Angola Notary Qualification Exam cheat sheet
Angola Notary Qualification Exam · Keep the key ideas within reach.
General Theory of Notarial Law and the Notarial Function
The notary is a public official who authenticates legal acts and gives them public faith (fé pública), exercising a function delegated by the State under the Estatuto do Notariado.
Notarial authentication confers authenticity, enforceability and evidentiary force on the instrument; a notarial deed constitutes full proof of the facts the notary attests.
The notary exercises a liberal profession with a public function; the notary is independent, impartial and bound to advise the parties without representing either.
The notarial function is territorially limited: acts are performed within the notary's district (circunscrição) unless the law permits otherwise.
The notary must verify identity, capacity and legal standing of the parties (legitimação) and the legality of the act before authorizing it.
The notarial deed is a public instrument (documento autêntico); copies are issued as certidões, públicas-formas or traslados with distinct legal value.
Notarial acts divide into escrituras públicas (solemn acts), instrumentos avulsos/termos de autenticação, and mere certifications of facts.
The notary is personally and civilly liable for acts performed; the State may be subsidiarily liable under the applicable statute.
Notarial Deontology, Ethics and Professional Duties
Duties of the notary include independence, impartiality, secrecy (sigilo profissional), diligence, legality and the duty to advise and clarify (dever de esclarecimento).
The notary must refuse an act that is illegal, contrary to public order or good customs, or whose parties lack capacity or legitimation.
Professional secrecy covers facts known in the exercise of the function; disclosure is permitted only where the law expressly requires it or by judicial order.
Conflict of interest rules prohibit the notary from authorizing acts in which the notary, spouse, or close relatives have a personal interest.
The notary may not accept gifts, commissions or benefits linked to the act beyond the legally fixed fees (honorários/emolumentos).
Duty of identification and due diligence (know-your-client) is a deontological and anti-money-laundering obligation of the notary.
Incompatibilities and impediments (impedimentos) require the notary to abstain; acts performed despite impediment may be annullable.
Disciplinary liability of the notary is enforced by the competent professional body (Câmara/Ordem) with sanctions ranging from warning to suspension or removal.
Civil Law (Obligations, Contracts, Real Rights and Family/Inheritance)
Contract formation requires agreement (acordo), capacity of the parties, a lawful object and a lawful cause; vices of consent (error, dolo, coação, lesão) affect validity.
Obligations arise from contracts, unilateral acts, unjust enrichment, negotiorum gestio and civil liability; the debtor answers with all present and future assets.
Real rights (direitos reais) are numerus clausus: ownership, usufruct, use and habitation, surface, servitude, pledge and mortgage; they are opposable erga omnes.
Ownership (propriedade) may be acquired by contract, succession, usucapião (adverse possession), accession or occupation.
Mortgage (hipoteca) is a real security over immovable property that does not transfer possession; it requires a public deed and registration.
In family law, marriage regimes include comunhão de adquiridos (default), comunhão geral and separação de bens; the regime affects the property conveyed.
The notary must verify the matrimonial property regime and the consent of both spouses for acts involving common property.
Succession devolves by law (legítima), by will (testamentária) or by contract; the legitimários (heirs) have a reserved share (legítima).
Commercial Law and Company Law (Incorporation, Amendments, Dissolution)
Commercial companies acquire legal personality upon registration of the constitutive act (escritura pública de constituição) at the Conservatória do Registo Comercial.
The constitutive deed must state firm name, object, registered office, share capital, partners' contributions and management structure.
Amendments to the articles of association (alterações do pacto social), including capital changes, require a public deed and registration.
Company dissolution (dissolução) may occur by expiry of term, partners' resolution, judicial decision or insolvency; it triggers liquidation.
The notary must check company capacity and powers of representation (poderes de representação) of the signatories against the commercial register.
Single-member companies (sociedades unipessoais) are permitted and require express declaration of unipessoalidade in the deed.
Capital reduction requires compliance with creditors' protection rules; the notary verifies the required notices and legal formalities.
The deed must identify the company by firm name, number of registration and registered office, and the act must be registered for opposability to third parties.
Real Estate Law, Land Registry and Property Conveyancing
Conveyance of immovable property (compra e venda de imóveis) requires a public deed (escritura pública) and subsequent land registration.
The notary must verify the property's registration (certidão predial), title chain and absence of encumbrances (ónus, hipotecas, penhoras) before the deed.
Registration (registo predial) is presumed accurate and gives opposability to third parties; priority is determined by the date of the registration request.
