A Study on the Legal Nature of Cooperative Notaries
Regarding the legal nature of the cooperative notary,there is a lack of clear response in the Notary Code and notarization reform documents,and there are also academic disputes and theoretical limitations.Social service institution is a sub-type of the donor legal person.Whether the cooperative notary should be regarded as the social service institution is essentially the question of whether it can be classified as a donor legal person.The key to deciding whether members of a cooperative notary could obtain the dividends based on the share of contribution is the profit-making or non-profit-making purpose of the entity;the key to deciding whether the members'share of contribution could be inherited is the professionalism of their services and the trust between them.There is a fundamental difference of the inside structure between a cooperative notary and donor legal person.The cooperative notary should be regarded as a professional service provider established as a special general partner-ship.The special general partnerships have consistency with the cooperative notary in terms of organizational structure,prop-erty foundation,responsibility assumption,and purpose of entity.
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