City, district (county) judicial administrative department is the competent authority of notarization work, responsible for the management of notarization work within their respective administrative areas. Article 3 A notarization institution shall, according to the provisions and facts of laws and regulations and the application of the parties, prove the authenticity and legality of legal acts, facts and documents with legal significance in accordance with the law, and handle other legal affairs related to notarization. Article 4 A notarial certificate issued by a notary office must be handled by a notary.
A notary shall be a professional who meets the requirements stipulated by the state, has obtained the qualification through examination (assessment), holds a notarial practice certificate, and engages in notarization business in the notary office. Chapter II Notarization Business Article 5 A notary office shall prove the authenticity and legality of the following legal acts or facts and documents with legal significance according to law:
(1) The conclusion, modification and termination of contracts and agreements;
(2) Donation, division, mortgage, paid transfer and entrustment of property;
(3) Inheritance rights and wills;
(4) kinship and adoption;
(5) Birth, survival, death and marital status;
(6) Identity, educational background and experience;
(7) Creditor's rights and debts;
(8) Force majeure events;
(9) Legal person qualification, articles of association, credit standing and property status;
(10) Copies, abridged versions, translations and photocopies of documents are consistent with the originals;
(eleven) whether the date of production and the signature and seal of the documents and certificates are true;
(twelve) other acts, facts and documents of legal significance. Article 6 For the following legal acts or facts and documents with legal significance, the parties concerned shall apply to a notarization institution for notarization:
(a) contracts for the sale, transfer and mortgage of real estate such as houses, and lease contracts for operating houses;
(2) Pre-sale and mortgage contracts for commercial housing;
(3) A loan contract secured by guarantee, mortgage or pledge;
(four) bidding activities and construction and installation contracts for large and medium-sized projects and key construction projects;
(five) legal documents formed in the process of leasing, custody, acquisition, merger, bankruptcy and reorganization, joint-stock system, joint-stock cooperative system, listing activities and enterprise restructuring;
(six) the activities of drawing lots on the application forms for stock subscription approved by the state and issuing various lottery tickets and lotteries to the society;
(7) Valuation of the insured property and determination of the insured loss;
(8) Contracts for lease, assignment, transfer and mortgage of land use rights;
(nine) the demolition and resettlement, compensation agreement and evidence preservation of private houses, houses entrusted according to law, houses with property rights disputes and public houses directly managed by the state;
(10) Inheritance, donation and mortgage of stocks;
(eleven) the relevant agreements signed between the personnel sent abroad for study, training and further study and the selected units;
(12) Tendering and auction activities such as factories, shops, urban bus lines, cultural and entertainment venues, market stalls, bulk materials of enterprises, property confiscated by law enforcement agencies, cultural relics and antiques;
(thirteen) the acts and documents agreed by the parties must be notarized before they can take effect;
(fourteen) other matters that should be notarized as stipulated by laws, regulations and rules. Article 7 A notarization institution may handle the following legal affairs related to notarization:
(a) property list, sealed samples;
(2) Preserving wills and other documents;
(three) mediation of disputes arising from the performance of notarization contracts and agreements;
(4) evidence preservation;
(five) writing legal documents and answering legal advice.
(6) Notarization matters that can be handled according to laws and regulations. Article 8 When the debtor fails to perform his obligations, the notary office may give the creditor's rights documents compulsory execution effect upon the application of the creditor, and the creditor shall apply to the people's court with jurisdiction for compulsory execution:
(a) Pay a certain amount of money, goods or securities;
(2) The debtor fails to perform the payment obligation on schedule;
(3) The creditor's rights documents indicate that the debtor voluntarily accepts enforcement when it fails to perform its obligations;
(4) The document has been notarized.
The time limit for the creditor to request the notarization institution to give the creditor's rights documents compulsory enforcement effect is six months. Article 9 A notarization institution may handle the deposit business of money, articles and securities. The deposit is applicable to any of the following situations:
(1) The creditor refuses or delays the delivery of the subject matter without justifiable reasons.
(2) the creditor is not in the place where the debt is performed and cannot collect it at the place where the debt is performed;
(3) The creditor's whereabouts are unknown or for other reasons, which makes the debtor unable to perform his debts;
(four) the creditor and the debtor agreed to pay in advance by escrow.
After handling the notarization of deposit, it is deemed that the debtor has fulfilled the obligation to pay.