Notary Law of People's Republic of China (PRC)

Chapter I General Provisions Article 1 This Law is formulated for the purpose of regulating notarization activities, ensuring notaries and notaries to perform their duties according to law, preventing disputes and protecting the legitimate rights and interests of natural persons, legal persons or other organizations. Article 2 Notarization is an activity of a notary public to prove the authenticity and legality of civil legal acts, facts and documents with legal significance according to the application of natural persons, legal persons or other organizations and legal procedures. Article 3 A notarization institution shall abide by the law and adhere to the principles of objectivity and impartiality. Article 4 Chinese notary associations shall be established nationwide, and local notary associations shall be established in provinces, autonomous regions and municipalities directly under the Central Government. China Notary Association and local notary associations are social organizations and legal persons. The articles of association of China Notary Association shall be formulated by the members' congress and reported to the judicial administrative department of the State Council for the record.

The Notary Association is a self-regulatory organization in the notary industry, which carries out activities in accordance with its articles of association and supervises the practice activities of notaries and notaries. Article 5 The judicial administrative department shall, in accordance with the provisions of this Law, supervise and guide notarization institutions, notaries and notarization associations. Chapter II Notary Institution Article 6 A notary institution is a certification institution established in accordance with the law, which is not for profit, independently exercises the notarization function and bears civil liability according to law. Article 7 Notary offices may be established in counties, cities not divided into districts, cities divided into districts, municipalities directly under the Central Government and municipal districts in accordance with the principle of overall planning and rational layout. A city divided into districts and a municipality directly under the Central Government may set up one or more notary offices. Notary agencies are not established according to administrative divisions. Article 8 To establish a notarization institution, the following conditions shall be met:

(1) Having its own name;

(2) Having a fixed place;

(3) Having two or more notaries;

(4) Having the necessary funds to carry out notarization business. Article 9 The establishment of a notarization institution shall be reported by the local judicial administrative department to the judicial administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government for approval in accordance with the prescribed procedures, and the practicing certificate of the notarization institution shall be issued. Article 10 The person in charge of a notarization institution shall be selected from notaries with more than three years' practice experience, approved by the local judicial administrative department, and reported to the judicial administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government for the record. Eleventh according to the application of natural persons, legal persons or other organizations, a notarization institution shall handle the following notarization matters:

(1) Contract;

(2) inheritance;

(3) entrustment, declaration, gift and will;

(4) division of property;

(5) Bidding and auction;

(6) Marital status, kinship and adoption;

(seven) birth, survival, death, identity, experience, education, degree, position, title, whether there is a criminal record;

(8) Articles of association;

(9) Preserving evidence;

(ten) the signature, seal and date of the document, and the copy and photocopy of the document are consistent with the original;

(eleven) other notarization matters voluntarily applied by natural persons, legal persons or other organizations.

For matters that should be notarized according to laws and administrative regulations, the relevant natural persons, legal persons or other organizations shall apply to the notary office for notarization. Twelfth according to the application of natural persons, legal persons or other organizations, a notary public may handle the following matters:

(a) matters registered by a notary public as stipulated by laws and administrative regulations;

(2) escrow;

(3) Keeping wills, legacies or other property, articles and documents related to notarization;

(4) Writing legal documents related to notarization;

(5) Providing notarized legal opinions. Thirteenth notary public institutions shall not have the following acts:

(a) to issue a notarial certificate for untrue and illegal matters;

(2) Destroying or tampering with notarized documents or notarized files;

(3) Defaming other notaries and notaries or soliciting notarization business by paying kickbacks, commissions and other improper means;

(4) divulging state secrets, business secrets or personal privacy known in practice;

(five) in violation of the provisions of the standard fees charged notary fees;

(six) other acts prohibited by laws, regulations and the provisions of the judicial administrative department of the State Council. Article 14 A notarization institution shall establish management systems for business, finance and assets. Supervise the practice of notaries, and establish a system of accountability for professional faults. Fifteenth notary public institutions should participate in the notarization practice liability insurance. Chapter III Notaries Article 16 Notaries are practitioners who meet the requirements stipulated in this Law and engage in notarization business in notarization institutions. Article 17 The number of notaries shall be determined according to the needs of notarization business. The judicial administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, according to the needs of the establishment of notarization institutions and notarization business, verify the staffing plan of notaries and report it to the judicial administrative department of the State Council for the record. Eighteenth as a notary, shall meet the following conditions:

(1) Having China nationality;

(two) the age of twenty-five to sixty-five;

(three) fair and upright, law-abiding, good conduct;

(4) passing the national judicial examination;

(five) more than two years of internship in the notary office or more than three years of other legal professional experience and more than one year of internship in the notary office, and passed the examination.