Bahrain Private Notary Exam cheat sheet

Notarial practice in Bahrain is regulated under the Notaries Public Law and its implementing ministerial orders; the Ministry of Justice, Islamic Affairs and Endowments licenses and supervises private notaries.

Eligibility to be appointed a private notary generally requires Bahraini nationality, full legal capacity, a law degree or Sharia qualification, and good moral standing (hasan al-suluk) evidenced by a clean record.

Candidates must pass the notary examination and complete a prescribed training period before the licence (tarikh) is issued.

A notary's licence is personal and non-transferable; practice may not be delegated to unlicensed staff except for clerical or preparatory tasks.

Disqualifying conditions include a criminal conviction involving dishonesty or moral turpitude, prior disciplinary striking off, and bankruptcy adjudication not discharged.

Notaries must maintain a professional office within Bahrain, keep a seal and register, and notify the Ministry of any change of address or practice status.

Disciplinary sanctions escalate: warning, fine, suspension, and revocation of licence; decisions are subject to appeal before the competent court.

Continuing legal education and periodic Ministry inspection of registers and archives are conditions of retaining the licence.

Core notarial acts: attestation of signatures, authentication of documents, drafting and certification of powers of attorney, contracts, declarations, and protests.

The notary must verify identity of every appearing party by original official identification and record the identity document number in the deed.

The notary must confirm capacity and consent, read the instrument to the parties or have it read, and record their acknowledgement before signing.

The instrument must state date, place, parties, subject matter, and signatures; blanks or alterations must be struck through and initialled.

A notary may not certify a document whose content is unlawful, contrary to public order, or beyond the notary's legal competence.

Where a party is unable to sign, a thumbprint or delegated signature is used with two witnesses and an express notation in the deed.

Powers of attorney for sale, mortgage, or litigation require express special authority; general authority clauses do not cover acts of disposition.

Each act is entered in a serial register and assigned a number; the register entry and the issued instrument must correspond exactly.

The notary is a public officer for documentation purposes and owes impartiality; the notary may not act where a personal or financial conflict of interest exists.

Confidentiality covers the content of instruments, party information, and the register; disclosure is permitted only by law, court order, or party consent.

The notary must refuse an act when identity, capacity, or free consent is doubtful, and must record the refusal where required.

Dual representation in a transaction is permitted only where consistent with impartiality and full disclosure; otherwise the notary must decline.

Advertising, fee-splitting with intermediaries, and soliciting clients are prohibited; fees follow the prescribed tariff.

The notary must guard the seal and archives; loss, theft, or tampering must be reported to the Ministry immediately.

Anti-money-laundering duties: identify the beneficial owner, apply enhanced due diligence to high-risk or politically exposed persons, and report suspicious transactions.

Breach of duty may trigger civil liability for damage, disciplinary action, and in forgery-related cases criminal exposure.

A contract is formed by offer and acceptance; consent must be free from mistake, fraud, duress, and exploitation (ghubn with taghrir).

Essential elements: consent, subject matter, and lawful cause; absence of any element renders the contract void (batil), while defect in consent renders it voidable (qabil lil-ibtal).

Capacity: a minor who has reached discernment may conclude beneficial acts; acts of disposition require guardian authorisation or court approval.

Obligations may arise from contract, unilateral will, unjust enrichment, or harmful act (tort); the debtor bears performance unless impossibility is external and unforeseeable.

Remedies for non-performance: specific performance, termination (faskh) after notice, and damages covering actual loss and lost profit that are foreseeable.

Penalty clauses are enforceable but may be judicially reduced to the level of actual harm.

Assignment of rights and transfer of obligations require the consent of the other party for obligation transfer; assignment of right is effective on notice to the debtor.

Limitation periods vary by claim type; contractual claims are generally time-barred after the statutory period running from maturity or knowledge of harm.

Property is either immovable (aqar) or movable (manqul); ownership confers exclusive use, enjoyment, and disposition within legal limits.

Ownership may be acquired by contract, inheritance, will, pre-emption (shuf'a), accession, and usucaption (acquisitive prescription) under statutory conditions.

Co-ownership is presumed equal unless evidence shows otherwise; a co-owner may request partition (qisma) unless the property is indivisible or held under a time-bound arrangement.

Neighbouring rights include limits on building height, light, water flow, and support; harm exceeding customary tolerance gives rise to cessation and damages.

Pre-emption (shuf'a) allows a co-owner or adjacent owner to substitute in a sale on the same terms, subject to strict notice and registration deadlines.

Mortgaged property remains with the mortgagor; the mortgagee holds a priority right of satisfaction from the sale proceeds.

