Measures of Benxi Municipality on Notarization

Chapter I General Provisions Article 1 In order to standardize notarization, strengthen legal supervision, prevent and reduce disputes, and safeguard the national interests and the legitimate rights and interests of citizens, legal persons and other organizations, these Measures are formulated in accordance with the Provisional Regulations on Notarization in People's Republic of China (PRC) and relevant laws and regulations, and combined with the actual situation of our city. Article 2 Notarization as mentioned in these Measures refers to the activities of the state notary organs to prove the authenticity and legality of legal acts and facts and documents with legal significance according to law. Article 3 The judicial bureaus of cities and autonomous counties are the competent authorities of notarization work within their respective administrative areas.

The term "notarization institution" as mentioned in these Measures refers to a specialized institution established according to law, with corresponding qualifications, and uniformly exercising the right of national certification. Article 4 A notarization institution shall keep secrets for the parties handling notarization affairs according to law.

Notaries should respect facts and abide by national laws and practice discipline. Chapter II Notary Institutions and Notaries Article 5 Notary institutions independently handle notarization according to law, and no other unit or individual may interfere.

There is no subordinate relationship between notarization institutions. Article 6 Notary offices must be notarized directly by notaries.

Notary refers to a legal professional who has obtained the qualification of notary in accordance with the relevant provisions of the state, holds a notarial practice certificate and specializes in notarization affairs in a notary office. Article 7 A notary office shall implement the director responsibility system, and the director of the notary office must be a person with the qualification of a notary. Chapter III Jurisdiction of Notarization Article 8 Notarization affairs in this Municipality shall be under the jurisdiction of the notary office in this Municipality where the parties have their domicile or where legal facts occur.

If the domicile of the party is not in this city, but the habitual residence is in this city, it may be under the jurisdiction of the notary office of this city. Article 9 Civil notarization affairs involving the personal relationship of the parties shall be under the jurisdiction of the municipal notary office or the district notary office where the parties reside; Foreign-related, Hong Kong, Macao and Taiwan-related notarization affairs shall be under the jurisdiction of the notary office that has the right to handle foreign-related notarization.

The notarization of real estate located in this city is under the jurisdiction of the municipal notary office or the notary office where the real estate is located. But the wills, power of attorney, gifts and statements made by the parties who are not in this city have nothing to do with the real estate in this city. Article 10 The notarization of domestic adoption, inheritance, wills and gifts shall be under the jurisdiction of the municipal and autonomous county notarization institutions. Article 11 Foreign-related adoptions of the adoptee's domicile in this Municipality shall be under the jurisdiction of the notary office designated by the state judicial administrative organ. Article 12 Where parties with different domiciles apply for the same notarization, they must go to the notarization institution at the domicile of one party, and they may entrust one party to handle notarization matters on their behalf, except those that may not be entrusted. Thirteenth notarial matters that two or more notarial institutions have the right to handle, the parties may choose to apply to one of the notarial institutions, and the first notarization institution shall handle them. Article 14 In case of disputes over jurisdiction between notarization institutions, the jurisdiction shall be designated by the judicial administrative organ at the higher level of both parties. Chapter IV Notarization Business and Notarization Effectiveness Article 15 A notarization institution shall handle notarization affairs according to the application of the parties. Article 16 The following legal acts, facts and documents with legal significance shall be notarized:

(1) Contracts (agreements) for assignment, transfer and mortgage of land use rights;

(2) Contracts (agreements) for the division, mortgage, donation and inheritance of houses and other property;

(3) Agreement on compensation and resettlement for house demolition;

(4) Written contracts (agreements) for enterprise reorganization, sale, association, merger, lease, contracting, auction, stock cooperation, equity sale and liquidation of creditor's rights and debts;

(5) Inheritance and donation of registered securities;

(6) Terminating the labor relations of enterprise employees;

(seven) the activities of issuing lottery tickets and all kinds of lottery tickets to the society according to law;

(8) Loan contract, guarantee contract, mortgage contract and pledge contract under the loan contract;

(nine) other matters that should be notarized as stipulated by laws and regulations. Seventeenth parties may apply to a notary public to prove the following legal acts:

(a) the conclusion, modification and termination of contracts (contracts) other than those stipulated in Article 16 of these Measures;

(2) Establishment, alteration and revocation of entrustment and will;

(three) the establishment and dissolution of the adoption relationship, as well as the claim of parent-child relationship;

(4) A statement of acceptance or waiver of civil rights;

(five) auction, bidding, bidding, recruitment, examination, awards and other competitive acts;

(6) issuance and listing of securities, endorsement of bills and refusal to accept (refusal to pay);

(seven) the establishment, alteration and termination of other legal acts. Eighteenth parties may apply to the notary office to prove the following facts and documents with legal significance:

(1) Civil rights enjoyed by citizens and legal persons;

(2) Capacity for civil conduct;

(3) kinship;

(4) Identity, education and experience;

(5) Birth, survival, death, health and residence;

(6) marital status;

(seven) whether he has been subjected to criminal punishment;

(eight) the qualifications, articles of association and legal representative qualifications of legal persons and other organizations, the credit or business situation of legal persons and other organizations, creditor's rights and debts, debt performance ability and property list, etc ... ;

(9) Valuation of the insured property and determination of the loss value within the scope of insurance liability;

(10) force majeure event;

(eleven) whether the date of production and the signature and seal of the documents and certificates are true;

(twelve) copies, abridged versions, translations and photocopies of documents are consistent with the original;

Articles of association, contracts and individual partnership agreements of joint stock limited companies, limited liability companies, Chinese-foreign joint ventures and Chinese-foreign cooperative enterprises;

(fourteen) the power of attorney for the enterprise to entrust an individual to handle the registration of overseas property rights;

(15) The power of attorney signed by foreign investors in this Municipality authorizing China citizens to handle the application for registration of the establishment of foreign-invested enterprises on their behalf, and the power of attorney that foreign-invested enterprises entrust China citizens as legal representatives;

(sixteen) other facts and documents of legal significance.