The Content and Scope of a Certified Chinese Translation Service
Author：admin Joined：2018/10/17 Clicks：230 Secondary
Notarization is an act to certify the authenticity and legitimacy of civil juristic acts, facts, and documents upon the application of a natural person, legal person or any other organization in accordance with statutory requirements. Notarization is a judicial process in the national judicial system, which helps prevent disputes and uphold the legal system as well as legal order. A notarial act performed by a notary agency is different from a legal action brought to the People’s Court for adjudication. The former certifies juristic acts and documents in order to prevent conflicts and reduce the possibility of litigation before any civil dispute arises. Notarization cannot resolve any dispute between parties. However, a case is adjudicated in the People’s Court when a lawsuit is filed by related parties due to a dispute regarding private rights. The purpose of adjudication is to make a decision to resolve disputes.
Notarial acts performed by a notary agency includes: 1) certifying juristic acts such as contracts, entrustments and last will and testaments; 2) certifying juristic documents except juristic acts; 3) certifying juristic facts that may lead to the creation, change or extinguishment of legal relationships; 4) certifying non-controversial facts to avoid possible disputes in the future, that could have no legal results; 5) certifying documents concerning debt and article recovery to prove the effect of compulsory enforcement; 6) preserving evidence; 7) keeping last will; 8) any auxiliary work in relation to notarization. For example, drafting the application for notarization on behalf of related parties; 9) other matters that may require notarization upon application of related parties and international conventions.
The scope of notarization and certified translation service includes certified translations of last will and testaments, contracts, adoption dissolution, right of inheritance, relationship of family members, adoption, deposit, marriage, divorce and death.
1. The notary agency can authenticate the following juristic acts: 1) creation, modification or termination of contracts (agreements); 2) establishment, modification or revocation of entrustments, gifts and wills; 3) partition or transfer of property, or disclaimer of property rights or inheritance; 4) issuance and listing of valuable securities; acceptance and refusal of payment of negotiable instruments, and entrustment regarding shareholder’s equity; 5) auction, bidding, tender, checking of lottery draws and prize; 6) debt securities: 7) exercise of creditor’s right and debt acknowledgement; 8) marital property agreements; 9) establishment and dissolution of adoption and acknowledgement of paternity; 10) creation, modification or termination of other juristic acts.
2. The notary agency can prove the following juristic events or documents: right of inheritance; creation, transfer and licensing of private rights such as trademarks, patents and copyrights; proof of birth, life, death, education, work experience, relatives, residence, marriage and criminal record; qualifications, charters and financial status as well as property inventories, appraisal and liquidation of legal entities or other organizations, and inaugural board meetings of companies limited by shares and shareholder resolutions; force majeure; property insurance appraisal and determination of loss covered by insurance policies; identification of anonymous authors; signatures, seals, effective dates of contracts (agreements) or other documents; copies, excerpts, translations, photocopies of files which are consistent with the original text, and other juristic events or documents.
3. The following juristic acts and documents need to be notarized: transfer and mortgage of land use rights; bidding and tendering of key construction projects and large-scale construction projects; lease, sale and auction of state-owned enterprises; voluntary transfer and mortgage of house, and sale of real properties for export, as well as tenancy agreements for non-residential houses owned by private entities; voluntary transfer, inheritance and extinguishment of share certificates and other registered valuable securities, and other matters that require notarization under applicable laws and regulations.
4. For any document requiring payment of money, articles or valuable securities, the effect of its enforcement can be granted upon the parties’ application through a notary agency under applicable laws and regulations.
5. Lodgment of money, valuable articles, collateral (including money) or its substitution can be notarized by a notary agency.
6. The notary agency can assist related parties in evidence preservation.
7. The notary agency is responsible for the following notarization-related matters: inventory and preservation of estate, preservation of wills and other documents; execution of wills; drafting of legal documents; legal consultations; monitoring performance of notarial acts or dispute resolution process, and other legal matters upon the request of related parties.