Notarization of Huainan city approach
(December 24, 2009 Huainan municipal people's Government at the 39th Executive meeting on December 28, 2009, Huainan municipal people's Government, the 122th promulgated as of February 1, 2010) first to standardize the notarial activity, guarantee agencies and notaries perform their duties according to law, safeguarding legal rights of natural persons, legal persons or other organizations, promoting the development of civil industry, in accordance with the People's Republic of China civil law and other laws and regulations, combined with the city's actual, 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.
Article IV judicial administration according to law on notary, notaries and Notary Association of supervision and guidance.
Article fifth notary legalization, shall comply with laws, adhere to the principle of objective and impartial, to protect national interests, public interests and the legitimate rights and interests of the parties.
Article sixth according to the applications of natural persons, legal persons or other organizations, notarization of notarial offices for the following matters:
(C) the Attorney, statement, gifts and wills;
(D) the Division of property;
(E) the bidding and 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 signature and seal on the instrument, date, copies, photocopies and the original line of the instrument;
(10) property transfers, mortgages, leasing contract, the housing contract, hire purchase agreements;
(11) the natural persons, legal persons or other organizations to apply for other civil matters.
Article seventh following legalization should be:
(A) State-owned companies involved in a merger, transfer and equity contracts;
(B) contract with State-owned assets to provide security;
(C) State-owned construction land transfer activity and the signing of the contract;
(D) wholly or mainly used government funds construction, procurement of project bidding and contract signing;
(E) urban water supply, heat supply, gas supply, public transport, sewage treatment, garbage disposal and other municipal utilities franchising contracts;
(F) the unclear property rights, property rights are unaccounted for or House share the relocation compensation houses that cannot reach a consensus-minded process involved in the preservation of evidence;
(G) the law involved in forced demolitions housing preservation of evidence;
(H) law enforcement involved in demolishing the illegal building of the preservation of evidence;
(I) involved in land acquisition and relocation of house demolition compensation agreement and preservation of evidence;
(J) housing demolition administration escrow involved in demolition compensation settlement agreement and preservation of evidence;
(11) other matters stipulated by laws and administrative regulations.
Article eighth, based on applications of the natural persons, legal persons or other organizations, notaries can handle the following transactions:
(B) the provisions of laws and administrative regulations registered by the notary;
(C) the inventory of property, sealed samples;
(D) custody of will, estate or other property, articles or instruments relating to civil matters;
(E) provides legal advice, written with notarial matters relating to legal instruments;
(F) upon application of the parties, mediation contracts notarized in accordance with law (Agreement) dispute that occurred in the course of implementation;
(G) the laws, regulations and other legal matters.
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. Article tenth notary legalization process, to verify the right to civil matters, enquiries about the archives, information, assets, and so on, right to inspect physical evidence and inspection field.
Units or individuals concerned shall be given an assist.
11th the notarial legalization matters, should be notarized in accordance with standards approved by the price administrative departments charged fees to special hardship case applications for legalization, notarization fee appropriate relief.
12th Notary Law proof of the notary has the legal effect without going through statutory procedures may not be revoked. 13th through legal procedures, legalization of civil juristic acts, laws and instruments, should serve as the people's Court, arbitration, administrative organs for ascertaining the facts was based.
But there is evidence to the contrary, sufficient to overturn legalization of except.
Article 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 notary and notarial deed issued by the notary law, penalty shall be imposed by the municipal administration of justice sector constitutes a crime, criminal responsibility shall be investigated according to law.
Providing false evidence, notary fraudulently, the violator shall bear corresponding legal responsibility. 16th these measures shall come into force on February 1, 2010.