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Constitution of China Notary Association
Article 1 Name of the Association: China Notary Association.
Association address: Beijing.
Article 2 Nature of the Association: China Notary Association is a national self-regulatory organization of notarization industry established in accordance with the Notary Law of People's Republic of China (PRC), which is composed of notaries, notaries, local notary associations and other professionals and institutions related to notarization. It is a non-profit social group legal person.
Article 3 Purpose of the Association: lead all members to adhere to the guidance of Deng Xiaoping Theory and Theory of Three Represents, comprehensively implement Scientific Outlook on Development, implement the Party's basic line, principles and policies, and implement national laws and regulations; Abide by professional ethics and practice discipline, and improve the quality of members; Supervise members to earnestly perform their duties and standardize industry activities; Safeguard the legitimate rights and interests of members, strengthen industry self-discipline, promote the reform and development of notarization, and provide legal services and guarantees for building a well-off society in an all-round way and building a harmonious socialist society.
Article 4 The Association shall accept the supervision and guidance of the Ministry of Justice and the Ministry of Civil Affairs of the People's Republic of China.
Chapter II Duties and Responsibilities
Article 5 The responsibilities of this Association are:
(1) To supervise notaries and their practice activities in accordance with the articles of association.
Person in charge;
(two) to assist the competent government departments to manage and guide the national notarization work and guide the work of local notarization associations;
(3) Formulating industry norms;
(four) to safeguard the legitimate rights and interests of members and ensure that members perform their duties according to law;
(5) Organizing welfare undertakings for members;
(six) to educate members on professional ethics and practice discipline, and to assist judicial administrative organs to investigate and deal with members' violations;
(seven) to be responsible for the training of members, and to organize members to carry out academic discussions and exchange work experience;
(eight) to be responsible for the management of the use of the national notary compensation fund, and to guide and supervise the use of the notary compensation fund managed by the local notary association;
(nine) to be responsible for the notarization and publicity work, and to host notarization publications;
(ten) to be responsible for discussions, exchanges and cooperation with foreign countries and Hong Kong, Macao and Taiwan regions;
(eleven) responsible for the verification of notarial certificates on both sides of the Taiwan Strait and the sending of copies of notarial certificates;
(twelve) to be responsible for the production and deployment of special water-printed paper for notarization, and to assist the administrative department in its management;
(thirteen) to provide notarization legal advice and other services;
(fourteen) to perform other duties as prescribed by laws and regulations, and to complete the affairs entrusted by the Ministry of Justice.
Chapter III Members
Article 6 Members of this Association are divided into group members and individual members.
Article 7 A notary office that has obtained the practicing certificate of a notary and a local notary association that has obtained the registration certificate of a social organization as a legal person are members of the association. Other institutions related to notarization business may become members of the Association upon application and approval.
A notary who has obtained a notarial practice certificate is an individual member of the Association. Notary administrators, personnel engaged in the teaching and scientific research of notarization law, personnel who have studied the notarization system, and notaries entrusted by China (Hongkong) and China (Macau) may become individual members of the Association upon approval. China entrusts a notary public (Hongkong) and China entrusts a notary public (Macau) to become members, which must be reported to the competent business unit for approval.
Article 8 Individual members shall enjoy the following rights:
(a) The right to vote, to be elected and to vote;
(2) To put forward requirements for safeguarding the legitimate rights and interests of members;
(three) to enjoy the welfare benefits organized by this association;
(four) to participate in various learning, discussion and exchange activities organized by the association;
(five) the use of books and materials of this association;
(six) to make suggestions to the relevant departments through this association;
(seven) to criticize and make suggestions on the work of this association.
Article 9 Individual members shall perform the following obligations:
(1) Abide by the articles of association of this Association and implement the resolutions of this Association;
(two) to complete the work entrusted by the association;
(three) to reflect the situation to the association and provide relevant information;
(four) to pay membership fees in accordance with the provisions;
(five) to safeguard the unity among members and the honor of the notary industry.
Article 10 Members of a group shall enjoy other rights other than the first paragraph of Article 8, and shall perform the obligations stipulated in Article 9.
Eleventh members who apply for approval to join the club fail to perform their obligations or pay their membership fees without justifiable reasons, which is regarded as automatic withdrawal from the club.
Chapter IV Establishment and Cancellation of Institutions and Responsible Persons
Article 12 The highest authority of this Association is the members' congress, and its functions and powers are:
(1) To formulate and revise the articles of association of this Association;
(two) to discuss and decide the working principles and tasks of this association;
(3) To elect and recall members of the Council;
(4) Deliberating and adopting the work report and financial report of the Council;
(5) The functions and powers that the National Congress of Members thinks should be exercised by it according to law.
Thirteenth members' congress can only be held when more than two-thirds of the members' representatives are present, and decisions on major issues need to be passed by more than two-thirds of the participants.
Article 14 The general meeting of members shall be held every three years. Due to special circumstances, it is necessary to advance or postpone the general election, which shall be voted by the board of directors, reported to the competent business unit for review, and approved by the association registration authority. However, the term of office shall not be extended for more than one year.
Article 15 The Council is composed of members elected by the National Congress. It is the executive body of the National Congress when it is not in session and is responsible to the National Congress.
Article 16 The functions and powers of the Council are:
(a) to implement the resolutions of the members' congress;
(two) report to the members' congress;
(3) Electing the executive directors, and electing the president and vice president from them;
(4) Adding or dismissing individual executive directors as necessary;
(5) Deciding to establish or cancel the offices, working committees, professional committees and special fund management committees of this Association;
(six) to formulate the working rules and annual work plan of this association.
