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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II CONDITIONS AND PROCEDURES FOR APPOINTMENT CHAPTER III CONDITIONS AND PROCEDURES FOR REGISTRATION CHAPTER IV LEGAL RESPONSIBILITIES CHAPTER V APPOINTED NOTARY PUBLICS ASSOCIATION CHAPTER VI SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. In order to further improve the system of appointed notary publics, to strengthen the administration of appointed notary publics, to enhance the quality of appointed attesting, to safeguard the legal rights and interests of the parties and to promote the stable development of the society and economy of the mainland and Hong Kong, these Measures are enacted in accordance with the relevant provisions of the State Council. Article 2. One must pass the examination and assessment by the Ministry of Justice before being appointed as an appointed notary public. The period of appointment is 3 years, which may be appropriately altered under special circumstances. Upon the expiry of the appointment, an officer may, at his/her own application, be appointed successively after passing the assessment by the Ministry of Justice and receiving the training. Article 3. The business scope of an appointed notary public is to attest the legal acts and the facts and documents with legal meanings that take place in Hong Kong. Such attesting is to be used in the mainland. Article 4. An appointed notary public must produce attesting documents pursuant to the provisions of the Ministry of Justice or the approved business scope, attesting procedures and document forms. Article 5. The documents of appointed attesting produced by an appointed notary public must be examined by China Legal Service (HK) Ltd. (hereinafter referred to Company), which will put stamp on and transmit the documents in conformity with the attesting procedures and requirements on document forms, and will not transmit those not in conformity with the aforesaid requirements. The Company shall report the stamping and transmission of documents to the Ministry of Justice in fixed terms (transmission in the first half year shall be reported before July 15, and the transmission in the previous year before January 15). Article 6. After accepting the appointment from a party, the appointed notary public shall handle the attesting matters by himself/herself. Under special circumstances, the officer shall get the consent of the party for getting assistance from the mainland attesting agencies or other agencies, the expenses shall be borne by the officer, or be paid through negotiation between the officer and the party. Article 7. An appointed notary public shall receive business training in fixed terms. CHAPTER II CONDITIONS AND PROCEDURES FOR APPOINTMENT Article 8. A Hong Kong lawyer meeting the following conditions may apply to the Ministry of Justice for being an appointed notary public: (1) Upholding the Constitution of the People's Republic of China and upholding the Basic Law of Hong Kong Special Administrative Region of the People's Republic of China; (2) Being a Chinese citizen with permanent residency in Hong Kong; (3) Being a Hong Kong lawyer for 10 years or more; (4) Having good professional ethics, and having not ever been punished for dishonor or violation of professional ethics; (5) Understanding the relevant laws, regulations and rules for attesting of the mainland; and (6) Being capable of writing attesting documents in Chinese and of conducting business by using mandarin. Article 9. To apply for being an appointed notary public, a Hong Kong lawyer who meets the conditions provided in Article 8 of these Measures shall file an written application with the Ministry of Justice by himself/herself, and apply for and faithfully fill in the registration form for being appointed notary public with the Company. The photocopies of the application form, original of the registration form, certificates of educational degree and experience shall, after being attested by an appointed notary public, be submitted to the Ministry of Justice by the Company. Article 10. The Ministry of Justice shall, after receiving the relevant applications, examine the qualifications of the applicants and seek opinions from the relevant departments, and organize training on legal knowledge and attesting business for those meeting the conditions, only after training may the applicants take the examination organized by the Ministry of Justice. Article 11. The Ministry of Justice will hold the examination for appointed notary publics once every 3 years. The examination is divided into written examination and interview, mainly testing the applicants' mastering of the relevant laws and regulations of the mainland, and of the appointed attesting business and mandarin. Those passing the examination will be assessed by the Ministry of Justice. Those assessed as qualified will be issued the letter of appointment by the Ministry of Justice and be registered for the first time. CHAPTER III CONDITIONS AND PROCEDURES FOR REGISTRATION Article 12. An appointed notary public shall apply for annual registration with the Ministry of Justice before December 15 of each year. Those not registered may not undertake the business of appointed attesting. The Ministry of Justice will make an annual proclamation on the registered appointed notary publics in January of each year. Article 13. An appointed notary public may be registered if he/she meets the following conditions: (1) Having no rule-breaking conduct or having not appointed the work to others in the previous year; (2) Having good professional ethics, and having no conduct violating these Measures and the articles of association; and (3) Being capable of handling the appointed matters according to the requirements. Article 14. Registration procedures for appointed notary public: (1) The appointed notary public