The caderneta predial and the certidão de teor matricial confirm the tax and matrix description of the property; descriptions must match.
Urban lease, usufruct, surface rights and easements affecting the property must be disclosed and, where required, registered.
The notary must confirm the property is not subject to expropriation, judicial seizure or other limitation disclosed in the registry.
For transfer of ownership, the deed and the registration request are typically filed together; registration perfects the right against third parties.
Boundary and area discrepancies between the registry, matrix and physical reality must be resolved before the notary authorizes the deed.
Notarial Deeds and Instruments (Drafting, Authentication, Solemn Forms)
An escritura pública is drafted in the notary's protocol, read aloud to the parties, and signed by the parties, witnesses (where required) and the notary.
The instrument must contain: date and place, identification of the notary, identification of the parties, object and terms of the act, and signatures.
The notary must include the parties' declarations (declarações) and the notary's attestation (fé pública) that the act was read and understood.
Witnesses (testemunhas instrumentárias) are required where a party is unable to sign, blind, or otherwise legally specified.
Traslados (copies with full force) and certidões are issued from the protocol; only the notary with custody may issue them.
The notary must verify and record identity documents (Bilhete de Identidade, passport) and the documents supporting the parties' declarations.
Nullity of the deed results from absence of essential elements, incapacity, or lack of the required solemn form; the notary must avoid such defects.
The deed must be written without blanks, erasures or interlineations; corrections require formal ressalva signed by the notary and parties.
Succession, Wills and Inheritance Procedures
A will (testamento) is a unilateral, revocable act; solemn forms include the testamento público (before a notary) and the testamento cerrado and internacional.
The testamento público is drawn by the notary, read to the testator in the presence of witnesses and signed by all.
The legitimários (forced heirs) are entitled to the legítima; the testator may freely dispose only of the quota disponível.
Succession is opened at the moment of death and the place of the deceased's last domicile; the notary handles the habilitação de herdeiros where applicable.
The habilitação de herdeiros establishes the heirs and their shares; it precedes the partition (partilha) of the estate.
The partilha may be made by public deed (escritura de partilha) or by private document confirmed by the notary, and must be registered for immovable property.
The notary must verify the deceased's will (certidão de testamento/registos) and the absence of later wills before opening the succession.
Revocation of a will is express (new will or public act) or tacit (later incompatible will); the notary must register the revocation.
Civil Registry, Identification and Family Law Matters
The Conservatória do Registo Civil records birth, marriage, death, nationality and other status facts; the notary relies on these records for legitimation.
Birth registration establishes filiation and is the basis for the Bilhete de Identidade and for capacity checks in notarial acts.
Marriage may be celebrated in civil form before the Conservador or in the notary's presence where the law allows; the regime must be stated.
Divorce by mutual consent may be processed before the Conservatória or by notary where no minor children are involved and legal requirements are met.
The notary must verify civil status (estado civil) and, for married parties, the matrimonial property regime before conveying property.
Name changes and rectification of civil registry acts follow administrative or judicial procedure; the notary cannot alter registry facts.
Adoption, emancipation and parental authority affect capacity and require registry evidence before the notary authorizes acts involving minors.
Powers of attorney (procurações) and their revocation must be verified against the registry and the original instrument before use.
Anti-Money-Laundering, Compliance and Notarial Record-Keeping
Notaries are obliged entities under anti-money-laundering law: they must identify clients, beneficial owners and the purpose of the transaction.
Customer due diligence (CDD) includes identification, verification, and, for higher-risk cases, enhanced due diligence (EDD).
Suspicious transaction reports (comunicações de operações suspeitas) must be sent to the competent authority (UIF/central unit) without tipping off the client.
Cash transactions above the legally set threshold must be reported; the notary records the origin of funds where required.
Record-keeping obligations require retention of client identification and transaction documents for the legally prescribed period (typically five years or more).
Politically exposed persons (PEPs) trigger enhanced measures, including senior management approval and source-of-funds verification.
The notary must maintain the protocol and an index (repertório) of acts, ensuring traceability and availability for inspection.
Non-compliance with AML duties may lead to disciplinary, administrative and criminal liability of the notary.
Notarial Fees, Taxation of Acts and Procedural Practice
Notarial fees (emolumentos/honorários) are set by the applicable table (tabela de emolumentos) and vary with the value and nature of the act.
Fees are calculated on the value declared by the parties (valor do ato); undervaluation may be corrected by the tax authority.
