Notary, Benxi City Approach

Original Language Title: 本溪市公证办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201110/20111000351874.shtml

Notary, Benxi City approach

    (April 22, 2011, 157th, Benxi City people's Government promulgated as of June 1, 2011) first to promote all-round economic and social development, safeguarding legal rights of natural persons, legal persons or other organizations, in accordance with the People's Republic of China civil law and other laws and regulations, based on actual city, these measures are formulated.

    Notarization in these measures in article, refers to the law of notary according to natural person, legal person or any other organization that applies, in accordance with the statutory procedures of civil juristic acts, legal facts and proof of the authenticity and validity of the instrument to be active.

    Article these measures apply to the notary within the administrative area of the city and its management activities.

    Fourth municipal judicial administrative departments shall conduct supervision and guidance of notarial activities. Fifth notarial legalization should abide by the law and upholding the principle of objective and impartial, to protect national interests, public interests and the legitimate interests of the parties.

    The municipal judicial administrative departments should organize the County (district) and relevant government departments for any notary advertising, notarial matters to the public scope, conditions and procedures for applying for legalization.

Sixth according to the applications of natural persons, legal persons or other organizations, notarization of notarial Office according to the following:

(A) contract;

(B) inheritance;

(C) the Attorney, statement, gifts and wills;

(D) the Division of property;

(E) the tendering and bidding, auctions;

(F) the marriage, kinship or adoption;

(G) the birth, life, death, identity, experience, academic degrees, posts, title, has no criminal record;

(H) the articles of Association;

(I) the preservation of evidence;

(J) the signature and seal on the instrument, date, copies, photocopies and the original line of the instrument;

    (11) the natural persons, legal persons or other organizations to apply for other civil matters.

Article seventh following legalization should be:

(A) the State owned enterprise mergers, transfers, joint, Contracting, joint-stock, stake transfer, inheritance, gift, credit debt contracts;

(B) economic contracts with State-owned assets to provide security;

(C) urban water supply, heat supply, gas supply, power supply, public transport, sewage treatment, garbage disposal and other municipal utilities franchising contracts;

(D) taxi operation rights transfer, the transfer of a contract;

(E) housing expropriation compensation and resettlement agreement;

(Vi) property rights transfer contract, donation, inheritance, housing, mortgages, warranties, contracts, hire purchase agreements, transfer of right to use publicly owned housing, public housing (including housing) the right to transfer, the public housing tenant changes, State-owned rental housing contract;

(G) the expropriation and compensation for expropriation of the real estate settlement agreement;

(VIII) to demolition of buildings, structures or other enforcement measures to preserve evidence;

(I) land, country, transfer of collective forest resources;

(J) housing, Provident Fund or other administrative payment rights of inheritance or donation;

(11) the State compensation agreement, petition the coordination of administrative mediation agreements and other agreements;

    (12) the laws, regulations and rules other matters required for notarization.

Article eighth, based on applications of the natural persons, legal persons or other organizations, notarization of notarial Office can apply for the following:

(A), money in escrow;

(B) the provisions of laws and administrative regulations registered by the notary;

(C) the inventory of property, sealed samples;

(D) the registered securities, certificates of deposit;

(E) the various types of debt instrument with a legal service;

(F) the custody of wills, estate or other property, articles or instruments relating to civil matters;

(G) the medical accidents and traffic accident compensation agreements;

(H) the pawn, auctioning and leasing contracts;

(I) the motor vehicle transfer, mortgage, lease, inheritance or gift contract;

(J) the right to mining, prospecting, the circulation of land use rights;

(11) the various banks, small loan companies loan and loan guarantee under the contract contract, pledge contracts;

(12) the Government invest in various types of contracts;

    (13) laws, regulations and other legal facts.

The Nineth party applying for notary, shall submit the following materials:

(A) the identity of the natural person, legal person qualification and proof of identity of the legal representative, heads of other organizations ' credentials and proof of identity;

(B) entrust others to apply, Attorney power of attorney shall be submitted to the parties, legal representative or other agent shall submit a proxy certificate;

(C) apply for notarial instrument;

(D) documentation of applications for civil matters involving property shall submit the certificate of property rights;

    (E) with other materials in applications related to notarial matters. Tenth notarial legalization process, shall verify the notarial matters, enquiries about the archives, information, assets, and so on, the right to inspect the material evidence and examining the site, units or individuals concerned shall be given an assist.

