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Notary, Benxi City Approach

Original Language Title: 本溪市公证办法

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(Act No. 95 of 5 September 2002 by the People's Government Order No. 95)

Chapter I General
Article I, in order to regulate the conduct of public evidence, strengthen legal oversight, prevent and reduce disputes, preserve the legitimate rights and interests of national interests and citizens, legal persons and other organizations, develop this approach in line with the provisions of the Provisional Regulations of the People's Republic of China and the relevant laws, regulations and regulations.
Article 2 refers to the public evidence referred to in this approach to the activities of the State's public accreditation body to demonstrate legal conduct and legal significance, the authenticity and legitimacy of the instrument.
Article 3. The Municipal, Self-Governmental District Judicial Bureau is the competent authority for the conduct of public evidence in the present administration.
The public accreditation body referred to in this approach refers to the establishment of the law, with corresponding qualifications and the harmonization of specialized agencies exercising the right to State proof.
Article IV shall govern the secret of the parties in accordance with the law.
The ruling of the licensor should respect the facts and adhere to national laws and disciplines.
Chapter II
Article 5
There is no subordinate relationship between the public evidence body.
Article 6.
The licensor refers to the acquisition of a licensor in accordance with the relevant provisions of the State, the possession of a licensor's certificate, and the specialized legal professionals involved in the conduct of public accreditation services in the public legal profession.
Article 7.
Chapter III
Article 8
The place of residence of the party is not in the city, but its regular residence in the city may be governed by the public accreditation body of the city.
Article 9 deals with civil legal matters relating to the personal relationship of the parties, which are governed by the municipal legal body or by the territorial public legal body of the party's residence; with respect to ports, aucasca and foreign-related matters, subject to the jurisdiction of the public accreditation body competent to deal with the outside-document operation.
The location is governed by public certificates of immovable property in this city, either by the municipal legal body or by the public certificate body at the location of the immovable property. However, the parties do not have the will of the present city, the letter of entrustment, the grant and the statement relate to the immovable property of the city.
Article 10
Article 11. External adoption by the adoptor's place of residence in this city is governed by a public accreditation body appointed by the State administration of justice.
Article 12. A number of parties in the home have jointly raised the same issue of public evidence, which must be handled by a public certificate in the place of the party's residence and, with the exception of the non-pervisory matters, a party may be entrusted to do so.
Article 13 has the power to deal with matters of public evidence, and the parties may choose to apply to one of the first-served public accreditation bodies.
Article 14.
Chapter IV
Article 15. The institution of public evidence is governed by the application of the parties.
The following legal acts, facts and instruments of legal significance should be made public evidence:
(i) Location, transfer, mortgage contracts (agreement);
(ii) Separation, mortgage, grant and succession contracts for homes and other property (agreement);
(iii) Compensation and resettlement agreements for house demolitions;
(iv) Business restructuring, sale, joint, and merger, lease, contract, auction, value cooperation, sale of equity rights, written contract for the liquidation of claims (agreement);
(v) Success, gifts and gifts of a price securities;
(vi) Explore labour relations among business workers;
(vii) Discrement and various vouchers to society by law;
(viii) borrowing contracts, guaranteed contracts under borrowing contracts, mortgage contracts, and quality contracts;
(ix) Other matters of public evidence should be handled by law, legislation and regulations.
Article 17 The parties may apply to the public accreditation body for the following legal acts:
(i) The conclusion, modification and termination of contracts other than those provided for in article 16 of this scheme;
(ii) Authorization, change and withdrawal of the will;
(iii) The establishment and removal of the adoption relationship and the recognition of the parent;
(iv) A declaration of acceptance, abandonment of civil rights;
(v) Competition practices such as auctions, tenders, recruitment, examinations and awards;
(vi) Issuance of price securities, access to the market, a statement of origin, refusal to pay;
(vii) Establishment, change and termination of other legal acts.
Article 18 The parties may apply to the public accreditation body to substantiate the facts and instruments of legal significance:
(i) Civil rights enjoyed by citizens, legal persons;
(ii) Civil conduct capacity;
(iii) Family relations;
(iv) Identification, education, experience;
(v) The situation of birth, survival, death, health and residence;
(vi) The status of marriage;
(vii) Have been criminalized;
(viii) The qualifications, constitutions, statutory representation, the qualifications of legal persons and other organizations, the qualifications or operation of legal persons and other organizations, the debt situation, the ability to fulfil their obligations and the inventory of property;
(ix) Determination of the value of losses in the context of the valuation and insurance liability of the insurance property;
(x) Force majeure;
(xi) Instruments, date of production of documents and signatures, authenticity;
