Notary, Benxi City Approach

Original Language Title: 本溪市公证办法

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(Released September 5, 2002, Benxi City people's Government, the 95th) Chapter I General provisions article in order to regulate notarial acts, to strengthen legal supervision, prevention and reduction of disputes and safeguard national interests and the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the People's Republic of China interim regulations on Civil and the provisions of relevant laws and regulations, based on actual city, these measures are formulated.
    Second notary is mentioned in these measures refers to the State notary law proved legal and legally significant facts, activities of the authenticity and validity of the instrument.
    Article city, autonomous judicial Council is the competent organ of the notarial work within their respective administrative areas.
    Notaries in these measures refers to the legally established, qualified, unified State proved the right to specialized agencies.
    Article fourth notarial legalization shall safeguard the party's secret.
    Notary practice should respect the facts, compliance with national laws and practice discipline.
    Chapter II notary fifth and notary notary legalization independently according to law, other units and individuals shall not interfere.
    No affiliation between the notary.
    Article sixth notarial legalization must be handled directly by the notary.
    Notary means in accordance with the relevant provisions of the State qualified as a notary, notary public license, and in the presence of notary specializing in civil affairs professionals.
    Article seventh notarial institutions assume overall responsibility, the notarial officer must, by a notary qualified personnel.
    Chapter III civil jurisdiction article eighth domicile or legal facts occurred in the city's notary services, notary of the town's jurisdiction.
    Domicile of the parties is not in this city, but its habitual residence in this city, governed by the city's notary.
    Nineth involved civil notarization services relating to personal relations, the municipal notary or notarial Office jurisdiction of the domicile of the parties involving Hong Kong, Macao, Taiwan and foreign-related notary services, notarization institutions authorized to handle foreign-related notary business jurisdiction. Located in the city's real estate notary, the notary, notary or real property is located, by jurisdiction.
    But he is out of the city to make wills, power of Attorney, gift books, declarations except those involved in real estate in the city.
    Article tenth domestic adoption, inheritance, wills, gifts of notarization, notary, city, autonomous jurisdiction.
    11th adoptee's domicile in foreign adoptions in the city governed by the notary designated by the State judicial administrative organs.
    Domicile of the 12th different number of parties bid for the same notarial matters, must go to the notary to handle one of the domicile of the parties, with the exception of notarial matters shall not delegate to the outer, commissioned a client handle.
    13th more notaries are entitled to handle civil matters, the parties can select a notary application, accepted by the first notary to handle.
    14th a jurisdictional dispute between the notary and superiors by both agencies to the jurisdiction of the administration of Justice.
    The fourth chapter notarial 15th notary and notarial effectiveness according to the party's application for legalization.
    16th article following legal, and has legal meaning of facts and instruments, should handle notary: (a) land right of transfer, and transfer, and mortgage contract (Agreement); (ii) housing and other property of segmentation, and mortgage, and gift, and inherited contract (Agreement); (three) housing demolition of compensation, and placed agreement; (four) enterprise restructuring, and sold, and joint, and merger, and rental, and contracting, and auction, and shares cooperation, and equity sold, and claims debt settlement written contract (Agreement); (five) Division securities of inherited, and gift;
    (F) Enterprise labor relations of employees; (g) the public issue of lotteries lotteries, all kinds of activities according to law; (h) the loan contract, contract and mortgage contract of guarantee under the loan contract, pledge contracts; (IX) laws and regulations should be legalization of other matters. 17th article party can application notary institutions proved following legal: (a) except this approach 16th article provides of contract (contract), and agreement outside of other contract (contract) of made, and change and terminated; (ii) delegate, and will of established, and change and revoked; (three) adoption relationship of established and lifted, claimed parent-child; (four) accept, and gave up civil right of statement; (five) auction, and tender, and bid, and recruitment, and exam, and awards, competition behavior; (six) securities of issued, and listed, notes of endorsement, and
    Refuse acceptance (refusal to pay), and (VII) other legal act of establishment, change and termination. 18th article party can application notary institutions proved following has legal meaning of facts and instruments: (a) citizens, and corporate enjoys of civil right; (ii) civil capacity; (three) relatives relationship; (four) identity, and degree, and experience; (five) was born, and survival, and death, and health and live situation; (six) marriage status; (seven) whether trained criminal sanctions; (eight) corporate and the other organization of qualification, and articles, and statutory representative people qualification, corporate and the other organization of funding letter or business situation, claims debt situation, shoe
