Notarial Deontology, Professional Ethics and Liability
The notary's dual role
A notary is a public officer and a professional. Master: the duty of impartiality, the duty to advise and inform, the duty of confidentiality, the prohibition of conflicts of interest, the obligation to verify identity and capacity, anti-money-laundering duties, and the disciplinary and civil liability regime. Know the deontological code and the role of the chambers and the federation.
Traps
- Impartiality: the notary advises all parties, not only the client who pays; questions test this.
- Duty to refuse: when an act is unlawful or when a party lacks capacity, the notary must refuse; a question may suggest proceeding with reservations.
- Confidentiality vs AML reporting: the reporting duty overrides secrecy in defined cases; know the boundary.
- Liability: civil liability requires fault, damage and causation; disciplinary liability is independent.
- Verification duties: identity, capacity, and the reality of consent must be checked; delegation to staff is limited.
Rule of thumb
When a scenario presents a notary under pressure, ask three questions: is the act lawful, do all parties understand and consent, and is the notary independent? If any answer is no, the correct answer is usually to refuse or to postpone, not to proceed with a disclaimer.
Worked example: A seller asks the notary to draft a deed with a price below market to reduce registration duties. The notary must refuse; the act would be unlawful, and the notary's duty of advice and legality prevails over client instruction. Proceeding exposes the notary to civil and disciplinary liability.