(xii) Copies of the instrument, sections, translations and reproduction in line with the original;
(xiii) Shares Ltd, limited liability companies, charters for joint and external cooperation, contracts and personal partnership agreements;
(xiv) Business entrusts individuals with registering property rights outside the country;
(xv) Authorization of Chinese citizens by foreign investors in the city for the registration of applications for the establishment of foreign-in-country enterprises, as well as the authorization of Chinese citizens to represent that enterprise;
(xvi) Other relevant facts and instruments.
Article 19 may be the subject of currency, goods or possession of securities.
The parties shall give the money, goods or the value of the securities to be deposited in the public evidence body as having fulfilled their obligations.
Article 20 may be preserved by the author.
Article 21, in accordance with a public-documented claim instrument, the debtor is not in a position to perform its obligations, and the public certificate body may, upon application of the creditor, give enforcement effect to the creditor instrument:
(i) The payment of money, goods and value securities;
(ii) The parties' claims, the relationship of debt, and the content of the payments provided by the creditor instrument is undoubtedly clear;
(iii) In the claim instrument, the debtor clearly stated that it was voluntarily enforced when the obligation was not fulfilled.
The secured creditor may apply for enforcement of the jurisdictional People's Court, in accordance with the relevant provisions of the Code of Civil Procedure, and the People's Court for which the application is admissible should be implemented.
The creditor instrument giving effect to enforcement is erroneous, and the People's Court should decide not to be implemented, and the decision will be delivered to both parties and to the public evidence body.
The second article, which has legal certainty, should be based on the facts as determined by the People's Court, the arbitral body, the administrative body, unless the parties concerned have provided the contrary evidence sufficient to overturn the evidence.
Public certificates are not subject to change or cancellation by a statutory procedure.
In carrying out their duties, the licensor of the People's Republic of China shall be in possession of the Judicial Administration of the State.
The licensor has an effective document entitled to investigate the evidence to the relevant units and individuals.
Article 24
The issue of public certificates assigned by legal aid institutions may be reduced or exempted from the receipt of the evidence.
Chapter V Legal responsibility
Article 25 is one of the following acts by the Public Prosecutor's Office, which is warned by the municipal administration of justice, with the confiscation of proceeds of the violation, and may be fined by more than 5,000 dollars in accordance with circumstances:
(i) In violation of the provisions of this approach, the conduct of public evidence operations;
(ii) Excellence to increase or reduce the standard of public evidence-based fees for the conduct of public-cert operations;
(iii) The delay in the processing of public evidence in violation of the provisions, resulting in losses to the parties;
(iv) Corruption, misappropriation of deposits and goods.
Article 26 is one of the following acts by a licensor, which is warned by the municipal, regional judicial organs, ceases to operate for a period of three months to one year or extends the penalty for the registration of one year:
(i) No reasonable grounds to reject the application of a notice;
(ii) Disclosure of the secrets of the parties.
Article 27 contains one of the following acts, depending on the circumstances in which the municipal, regional judicial organs are granted the cessation of the operation for a period of three months to one year or a suspension of the registration of one year; the circumstances or the consequences of a serious nature may recommend that the authority be granted the authority to grant the suspension of the award of the licensor, the qualification of the licensor; the proceeds of the violation should be confiscated by law; and the commission of an offence shall be transferred to the judiciary to be criminalized by law:
(i) The use of public evidence to profit from unlawful interests;
(ii) A collusion of evidence applicants providing false evidence and concealing facts;
(iii) The grave consequences of the violation of the provision of a certificate;
(iv) To take advantage of a private certificate in the name of a public certificate;
(v) Expropriation, misappropriation of deposits, goods or property held by public accreditation bodies;
(vi) Accreditation applicant's circumvention of the law;
(vii) Contrary with other licensors to conduct legal certificates;
(viii) Reducting the parties on various occasions.
Article 28 should be compensated in accordance with the law by reason of fault of a public certificate or inappropriate conduct of a public certificate, resulting in loss to citizens, legal persons or other organizations.
After the compensation of the public evidence agency, the portion of the compensation of the wrongly licensor or the full costs should be borne by the dulynch.
Article 29 provides parties with false evidence that the material is fraudulent, causing losses to citizens, legal persons or other organizations, and the public witness body has the right to seek compensation to the parties providing false material upon their loss.
Article 33 Decisions on administrative penalties made by the judicial administration in accordance with this scheme shall be issued with administrative penalties. Civil, legal or other organizations may apply for review or administrative proceedings in accordance with the law.
Annex VI
Article 31 of this approach is implemented effective 15 September 2002.