Public property (amlak amma) is inalienable and not subject to prescription; private property of the state follows special rules.

Ownership transfers of immovables require registration in the land register; unregistered transfer generally binds only inter partes.

Real rights (huquq 'ayniyya) are enumerated: ownership, usufruct, use, habitation, servitude, mortgage, and rights of priority; they are enforceable against the world.

Real rights over immovables are created and transferred by registration; the land register is presumed accurate and good-faith reliance is protected.

Registration (tathiq) is a constitutive condition for transfer of immovable ownership, mortgage, and long-term usufruct.

Servitudes are registered burdens on a dominant and servient tenement; they extinguish by non-use for the statutory period or by consolidation.

Mortgage registration gives the creditor a preferential right ranked by registration date; ranking determines distribution of sale proceeds.

Correction of register errors follows a judicial or administrative rectification procedure; third-party acquired rights in good faith are protected.

Cadastral plans and title deeds must match; discrepancies require survey and Ministry of Justice or Survey authority correction before any notarial act.

Notaries must verify title, encumbrances, and capacity before attesting any disposition of registered immovable property.

A trader is one who carries on commercial activity as a profession; commercial acts are defined by law and include supply, brokerage, banking, insurance, and agency.

Commercial obligations are presumed solidary (joint and several) unless otherwise agreed; commercial interest is recoverable at the statutory rate.

Commercial registration (sijil tijari) is required before trading; failure exposes the trader to penalties and limits judicial proof of commercial status.

Commercial books and records must be kept for the statutory retention period and are admissible as evidence between traders.

Bankruptcy and preventive settlement regimes protect creditors through collective proceedings; acts within the suspect period may be annulled.

Commercial agency, distributorship, and franchise arrangements require registration; unregistered agencies may not be invoked against third parties.

Negotiable instruments (bills of exchange, promissory notes, cheques) are governed by formal requirements; dishonour requires protest to preserve recourse.

Competition and anti-monopoly rules prohibit price fixing and abuse of dominance in commercial dealings.

Company forms include joint stock (sharikat al-musahama), limited liability (dhat mas'uliyya mahduda), single-person company, general partnership, and limited partnership.

An LLC requires a minimum of one or two shareholders depending on the applicable law, capital contribution, and a memorandum and articles registered with the authority.

A joint stock company requires a minimum capital threshold, a board of directors, and audited financial statements; shares may be public or closed.

Registration of company formation, amendments, and dissolution is recorded in the commercial register; legal personality begins on registration.

Notarial authentication is required for articles of association, capital increases, share transfers where mandated, and powers of attorney for company acts.

Corporate governance duties: directors owe loyalty and care; related-party transactions require disclosure and approval.

Foreign investment rules govern ownership percentages and required approvals in restricted sectors.

Dissolution and liquidation follow statutory steps: liquidator appointment, creditor notice, asset distribution, and deregistration from the register.

Marriage (zawaj) requires offer and acceptance, two witnesses, the wife's consent, dowry (mahr), and registration with the competent Sharia court.

Marriage impediments include consanguinity, affinity, and fosterage within prohibited degrees; a minor's marriage requires judicial authorisation.

Divorce (talaq) and judicial dissolution (khul' or faskh) have distinct procedures, waiting period ('idda), and financial consequences.

Custody (hadana) is determined by the child's best interest; custody order and maintenance (nafaqa) are separately enforceable.

Inheritance (irth) opens on death; heirs take by fixed shares (fard) or residue ('asaba) after payment of funeral costs, debts, and valid wills.

A will (wasiyya) may not exceed one-third of the estate without heirs' consent and may not benefit a statutory heir unless the others agree.

A non-Muslim's estate and family matters may be governed by the applicable personal status rules for non-Muslims; the notary must record the applicable law.

A succession certificate (ishad) or inventory is issued by the court; the notary authenticates heir declarations and distribution agreements.

Forgery (tazwir) is the material alteration or fabrication of a document capable of causing harm; penalties increase for official, notarial, or bank documents.

Use of a forged document (isti'mal) is a separate offence from forgery itself, even where the user did not create it.

False attestation by a notary, falsifying register entries, or issuing an instrument with false statements constitutes an aggravated offence.

Making a false declaration before a notary, or procuring a notarial act by deception, is punishable as a distinct offence.

Destruction, concealment, or removal of notarial archives is criminally sanctioned; the notary must report loss or tampering immediately.

Criminal liability requires intent (qasd jina'i); negligence in certification may be disciplinary or civil rather than criminal.

A forgery finding can invalidate the underlying act and trigger restitution and damages; the notary may be joined in civil claims.

Prescription of criminal action follows statutory periods; the limitation period restarts with each use of the forged instrument.

