Notary Public 公证
The office of a notary public had its origin in the ancient Rome. In 1279 notary public was introduced into England, the Archbishop of Canterbury was authorised by the Pope Nicholas III to appoint notaries in England. The Public Notaries Act 1801 empowered the Court of Facilities of the Archbishop of Canterbury to admit notaries to the profession. The Legal Services Act 2007 preserves the jurisdiction of the Court of Faculties to admit and enrol notaries in England and Wales. The Master of the Faculties acts as an approved regulator regarding to the notarial activities.
In accordance with the Halsbury’s Law of England, 5th ed, (London LexisNexis 2009) Vol 66, para 1412, , the meaning of a notary public is “a legal officer appointed by the Court of Faculties, whose general role, amongst other matters, to draw, attest or certify, under an official seal, documents which are intended for use in other jurisdiction. A notary may also prepare wills or other testamentary documents, note or certify transaction relating to negotiable instruments and draw up protests or other formal papers relating to shipping and the cargo conveyed therein. The office further confers the right to administer oaths and declarations.”
NOTARY PUBLIC IN QUEENSLAND
The name of “public notary” and “notary public” are used interchangeable in the Court of Faculties. Notary Public in the State of Queensland Australia is appointed by the Court of Faculties in England.
There is no law, statutory or otherwise prescribing the formal parts of a notarial act, it has been said in Brooke, A Treatise on the Office and Practice of a Notary in England, 9th ed (1939) p46 that the essential parts of a notarial acts in public form are:
“first, the title, the date and place of execution, the names of the notary, parties and witnesses, and a statement of the fact of the parties appearing before the notary and of their reason for doing so; second, the document or transaction which is the subject of the act; third, a statement to the effect that the instrument was read to the parties and approved by them; fourth, the signatures of the parties and witnesses; and, fifth, the signature and seal of the notary himself.
Where the notarial acts in private form, the essential requirements in a notarial certificate are the following:
- the name of the notary;
- a statement that the notary is duly admitted to practise in the place of issue of the certificate;
- the names of the signatories and the capacity in which they have executed the document, whether on their own behalf or in an official or representative capacity;
- a statement authenticating the signatures of the parties and, where appropriate, indicating that evidence has been produced to the notary proving the capacity in which they have executed the document and their authority to do so;
- the place and date of issue of the certificate; and
- the signature and seal of the notary.
NOTARY IN THE PEOPLE OF CHINA
The Legislation was passed in 2005 and commenced on 1 March 2006. The third amendment was passed on 1 September 2017.
In accordance with article 2 of the Legislation, notarization means certifying the authenticaity and legality of a legal act, a document or a fact of legal significance according to the statutory procedures.
Unlikely in Australia, a notary in China upon request, may perform a board range of notarial acts. Article 11 provides that a notary in China may perform the following notarial acts:
- authorization, declaration, bestowal, will;
- distribution of property;
- bidding and tendering, auction;
- marriage status, kindred relationship, adoption relationship;
- birth, existence, death, identity, experience, education background, degree, job title, professional technical title, having or not having illegal and criminal record;
- articles of association;
- preservation of evidence;
- signature, seal and date as indicated in a document, duplicate or photocopy of a document conforming with the original document; and
- other matters that a natural person, legal person or any other organisation voluntarily requests for notarization.
Article 28 of the legislation provides a notary when performing notarial acts, must examine the following:
- the identity of the party concerned, the qualifications for requesting for the notarial act and the corresponding rights;
- whether the documents are complete, whether the meanings are clear and whether the signature and seal are complete;
- whether the certification materials are authentic, lawful and adequate; and
- whether the matter under request for notarization are genuine and lawful.