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Notary, Benxi City Approach

Original Language Title: 本溪市公证办法

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Means of public evidence in the city

(Act dated 1 June 2011)

Article 1 protects the legitimate rights and interests of natural persons, legal persons or other organizations in order to develop this approach in the light of the laws, regulations and regulations, such as the People's Republic of China Act.

Article 2 refers to the activities established by law by a public certificate body in accordance with the application of natural persons, legal persons or other organizations, in accordance with the statutory procedure for civil legal acts, facts of legal significance and authenticity of instruments.

Article 3. This approach applies to the public evidence and its management activities in the administrative areas of my city.

Article IV. The executive branch of the municipal administration oversees and directs the activities of public evidence.

Article 5 shall be subject to the law, uphold the principle of objectivity and impartiality, preserve the interests of the State, the public interest and the legitimate interests of the parties. The municipal administration of justice should organize public awareness campaigns in the district (zone) government and the relevant departments, apply for the processing of public evidence and procedures.

In accordance with the application of natural persons, legal persons or other organizations, the public accreditation body shall conduct the following legal evidence:

(i) Contracts;

(ii) Success;

(iii) Authorization, declaration, grant and will;

(iv) Separation of property;

(v) To solicitation, tenders, auctions;

(vi) The status of marriage, the relationship of relatives and adoption;

(vii) Birth, survival, death, identity, experience, education, degree, place of office, non-compliance;

(viii) Corporate statutes;

(ix) To preserve evidence;

(x) A signatory to the instrument, accreditation, date, a copy of the instrument, a photocopy, which was previously in line with;

(xi) Other matters of public evidence requested by natural, legal or other organizations.

Article 7: The following matters shall be governed by public evidence:

(i) State-owned enterprises, transfers, joint, contracted operations, equity cooperation, equity transfer, equity inheritance, grant and debt liquidation contracts;

(ii) Provide security economic contracts with State assets;

(iii) Municipal utilities concession contracts such as urban water supply, heating, heating, electricity, public transport, sewage treatment, garbage handling;

(iv) The right to rent and transfer a change contract;

(v) Reimbursement and resettlement agreements for homes;

(vi) Transfer of property rights, grant and inheritance, housing pre-sold contracts, home mortgages, security contracts, sub-payment agreements, transfer of public housing rights, public housing (including integral rental housing) and use of remunerated transfers, changes in public housing tenants, rental contracts for State buildings;

(vii) An agreement on compensation for the use of immovable property;

(viii) To dismantle the evidence of buildings, construction or other coercive measures by law;

(ix) The right of land contracting to operate, national and collective forest resource flows;

(x) Succession, grant and benefit from housing subsidies, public payments or other entitlements with administrative payments;

(xi) The National Compensation Agreement, the Monitoring Coordination Agreement and other administrative mediation agreements;

(xii) Other matters of public evidence should be governed by laws, regulations and regulations.

Article 8. In accordance with the application of natural persons, legal persons or other organizations, the public witness body may conduct the following public evidence:

(i) Goods, currency deposits;

(ii) Laws, administrative regulations stipulate matters registered by a public accreditation body;

(iii) Clearing property and sealing samples;

(iv) Accused securities and a store;

(v) The various legal instruments of claims are delivered;

(vi) Maintenance of the will, heritage or other property, goods, instruments and instruments relating to matters of public evidence;

(vii) Medical accidents and transportation compensation agreements;

(viii) Athens, auctions and lease contracts;

(ix) Transfer, mortgage, lease, inheritance, grant and contract for motor vehicles;

(x) The transfer of mining rights, prospecting and land use rights;

(xi) Guarantee contracts, quality contracts under various banks, microfinance companies borrowing contracts and borrowing contracts;

(xii) Various types of contracts in Government investment;

(xiii) Other legal facts under the law, regulations.

Article 9. The parties shall submit the following materials:

(i) The identity of a natural person confirms that a legal person's qualifications certificate and his legal representative's status certificate of eligibility for other organizations and their identity as proof of its head;

(ii) To entrust the other person with his or her application, the agent is required to submit a letter of authorization to the party, the legal agent or other agent must submit proof of the right of representation;

(iii) To apply for instruments of public evidence;

(iv) An evidentiary material for the application of a public certificate covering property relations to be submitted to the property rights certificate;

(v) Other material relating to the application of public evidence.