Jurisdiction is determined by the defendant's domicile, the place of performance, or the location of immovable property for real rights claims.

A civil claim is initiated by a statement of claim with supporting documents; the court sets a hearing and orders exchange of memoranda.

Time limits for appeal run from notification of the judgment; failure to appeal within the statutory period renders the judgment final.

Interim measures include attachment (hajz), expert inspection, and provisional orders; the notary may be asked to record protests and notices.

Evidence is presented by documents, testimony, expert report, and admission; the court may order disclosure of notarial records by judicial order only.

Judgments in commercial matters may be enforced through the execution court after service of the enforcement order.

Arbitration is available where parties agree in writing; the arbitration clause is separable from the main contract.

Foreign judgments and awards require exequatur under the applicable treaty or statutory conditions before enforcement in Bahrain.

A notarial instrument is an official document (sanad rasmi) and constitutes full proof of its contents against the parties and their successors.

Private documents have probative value only if acknowledged or verified; the notary may authenticate signatures to elevate evidentiary weight.

The burden of proof lies on the claimant; a notarial instrument shifts the burden to the party alleging falsity.

Falsity of a notarial act is raised by a criminal forgery complaint or by a civil action for falsity; the act remains enforceable until set aside.

Enforcement is carried out by the execution court through seizure, public auction, and distribution of proceeds according to registered ranking.

A creditor holding a registered mortgage enforces without prior judgment in the statutory mortgage enforcement procedure.

Objections to enforcement (isti'rad) are limited to procedural defects, payment, or post-judgment facts.

Attachment of property prevents alienation; the notary must refuse to attest any disposition of property under judicial attachment.

Each notarial instrument is assigned a serial number and entered in the register with date, parties, type of act, and fees collected.

The original instrument is retained in the notary's protocol; parties receive certified copies bearing the notary's seal and signature.

The notary's seal must contain the notary's name, licence number, and jurisdiction; a defective seal undermines authentication.

Electronic notarisation and e-signature are recognised where the statutory conditions for secure electronic signature are met.

Legalisation or apostille is required for documents to be used abroad; the notary authenticates the signature, then the Foreign Ministry and consular office legalise.

Archives must be kept in a secure location for the statutory retention period; records may be destroyed only after the prescribed period and with Ministry authorisation.

Certified copies must be faithful reproductions; the notary notes the number of copies issued and records the issuance in the register.

On retirement, death, or revocation, the protocol and archives pass to the Ministry or a designated notary under a formal handover record.

The Ministry of Justice, Islamic Affairs and Endowments maintains the roster of licensed private notaries and publishes status changes.

Inspection may be announced or unannounced; inspectors check register entries against issued instruments and fee receipts.

A notary may not hold incompatible public office or engage in commercial activity that conflicts with impartiality.

Suspension may be ordered pending disciplinary investigation; the suspended notary may not perform notarial acts but remains bound by confidentiality.

Reinstatement after revocation requires a fresh application and Ministry approval under the same eligibility conditions.

Fees are set by tariff; charging above tariff or accepting unofficial payments is a disciplinary offence and may be criminal.

Professional indemnity insurance is required in practice to cover liability for negligent certification.

Peer review of notarial acts and mandatory reporting of suspected forgery support the integrity of the profession.

Before attesting any disposition, the notary must obtain a current title certificate (shahadat milkiyya) and verify encumbrances.

A power of attorney for sale of registered land must specifically describe the property and authorise sale; general powers are insufficient.

Where title is held in co-ownership, the notary must identify all co-owners and their shares before attesting a sale or mortgage.

A mortgage deed must state the secured amount, interest if any, maturity, and property description; registration perfects the right.

Pre-emption notices and waivers must be recorded promptly; failure to observe the deadline extinguishes the right.

Usufruct and long leases exceeding the statutory term must be registered and notarised to bind third parties.

Any discrepancy between the cadastral plan and the deed requires correction before attestation; the notary records the correction reference.

The notary must refuse to attest a disposition by a person whose title is under judicial challenge or attachment.

Notarial protests of dishonoured negotiable instruments preserve recourse; the protest must be drawn within the statutory time after dishonour.

Company resolutions increasing capital or amending articles require notarial authentication before registration.

Share transfer deeds in closed companies require notarial attestation and entry in the share register.

Commercial agency contracts and their amendments are notarised and registered; unregistered agency may not be pleaded against third parties.

Guarantees and suretyship instruments must state the secured obligation and the surety's consent expressly.

Bills of exchange must contain an unconditional order to pay, a sum certain, drawee, payee, date, and signature; missing elements may void the instrument.

