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Notarization in China

Ⅰ、The scope of service
The service scope of the notary public: A notary public is authorized by state, in accordance with the relevant laws and regulations to transact the notarization for legal matters. China's "Provisional Regulations on Notarization" have 14 items of basic business for notary public. With the further development of market economy and gradually expand the opening to the outside world; our scope of business of a notary public is also constantly expanding. To sum up, our business scope of a notary public can be divided into the following sections:

  1、Prove legal acts
Legal act: refers to establish, change, termination of legal rights and obligations citizens among citizens, artificial person or other organizations. The proof of Legal acts is one of the most basic and important business for notary public. Common legal acts mainly in the following several
(1)All kinds of economic contracts: mainly including a contract of house selling, a variety of leases, contracts, loan contracts, mortgage contracts, share, equipment, technology transfer contracts ;
(2)All kinds of civil agreement: Such as bestow on, property division, pre-marital property agreement, compensation, non-governmental loans, alimony, bequests agreement and so on;
(3)Adoption and paternity claim;
(4)Inherit;
(5)A variety of unilateral legal acts: such as wills, commission, bestowal, statement, promise, etc;
(6)Including filed activities for special people or general people. Such as public bidding, auction, drawing, etc;

  2、To prove the fact with legal significance
The fact with legal significance: refers to apart from the legal acts of the parties, the objective facts which were influenced by establishing, changing, and terminating legal relations. There are facts with legal significance certified by a notary public:
(1)Legal events: such as birth, death, force majeure, natural disasters, accidents, etc;
(2)Other legal events: Such as family relationships, marital status, education, experience, job title, status, etc.

 3、Proved the instrument with legal significance
Instruments with legal significance are: refer to a general name of the instruments, qualification and all kinds of letter material with special significance and function certificates in legal. Mainly legal instruments Certified by a notary public are: legal business license, the Board of Directors resolution, a certificate of registration of patent, a certificate of registration of trademark, the articles of association, a variety of forms, records, minutes and so on.

 4、Give debt instruments authority to enforce
In accordance with the relevant provisions, a notary public could give proof of notarized instruments with enforcement, such as pay a certain currency, goods or securities for the content, and the debtor does not fulfill its obligations should be enforced, no doubt, justice claims instrument. When the debtor does not carry out the debt instruments obligations, in accordance with 218th article of” the Code of Civil Procedure," the creditors enjoy right to apply jurisdictional people’s court for enforcement directly.

   6、Drawing
Drawing: refer to duration of the debt has reached settlement, if due to reasons of creditors, the debtor fails to fulfill its payment obligations, the debtor will submitted payment matter to a notary public, and then transmitted creditors by a notary public. With the progressive development of the market, the current situation of the drawing has been breakthroughs in the above-mentioned concept of the traditional drawing. In a deal between the parties, if the provisions of the need to have certain conditions, the payment matter of the debt paid personnel, the parties may agree in advance to the subject matter of payment of all or part of movements to a notary public, when conditions are ripe to be, and then by a notary public to the subject matter of the delivery of payment of creditors.

Ⅱ、Guide for all kinds of notary
● The applicants need to provide the following material when they apply for notarization:
◎Household registration book  
◎ID Card  
◎Passport (exit date and a valid visa) or the other copies of identity documents outside 
◎Power of attorney (do not apply personally)

● Notarized birth, the applicant need to provide proof of material:
◎The household registration book and ID Card of parents 
◎Birth certificate (filled by one of the parents or the elderly who know the condition)
◎Proof of family relationship (household registration book could reflect the relationship between parents and children do not need to provide)
◎Birth certificates / one-child certificate

● Family relationship notarized, the applicant need to provide proof of the material
◎The valid identity documents of the relationship of the other side  
◎The certificate of family relationship (the household registration book could reflect relationship does not need to provide)

● Marital status notarized, the applicant need provide the following documents:
◎Marriage notarized: 《Marriage certificate》    
◎Divorce notarized: < Divorce Certificate >
◎Non-remarried notarized: In addition to the above documents of notarized divorce or death certificate of spouse (proof material with the death of notary), the need to submit proof of non-remarriage
◎Unmarried notary: unmarried proof

● Do not subject to criminal sanction , the applicant need to provide proof of the material
◎Do not subject to criminal sanction proof

● Notarization of qualifications, degrees, achievements, period, the applicant need to provide proof of the material:
◎Education (including graduate / do not graduate / passing) certificate 
◎Degree certificate 
◎Studying / performance / period certificate (issued by the school)

● Notarize work experience, applicants need to provide proof of the material
◎The proof of Curriculum vitae 
◎Certificate of professional titles
◎The appointment of administrative functions file 
◎Labor contract / employment contract

● Death notarized, applicants need to provide the following documents:
◎Death certificate (issued by died Hospital or the District Health and Epidemic Prevention Station of the household registration place)

● Inherit、bestowal notarized, applicants need to provide the following documents:
◎Property ownership certificate (such as "real estate certificate", deposit certificate, etc.)  
◎The family relationship certificate (bestowal notarized do not need to provide)

Remarks: 1) during the process of apply for notarization, such as need to provide photographs of the applicant, for the use of photos, it should be noted
◎Apply for birth notarized, education notarized, work experience notarized, hand in three Passport-size photographs .  
◎Apply for marriage notarized, Both men and women hand in three passport-size photos
◎Notarial deed used in the United States and Taiwan region, each of the above-mentioned matters notarized hand in four passport-size photographs
◎Photos should be the same for black and white or color, if add one copy, should also hand in one photo.
2) Requirement of translation:
◎The party (agent) should provide the relevant professional name, company name, outside name specialized translation, fill them in the Department's "foreign language translation of the registration form" and if not provided, then according to conventional translation.

Ⅲ、The procedure of transacting notarization:

The procedure of notarization in China

applicants apply for notarization: 1) to apply for notarial matters items; 2) An application for notarization purposes; 3) to submit to relevant attesting documents about notarial items

Completed documents: 《 notarization application form》

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Deep Blue Consultant received the files and then check the file to make sure that is meet the notarial items’ requirements

Completed documents

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Deep Blue Consultant submit the files to notary office

Complete files

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The staff of notary office verified and investigated the documents

Completed files

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Notary public qualified notary to matters of public certificates issued in accordance with the law

Completed files: notary certificate

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Deep Blue Consultant check the notarized files to see if there are any omissions when they received the files

Completed files:

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To inform the customers to get the relevant notarized documents

Completed files:

 

 

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