Notary institutions independently handle notarization according to law, and are not subject to interference from other administrative organs, social organizations, enterprises, institutions and individuals. Article 3 A notarization institution shall, according to the application of the parties concerned and the provisions and facts of laws and regulations, prove the authenticity and legality of legal acts, facts and documents with legal significance, and handle other legal affairs related to notarization.
Foreign-related, Taiwan-related, Hong Kong and Macao-related notarization affairs shall be handled by the notarization institution designated by the judicial administrative department of the provincial people's government. Article 4 A notarization institution must be notarized by a notary.
Notary refers to a professional who meets the requirements stipulated by the state, has passed the examination, holds a notarial practice certificate, and engages in notarization business in a notary office. Article 5 The judicial administrative department of the people's government at or above the county level is the competent authority for notarization work within its jurisdiction.
Notary Association is a self-regulatory trade organization of notaries. Chapter II Notarization Business Article 6 A party may apply to a notarization institution to prove the following legal acts:
(a) The conclusion, modification and termination of contracts (contracts) and agreements;
(2) Entrustment, guarantee, gift, establishment, alteration and revocation of a will;
(3) A statement on the division, transfer, inheritance and abandonment of property rights;
(four) the establishment and dissolution of the adoption relationship, and the claim of children;
(5) Issuance, listing and transfer of securities;
(six) the ownership, license and transfer of intellectual property rights such as trademarks, patents and proprietary technologies;
(seven) auction, bidding, examination, awards, competitions and other competitive acts;
(eight) the establishment, alteration and termination of other civil legal acts. Article 7 A party may apply to a notary office to prove the following facts and documents with legal significance:
(1) Civil rights enjoyed by citizens, legal persons or other organizations;
(2) kinship;
(three) birth, survival, residence, death, marital status, whether it has been criminally punished;
(4) Education, experience, professional title, position and nationality;
(5) Confirmation of the right of inheritance;
(6) The qualifications, articles of association, credit standing, creditor's rights and debts of legal persons and other organizations;
(seven) the contract and lease contract of the enterprise;
(8) Whether the filling date, signature and seal of the documents and certificates are true;
(nine) copies, abridged versions, translations, photocopies and photocopies of documents are consistent with the original;
(10) force majeure event;
(eleven) other facts and documents of legal significance. Eighth the following legal acts, facts and documents of legal significance, if one party requests notarization, the notary office shall handle it:
(a) the auction and bidding of urban state-owned land use rights, the transfer of collective land use rights, land, trees and other contracts;
(two) contracts signed between rural economic organizations, rural economic organizations and other economic organizations;
(three) the pre-sale contract of commercial housing and installment agreement, and the escrow contract of private housing;
(4) Articles of association and partnership agreement;
(5) Contracts for enterprise merger, joint venture, lease, auction and property right transfer;
(six) compensation and resettlement agreement for urban housing demolition;
(7) Inheritance and donation of stocks and other valuable securities;
(8) Refusing bills.
(nine) the state-owned and collective assets inventory evaluation results, product sampling test results;
(10) Authorized to handle patent registration, trademark registration power of attorney, technology transfer contract, patent and trademark license and transfer contract;
(eleven) evidence preservation involving trademark and patent infringement;
(twelve) other legal acts, facts and documents with legal significance. Article 9 If the debtor fails to perform the obligations of the creditor's rights documents that meet the following conditions, the notary office may, upon the application of the creditor, give the creditor's rights documents compulsory enforcement effect, and the creditor shall apply to the people's court with jurisdiction for enforcement:
(a) Pay a certain amount of money, goods or securities;
(2) The debtor fails to perform the payment obligation on schedule;
(3) The creditor's rights documents have been notarized.
The time limit for the creditor to request the notarization institution to give the creditor's rights documents compulsory enforcement effect is 2 years, counting from the day after the debtor's performance period expires. Article 10 A notarization institution shall handle the deposit business of currency, articles and securities. One of the following situations applies to escrow:
(1) The creditor refuses or delays receiving the debt object without justifiable reasons;
(2) the creditor is not in the place where the debt is performed and cannot collect it at the place where the debt is performed;
(three) the creditor is unknown, the address is unknown, or the heir is missing or dead, or the legal representative of the person without legal capacity is unknown;
(four) the creditor and the debtor agreed to pay in advance by escrow.