New Law of Notary adopts the double-tracked system which provides “court notaries” and “private notaries”

E010221Y9 Mar. 2001（E19）

Source: The Liberty Times 02/21/2001

Translated by P.C. Lue

 

    The new Law of Notary will be enacted from April 23, 2001. The most significant feature of the Law is that the law adopts the double-tracked system which provides “court notaries” and “private notaries.” It is a material change since the Law of Notary of this country was enforced nearly sixty years ago. Further, it is the first of its kind in the world in terms of the notary system. From the economic and the judicial resource aspects, generally setting up “private notaries” will bring great help to reduce legal disputes arising from legal documents that were not notarized and to avoid waste of litigation resources. Further, a private notary is considered as “a personnel dealing with public affairs” as provided by the Criminal Law when he performs notary or authentication affairs. In view of the special legal position of a private notary, it is necessary to set up a precise system of superintendency and a complete system of discipline.

 

    The highest-level organization to supervise private notaries is the Judicial Yuan. If a private notary’s conduct is incommensurate with his position to the extent that such conduct has broken the law and violated discipline and affected people’s reliance on the notary system, the “Commission of Discipline” or the “Commission of Re-trial for Discipline” may separately punish the private notary with “reprimands,” “fines,” “suspension from duties” or “dismissal from duties.” Moreover, the resolution made by the “Commission of Re-trial for Discipline” has the same irrevocable effect as a final judgment.
TIPLO ECARD Fireshot Video TIPLOBrochure_English TIPLO News Channel TIPLO TOUR 7th FIoor TIPLO TOUR 15th FIoor