Notarial Practice Course Flashcards
Essay Plan
- Identify client
- Provide regulatory information
- Evaluate document
- Suggested amendments/approach
- Legalisation
- Fees & ID requirements
- Draft act
- Update records
Regulatory Information
- Complaints procedure
- Terms & Conditions
- Off-premises/distance contracts (14-day cancellation)
- Data protection consent
- Money laundering
Document Evaluation
- Who is signing?
- What capacity are they signing in?
- What ID and evidence will they need to provide?
- Are there any issues of capacity?
a. Bankruptcy
b. Mental capacity
c. Language - Formalities (ink, witnesses, stamps, oath, etc.)
- Is the client happy with the contents?
Suggested Amendments
- Confirm major edits with foreign lawyer
- Remove reference(s) that NP cannot certify (marital status, domicile, etc.)
- Correct mistakes (e.g. UK law, wrong company number, etc.)
- Suggest alternative methods if NP cannot act
Legalisation
Is the recipient in a country that is party to the Hague Apostille?
What legalisation is required? Can the document be legalised directly?
Fees & ID
- Give client an accurate price, if possible.
- Ask client to bring ID and proof of address (pay attention to document in case specific ID needed)
- Tell client not to pre-sign
Update Records
- Complete notarial register
2. Retain original act in the protocol, with number (if public form)
South African Oath
I swear that the contents of this declaration are true, so help me God.
South African Affirmation
I truly affirm that the contents of this declaration are true.
Statutory Declaration
I, [NAME], do solemnly and sincerely declare that […] and I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1835
Oath for a Jew
I swear by Almighty God that this is my name and handwriting, that the contents of this, my affidavit, are true [and that this is the exhibit[s] referred to therein].
Sworn on Old Testament
Oath for a Christian
I swear by Almighty God that this is my name and handwriting, that the contents of this, my affidavit, are true [and that this is the exhibit[s] referred to therein].
Sworn on New Testament
Oath for a Sikh
I swear by Almighty God that this is my name and handwriting, that the contents of this, my affidavit, are true [and that this is the exhibit[s] referred to therein].
Sworn on Guru Granth
Oath for a Muslim
I swear by Allah that this is my name and handwriting, the contents of this, my affidavit, are true [and that this is the exhibit[s] referred to therein].
Sworn on Qu’ran
Oath for a Hindu
I swear on the Gita that this is my name and handwriting, that the contents of this, my affidavit, are true [and that this is the exhibit[s] referred to therein].
Sworn on Gita
Affirmation
I do solemenly, sincerely and truly declare and affirm that this is my name and handwriting, that the contents of this, my affidavit, are true [and that this is the exhibit[s] referred to therein].
Jurat of Oath
SWORN at [PLACE], this [XX] of [XX} 2016, before me
Jurat of Affirmation
AFFIRMED at [PLACE], this [XX] of [XX] 2016, before me
Legal Form of a Charity
- Charitable trust (whose trustees may be an incorporated body or not)
- Private limited company
- Charitable incorporated organisation
- Chartered or statutory corporation
Execution of Deeds by Charitable Trust
- Execution by all the trustees, with a witness
- Execution by two trustees pursuant to an authority (s. 333 CA 2011)
- Where the trustees are an incorporated body:
a. Under seal
b. By two trustees pursuant to an authority
c. By a majority of the trustees
Execution of Deeds by a Limited Company
- Execution under seal
- Execution in accordance with s. 44(2) CA 2006
- Execution by attorney (N.B. Also by deed)
Execution of Deeds by CIOs
- Execution under seal
- Execution by two trustees (or one, if sole)
- Execution by attorney (N.B. Also by deed)
Execution of Deeds by Overseas Companies
- Under seal (if foreign law permits)
2. By person authorised in accordance with law of its place of incorporation
Execution of Deeds by Societas Europea
Along the same lines as a limited company
Execution of Deeds by Building Societies
Under seal according to the Rules
Execution of Deeds by Friendly Societies
If unregistered/registered, then as an unincorporated association (i.e. by all members or attorneys in the presence of a witness).