Stamp duty (imposto do selo) applies to notarial deeds and is collected by the notary as the assessing entity in many acts.
Property transfer tax (imposto sobre a transmissão de imóveis) must be settled or exempted before the deed of conveyance is authorized.
The notary must verify tax clearance (certidão de não dívida) and payment of applicable taxes before completing certain acts.
The deed must state the value, the fees charged and the taxes collected; the notary issues the corresponding receipts.
Procedural practice: the notary fixes the date and time (agendamento), verifies documents, drafts the instrument, and files it in the protocol.
The notary must refuse the act where legally required documents or tax proofs are missing, recording the refusal where applicable.
General Theory of Notarial Law and the Notarial Function (Supplementary)
The notary's public faith (fé pública) means the notary's attestation is presumed true until proven otherwise by judicial decision.
Notarial acts are classified as: escrituras, instrumentos avulsos, termos de autenticação, certidões and atos de registo notarial.
The notary's competence is defined by the district (circunscrição) and by the nature of the act; acts outside competence are null.
The notary maintains the protocol (arquivo) which is the official repository of all deeds; the protocol is inalienable and under State supervision.
The notary must verify legal capacity (capacidade) and legitimation (legitimação) of the parties before authorizing the act.
The notarial function is subject to inspection by the competent authority and to the Estatuto do Notariado.
The notary is a public official but acts with professional independence; the notary advises the parties but does not represent them.
The notarial deed is a título executivo where the law so provides, enabling enforcement without a prior court judgment.
Notarial Deontology, Ethics and Professional Duties (Supplementary)
The duty of impartiality requires the notary to treat all parties equally and to disclose any circumstance that could affect independence.
The notary must not authorize acts where a party's consent appears vitiated or where there is evidence of fraud or illegality.
Professional secrecy is a duty and a right; the notary may not be compelled to disclose facts covered by secrecy except by law.
The notary must keep updated knowledge of the law and maintain the required professional competence.
Confidentiality extends to the protocol and to client documents; access is limited to legally authorized persons.
The notary must avoid conflicts of interest and abstain where personal, family or financial interests are involved.
Advertising and solicitation are restricted; the notary must not engage in practices that compromise the dignity of the profession.
Breach of deontological duties may lead to disciplinary sanctions and civil liability for damages caused.
Civil Law (Obligations, Contracts, Real Rights and Family/Inheritance) (Supplementary)
A contract is void where its object is impossible, unlawful or indeterminate; it is annullable where consent is vitiated.
The debtor is liable for performance and for damages for non-performance; the creditor may seek specific performance or termination.
Real rights over immovable property are acquired by contract plus registration; possession alone does not confer ownership except by usucapião.
The mortgage must be constituted by public deed and registered; it follows the property in the hands of third parties.
In marriage, the default regime is comunhão de adquiridos; prenuptial agreements (convenções antenupciais) may choose another regime.
The notary must verify the matrimonial regime and the consent of both spouses for acts involving common property.
Succession devolves by law, will or contract; the legitimários have a reserved share that cannot be disposed of by will.
Inheritance acceptance may be pure and simple or with benefit of inventory; the notary documents the acceptance in the habilitação.
Commercial Law and Company Law (Incorporation, Amendments, Dissolution) (Supplementary)
The constitutive deed (escritura de constituição) must state firm name, object, registered office, capital, partners and management.
Company amendments, including capital increases or reductions, require a public deed and registration.
Dissolution occurs by expiry of term, partners' resolution, judicial decision or insolvency; liquidation follows.
The notary must verify the company's capacity and the powers of the signatories against the commercial register.
Single-member companies require express declaration of unipessoalidade in the deed.
Capital reduction requires compliance with creditors' protection rules and the required notices.
The deed must identify the company by firm name, registration number and registered office; registration is required for opposability.
The notary must verify the company's tax and social security clearance where required for the act.
Real Estate Law, Land Registry and Property Conveyancing (Supplementary)
Conveyance of immovable property requires a public deed and subsequent land registration.
The notary must verify the property's registration (certidão predial), title chain and absence of encumbrances before the deed.
Registration is presumed accurate and gives opposability to third parties; priority is determined by the date of the registration request.
The caderneta predial and the certidão de teor matricial confirm the tax and matrix description; descriptions must match.
Urban lease, usufruct, surface rights and easements affecting the property must be disclosed and, where required, registered.
The notary must confirm the property is not subject to expropriation, judicial seizure or other limitation disclosed in the registry.
For transfer of ownership, the deed and the registration request are typically filed together; registration perfects the right against third parties.
