I.What is Document Notary?
- Notarization refers to the fact that a notary public has issued a notarial certificate to prove the legal acts of the requester and other private rights related to the requester at the request of the party or other related parties.
- If the notary public makes a notarial certificate, it can be determined that the content of the agreement is legal and valid. Moreover, in addition to the validity of the evidence, the notarial certificate is enforceable if it is in the case of the notarization law and is indicated on the notarial certificate. If the contractual obligor fails to perform the contract, the right holder can directly appeal to the court for enforcement according to the record of the notarial certificate. It is the same as the definitive judgment without having to go through a lengthy procedure.
- If the notarized matter is subject to the following circumstances, if the requester has agreed to be enforced and stated in the notarial certificate, the notarial certificate may be executed in the name of the enforcement, and it is required to be enforced without additional litigation.
Notarization may require direct enforcement if:
1.A certain amount of money or other substitutes or securities is used as a target.
2.To pay for the specific movable property.
3.Rent or borrow a building or other work item with a time limit and return it at the expiration of the time limit.
4.Rent or borrow land, for the purpose of not for farming or construction, and return the land at the expiration of the time limit.
- A notary public is the entrusted representative of the government, responsible for verifying your identity as a signatory, ensuring that you sign your own wishes, and witness the signing of the incident. Their role is to prevent fraud and to ensure that the right people are free to execute the documents. Institutions rely on notaries to give them confidence in important documents.
- After the notary witnesses the signature, he or she will apply for signature, seal, details of the notary committee, etc. These materials act as a means of verifying transactions so that others can rely on them. When you see the notary’s seal on the document, it means that a trustworthy notary says it is true and executed correctly.
II.Notary common functions
- Verify that official/government and personal documents and information are used overseas.
- See personally signing documents and certification status.
- Witness the power of attorney used overseas.
- The document is true and the copy is used overseas.
- For companies and businesses, witness documents and certification status and transactions.
- Documents dealing with overseas land, property and deceased heritage.
III.The legal effect of the notarial certificate
- The effectiveness of notarization refers to the legal effectiveness and binding of the notarization. A notarial certificate is the result of a notary public certification activity and a written expression. Therefore, the notarization effect is also called “the validity of a notarial certificate.” Notarization has three basic legal effects.
- That is the effectiveness of the evidence, the effectiveness of enforcement, and the validity of the legal action. The validity of the evidence is the most basic effect of the notarial certificate, and any notarial certificate has the effect of evidence. The effectiveness of notarization and the validity of legal elements are not universal, and only specific notary documents or under certain conditions can be produced.
- In addition, the notarial certificate has a legal effect not only in the country but also has an extraterritorial legal effect. Because the notarial certificate is a reliable judicial certificate that proves the legality, the facts of legal significance and the authenticity and legitimacy of the instrument, and is widely used in international exchanges. In the international arena, the notarial certificate has been widely recognized, and it has legal proof outside the territory.
- It is an indispensable legal document for international civil and economic exchanges. This is a spatial extension of the effectiveness of notary evidence.