Notarization is the activity that notarial institutions prove the authenticity and legitimacy of civil legal acts, facts and documents of legal significance according to legal procedures according to the application of natural persons, legal persons or other organizations. How long does it take for a general notarization? Housing notarization processing time and specific process to understand.
Article 30 of the Notarization Law of the people's Republic of China upon examination, if a notarial institution considers that the certification materials provided by the application are true, legal and sufficient, and the matters applied for notarization are true and legal, it shall issue a notarial certificate to the party concerned within 15 working days from the date of accepting the notarization application.
However, in case of force majeure, supplementary supporting materials or the need to verify the relevant situation, the time required shall not be included in the time limit.
Extended data:
The content of real estate notarization is very extensive, mainly including: notarization of real estate sales contract, real estate lease contract, real estate mortgage contract, pre-sale contract of commercial housing, real estate inheritance notarization, real estate gift notarization, real estate infringement agreement notarization, housing demolition (compensation, resettlement) agreement notarization, confirmation of housing property right notarization, Housing Preservation evidence, as well as foreign and Hong Kong and Macao related Notarization of real estate affairs of Taiwan, etc.
The real estate belongs to real estate. According to the Interim Regulations on Notarization and the rules of notarization procedure (Trial), the notarization of real estate shall be under the jurisdiction of the notary office where the real estate is located. The notarization of real estate involving foreign affairs and Hong Kong, Macao and Taiwan shall be under the jurisdiction of the Notary Office approved by the Ministry of justice to handle the notarization business involving foreign affairs; The real estate involving Hong Kong, Macao and Taiwan shall be under the jurisdiction of the notary office designated by the judicial departments (bureaus) of all provinces, autonomous regions and municipalities directly under the central government.
The joint notice on strengthening notarization in real estate registration management is an important legal document jointly issued by the judicial department and the Ministry of construction on August 31, 1991 to handle real estate notarization. According to the notice:
1. In the case of inheriting or donating the real estate, the party concerned shall first go through the notarization of inheritance or donation, and then go through the registration procedures for the transfer of the real estate ownership with the real estate administration department with the public certificate and the relevant deed certificate;
2. Where a testator establishes a will to dispose of real estate, it shall be notarized.
3. The transfer of ownership of real estate involving foreign affairs, Hong Kong, Macao and Taiwan shall be notarized, and then the real estate administration department shall go through administrative procedures such as real estate registration;
4. The local real estate administration organs and judicial notarization organs may, according to the local conditions, formulate the provisions that other local real estate matters must be notarized;
5. Procedures for notarization and real estate registration.
In addition to the joint notice on strengthening notarization in the registration and management of real estate, the state and local governments have stipulated in a series of laws, regulations and rules, such as the provisions of the State Council on the management of private houses of foreigners, that notarization must be carried out for certificates involving registration of ownership of houses, transfer or change of registration.
The regulations of the State Council on the administration of urban house dismantlement stipulates that in case of house dismantlement, the compensation and resettlement agreement must be issued with an official certificate. For the demolition of houses in escrow, houses with property rights disputes, and houses where the mortgagor and mortgagee fail to reach a new mortgage agreement within the prescribed time limit, the notarial organ shall handle evidence preservation.
The Interim Measures for the registration of the ownership of urban houses issued by the Ministry of urban construction stipulates that the power of attorney shall be notarized by the notary organ if another person is entrusted to handle the registration of the ownership of houses. According to the regulations of various professional banks, the mortgage loan contract or mortgage guarantee document involving housing mortgage shall be notarized by the notary organ.
Many local laws and regulations also stipulate that the inheritance, donation, property analysis, sale, transfer, mortgage, lease of private houses and the pre-sale, sale, mortgage, transfer, inheritance, donation and exchange of staff houses in the reform of housing system shall be notarized.