Chapter 1 General Provisions Article 1 is to improve the notarization system, standardize notarization behavior, give full play to the role of notarization in legal protection and legal services, prevent disputes, and reduce litigation, in accordance with the provisions of relevant laws and regulations, and in combination with the actual situation of the province , formulate these regulations. Article 2 The term “notarization” as mentioned in these Regulations refers to the activities carried out by the state notary agencies to certify the authenticity and legality of legal acts and legally significant facts and documents in accordance with the law. Article 3 The basic principles of notarization are:
(1) Be faithful to the facts and in accordance with laws, regulations and international practices;
(2) Conduct it independently and not be subject to administrative agencies, social Interference from groups, enterprises, institutions and individuals;
(3) Keeping state secrets and the secrets of the parties concerned. Article 4 All notary offices and notarial personnel within the administrative jurisdiction of this province and notarization activities within the administrative jurisdiction of this province shall abide by these regulations. Article 5: Judicial administrative agencies at all levels are the competent departments for notarization work within their respective administrative regions and are responsible for organizing the implementation of these regulations.
The judicial administrative departments of agriculture and forestry are responsible for managing the notarization work of this system and accept the supervision and guidance of the provincial judicial administrative agencies. Chapter 2 Notarization Business Article 6 The following legal acts, legally significant facts and documents shall be notarized:
(1) The study abroad agreement signed by the personnel sent by the government to study abroad and the sending department;
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(2) Entrustment agreement for state-owned assets to be registered in an individual’s name overseas with the approval of the Provincial People’s Government;
(3) Changes in property ownership involving foreign countries and Hong Kong, Macao and Taiwan regions;
(4) Asset (equity) transfer agreement for Sino-foreign joint ventures and cooperative enterprises;
(5) Legal inheritance of stocks and other securities and bank deposits;
(6) Donation, inheritance and division of urban private houses, relocation and resettlement compensation agreements, demolition of managed houses and evidence preservation;
(7) Sino-foreign joint ventures, Sino-foreign cooperation, wholly foreign-owned enterprises and Mortgage loan contracts signed by financial institutions;
(8) Various lottery tickets and lottery draws issued to the public in accordance with the law;
(9) Other matters stipulated by laws and regulations that must be notarized and both parties agree in writing that notarization is an essential requirement for the establishment of a legal act. Article 7 Upon application by the parties, the notary office can certify the following legal acts:
(1) The establishment, modification and revocation of trusts and wills;
(2) Citizens’ pre-marital property agreements ;
(3) Guarantee, performance or recognition of debts, and actions to claim claims within the statute of limitations;
(4) Issuance and listing of securities;
(5) Ownership, license and transfer of intellectual property rights such as trademarks, patents and proprietary technologies;
(6) Competitive behaviors such as auctions, bidding, examinations, awards, competitions, etc.;
(7) Transfer, mortgage and auction of state-owned land use rights, contracting and transfer of collectively owned land use rights;
(8) Bidding and engineering contracting of large and medium-sized construction projects Contracts;
(9) Contracting, leasing, joint venture, auction, merger and other agreements between state-owned and collective enterprises;
(10) Loan contracts signed by legal persons or citizens and financial institutions and Guarantee contract;
(11) Establishment, change and termination of other legal acts.
Article 8 Upon application by the parties concerned, the notary office may certify the following legally significant facts and documents:
(1) Civil rights enjoyed by citizens and legal persons;
(2) Birth of citizens. , marriage, kinship, academic qualifications and other natural conditions, and whether they have been criminally punished;
(3) Legal person qualifications, credit or business conditions, creditor's rights and debts, and the ability to perform debts;
(4) Articles of Association;
(5) The date of creation, signatures and seals of documents and certificates are authentic;
(6) Copies, abridgements, translations, photocopies and originals of documents Comply with;
(7) Force majeure events;
(8) Preservation of evidence of intellectual property infringement;
(9) Adoption relationship and claiming biological children;
(10) Other facts and documents with legal significance. Article 9 If a mortgage is set up on urban real estate or buildings such as factories of township or village enterprises, registration must be made at the notary office where the real estate is located. Article 10 Upon application by the parties concerned, the notary office may handle the following related legal matters:
(1) Custody of inheritance, will and other documents;
(2) Inventory of property and sealing Sample;
(3) Accepting employment to provide notarial legal services for state agencies, social groups, enterprises and institutions;
(4) Mediating notarization matters during the performance process according to the application of the parties Disputes arising in the process;
(5) Handle other notarization matters in accordance with laws, regulations and international practices. Article 11 In the case of any of the following circumstances involving the creditor-debt relationship, the notary office may handle the notarization of deposits and deposits of currency, items, and securities: (1) The creditor refuses or delays the payment of the debt without justifiable reasons. Subject matter;
(2) The creditor is not at the place where the debt is performed and cannot go to the place of performance to collect the creditor's rights;
(3) The whereabouts of the creditor are unknown;
(4) The creditor dies (extinction), his heir is unclear or incapacitated, or the creditor disappears and his legal representative is unclear; (5) Both parties to the debt agree in the contract (agreement) to The payment is made in the form of deposit;
(6) In order to ensure the interests of the creditor, the guarantor, mortgagor or pledgee requests that the collateral (gold) or other substitutes be deposited.
After the notary office handles the deposit, the debtor is deemed to have fulfilled its obligations.
The creditor shall bear the expenses incurred for withdrawal and deposit.