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Because the function of notarization is to prevent disputes and reduce litigation, and the notarial certificate has the effect of legal evidence, enforcement and elements of legal acts, all legal acts, legal facts and legal documents can apply for notarization as long as citizens, legal persons or other organizations think it necessary. According to the current legal provisions and general practices, the following legal affairs must be notarized:
1. Birth, education, experience, marital status, nationality, criminal punishment, family relationship, etc. Requirements to study abroad, settle down, visit relatives and work need to be notarized according to the requirements of relevant countries or regions;
2, China citizens to other countries or regions to inherit property, accept gifts, claim compensation and other related documents and materials or behavior, must be notarized in accordance with the requirements of the relevant countries or regions;
3. Relevant documents, materials or acts required by legal persons or other organizations in China to set up branches in other countries or regions, conduct trade, register trademarks, apply for patents, export labor services, bid, participate in litigation or arbitration activities, claim for compensation, etc. Notarization shall be carried out in accordance with the requirements of the relevant countries or regions;
4. Legal acts or affairs that must be notarized according to Chinese laws. These legal acts or affairs mainly include: foreign adoption, loan mortgage, bidding, auction, external sales and lease of commercial housing, compensation in urban housing demolition, resettlement agreement, etc.
According to the convention formed in practice, some legal acts generally need notarization. Such as inheritance, gift, entrustment, escrow, and pre-litigation evidence preservation;
6. In order to protect their legitimate rights and interests and avoid disputes, some important or controversial agreements or affairs should be notarized. Such as various property or property rights transfer agreements, various cooperation agreements, co-construction agreements, property division agreements, various statements and commitments. ; In order to make some important behaviors more standardized and legal, the forms of notarization should generally be advocated or selected by the government or the parties concerned, such as the founding meeting of the joint-stock company, the shareholders' meeting, and the resolutions of the board of directors.
Legal basis:
Notary Law of People's Republic of China (PRC)
Article 6 A notarization institution is a certification institution established according to law, which is not for profit, independently exercises notarization functions and bears civil liabilities according to law.
Article 7 Notary offices may be established in counties, cities not divided into districts, cities divided into districts, municipalities directly under the Central Government and municipal districts in accordance with the principle of overall planning and rational layout. A city divided into districts and a municipality directly under the Central Government may set up one or more notary offices. Notary agencies are not established according to administrative divisions.
Article 9 The establishment of a notarization institution shall be reported by the local judicial administrative department to the judicial administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government for approval in accordance with the prescribed procedures, and the practicing certificate of the notarization institution shall be issued.
Twenty-fifth natural persons, legal persons or other organizations to apply for notarization, you can submit proof of behavior or facts to the notary office of your domicile or habitual residence.
The application for notarization of real estate shall be submitted to the notary office where the real estate is located; Notarization involving entrustment, declaration, gift and will of real estate may be governed by the provisions of the preceding paragraph.
Twenty-sixth natural persons, legal persons or other organizations may entrust others to notarize, except that the will, survival and adoption relations should be notarized by themselves.
Twenty-seventh parties applying for notarization shall truthfully explain the relevant information about the matters applying for notarization to the notary public, and provide true, legal and sufficient proof materials; If the supporting materials provided are not sufficient, the notary office may request to supplement them.
After accepting the application for notarization, the notarization institution shall inform the parties of the legal significance and possible legal consequences of the application for notarization, and record the contents of the notification.