Notarization Law of the People's Republic of China
Notarization Law of the People's Republic of China
Notarization Law of the People's Republic of China
Order of the President [2005] No. 39
August 28, 2005
The Notarization Law of the People's Republic of China, which was adopted at the 17th meeting of the Standing Committee of the 10th National People's Congress of the People's Republic of China on August 28, 2005, is hereby promulgated and shall be in effect from March 1, 2006.
President of the People's Republic of China Hu Jintao
Notarization Law of the People's Republic of China
Contents
Chapter I General Provisions
Chapter II Notary Offices
Chapter III Notaries
Chapter IV Notarization Procedures
Chapter V Effect of Notarization
Chapter VI Legal Liabilities
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law was formulated with a view to regulate notarization activities, ensure that the notarization institutions and notaries perform their duties in accordance with the law, prevent disputes and protect the legitimate rights and interests of the natural persons, legal persons or other organizations.
Article 2 Notarization shall means an act performed by a notary office to certify the authenticity and legality of a civil juristic act, a fact of legal significance and a document in accordance with the statutory procedures upon the application of a party concerned.
Article 3 Notary offices shall abide by the law and adhere to the principle of objectiveness and impartiality when performing notary acts.
Article 4 China Notary Association shall be established as a national notary association and each province, autonomous region or municipality directly under the Central Government shall establish a local notary association. China Notary Association and the local notary associations shall be social organizations with legal personality. The constitution of China Notary Association shall be formulated by the general assembly of the representatives of its members and shall be filed with the judicial administrative department of the State Council for record.
The notary associations shall be self-disciplinary organizations of the notarization sector. They shall carry out notary activities according to the constitution and shall carry out supervision over the practice of the notary offices and notaries.
Article 5 The judicial administrative department shall supervise and guide the notary offices, notaries and notary associations in accordance with the Law.
Chapter II Notary Offices
Article 6 A notary office is a non-profit certified institution that is lawfully established and independently exercises the notary functions and bear corresponding civil liabilities.
Article 7 A notary office may, be established in a county, undistricted city, districted city, municipality directly under the Central Government or district directly under a city in accordance with the principle of overall planning and rational distribution. One or more notary office(s) may be established in a districted city or municipality directly under the Central Government. The notary offices shall not be established hierarchically according to the levels of administrative divisions.)>
Article 8 A to-be-established notary office shall satisfy the following requirements:
1. Having its own name;
2. Having a fixed place;
3. Having 2 or more notaries staffs; and
4. Having necessary funds to conduct notarization.
Article 9 Where a notary office is to be established, it shall be reported by the local judicial administrative department to the judicial administrative department of the province, autonomous region or municipality directly under the Central Government. Upon the approval granted by the judicial administrative department of the province, autonomous region or municipality directly under the Central Government, the local judicial administrative department shall issue a practicing certificate of notary office according to the prescribed procedures.)>
Article 10 The person-in-charge of a notary office shall be selected from the notaries who have 3 or more years of practicing experience, shall be subject to the examination and approval of the local judicial administrative department, and shall be reported to the judicial administrative department of the province, autonomous region or municipality directly under the Central Government for records.
Article 11 Upon request of a natural person, legal person or any other organization, the notary office shall perform notary acts for the following matters:
1.
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