Inquiries about Savings under the Name of the Deceased in the Process of Succession Notarization
2018-07-29 1272
- Document Number:No. 78 [2013] of
the Ministry of Justice
- Area of Law: Marriage,Family
Support,Adoption,and Inheritance Banking
& Finance
- Level of Authority: Departmental Regulatory Documents
- Date issued:03-19-2013
- Effective Date:03-19-2013
- Issuing Authority: Ministry of Justice China Banking Regulatory
Commission
- Status: Effective
Notice of the Ministry of
Justice and the China Banking Regulatory Commission on Matters Related to
Inquiries about Savings under the Name of the Deceased in the Process of Succession
Notarization
(No. 78 [2013] of the Ministry of Justice)
The departments (bureaus) of justice of all provinces, autonomous regions, and
municipalities directly under the Central Government; the Bureau of Justice of
Xinjiang Production and Construction Corps; all local offices of the China
Banking Regulatory Commission (“CBRC”); all state-owned commercial banks and
joint stock commercial banks; and Postal Savings Bank of China:
For the purposes of safeguarding the lawful rights and interests of depositors
and their successors, facilitating applications for savings succession
notarization by the parties, and ensuring timely completion of transfer or
payment procedures for bank savings, in accordance with the Law on Commercial Banks, the Notary Law, the Succession Law, and other relevant laws and
regulations in China, you are hereby notified of the following matters related
to inquiries about savings under the name of the deceased in the process of
succession notarization:
I. A successor whose identity has been verified by a notary public may inquire
about savings of the deceased in all banking financial institutions on the
basis of a Savings Inquiry Letter issued by the notary public.
In issuing a Savings Inquiry Letter, a notary public shall verify that the
depositor has died and the applicant for inquiry is the legal successor of the
depositor.
II. Upon receipt of a Savings Inquiry Letter, a banking financial institution
shall handle the inquiry for the successor in a timely manner, and issue an
Advice of Savings Inquiry Results.
Where there are two or more successors, they may each or jointly make inquiries
to a banking financial institution. An applicant for inquiry may sign a Power
of Attorney as witnessed by a notary public, authorizing another person to make
inquiries on his or her behalf.
III. If a notary public needs to verify the bank savings of the deceased in the
process of succession notarization, banking financial institutions shall
provide assistance.
IV. In the process of succession notarization, this Notice shall also apply to
inquires about and verification of other property rights and interests of a
nature of legacy which banking financial institutions manage or have knowledge
of.
V. Notaries public and banking financial institutions shall enhance their
collaboration, effectively conduct work on savings inquires and verification,
practically safeguard the lawful rights and interests of depositors and their
successors, and maintain the order of transfer and payment of bank savings.
VI. This Notice shall come into force on the date of issuance. Problems
encountered in the implementation of this Notice shall be interpreted by the
Ministry of Justice in conjunction with the CBRC.
The departments (bureaus) of justice of all provinces (autonomous regions or
municipalities) and the local offices of the CBRC shall forward this Notice to
the notaries public, CBRC sub-offices, and banking financial institutions
within their respective jurisdictions.
Annexes: 1. Format of a Savings Inquiry Letter (Omitted)
2. Format of an Advice of Savings Inquiry Results (Omitted)
3. Format of a Power of Attorney (Omitted)
Ministry of Justice
China Banking Regulatory Commission
March 19, 2013