深圳经济特区公证条例（修正） Regulations of Shenzhen Special Economic Zone on Notarization

ll make a decision of nonacceptance of the application and notify the party.

　　Article 26 The notary shall withdraw under following conditions when handling the notarial affairs:

　　(1) He is the party or the party’s near relative in the notarial affair;

　　(2) He has the interests with the notarial affair;

　　(3) He has other relationship with the party that may have effect on handling the notarial affair correctly.

　　The provisions of the preceding paragraph shall be applicable to the assistant notary, interpreter and appraiser.

　　Article 27 The party or his agent may make an application to the notary office in writing or verbally for a withdrawal before signing for the notarial document.

　　The withdrawal of director of notary office shall be decided by the judicial administrative organ of the same level. The withdrawal of other notaries shall be decided by the director of notary office.

　　Article 28 After accepting the application of notarization, the notary office shall examine the indentification and civil capacity of the parties, and shall examine the authenticity and legality of the facts and evidences.

　　If the evidences and documents are not complete or are doubtful, the notary office shall demand the applicant to supplement or clarify them. If the applicant has difficulty in adducing evidences, the notary office may be entrusted by the party to investigate and collect them.

　　Article 29 When handling natarial affairs, the notary office has the right to investigate the archives, documents and asserts involving the notarial affairs, and inspect the material evidence or scene. The units and individuals concerned shall provide help.

　　Article 30 For the natarial affairs that have clear facts, enough evidences and accord with the provisions of law, the notary office shall make a notary certificate within 5 working days upon the date accepting the application.

　　For notarial affairs that need to make an investigation for a check, the period of making a certificate can be extended to 10 working days.

　　For difficult and complicated notarial affairs, the time limit

of making a certificate can be extended appropriately with the approval of director of notary office, but shall not exceed 30 working days at the longest.

　　The delaying period caused by force majeure, other accidents or the applicant’s adding the evidences is not included in the time limit prescribed in the preceding paragraph.

　　Article 31 The notary office shall refuse to issue the notary certificate to false or illegal notarial affairs, and shall notify the party in writing within 5 working days.

　　If the party provides the false documents, the notary office shall have the right to refuse the application and shall report it to the judicial administrative organ, which shall notify the other notary offices in this city. The other notary offices shall not accept the notified application.

　　Article 32 The notary certificate shall be made according to prescribed format.

　　The words of testimonial shall be explicit and concrete.

　　Article 33 The notary certificate shall be drawn from the notary office by the party or his agent. If they have difficulty in doing so, the notary certificate can be dispatched by the notary office.

　　The party or his agent shall sign or affix their seals to the proof of service. If the notary certificate is dispatched by making service via mail, the date upon receiving the certificate marked out on the proof of service shall be the dispatching date.

　　Article 34 The notary certificate shall take effect as of the date upon approved by the approving authority. The date of making the notary certificate shall be the approved date.

　　Article 35 The notary office shall revoke any false or illegal notary certificate issued by it. The judicial administrative organ has the right to revoke any false or illegal certificate issued by notary offices under its administrations.

　　Article 36 The notary office shall stop conducting the notarization, if one of the following conditions:

　　(1) The party withdraws the application before the notary certificate takes effect;

　　(2) Conducting the notarization can’t go on or has been meaningless because the party died or the legal person, other organization ended.

　　Article 37 The party or interested party, who disagrees with not accepting the application, refusing to notarize and revoking or refusing to revoke the notary certificate, may complain to the competent judicial administrative organ within 15 days. The judicial administrative organ may make the administrative decision according to provisions of these regulations.

　　The party or interested party, who is not satisfied with the administrative decision made by the judicial administrative organ, may apply for reconsideration to the superior judicial administrative organ or the administrative appeal authority of Shenzhen Municipal People’s Government, or appeal to the people’s court.

　　Article 38 The notary office shall collect service charges for handling notarial affairs according to the standard prescribed by relevant national departments.

　　Article 39 The notary office may reduce or exempt the charges, if one of the following conditions:

　　(1) handling the notarial affairs involving the pension for the disabled or for the family of the deceased, relief fund and label insurance money;

　　(2) handling the notarial affairs involving the public interests;

　　(3) other special conditions needing reduce or exempt charges.

　　Chapter Ⅵ Legal Responsibility

　　Article 40 If the notary office commits any one of the following acts, the municipal judicial administrative organ shall serve a warning, and the notary office shall be confiscated thelegal income and concurrently imposed a fine of 3 to 5 times of illegal gains in case it gains:

　　(1) violating the provisions of these regulations involving the jurisdiction to handle notarial affairs;

　　(2) a

rbitrarily raising or reducing the standard of notarial charges to handle notarial affairs;

　　(3) violating the time limit prescribed in these regulations to handle natarial affairs with a delay;

　　(4) misappropriating the deposited money or object;

　　(5) refusing to establish the development fund and compensation fund of natarial cause.

　　Article 41 If the notary commits any one of the following acts, the municipal and district judicial administrative organ shall circulate a notice of criticism and serve a warning. In case of gross violation, the provincial judicial administrative organ shall impose a punishment of stopping implementing business for more than three months and less than one year or delaying registering for one year according to procedure:

　　(1) refusing to conduct a notarization;

　　(2) disclosing secrets of the party;

　　(3) issuing a wrong notarization because of delinquency, and causing no grave consequences.

　　Article 42 If the notary commits any one of the following acts, the municipal and district judicial administrative organ shall report to the provincial judicial administrative organ according to procedure, which shall impose a punishment of stopping implementing operation for more than three months and less than one year or delaying registering for one year. In case of gross violation, the provincial judicial administrative organ shall impose a punishment of revoking the practicing license of notary and canceling the qualification of notary, and the illegal gains shall be confiscated in case the notary gains. In case he commits a crime, he shall be removed to the judicial authority and be prosecuted for criminal responsibility:

　　(1) seeking illegal interests in advantage of his position of handling notarial affairs;

　　(2) conspiring the applicant to provide false evidences and conceal the true facts;

　　(3) violating provisions to conduct a notarization and causing grave consequence;

　　(4) taking the place of notary office to issue the notarial certificate secretly;

　　(5) embezzling and misappropriating money, goods or property stored in notary office;

　　(6) giving advice for the applicant to evade the law;

　　(7) conspiring other notaries to handle illegal notarial affairs.

　　Article 43 The notary office, which causes losses to citizens, legal persons or other organizations because of issuing the mistake notarial certificate or improperly handling notarial affairs, shall give a compensation pursuant to law. The measures of compensation shall be formulated by the judicial administrative organ.

　　Having paid compensation, the notary office may recover part or all of the damages from the erring notary.

　　Article 44 The notary office has the right to detain the false certification materials that the party provides for the notary office to obtain the notarization by fraud.

　　The party, who causes losses to citizens, legal persons or other organizations because of providing the false proving materials to obtain the notarization by fraud, shall be liable for compensation according to law. Having paid the compensation, the notary office has the right to recover the damages from the party.

　　Article 45 Having made the decision of administrative penalty according to these regulations, the judicial administrative organ shall issue the written decision of the administrative penalty. If not satisfied with the decision of penalty, the citizen, legal person or other organization may apply fo

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