    Sick persons applying for notarization, notary notary should be provided door-to-door service.

    11th the notarial legalization matters, should be notarized in accordance with standards approved by the price administrative departments charged fees meets the conditions of policy holders, permits persons with disabilities special hardship case applications for notary, notarization of waiver fees in accordance with the relevant regulations.

    12th Notary Law proof of the notary has the legal effect without going through statutory procedures may not be revoked. 13th under this approach the seventh article should be matters of legalization, notary from the date of receipt of a notarized request certificates issued within 5 working days. Notarial legalization needs according to the relevant Department, presence of notary synchronization handling civil matters.

    Legalization of civil juristic act through legal procedures, legal facts and documents, as the basis for ascertaining the facts, but there is evidence to the contrary, sufficient to overturn legalization of excepted.

14th debt instrument with a compulsory execution effect of notary, shall comply with the following conditions:

(A) debt instruments for payment of money, goods or marketable securities for the content;

(B) the debt clear instruments relating to payment of the claims of creditors and debtors doubt;

(C) the claims contained in the instrument when the debtor does not fulfill or improper fulfilment of obligations, debtors are willing to accept enforceable commitments; (D) other conditions prescribed by law.

    Certified to pay for content and specify the debtor is willing to accept debt instruments to enforce the commitments, the obligor fails to perform or carry out inappropriate, the creditor may apply to the court having jurisdiction according to law enforcement.

    15th disobey the seventh article, should be for notarization is not legalization, by the competent department or Ministry departments directly responsible for administrative sanctions, in serious cases, causing great economic losses, criminal responsibility shall be investigated according to law.

16th notary and notary has one of the following acts, the municipal judicial administrative departments shall issue a warning in serious cases, notaries penalty of between 50,000 yuan and 10,000 yuan, the notary between 5000 and 1000 Yuan fine, and can give more than 3 months to 6 months of age to stop practising penalties; has illegally obtained, confiscation illegal obtained:

(A) to denigrate other notary, notary, or by paying kickbacks, commissions and other improper means of vying for notarial services;

(B) violation of prescribed fees payment of notary fees;

(C) simultaneously in two or more notarial practice;

(D) engage in other paid job;

(E) to legalization or his close relatives handle the notarization of the relationship with his close relatives ' interests;

    (F) in accordance with the laws, administrative rules and regulations, shall be penalized by other acts. 17th article notary institutions and notary Member has following behavior one of of, by city judicial administrative sector on notary institutions give warning, and at 20,000 yuan above 100,000 yuan following fine, and can give 1 months above 3 months following closed reorganization of punishment; on notary Member give warning, and at 2000 Yuan above 10,000 yuan following fine, and can give 3 months above 12 months following stop practice industry of punishment; has illegal proceeds of, confiscated illegal proceeds; plot serious of, by city judicial administrative sector revoked notary Member practice industry certificate

Constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) without issuing a notarial;

(B) are not real, legitimate matters issued by the notary;

(C) to embezzle or notarization of notarial fees or embezzlement, theft of special items;

(D) damage or tamper with the notarial instrument or notarial archives;

(E) leak in practice knows State secrets, business secrets or individual privacy; (F) in accordance with the laws, administrative rules and regulations, shall be penalized by other acts.

    Criminal punishment for an intentional crime or negligence of duty crimes, notary practising certificate shall be revoked.

18th notary and notary at fault parties, civil matters the interested party losses, corresponding compensation liability of notaries; notarial compensation may have recourse against the intentional misconduct or gross negligence of the notary.

    The interested parties, civil matters and notarial compensation dispute, may bring a civil action.

19th, parties, and other individuals or organizations with the following acts, cause damage to others shall bear civil liability; violations of the administration of public security shall be given administrative penalties for public security constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) provide false documentation, notarial fraudulently;

(B) use of false notary engaged in fraudulent activities;

    (C) the sale of forged, altered, or forged or altered certificate, notary seals. 20th the measures as of June 1, 2011, released on September 5, 2002 of the civil way, Benxi City (city, 95th) repealed simultaneously.