Notarial Deontology, Ethics and Professional Duties
Core concepts
Deontology governs the notary's conduct: independence, impartiality, professional secrecy, duty of advice, diligence, and conflict-of-interest avoidance. The notary must refuse to authorise acts that are unlawful, contrary to public order, or that the notary knows to be simulated. Secrecy covers the content of acts and facts learned in practice, with narrow legal exceptions (e.g., lawful judicial order, anti-money-laundering reporting duties).
Traps in questions
A classic trap is the family/self-dealing conflict: a notary may not authorise an act in which the notary, a spouse, or close relatives have a direct interest, even if all parties consent. Another trap: treating the duty of secrecy as absolute - it yields to mandatory AML reporting and lawful court orders. Questions also test whether the notary must verify capacity and identity personally versus accepting a colleague's assurance. Finally, distinguish disciplinary liability (professional body) from civil liability (damages) and criminal liability - all may coexist.
Rule of thumb
Consent does not cure conflict. If the notary or a close relative benefits, the notary must decline regardless of party agreement.
Worked example
A notary's brother asks the notary to authenticate a sale of the brother's land to a third party. Even with all parties willing, the notary should decline because of the family interest; a different notary must act.