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How to Apply for Evidence Preservation Notarization
2024-04-02 18:37
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  The evidence preservation notarization is the act carried out by the notary public institute to extracts collect and store, record or describe evidence and acts which are related to rights and interests of the parties concerned and which possess legal significance, or to certify the act of evidence collection on the part of the applicant in accordance with the application of a natural person, a legal person or other types of organizations.


  The practice of notarization is an internationally accepted important legal means facilitating the development and protection of intellectual property, playing a pre-eminent role in intellectual property authentication, circulation and rights protection. The notary public office can notarize and certify the authenticity and legality of rights and conducts involving establishment, circulation and remedy for copyright, patent right and trademark right of the applicant.


  Special Notes:


  ★ The following list of materials is for reference only as specific materials may be required based on your case and requirements of notaries public.


  ★ The provision of certifying materials shall be originals and corresponding number of photocopies, unless otherwise specified. The photocopies shall be complete and clear and in conformity with the original (as for ID Card, the front and the reverse side shall both be copied).


  ★ The notarized evidence can serve as basis based on which the people's court and the arbitration institute can then ascertain facts. However, the people's court or the arbitration institute should be the organ that decides whether or not to support your claims.


  ★ An appointment is to be made with notaries public for handling notarization after the preparation of certifying materials.


  ★ Types of Evidence Preservation Notarization:


  1. Preservation of instruments;


  2. Preservation of physical evidence;


  3. Preservation of video and audio materials and electronic data;


  4. Preservation of testimony of witnesses and statement of parties concerned;


  5. Preservation of process of acts and facts.


  The following materials are required for handling evidence preservation notarization:


  I. Identity materials of the applicant


  ① Chinese mainland citizens shall provide ID Card and household register;


  ② Foreigners shall provide Passport;


  ③ Residents of Taiwan, China shall provide Mainland Travel Permit for Taiwan Residents and ID Card;


  ④ Residents of Hong Kong and Macao, China shall provide Mainland Travel Permit for Hong Kong and Macao Residents and ID Card;


  ⑤ A legal person or other types of organizations shall provide business license, organization code certificate (within validity period of annual inspection), qualification certificate and ID Card for legal representative, and official seal of the organization;


  II. Evidence to be preserved and documents and materials which can prove possibility of loss of evidence and the existence of legal relationship between the parties concerned and the fact of loss;


  III. Written statement specifying reason and use for the application for evidence preservation, as well as approach or method whereby the evidence is obtained.


  IV. The Power of Attorney and the ID Card of the attorney shall be provided if an attorney is entrusted to make the application.


  V. Other certifying materials deemed necessary by the notary public office.