Regulations of Anhui province on notarization

Chapter I General Provisions Article 1 These Regulations are formulated in accordance with the relevant laws and administrative regulations of the state and in light of the actual situation of this province in order to standardize notarization, give full play to the service, communication, notarization and supervision functions of notarization institutions, prevent and reduce disputes, safeguard national interests, protect the legitimate rights and interests of citizens, legal persons and other organizations, and promote economic and social development. Article 2 Notarization as mentioned in these Regulations refers to the activities of notarization institutions to prove the authenticity and legality of legal acts and events and documents with legal significance according to law. Article 3 A notarization institution shall respect facts and abide by laws when handling notarization affairs. Article 4 A notarization institution shall independently handle notarization affairs according to law, and shall not be interfered by administrative organs, social organizations, enterprises, institutions or individuals. Article 5 A notary shall abide by the law and practice discipline, and keep state secrets, business secrets and personal privacy of the parties according to law. Article 6 Notarization shall be carried out under the management system of combining the administrative management of judicial administrative organs with the professional management of notaries. Chapter II Notary Institutions and Notaries Article 7 Notary institutions are legal persons established according to law, which perform the functions of national notarization, independently carry out business, independently assume responsibilities and conduct independent accounting.

There is no subordinate relationship between notarization institutions. Article 8 The establishment, alteration and termination of a notarization institution shall be approved or decided by the provincial judicial administrative department in accordance with the relevant provisions of the state. Ninth notary office to implement the director responsibility system. The person in charge of the notary office must be the person who has obtained the notary practice certificate. Article 10 A notary refers to a person who has passed the notary qualification examination or assessment organized by the state and obtained a notary practice certificate, and specializes in notarization business in a notary office. Eleventh the implementation of notary public institutions and notaries registration, practice registration system. Those who are not registered or registered to practice shall not practice.

Implement the registration system of notarization institutions and the annual inspection system of practicing notaries. If the annual inspection registration is unqualified, the notarization affairs shall not be handled. Chapter III Notarization Business Article 12 A party may apply to a notary office for notarization of the following legal acts:

(a) the establishment, modification and termination of the contract;

(2) Establishment, alteration and revocation of entrustment and will;

(3) A statement on the division, donation, transfer, lease and abandonment of the right of inheritance of property;

(four) maintenance, legacy maintenance agreement;

(5) Issuance, listing and transfer of stocks and bonds;

(6) Endorsement of bills, refusal of acceptance and refusal of payment;

(seven) auction, bidding, bidding, awards, lottery;

(8) Debt guarantee;

(nine) the inheritance, sale, gift and mortgage of urban houses;

(10) Pre-marital property registration and marital property agreement;

(eleven) the establishment of the adoption relationship and the agreement on the property of husband and wife;

(twelve) the establishment, alteration and termination of other legal acts. Thirteenth the following events and documents of legal significance, the parties may apply to a notary public for notarization:

(1) Civil rights such as property ownership, inheritance, trademark right, patent right and copyright enjoyed by citizens, legal persons or other organizations;

(two) the birth, survival, residence, death, identity, education, experience, position, title, marriage, kinship, nationality and previous name of the citizen, whether he has been subjected to criminal punishment;

(3) the qualifications, articles of association and legal representative qualifications of the legal person or other organization, the credit standing or operating status of the legal person or other organization, and the inventory, evaluation and liquidation of creditor's rights and debts and property;

(4) The signature, seal and date on the contract or other documents;

(five) the relationship between the copy, abridged version, translation and photocopy of the document and the original;

(6) Force majeure events;

(seven) other events and documents of legal significance. Fourteenth the following acts, events and documents, one of the parties to apply for notarization, should be notarized:

(1) Lease, joint venture, merger, property right sale and auction of state-owned enterprises;

(two) the bidding activities of large and medium-sized construction projects. Fifteenth the following acts, events and documents, the parties shall apply to a notary public:

(a) the demolition compensation agreement and resettlement agreement of the administrative department in charge of house demolition;

(two) the transfer, lease and mortgage contract of the right to use state-owned land obtained by means of transfer;

(three) the transfer of land use rights managed by rural collective economic organizations;

(4) Bidding activities in government procurement;

(5) Pre-sale contract of commercial housing and installment agreement;

(6) Lottery tickets and lotteries issued to the public according to law;

(seven) other acts, events and documents that should be notarized by laws and regulations. Article 16 A notarization institution may, at the request of creditors, give compulsory enforcement effect to creditor's rights documents that meet the following conditions:

(a) the relationship between creditor's rights and debts is clear, and there is no doubt that creditors and debtors will discuss the payment content of creditor's rights documents;

(2) When the creditor's rights document states that the debtor fails to perform his obligations or fails to perform his obligations completely, the debtor is willing to accept the promise of enforcement according to law. Article 17 The scope of creditor's rights documents endowed with enforcement effect by notarization institutions:

(1) Loan contracts, loan contracts and lease contracts without property guarantee;

(2) Creditor's rights instruments for selling goods on credit;

(3) All kinds of IOUs and IOUs;

(4) repayment (material) agreement;

(5) Agreement on payment of alimony, maintenance, childcare, tuition and compensation (compensation);

(6) Other creditor's rights documents that meet the conditions for giving enforcement effect.