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