Articles of Association of China Notaries' Association
- Area of Law： Notarization
- Level of Authority： Industry Regulations
- Date issued：05-29-1999
- Effective Date：05-29-1999
- Status： Effective
- Issuing Authority： China Notary Association (former China Nortaries' Association)
Articles of Association of
China Notaries' Association
(Deliberated, and adopted at the plenary meeting on May 29, 1999)
Chapter I General Provisions
Article 1These Articles of Association are formulated with a view to promoting the development of State notarization system, enabling the notaries to play their important role in the socialist construction of democracy and legal system, in the establishment and development of socialist market economic system and in the maintenance of the political stability of the country, as well as guaranteeing the lawful rights and interests of the notaries.
Article 2China Notaries' Association (hereinafter referred to as this Association) is a national social organization as a legal person that is registered and established in accordance with the law. It is composed of the notaries, notary's offices, notarization administrators and other professionals and institutions relating to notarization. This Association shall accept the business guidance and supervision of Ministry of Justice and Ministry of Civil Affairs of the People's Republic of China.
Article 3The purposes of this Association are: to unite and educate the members, to adhere to the theory of Deng Xiaoping, to adhere to the Party's basic route, guideline and policies, to execute the State's laws and regulations, to guide and supervise the members' performance of their duties, to maintain the lawful rights and interests of the members, to develop and make China's career of notarization prosper, as well as to promote the social stability and the reform and opening, to push the progress of ruling the country by law, and to guarantee the rapid and healthy development of socialist market economy.
Chapter II Duties
Article 4The duties of this Association are:
(1) to assist the competent governmental department in managing and guiding the national notarization affairs, and to guide the work of the notaries associations in all places;
(2) to maintain the lawful rights and interests of the members, and to help the members to perform their duties in accordance with the law;
(3) to hold welfare projects for the members;
(4) to educate the members on occupational ethics and practicing disciplines, and to assist the judicial and administrative organs to investigate the members' acts of violating the disciplines;
(5) to be responsible for training the members, and to organize the members to carry out academic discussions and exchange of work experiences;
(6) to be responsible for editing and printing the general outline, examination papers and the relevant auxiliary documents of the National Notaries Examination, and to be responsible for marking the examination papers, recording the examination scores and other relevant specific affairs;
(7) to be responsible for the publicity of notarization, and to sponsor notarization publications;
(8) to be responsible for carrying out discussions, communion and cooperative activities relating to notarization matters with foreign countries and the regions of Hong Kong, Macao and Taiwan;
(9) to, in accordance with the Agreement on Using and Checking Notarial Certificates between the Two Sides of the Taiwan Strait, be responsible for checking notarial certificates relating to the two sides of the Taiwan Strait and mailing the copies of notarial certificates;
(10) to be responsible for contacting the producers and distributors of the watermark paper specially used for notarization, and to assist the administrative departments in their administration;
(11) to provide such services as notarization and legal consultation to the public;
(12) to perform other duties provided in laws and regulations, and to complete the affairs entrusted by Ministry of Justice.
Chapter III Members
Article 5 The members of this Association are divided into organizational members and individual members.
Notary's offices shall be the organizational members of this Association; other institutions related to notarization within or out of the territory may be approved to be organizational members of this Association upon application.
Notaries shall be the individual members of this Association; the notarization administrators, people who are engaged in the teaching or scientific research of notarization laws or who are doing research in the notarization system, and the Chinese authorized notaries may be approved to be individual members of this Association upon application.
Article 6The rights of an individual member are:
(1) to enjoy the voting power, the right to stand for election and the right of voting within this Association;
(2) to propose the requirement of maintaining the lawful rights and interests of the members;
(3) to enjoy the welfares of this Association;
(4) to attend the activities of learning, discussion and experiences exchange held by this Association;
(5) to use the books and documents of this Association;
(6) to give advice to the relevant departments through this Association;
(7) to criticize and advise in the work of this Association.
Article 7The obligations of an individual member are:
(1) to abide by the articles of association of this Association and to execute the resolutions of this Association;
(2) to complete the work entrusted by this Association;
(3) to pay the association fee as provided;
(4) to maintain the unity among the members and the honor of the notarizing occupation.
Article 8An organizational member shall enjoy the rights enumerated in Article 6 except Item (1), and shall implement the obligations enumerated in Article 7.
Article 9Where a member who has applied and been approved to join this Association fails to implement his obligations or to pay the association fee without any justified reason, he shall be deemed to have quitted this Association on his own.
Chapter IV Organizational Structure
Article 10The National Members' Congress is the highest organ of power of this Association, and shall convene a meeting every three years. A representative shall be recommended and elected by the provincial, autonomous regional or municipal members' congress, and his term of office shall be three years. A representative may be elected consecutively and serve consecutive terms.A meeting of the National Members' Congress shall not be convened unless two thirds or more of the representatives are present.
The decision on a major issue shall be made by two thirds or more of the representatives present at the meeting.
Article 11The powers of the National Members' Congress are:
(1) to formulate and amend the articles of association of this Association;
(2) to discuss and decide on the working guideline and tasks of this Association;
(3) to elect and recall the board directors;
(4) to examine and adopt the work reports and financial reports of the Board of Directors;
(5) other powers which the National Members' Congress deems that they are to be exercised by itself.
Article 12The termination of this Association shall be adopted by two thirds or more of the members present at the meeting of the National Members' Congress.
Article 13The Board of Directors of this Association shall be elected by the National Members' Congress. The Board of Directors is the executive organ when the National Members' Congress is not in session, and shall be responsible to the National Members' Congress.
The meeting of the Board of Directors shall be held once every year, which may be advanced or postponed when necessary.
Article 14The duties of the Board of Directors are:
(1) to execute the resolutions of the Members' Congress;
(2) to report its work to the National Members' Congress;
(3) to elect the executive directors and from which elect the chairman, the vice chairman and the secretary-general;
(4) to supplement or recall certain directors or executive directors when necessary;
(5) to decide on the engagement or disengagement of the deputy secretary-general of the Association;
(6) to decide on the establishment or revocation of the special offices and business committees of this Association;
(7) to adopt the working rules and annual work plans of this Association.
Article 15The Executive Board of Directors shall be composed of the chairman, the vice chairman, the secretary-general and the executive directors, which shall be an executive organ to preside over the daily meetings when the National Members' Congress and the Board of Directors are not in session.
The terms of office of the chairman, the vice chairman, the secretary-general, the directors and the executive directors of this Association shall be three years, and they may serve consecutive terms.
The Executive Board of Directors shall at least convene two meetings every year; it shall listen to and examine the work reports of the chairman, the general secretary and the working offices, and shall study and decide on major issues.
Chapter V Supplementary Provisions
Article 16The sources of funds of this Association are:
(1) the association fee;
(2) donations from home and abroad;
(3) income from non-gratuitous services;
(4) financial support by governmental departments;
(5) other lawful income.
Article 17The funds of this Association shall mainly be used to carry out the work of this Association, to provide the members with notarization information and documents, to carry out academic communion, trainings, medical services and other commonweal or welfare activities, and to pay the expenditures of the working offices and employees of this Association.
Article 18The measures on the rewards and punishments of the members as well as on the collection of the association fee shall be formulated by the Executive Board of Directors.
Article 19The domicile of This Association shall be in Beijing.
Article 20The Executive Board of Directors shall be responsible for the interpretation of these Articles of Association.
Article 21These Articles of Association shall come into force as of the date of their adoption.