Boundary and area discrepancies between the registry, matrix and physical reality must be resolved before the notary authorizes the deed.
Notarial Deeds and Instruments (Drafting, Authentication, Solemn Forms) (Supplementary)
An escritura pública is drafted in the notary's protocol, read aloud to the parties, and signed by the parties, witnesses (where required) and the notary.
The instrument must contain: date and place, identification of the notary, identification of the parties, object and terms of the act, and signatures.
The notary must include the parties' declarations and the notary's attestation (fé pública) that the act was read and understood.
Witnesses (testemunhas instrumentárias) are required where a party is unable to sign, blind, or otherwise legally specified.
Traslados and certidões are issued from the protocol; only the notary with custody may issue them.
The notary must verify and record identity documents and the documents supporting the parties' declarations.
Nullity of the deed results from absence of essential elements, incapacity, or lack of the required solemn form.
The deed must be written without blanks, erasures or interlineations; corrections require formal ressalva signed by the notary and parties.
Succession, Wills and Inheritance Procedures (Supplementary)
A will (testamento) is a unilateral, revocable act; solemn forms include the testamento público, testamento cerrado and testamento internacional.
The testamento público is drawn by the notary, read to the testator in the presence of witnesses and signed by all.
The legitimários (forced heirs) are entitled to the legítima; the testator may freely dispose only of the quota disponível.
Succession is opened at the moment of death and the place of the deceased's last domicile.
The habilitação de herdeiros establishes the heirs and their shares; it precedes the partition (partilha) of the estate.
The partilha may be made by public deed or by private document confirmed by the notary, and must be registered for immovable property.
The notary must verify the deceased's will and the absence of later wills before opening the succession.
Revocation of a will is express (new will or public act) or tacit (later incompatible will); the notary must register the revocation.
Civil Registry, Identification and Family Law Matters (Supplementary)
The Conservatória do Registo Civil records birth, marriage, death, nationality and other status facts; the notary relies on these records for legitimation.
Birth registration establishes filiation and is the basis for the Bilhete de Identidade and for capacity checks in notarial acts.
Marriage may be celebrated in civil form before the Conservador or in the notary's presence where the law allows; the regime must be stated.
Divorce by mutual consent may be processed before the Conservatória or by notary where no minor children are involved and legal requirements are met.
The notary must verify civil status and, for married parties, the matrimonial property regime before conveying property.
Name changes and rectification of civil registry acts follow administrative or judicial procedure; the notary cannot alter registry facts.
Adoption, emancipation and parental authority affect capacity and require registry evidence before the notary authorizes acts involving minors.
Powers of attorney (procurações) and their revocation must be verified against the registry and the original instrument before use.
Anti-Money-Laundering, Compliance and Notarial Record-Keeping (Supplementary)
Notaries are obliged entities under anti-money-laundering law: they must identify clients, beneficial owners and the purpose of the transaction.
Customer due diligence (CDD) includes identification, verification, and, for higher-risk cases, enhanced due diligence (EDD).
Suspicious transaction reports must be sent to the competent authority (UIF/central unit) without tipping off the client.
Cash transactions above the legally set threshold must be reported; the notary records the origin of funds where required.
Record-keeping obligations require retention of client identification and transaction documents for the legally prescribed period.
Politically exposed persons (PEPs) trigger enhanced measures, including senior management approval and source-of-funds verification.
The notary must maintain the protocol and an index (repertório) of acts, ensuring traceability and availability for inspection.
Non-compliance with AML duties may lead to disciplinary, administrative and criminal liability of the notary.
Notarial Fees, Taxation of Acts and Procedural Practice (Supplementary)
Notarial fees (emolumentos/honorários) are set by the applicable table (tabela de emolumentos) and vary with the value and nature of the act.
Fees are calculated on the value declared by the parties (valor do ato); undervaluation may be corrected by the tax authority.
Stamp duty (imposto do selo) applies to notarial deeds and is collected by the notary as the assessing entity in many acts.
Property transfer tax (imposto sobre a transmissão de imóveis) must be settled or exempted before the deed of conveyance is authorized.
The notary must verify tax clearance (certidão de não dívida) and payment of applicable taxes before completing certain acts.
The deed must state the value, the fees charged and the taxes collected; the notary issues the corresponding receipts.
Procedural practice: the notary fixes the date and time, verifies documents, drafts the instrument, and files it in the protocol.
The notary must refuse the act where legally required documents or tax proofs are missing, recording the refusal where applicable.