Hello, i'm the ordinary creator who helps people break their life policies and hide their holes every day。
Today we're talking about something that happens to almost every family: notaries. Willings, inheritance, transfer of property, delegation of authority ... Insofar as property and legal instruments are concerned, the probabilities are dealt with by notaries. But most people have the same question in their minds: whether notaries are state units or private institutions? Why is the charge based on the property? Can we be more transparent and less concerned
Many mispercept that notaries are marketable companies, private institutions or even profit-oriented businesses, which is a very common area of perception. Today i will make clear, in plain language, the nature of the notary office, the logic of the fee, the point of pain and the five practical recommendations to the two councils, all dry and not bending。
First of all, the nature of the notary is not a “private company”
First, emphasis should be placed on the fact that, in accordance with article 6 of the law of the people's republic of china on notary publics, it is clearly stated that notary public bodies are established by law and that they are independent in the exercise of their functions as notaries and civil liability, and are not for profit。
Let's be blunt:
- notary offices are by no means private enterprises, private-funded companies or market entities that are free to profit。
- at present, notary institutions in our country are primarily a career institution, partly a cooperative legal entity, registered in accordance with the law, and all notary institutions, whatever their form, are under the unified supervision of the judicial administration. They must be firmly established as legal, public goods and social credibility, which are the legal bottom line。
So why does everyone think it's like private? At the heart of this is the real pain in daily work:
Fees by object: property inheritance, notarization of wills, etc., are directly linked to the value of the property, a few million houses, and notarial fees amount to tens of thousands, giving the impression that “black money”。
2. Inconvenient: a number of notary offices are not present in the political centres, the crowd is expected to run many errands, the materials are repeated and the experience is poor。
Lack of openness: fee rates, the non-transparent use of funds, a lack of clarity and a feeling of “cataic in it”。
These painful points are precisely the core issues that we would like to call for this two sessions。
Ii. Real pain of the people: why is it so correct
I've collated the experience of dozens of friends around me, and i've drawn up three of the most painful points:
1. Fees are calculated on the basis of the standard and the set of notary fees is in the order of 10,000
- for example, in the case of notarization of property inheritance, the fee is 0. 1 per cent to 0. 3 per cent of the value of the property, and the cost of notarization is $5,000 to $15,000 for a 5 million house。
- a lot of people say, "the notary is a sign, a stamp, and why is that so much money?" "i inherit my parents' house and pay a pass fee?"
2. Run-off and material to collapse
- a friend commissioned a notary and ran three times before and after: first absence of household registration, second absence certificate, third absence certificate。
- many notary offices are not represented in government centres and have no online channels, especially for the elderly, pregnant women and persons with disabilities。
3. The process is not transparent and has no foundation
- many do not know how to calculate notary fees, or where they are spent, but “pay money”。
- some notary's staff are inflexible and unclear, which gives the impression that they are “squealed”。
These painful points are not isolated phenomena, but problems prevalent throughout the country. The two meetings will be devoted to putting these issues on the table and promoting a genuine return of the notary industry to the public good。
Iii. Five practical proposals to the two conferences: enhancing universality heart
In the light of the pain, i have prepared five concrete proposals to be adopted by the representative committee to promote reform of the notary industry:
1. Reform of the fee mechanism to reduce the burden of livelihood
- it is recommended that in civil matters, such as wills, inheritances, commissionings, etc., be charged on a piece basis rather than on a nominal basis. For example, the will is notarized for a total of $200-$500 and inheritance is notarized for $500-$1,000, which is no longer linked to the value of the property。
- the introduction of a fee reduction policy for special groups such as low-income families, persons with disabilities and the elderly, which truly reflects the public good。
2. Advance the “one stop” process to keep the crowd from running legs
- the requirement that all notaries must be present at the government service centre or establish an online platform for “one-time submission, one-way network”。
- promotion of joint models such as “notarial + real estate registration”, “notarial + marriage registration”, which, in the case of property inheritance, wills, wills, etc., are carried out directly and simultaneously, without running multiple departments。
3. Disclosure of fees and use of funds, subject to social oversight
- require all notary offices to have a prominent presence in the network of officials, halls, publicity of fees, use of funds, including salaries, office costs, public goods, etc。
- establishment of a complaints mechanism for notarized fees, with serious accountability for excessive fees and charges。
4. Strengthening workforce development and upgrading service attitudes and professional capacities
- training of notaries on a regular basis to raise professional capacity and awareness of services and to eliminate the phenomenon of “inaccessibility, face and difficulty”。
- the establishment of a notary's examination mechanism, which makes mass satisfaction an important indicator of the appraisal process and pushes services up。
5. Expanding the coverage of notary services to meet diversified needs
- the introduction of services such as electronic notaries and remote notaries, such as online notaries for commissioning, electronic contracts, etc., in response to the new needs of the internet age。
- strengthening notary services for small and medium-sized enterprises, reducing notary costs for enterprises and optimizing the business environment。
Iv. Guidance for ordinary families: 3 sentences to avoid pits
1. Question: the notary is a public service institution, not a private company, and is confronted with excessive fees and poor attitudes and complains directly to the local judicial administration。
2. Advance material: prior to notarization, make a telephone or internet call to ascertain what material is needed to avoid being wronged。
Access to formal channels: only notaries authorized by the administration of justice, and not intermediaries acting as “prompt notaries” to avoid fraud。
