Article 6 A notarial office is a lawfully established non-profit-making certification institution that independently exercises the notarial functions and bear corresponding civil liabilities.

Article 7 A notarial office may, in compliance with the principle of overall planning and reasonable distribution, be established in a county, undistricted city, districted city, municipality directly under the Central Government or district directly under a city. One or more notarial office(s) may be established in a districted city or municipality directly under the Central Government. The notarial offices are not established on different levels according to administrative hierarchy.

Article 8 A to-be-established notarial institution shall meet the following conditions:

(1)Having its own name;

(2)Having a fixed office;

(3)Having 2 or more notaries; and

(4)Having the fund necessary to carry out notarial work.

Article 9 Where a notarial 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. After the judicial administrative department of the province, autonomous region or municipality directly under the Central Government grants approval according to the prescribed procedures, the local judicial administrative department shall issue a practicing certificate of notarial office.

Article 10 The person-in-charge of a notarial office shall be selected or elected 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 archival purposes.

Article 11 Upon request of a natural person, legal person or any other organization, the notarial office shall performing notarial acts for the following matters:

(1) Contract;

(2)Inheritance;

(3)Authorization, declaration, bestowal, will;

(4)Distribution of property;

(5)Bidding and tendering, auction;

(6)Marriage status, kindred relationship, adoption relationship;

(7)Birth, existence, death, identity, experience, education background, degree, job title, professional technical title, having or not having illegal and criminal record;

(8)Articles of association;

(9)Preservation of evidence;

(10)Signature, seal and date as indicated in a document, duplicate or photocopy of a document conforming with the original document; and

(11)Other matters that a natural person, legal person or any other organization voluntarily requests for notarization.

As to any matter that shall be notarized under any law or administrative regulation, the relevant natural person, legal person or any other organization shall file a request with the notarial office for notarization.

Article 12 Upon the request of a natural person, legal person or any other organization, the notarial office may handle the following affairs:

(1)The affairs that shall be registered by a notarial office under any law or administrative regulation;

(2)Preservation of evidence;

(3)Preservation of will, heritage or other property, articles and documents relating to the notarization affair;

(4)Making legal documents relating to the notarization matter instead of others;

(5)Providing legal consultation services relating to notarization.

Article 13 No notarial office may:

(1)issue a notarial certificate for an untrue or illegal matter;

(2)destroy or fraudulently alter any notarial document or archive file;

(3)canvass notarial business by bespattering other notarial offices or notaries, or by paying kickbacks or commissions, or by any other unfair competition methods;

(4)divulge any state secret, commercial secrete or personal privacy it has access to in its practice;

(5)charge notarization fees by violating the prescribed standards; or

(6)commit any other act as prohibited by any law or regulation, or provisions of the judicial administrative department of the State Council.

Article 14 A notarial office shall work out rules for the management its business, financial affairs and assets, shall supervise the practices of its notaries and shall set up a responsibility system for wrong practices.

Article 15 The notarial institution shall buy notarial practice responsibility insurance.

 

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