1. notarization of power of attorney: refers to the activity of the state notary office to prove the authenticity and legality of the expression of intention of the client to authorize others to carry out a certain legal act in his own name according to the application of the parties.
Processing flow:
To handle the entrusted notarization, it shall be handled at the notary office of the client's domicile or the place where the entrusted act takes place.
A person without capacity can't carry out entrustment, and a person with limited capacity can only carry out entrustment with the consent of his guardian.
Entrustment is a legal act closely related to me, and the client must go to the notary office in person for notarization, and may not entrust others to handle it on his behalf.
If there are special circumstances (such as walking still, seriously ill, etc.). ), you can apply to the notary office, which will send a notary to the place of residence for notarization.
Entrusting behavior must be the true expression of the will of the client, and the entrusted content should be true and legal. The power of attorney is the unilateral expression of the client's will, and it can only take effect when the agent expresses his acceptance of the entrustment.
The sub-trustor must have the right to sub-entrust, and the authority and time limit for sub-entrustment shall not exceed the original authority and time limit.
Main information required for processing:
If an individual citizen notarizes the power of attorney, he/she shall submit the client's identity certificate (resident ID card and household register), and if a legal person entrusts it, he/she shall submit the legal person qualification certificate and the legal representative's identity certificate;
If the entrusted contract is notarized, the identity certificate, qualification certificate and supporting materials related to the entrusted matters of the trustee shall be provided (if others are entrusted to handle the house sale, the client shall submit the house ownership certificate).
When the sub-principal applies for sub-entrustment notarization, he shall submit the certificate of sub-entrustment right.
Power of attorney or entrustment contract.
2. Minors can apply for real estate license as obligees.
However, the guardianship certificate and guardian's identity certificate should be submitted when handling, and the name of the legal guardian should be indicated on the property certificate. Because minors are persons without or with limited capacity for civil conduct, they must abide by relevant laws and regulations when dealing with real estate.
China's General Principles of Civil Law stipulates that "parents of minors are guardians of minors" and that "guardians of minors are his legal representatives." Parents of minors, as legal representatives of minors, can buy houses on their behalf. However, if the house is sold or mortgaged when the children are underage, according to the provisions of the General Principles of the Civil Law, "the property of the ward shall not be disposed of except for the benefit of the ward." Therefore, the legal representative has no right to dispose of the house of the ward at will. In real life, if it is for the benefit of minors, it is necessary to obtain evidence. Whoever, in violation of the provisions of the General Principles of Civil Law, disposes of minors' property without authorization shall bear civil liability by his legal guardian.