Can a Notary Public Revoke a Notarized Contract?

Can a notary public annul a notarized contract? Does a notary public have the authority to request the Court to declare a notarized document invalid?I have signed a contract for the transfer of land use rights to Mr. and Mrs. Tam. The contract has been notarized. The transfer of the land use rights to Mr. and Mrs. Tam has not been registered. Currently, we do not want to proceed with this transfer anymore. May I ask if the notarized land transfer contract can be annulled?

Are Notaries Authorized to Cancel a Notarized Contract?

Pursuant to Article 51 of the Notarization Law 2014 that regulates the notarization of modifications, supplements, and cancellations of notarized contracts and transactions as follows:

1. The notarization of the modification, supplementation, and cancellation of notarized contracts and transactions shall only be conducted when there is a written agreement and commitment from all parties involved in the contract or transaction.

  1. The notarization of the modification, supplementation, and cancellation of notarized contracts and transactions shall be conducted at the notarization practice organization that conducted the original notarization and executed by the notary. In the event the notarization practice organization that conducted the original notarization ceases operation, converts, transfers, or dissolves, the notary of the notarization practice organization currently storing the notarization dossier shall execute the modification, supplementation, and cancellation of contracts and transactions.

  2. The procedure for notarizing the modification, supplementation, and cancellation of notarized contracts and transactions shall be conducted in the same manner as the procedure for notarizing contracts and transactions as stipulated in this Chapter.

Therefore, if the authorizing party does not agree to cancel the power of attorney contract, the notary cannot notarize the cancellation of the contract that the parties have concluded. Consequently, you can request the notary to cancel the contract and secure a written commitment from all parties involved in the contract.

Do Notaries Have the Right to Request the Court Declare a Notarized Document Invalid?

Based on Article 52 of the Notarization Law 2014 which regulates the individuals entitled to request the Court to declare a notarized document invalid as follows:

Notaries, individuals requesting notarization, witnesses, interpreters, individuals with lawful rights and interests, and competent state agencies have the right to request the Court to declare a notarized document invalid when there are grounds to believe that the notarization violated the law.

Thus, notaries have the right to request the Court to declare a notarized document invalid.

Best regards!

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