    Line debt of capacity, property of inventory,; (nine) insurance property of valuation and insurance responsibility range within loss value of determine; (10) force majeure event; (11) instruments, and documents of making date and the signature, and seal true; (12) instruments of copy, and abridged version, and translations, and copy this and original match; (13) Corporation, and limited responsibility company, and Sino-foreign joint venture, and foreign cooperation of articles, and contract and the personal partnership agreement; (14) Enterprise delegate personal in outside handle property registered registration of Attorney;
    (15) signed by Chinese citizens, foreign investors in the city to handle the establishment of foreign-funded enterprises applying for registration of orders, as well as foreign-funded enterprises entrust Chinese citizens for the power of Attorney of the legal representative of the enterprise (16) other facts and documents with legal significance.
    19th notary can also conduct client money, goods or securities deposit business.
    The Parties shall issue a currency, goods or securities deposited with a notary to handle, deemed to have fulfilled his obligation.
    20th a notary for the parties to go through the evidence preservation.
    21st article meet following conditions of by notary of claims instruments, debtor not perform obligations of, notary institutions can according to creditors of application, gives claims instruments forced implementation effectiveness: (a) to payment currency, and items, and securities for content of; (ii) party both claims, and debt relationship clear, on claims instruments provides of payment content no doubts of; (three) claims instruments in the debtor clear said not perform obligations Shi voluntary accept forced implementation of.
    Granted the effectiveness of enforcement of debt instruments, the creditor may, in accordance with the relevant provisions of the civil procedure law, apply to the court having jurisdiction to enforce, acceptance of the application the Court shall execute.
    Granted the effectiveness of enforcement of debt instruments is definitely incorrect, the people's Court shall rule against enforcement and service of the ruling parties and the notary.
    22nd notary has the power of law, should serve as the people's Court, arbitration, administrative organs for ascertaining the facts according to, but evidence to the contrary by the parties is sufficient to overturn legalization of except.
    Notary by a legal process shall not be changed or repealed.
    Article 23rd notary duties shall hold the judicial administrative organs of the State Council uniformly printed by the People's Republic of China notaries practising certificate.
    Notary with a valid travel document, relevant units and individuals the right to investigation and collecting evidence.
    Article 24th notarial legalization services in accordance with the criteria set out in relevant departments of the State payment of notary fees.
    Notarial matters designated by notary on legal aid body can reduce or waive the notarization fee.
    Fifth chapter legal responsibility 25th article notary institutions has following behavior one of of, by city judicial administrative organ be warning, has illegal proceeds of be confiscated, and can according to plot sentenced 2000 Yuan above 5000 Yuan following fine: (a) violation this approach jurisdiction provides handle notary business of; (ii) unauthorized improve or reduced notary charges standard handle notary business of; (three) violation provides of term delays handle notary, to party caused loss of; (four) graft, and misappropriated mention deposits, and real of.
    26th notary has one of the following acts, by city or District judicial administrative organs to give warning, stop practising for three months to one year or delaying registration a year in penalties: (a) no justification for refusing to accept an application for notarization; (b) the divulging secrets. 27th article notary Member has following behavior one of of, depending on its plot, by city, and District judicial administrative organ give stop practice industry three months to one years or delay registered one years of punishment; plot or consequences serious of, can recommends right to organ give revoked notary Member practice industry card, and cancellation notary Member qualification of punishment; has illegal proceeds of, should law be confiscated; constitute crime of, should transferred judicial organ law held criminal: (a) using handle notary of will seek illegal interests of; (ii) collusion notary applicants,
    Provides false evidence, and hide facts truth of; (three) violation provides issued notary caused serious consequences of; (four) take with notary institutions name privately issued notary book of; (five) misappropriation, and misappropriated mention deposits, and real or notary institutions custody of property of; (six) for notary applicants avoid legal advice of; (seven) and other notary Member mutual collusion, inspired handle illegal notary of; (eight) to various name to party rebate of. 28th due to error certificate issued by the notary at fault, or legalization of misconduct of losses caused to a citizen, legal person or other organization, compensation shall be.

    After the notary compensation shall be compensated by the notary at fault some or all of the costs.
    Article 29th provided false documents to defraud public, losses caused to a citizen, legal person or other organization, the notarial compensation after the loss of citizens, legal persons or other organizations are entitled to recourse against the party provides false materials. 30th judicial administrative organs in accordance with the measures of administrative penalty decision, it shall issue a written decision of administrative penalty.
    Citizens, legal persons or other organizations against the punishment decision may apply for reconsideration or bring an administrative lawsuit in accordance with law.
                                                                                                                          Sixth chapter supplementary articles article 31st these measures shall take effect on September 15, 2002.