applies for registration with the Association; (2) The appointed notary public fills in the application form for registration issued by the Association, and submits, together with the application form, the information about his/her handling of certificate in the previous year and the materials required by the Ministry of Justice to the Association; (3) The Council of the Association transmits the aforesaid materials to the Company after signs opinions on the application for registration of the appointed notary public, and the Company submits those materials to the Ministry of Justice after signing opinions on stamping and transmission of the attesting by the appointed notary public; and (4) The Ministry of Justice makes the written decision to approve the registration or not according to the registration application of the appointed notary public, and the relevant materials and by referring to the opinions of the relevant departments. If approval is granted, the Company and the Association shall be notified, and the Association shall process the registration formalities for the applicant. Article 15. Where an appointed notary public is under the punishment provided in Item (2) of Article 16 of these Measures, the registration shall be suspended. CHAPTER IV LEGAL RESPONSIBILITIES Article 16. An appointed notary public will be given the following punishments respectively for violation of laws, regulations, rules and practice disciplines: (1) Warning; (2) Suspension of appointment; (3) Cancellation of appointment. Article 17. An appointed notary public will be given a warning for any of the following acts: (1) Failing to send the attesting documents to be used in the mainland to the Company for examination and transmission within the prescribed time limit; or (2) Failing to produce the attesting letter pursuant to the prescribed procedures, forms and requirements, and failing to correct upon notification. Article 18. An appointed notary public will be, regarding the circumstances, suspended from appointment for 6 to 12 months for any of the following acts: (1) Failing to have the stamp put on the attesting documents to be used in the mainland for transmission; (2) Failing to cooperate voluntarily in the investigation conducted for the complaint against him/her, or having caused bad consequences verified; (3) Having appointed the work to others but correcting in time upon notification; (4) Taking charges not according to the prescribed charging standards; (5) Failing to participate in the business training without justified reasons; or (6) Failing to execute the resolution of the Council of the Association without justified reasons. Article 19. The appointment of an appointed notary public will be cancelled for any of the following acts: (1) Failing to have the stamp put on the attesting documents to be used in the mainland for transmission, and refusing to correct after being given the punishment of warning or suspension of appointment; (2) Failing to produce the letter of attesting pursuant to the prescribed procedures, and refusing to correct upon written notification; (3) Being complained and serious consequences were caused as verified; (4) Having appointed the work to others but refusing to correct upon notification; (5) Being given the punishment of suspension of appointment twice; (6) Making false statements in the application form for registration and other application documents; or (7) Other situations in which the officer no longer meets the conditions provided in Article 8. Article 20. Where an appointed notary public, within 1 year after accepting an appointment, fails to handle the appointed business or apply for annual registration, and refuses to correct upon written notification by the Association, the appointment shall be regarded as being suspended automatically. The time for suspension of appointment is 6 months, if the appointed notary public fails to apply for resuming the appointment upon the written notification by the Association again at the end of the 6 months, the appointment shall be regarded as being abandoned automatically. The applicant applying for resuming the appointment shall explain the reasons. The appointed notary public shall report to the Ministry of Justice if he/she is unable to handle the appointed business due to special reasons, and he/she may be registered upon examination and approval. Article 21. The Ministry of Justice establishes the Disciplinary Commission of Appointed Notary publics (hereinafter referred to Commission), to accept the complaints filed against the appointed notary publics by the parties, and to directly make investigations or to entrust the relevant entities to make investigations. The Commission shall, in a timely way, report the result of the investigation to the Ministry of Justice and present the opinions on settlement. CHAPTER V APPOINTED NOTARY PUBLICS ASSOCIATION Article 22. The Appointed Notary Publics Association is composed of appointed notary publics pursuant to law, and is a self-regulatory organization of the appointed notary publics. The Appointed Notary Publics Association undertakes, at the appointment of the Ministry of Justice, the specific issues relating to the appointed notary publics. Appointed notary public must join the Association as a member during his/her term. Article 23. The responsibilities of the Appointed Notary publics' Association shall be provided for by the articles of association. CHAPTER VI SUPPLEMENTARY PROVISIONS Article 24. The power to interpret these Measures shall remain with the Ministry of Justice. Article 25. These Measures shall be put into practice on April 1, 2002. The Measures for the Administration of China Appointed Notary publics (Hong Kong) promulgated by Order No.34 of the Ministry of Justice shall be repealed at the same time. |
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