Article 17 The board of directors shall be convened only when more than two thirds of the directors are present, and its resolutions shall take effect only when more than two thirds of the directors are present.
Article 18 The meeting of the board of directors shall be held once a year, and may be held in advance or postponed according to needs.
Article 19 The Association shall set up a standing council, which shall be elected by the council. When the council is not in session, it shall exercise its functions and powers except for items 2, 3 and 4 in Article 16, decide on the appointment or dismissal of the Secretary-General of the Association, and be responsible to the council. The executive directors shall not exceed one third of the directors.
Article 20 The Standing Council shall be convened only when more than two thirds of the executive directors are present, and its resolutions shall take effect only after being voted by more than two thirds of the executive directors present at the meeting.
Article 21 The Standing Council shall meet at least twice a year to hear and consider the work reports of the president, vice president, secretary general and office, and to study and decide on important matters.
Article 22 The president and vice president of the Association must meet the following conditions:
(a) adhere to the party's line, principles and policies, good political quality;
(2) It has great influence in the business field of the Association;
(3) The maximum working age of the president and vice president shall not exceed 70 years old;
(4) Being in good health and able to stick to normal work;
(5) Having not been subjected to criminal punishment of deprivation of political rights.
Article 23 The president and vice-president of this Association who are over the maximum working age must be approved by the Council, reported to the competent business unit for examination, and approved by the registration authority of this Association before taking up their posts.
Article 24 The term of office of the president and vice-president of the Association is three years, and they may be re-elected, but the term of office of the president shall not exceed two terms.
Article 25 The president of this Association is the legal representative of this Association.
The legal representative of this Association shall not concurrently serve as the legal representative of other organizations.
Article 26 The President of this Association shall exercise the following functions and powers:
(1) Convening and presiding over the Standing Council;
(two) to check the implementation of the resolutions of the members' congress and the Standing Council;
(3) Signing relevant important documents on behalf of the Association;
(4) Handling other major affairs.
Article 27 The Secretary-General of this Association shall exercise the following functions and powers:
(a) to preside over the daily work of the office and organize the implementation of the annual work plan;
(2) Nominating deputy secretaries-general and heads of specialized agencies;
(three) to decide on the employment of full-time staff in specialized offices;
(4) Handle other daily affairs.
Chapter V Principles of Asset Management and Use
Twenty-eighth sources of funds of the Association:
(1) membership fees;
(2) Donations at home and abroad;
(3) Funding from government departments;
(4) Income from activities or services provided within the approved business scope;
(5) Other lawful income.
Article 29 the association collects membership fees in accordance with relevant state regulations.
Thirtieth association funds are mainly used to carry out the work of the association, provide notarized information and materials for members, carry out academic exchanges, training, recuperation and other public welfare activities, and pay the expenses of the association offices and their personnel.
Article 31 An association shall establish a strict financial management system to ensure the legality, truthfulness, accuracy and completeness of accounting data.
Article 32 The Association shall be staffed with accountants with professional qualifications. Accounting personnel shall not concurrently serve as cashiers. Accountants must conduct accounting and exercise accounting supervision. When an accountant transfers his job or leaves his post, he must go through the handover procedures with the recipient.
Article 33 The asset management of this Association must implement the financial management system stipulated by the state and accept the supervision of the members' congress and the financial department. If the source of assets belongs to the state appropriation or social donation or subsidy, it must accept the supervision of audit institutions and publish relevant information to the society in an appropriate way.
Thirty-fourth before the association changes or changes its legal representative, it must accept the financial audit organized by the registration authority and the competent business unit of the association.
Article 35 No unit or individual may occupy, privately divide or misappropriate the assets of this Association.
Article 36 The wages, insurance and welfare benefits of the full-time staff of this Association shall be implemented with reference to the provisions of relevant state institutions.
Chapter VI Procedures for Amending the Articles of Association
Thirty-seventh amendments to the articles of association of this association must be approved by the Council and reported to the members' congress for deliberation.
Article 38 The revised articles of association of this Association shall come into effect within 15 days after being passed by the member representative assembly, reviewed and agreed by the competent business unit, and approved by the association registration authority.
Chapter VII Termination Procedure and Property Disposal after Termination
Article 39 If an association has fulfilled its purpose or is dissolved or needs to be revoked due to division or merger, the Council or the Standing Council shall propose a termination motion.
Fortieth, the motion to terminate the association must be voted by the members' congress and reported to the competent business unit for approval.
Forty-first before the termination of this association, a liquidation organization shall be established under the guidance of the competent business unit and relevant authorities to clean up the creditor's rights and debts and deal with the aftermath. During the liquidation period, no activities other than liquidation will be carried out.
Article 42 this association shall be terminated after the cancellation of registration by the association registration authority.
Article 43 The remaining property after the termination of this Association shall be used for the development of undertakings related to the purpose of this Association under the supervision of the competent business unit and the registration and administration organ of the association in accordance with the relevant provisions of the state.
Chapter VIII Supplementary Provisions
Article 44 The Articles of Association was voted by the fifth general meeting on June 165438+ 10/0, 2006.
Article 45 The Standing Council shall be responsible for the interpretation of these Articles of Association.
Article 46 The Articles of Association shall come into force as of the date of approval by the registration authority of associations.
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