notarization of deposit and withdrawal: (1) The creditor refuses or delays taking delivery of the subject matter without justifiable reasons, making it impossible for the debtor to pay on time

(2) The debtor is unable to perform its obligations due to the unknown whereabouts of the creditor;

(3) The creditor and the debtor agree to pay in advance by way of deposit.

The debtor shall be deemed to have fulfilled his obligation to pay after the party concerned has notarized the withdrawal and deposit of the currency, items or securities that should be paid at the notary office. The notary office shall notify or inform the creditor to collect the deposited items within seven days from the date of issuance of the notarial certificate. If the creditor fails to collect the deposited items six months later or the deposited items are difficult to preserve, the notary office may sell them and keep the price.

The fees paid for the withdrawal shall be borne by the creditor.