If incorporated, then:
- Under seal
- By the signature of two managers (or one manager and the secretary)
Execution of Deeds by Credit Unions
- Under seal
2. By the signature of two committee members (or one member and the secretary)
Execution of Deeds by General Partnerships
As a GP is not a body corporate, its deeds must be executed by all members (or their attorneys) in the presence of a witness (unless the partner is a body corporate)
Execution of Deeds by Limited Partnerships
An LP is not a body corporate, but its limited partners may not take part in the management, so only the GP needs to sign
Sometimes, there may be an Investment Manager - the NP should review the IMA to see what provisions are in place for execution of deeds
Execution of Deeds by OEICs
- Execution under Seal
- Execution by one ACD
N.B. If the ACD is a limited company, then the normal rules apply.
Elements of an Acknowledgement
- Country and city where taken
- Date (in words)
- Name of the NP
- Address
- Signature
- Seal (and stamp)
- Commission expiry
Notarial Acknowledgement
Kingdom of England )
City of London ) s.s.
ON THIS [DATE IN WORDS], before me, the undersigned N.N., a Notary Public authorised to practise throughout E+W, with offices at [ADDRESS], personally appeared [NAME], who, proved to me on the basis of satisfactory evidence to be the person whose signature appears on the within instrument, acknowledged to me that he executed the same [for and on behalf of [XXX] in his capacity as [XXX]] for the purposes therein named and described.
ISSUED under my hand and seal of office at London, England, this [DATE IN WORDS]
[SIGNATURE] [SEAL] [STAMP]
My commission expires with life.
Elements of a Direct Notarial Certificate
- Name of the NP
- Address
- Date (in words)
- Place
- Signature
- Seal
Records of Notarial Acts
(r. 23 NPR 2014)
1. Name of IP
2. Date
3. Name of intervening party (and Principal)
4. Method of ID
5. Evidence of authority
6. Nature of act
7. Fee
Protesting a Bill of Exchange (Non-Acceptance)
- Is the bill valid?
- Is the bill a foreign bill?
- Has the bill been properly presented?
- Has notice of dishonour been given by holder to drawee?
The NP should make another attempt on the same day or next working day to present, and (if this fails) note the dishonour on the bill/records.
Protesting a Bill of Exchange (Non-Payment)
- Is the bill valid?
- Is the bill a foreign bill?
- Has the bill been accepted?
- Is the bill due for payment?
- Has the been been properly presented for payment?
- Has notice of dishonour been given by holder to drawee?
The NP should make another attempt on the same day or next working day to present, and (if this fails) note the dishonour on the bill/records.
Validity of a Bill of Exchange
A bill of exchange is valid if it is: 1. Unconditional order 2. Addressed to another 3 For payment of a determinate monetary sum 4. At a specific date (or on demand) 5. To a specific person (or the bearer)
N.B. It does not have to be dated by the drawer, nor specifiy a place of payment
Foreign Bills of Exchange
A foreign bill is any bill drawn outside the UK, Channel Islands or Isle of Man
Presentation for Acceptance
A bill will have been properly presented for acceptance, only if it is presented:
- By the holder to the drawee
- On a business day at a reasonable hour
- Before the bill is overdue
- Using reasonable diligence to locate the drawee
Acceptance
A bill will be deemed to have been accepted if:
- It is signed by the drawer
- On the bill
Presentation for Payment
A bill will have been properly presented for payment, only if it is presented:
- By the holder to the drawee
- On a business day at a reasonable hour
- On the day it falls due for payment
- At the proper place of payment, which is either
a. The place specified in the bill
b. The address of the drawee if shown on the bill
c. The drawee’s ordinary place of business if no address shown
d. The drawee’s last-known place of business (or where he can be found)
Elements of a Notarial Protest
- Copy of the bill
- Name of the person requesting the protest
- Place and date of the protest
- Reason for the protest
- Details of the demand made and answer given (or the fact the drawee could not be found)
- Other usual elements of a notarial act (date, seal, etc.)