In the course of the conduct of public evidence, the public evidence body shall verify the matter of public evidence, search the relevant archives, information, assets, etc., have the right to test the material, survey sites, and the relevant units or individuals shall cooperate in accordance with the law. The hurdles apply for fair testimony, and the institutions should provide public evidence services.

Article 11. The issue of public evidence shall be charged with the payment of public evidence in accordance with the criteria approved by the price administration; the application of a public certificate for persons with a disability certificate, in accordance with the relevant provisions.

Article 12. The public certificates issued by the institution are legally valid and shall not be revoked without the statutory procedure.

In accordance with Article 7 of this approach, the institution of a public certificate has been issued within five working days from the date of receipt of a request for a certificate. The public-ccreditation body may proceed in parallel with the issue of public evidence based on the needs of the relevant departments. Civil legal acts, legal facts and instruments, as evidenced by the statutory procedures, should be used as a basis for the determination of the facts, except for the contrary evidence sufficient to overturn the evidence.

Article 14. The public evidence of an enforceable claim instrument shall be in accordance with the following conditions:

(i) The value of the claim instrument in terms of payments, goods or securities;

(ii) A clear relationship between creditor and debtors with respect to the content of the claim instrument;

(iii) In the claim instrument, the debtor is willing to accept the commitment to enforcement when the debtor does not perform or fails to discharge due diligence;

(iv) Other conditions under the law. The award was made to cover the payment and set out the debtor's willingness to accept the enforcement commitment, the debtor did not perform or was inappropriate, and the creditor could apply enforcement in accordance with the law to the competent People's Court.

Article 15, in violation of article 7 of the present approach, provides that matters of public evidence should be handled without a legal certificate, and administrative disposition by a superior authority or the inspectorate of a person directly responsible, in serious circumstances, causing huge economic losses and criminal liability by law.

Article 16 contains one of the following acts by the public witness body and its licensor, which is warned by the municipal administration of justice; serious circumstances, fines of more than 50,000 dollars in the Office of the Public Prosecutor, fines up to 5,000 dollars in the Principality and may be granted the penalties for the termination of the operation for more than three months; proceeds of the violation and confiscation of proceeds of the offence:

(i) Condition of other public accreditation bodies, public prosecutors or disbursed, domestic workers, etc.;

(ii) The payment of public evidence fees in violation of the prescribed fees;

(iii) At the same time, in the exercise of the executive branch of the two bodies;

(iv) Other occupations with pay;

(v) To conduct public certificates for themselves and close relatives or to conduct public certificates that are in the interest of themselves and close relatives;

(vi) Other acts punishable by law, administrative regulations.

Article 17 is one of the following acts by the Public Prosecutor and his/her licensor, which is warned by the municipal administration of justice of the institution of public evidence and fines of more than 20,000 yen and may be granted the penalties for the suspension of the operation for more than three months; the warning of the licensor and a fine of up to 1 million yen in 2000 and may be granted the penalties for the suspension of the operation for more than three months; the confiscation of proceeds of the offence; and the suspension of the judicial certificate, which constitutes a criminal liability under the law;

(i) Private self-creditation;

(ii) Accreditation for non-very and non-legal matters;

(iii) Expropriation, misappropriation or appropriation, theft of specialized items;

(iv) Disadvantages, falsifications or public documents files;

(v) Disclosure of State secrets, commercial secrets or personal privacy known in the operation;

(vi) Other acts punishable by law, administrative regulations. The certificate of conduct of the licensor should be revoked due to the intentional offence or the criminal punishment of an offence.

Article 18, the public witness body and its licensor may claim compensation to a licensor with intentional or gross negligence, for the loss of the benefit of the party, the licensor.

The parties, the jurists of public evidence matters and the public accreditation body may initiate civil proceedings before the People's Court for damages.

Article 19: The parties and other individuals or organizations have one of the following acts, causing losses to others and assume civil responsibility under the law; punishes the security sector in violation of the management of the security sector; constitutes a criminal offence punishable by law:

(i) Provision of false proof materials to deceive the certificate;

(ii) Use of false certificates for fraudulent activities;

(iii) Fering, transforming or selling falsified, converted public certificates, and seals of public evidence institutions.

Article 20 of this approach has been implemented since 1 June 2011, and the archaeological Order of the stream (No. 95 of the Municipal Government Order) issued on 5 September 2002.