Notarial Services

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:

  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 organisation voluntarily requests for notarization.

Article 28 of the legislation provides a notary when performing notarial acts, must examine the following:

  1.   the identity of the party concerned, the qualifications for requesting for the notarial act and the corresponding rights;
  2.   whether the documents are complete, whether the meanings are clear and whether the signature and seal are complete;
  3. whether the certification materials are authentic, lawful and adequate; and
  4. whether the matter under request for notarization are genuine and lawful