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1、精选优质文档-倾情为你奉上律师见证业务工作细则Implementing Rules for Business of Lawyer as Witness (these “Rules”)（中华全国律师协会2007年制订）Issued by the All China Lawyers Association (the “ACLA”) in 2007第一章 总则Chapter I General Provisions 第一条为了加强律师见证业务工作的规范化管理，根据的规定，结合见证工作实务，特制定本细则。Article 1 These Rules are formulated in order to
2、strengthen and streamline the management of business of lawyer as witness in accordance with the Law of the Peoples Republic of China on Lawyers and in light of the actual conditions of the witness business. 第二条律师见证是指律师应客户的申请，根据见证律师本人亲身所见，以律师事务所的名义依法对具体的法律事实或法律行为的真实性、合法性进行证明的一种活动。Article 2 Lawyer as
3、 witness (the “Lawyer as Witness”) refers to the activity of the said lawyer, on behalf of the law firm, proving the authenticity and legality of any specific legal fact or act based on what the said lawyer personally saw in accordance with the application of the client. 第三条律师见证的时间应当是被见证的法律行为发生之时。Ar
4、ticle 3 The timing of the Lawyer as Witness is when the legal act subject to witness is happened.第四条律师见证的空间应当是律师本人在见证时视眼所能见到的范围。Article 4 The space of the Lawyer as Witness is the range of the place where the eyes of the said lawyer can actually see.第五条从事见证工作的律师必须具备律师资格，并持有律师执业证。Article 5 The lawyer
5、 engaging in witness business must be qualified to practice law and has the lawyers practice license.第二章 见证业务应遵循的基本原则Chapter II Fundamental Principles of the Witness Business第六条自愿原则，即根据客户的申请就客户申请的事项进行见证。Article 6 The principle of free will, i.e., a lawyer can only witness what the client has applied
6、 him/her to witness.第七条直接原则，即仅能就律师本人视眼所见范围内发生的具体法律事实进行证明。Article 7 The principle of naked eye, i.e., a lawyer can only witness what he/she can actually see in the space of the Lawyer as Witness.第八条公平原则，即真实的反映客户的意思表示，客观的确认正在发生的法律行为。Article 8 The principle of fairness, i.e., a lawyer should correctly
7、reflect the clients manifestation of intent and objectively witness the legal act occurring 第九条回避原则，即律师不得办理与本人、配偶或本人、配偶的近亲属有利害关系的见证业务。Article 9 The principle of disqualification, i.e., a lawyer should not conduct the witness business which himself/herself or his/her spouse, or which the near relativ
8、es of himself/herself or his/her spouse apply for.第十条坚持以事实为根据，以法律为准绳的原则。Article 10 The lawyer engaging in witness business must act in accordance with the fact and comply with the law.第十一条律师对客户申请办理见证的事务，应当保守秘密。Article 11 The lawyer engaging in witness business must keep confidential the affairs subj
9、ect to Lawyer as Witness applied by the client.第三章 见证业务的范围Chapter III The Scope of Lawyer as Witness第十二条律师可以承办下列见证业务：Article 12 The scope of Lawyer as Witness includes the following: （一）各类经济合同的签订与履行行为；(a) The execution and performance of any civil contracts;（二）企业章程、董事会决议、转股协议等法律文书；(b) Legal document
10、s such as articles of association, board resolution, equity purchase agreement, and the like;（三）继承、赠与、转让、侵害等民事行为；Legal act such as inheritance, gift, assignment, infringement, and the like; and（四）各种委托代理关系；Various principal-agent relationships.第十三条凡是法律法规行政规章规定不应由律师见证的不得见证。Article 13 A lawyer shall no
11、t witness what the laws and regulations prohibit that lawyer to witness.第四章 见证的工作程序Chapter IV The Procedure of Lawyer as Witness第十四条律师与申请见证的当事人谈话，应当制作笔录。Article 14 The lawyer engaging in witness business must discuss with the client applying for Lawyer as Witness and take notes.第十五条律师同意受理的应当与客户签订见证委
