Notarial Acts, Certification, and Enforcement Instruments
The catalogue of acts
Know the main categories: certification of transactions; certification of copies and extracts; certification of signatures and of the time of presentation; attestation of facts (e.g. a person being alive, presence at a place); protest of bills; acceptance of documents for safekeeping; issuance of enforcement inscriptions; and the deposit of money or securities. For each, know the required documents, the notary's verification duties, and the resulting instrument's legal force.
Enforcement inscriptions
The enforcement inscription is the exam's favourite: it converts certain undisputed obligations (typically those in a notarised transaction or a loan document with a pledge) into an enforceable instrument without a court. Learn the conditions: the obligation must be documented, undisputed, due, and within the statutory list; the debtor must be given notice and an opportunity to object within a short term; if the debtor objects, the notary does not issue the inscription and the creditor must go to court. Trap: issuing an inscription where the claim is disputed or the amount is unliquidated.
Certification practice
Certification of a copy requires the original or a certified copy; certification of a signature does not certify the content of the document. A classic trap: a notary certifying a signature is not confirming the truth of the facts stated in the document.
Rule of thumb
For any enforcement instrument, run 'D-D-D-O': Documented obligation, Due, Documented default, Opportunity to object. Fail one and the inscription is unlawful.
Worked example: A creditor presents a notarised loan agreement with a pledge and demands an enforcement inscription. The debtor objects in writing within the term. The notary must refuse the inscription; the creditor's route is a court claim, not a second demand.