Chapter 4: Attestation
When notaries attest documents, they shall make deeds of attestation.
When attesting private documents, notaries shall require relevant parties to sign before the notaries or to acknowledge their signatures, and indicate aforementioned situations in deeds of attestation.
When attesting official documents, notaries shall verify the authenticity of the documents according to their formality and tenor.
When attesting transcriptions or photocopies of official or private documents, notaries shall compare above-mentioned documents with the verified original or authentic documents and assure their conformity. Aforementioned requirement shall be indicated in the transcription or photocopies.
When attesting translations of documents, notaries shall review the correctness of translation and affix the original texts after the translations. The preceding three paragraphs apply to the attestation of translation.
When there are insertions, deletions, alterations, damages or apparently dubious points on the documents’ formality, notaries shall indicate aforementioned conditions in deeds of attestation. Notaries may make investigation when necessary.
Notaries may attest private documents declaring facts regarding private rights only when the documents are made for use outside the territory of the R.O.C. Notaries may require applicants who make the documents to show up in person and sign affidavits.
When the aforementioned documents are prepared to be presented to courts or other agencies for evidence according to laws or other regulations authorized by laws, notaries may attest the documents following the methods stipulated in the preceding paragraph.
When signing affidavits prescribed in the preceding Article, applicants shall indicate they will tell the truth without any falsification in affidavits. Before applicants sign affidavits, notaries shall explain applicants the meaning of signing affidavits and the punishment for making false statements
When applying for attestation, applicants shall provide transcriptions or photocopies of documents.
Notaries and those who are present when attesting documents shall sign on the deed of attestation. Notaries shall affix their official seals or steel stamps on the deeds of attestation. A deed of attestation shall contain following items :
1. The document number of the deed of attestation;
2. The type of attestation according to Article 101;
3. The date and place of attestation.
Deeds of attestation made according to paragraph 1 of Article 101, shall contain matters stipulated by Paragraphs 3, 4, 6, and 7 of Article 81.
Deeds of attestation shall be affixed on the attested documents. Notaries who attest the document and those who are present shall affix impression of their stamps on the adjacent edges between the deeds of attestation and the attested documents. Other methods may be utilized to demonstrate the consecution of the deeds and the attested documents.
Notaries may add notations directly on attested documents instead of affixing deeds of attestation. The notation shall state items stipulated in paragraph 1 of the preceding Article. Notaries shall sign and impress their official seals or steel stamps over the notation.
Notaries who attest private documents according to paragraph 1 of Article 101 with the method mentioned in the preceding paragraph shall indicate the items stipulated in paragraph 2 of the preceding Article. However, if the items mentioned above are stated in the application forms or documents to be attested, paragraph 2 of the preceding Article does not apply.
Provisions in the preceding cChapter regarding notarization shall apply mutatis mutandis to attestation, unless the same matter is regulated in this Chapter.