12、托合同，重大疑难见证业务必须经所主任审批。合同中应明确载明客户与见证律师双方的权利与义务。Article 15 The lawyer engaging in witness business must enter into an entrustment agreement with the client, and where the affairs subject to Lawyer as Witness are major and complicated, the entrustment agreement must be signed by the managing partner of
13、the law firm. The entrustment agreement should clearly state the rights and obligations of the client and the lawyer engaging in witness business.第十六条接受客户委托后，所里应指派两名律师进行见证工作；Article 16 After entrusted by the client, the law firm shall assign two lawyers to carry out the witness business.第十七条律师办理业务的收
14、费标准：Article 17 The charging standard of the business of Lawyer as Witness is as follows:（一）涉及财产的见证，按非诉讼业务的收费标准收取；(a) If the witness is related to any asset, the fees should be charged in accordance with the standard of non-litigation business; and（二）非财产的见证收费，由双方协商收取。(b) If the witness is not related
15、 to any asset, the fees should be charged through negotiation.第十八条承办律师在出具律师见证书前应先审查以下主要内容：Article 18 Before issuing the “Lawyer as Witness Report”, the lawyer carrying out the witness business should review and verify the following aspects: 1、客户是否具有民事权利能力和民事行为能力；(a) Whether the client has capacity f
16、or civil rights and capacity for civil conducts;2、客户的意思表示是否真实；(b) Whether the clients manifestation of intent is genuine;3、客户所要求见证的事项是否合法；(c) Whether the affairs subject to Lawyer as Witness are legitimate; and4、客户提供的证明材料和其他文件是否具有真实性、合法性、完整性和有效性。(d) Whether the materials subject to Lawyer as Witness
17、 and other documents provided by the client are genuine, valid, complete, and effective.第十九条承办律师按前条规定审查无误后，应填写律师见证书审批表，由业务主管审批后，出具律师见证书。Article 19 After reviewing and verifying the foregoing aspects, the lawyer carrying out the witness business should fill out the “approval form for Lawyer as Witnes
18、s Report”, and upon consent by the managing partner, the lawyer carrying out the witness business should issue the Lawyer as Witness Report.第二十条律师见证书主要内容包括：Article 20 The contents of the Lawyer as Witness Report shall include the following: 1、客户委托见证事项；(a) The clients affairs subject to Lawyer as Wit
19、ness;2、律师见证的过程；(b) The procedure of the Lawyer as Witness;3、律师见证的法律依据；(c) The basis of the Lawyer as Witness;4、律师见证的结论；(d) The conclusion of the Lawyer as Witness;5、见证律师的签字，并由律师事务所盖章；(e) The signature of the lawyers carrying out the witness business and the seal or chop of the law firm; and6、律师见证的时间
20、。(f) The timing of the Lawyer as Witness.第二十一条律师见证书的份数可按客户的需要进行制作，并可增发若干副本。Article 21 The Lawyer as Witness Report can be issued in duplicates according to clients request and may be re-issued.第二十一条律师见证书由所统一编号后打印、盖章。Article 22 The Lawyer as Witness Report shall be uniformly numbered and sealed or ch
21、opped by the law firm.第二十三条见证业务办理完毕后，承办律师应按档案管理的要求立卷归档，送办公室统一保管。Article 23 After the Lawyer as Witness is completed, the lawyer carrying out the witness business shall file archives and send the relevant materials to the office for safekeeping in accordance with the file management requirements.第五章
22、工作责任Chapter V The Liabilities第二十四条如发现客户有违法动机或内容，承办律师应予以制止并拒绝见证。Article 24 The lawyer carrying out the witness business shall stop and refuse to carry out the Lawyer as Witness if he/she finds that the client has motive to violate the law and there is any illegal matter.第二十五条重大见证和疑难见证应提交主任办公会集体讨论研究决定。Article 25 If the affairs subject to Lawyer as Witness are major and complicated, it shall be submitted to the directors office of the law firm for collective discussion and determination.专心-专注-专业