Notarial records of commercial book entries may serve as evidence where the originals are unavailable.

Secured commercial transactions over movables require registration in the movable security register to be effective against third parties.

Marriage contracts are concluded before the Sharia court or an authorised notary; the notary records the dowry, conditions, and witnesses.

A wife may stipulate conditions in the marriage contract (e.g., monogamy clause); such conditions are recorded and enforceable as stipulated.

Divorce declarations made before a notary must be referred to the court for registration and confirmation of consequences.

Maintenance and custody agreements may be notarised but require court ratification for enforcement.

A will (wasiyya) is notarised with two witnesses; the notary must verify the testator's capacity and that the bequest does not exceed one-third without heir consent.

Heir declarations require identification of all heirs and supporting documents; disputes are referred to the Sharia court.

Powers of attorney in family matters must specify the act authorised; general powers do not cover divorce or waiver of custody.

Non-Muslim personal status matters are documented under the applicable law and notarised with express reference to the governing regime.

A notary who knowingly attests a false instrument commits forgery in an official document, an aggravated offence.

Negligent failure to verify identity, where it facilitates forgery, may constitute a disciplinary and civil wrong and, in some cases, criminal negligence.

Altering a notarial register entry or issuing a copy not matching the protocol is an offence against official records.

The notary must report suspected forged identification or documents to the competent authority and record the refusal.

A person who uses a forged power of attorney to sell property commits use of a forged document and fraud.

Criminal complaints for forgery may be joined with civil claims for annulment and damages.

Evidence of forgery may include expert handwriting analysis, seal comparison, and register inconsistencies.

A final criminal conviction for forgery in a notarial act supports disciplinary revocation and civil liability.

A notarial instrument is admitted as official evidence; the opposing party must challenge it by a falsity action.

Certified copies issued by the notary have the same probative value as the original where the original is in the protocol.

The court may order the notary to produce the protocol or appear to confirm the act; the notary may not refuse a judicial order.

A notarial protest or notice records the date and content of a demand, supporting default and termination claims.

Expert reports on document authenticity are weighed against the presumption of regularity of notarial acts.

Enforcement of notarial instruments with executory force follows the statutory procedure without a separate judgment where the law so provides.

Objections to a notarial instrument's validity are raised before the court of competent jurisdiction, not before the notary.

Time limits for challenging a notarial act run from knowledge of the alleged falsity, subject to the statutory maximum.

Every act is recorded in a bound, paginated register; loose-leaf registers require Ministry approval and security controls.

The protocol is the notary's official collection of original instruments; copies are issued only from the protocol.

A certified copy must bear the notary's signature, seal, copy number, and a statement that it conforms to the original.

Electronic archives must be backed up, access-controlled, and time-stamped; audit logs are retained for inspection.

Legalisation for foreign use requires the notary's authentication, then Ministry of Foreign Affairs, then the destination consulate.

Apostille applies only where both states are party to the Hague Convention; otherwise consular legalisation is required.

Handover of archives on death, retirement, or revocation is documented in a signed inventory countersigned by the Ministry.

Destruction of records after the retention period requires a Ministry-approved destruction record listing the destroyed items.

Notarial fees follow the official tariff by act type; the fee is recorded in the register and on the receipt.

Additional charges for copies, legalisation assistance, and travel must be separately itemised and permitted by the tariff.

Fee-sharing with referrers or agents is prohibited; any such arrangement is a disciplinary offence.

Non-payment of fees does not invalidate the act but may suspend delivery of certified copies.

The Ministry audits fee collection against register entries during inspection.

Charging above tariff may constitute an offence and grounds for suspension.

Fee disputes are resolved by the Ministry or the competent court, not by withholding the protocol.

Reduced or waived fees apply only where the law provides, e.g., certain pro bono or state-related acts.

Certain notarial instruments, such as acknowledged debt instruments, may carry executory force under the applicable law.

Executory force requires the instrument to meet formal conditions: identity, capacity, clear obligation, and signature.

Enforcement of an executory notarial instrument is sought from the execution court with a certified copy.

The debtor may oppose enforcement on grounds of payment, prescription, or formal defect.

A notarial instrument recording acknowledgment of debt interrupts prescription where the law so provides.

Seizure of assets follows the execution order; the notary may be asked to certify copies of the underlying instrument.

Distribution of proceeds follows registered ranking; a mortgagee's priority is determined by registration date.

A notarial instrument does not itself execute; it must be presented to the execution court for enforcement.

A sale of immovable property requires a written contract with precise description, price, and parties, notarised and registered.

The notary must verify that the seller's title is free of attachments, mortgages, or pending disputes before attestation.

Co-owners selling jointly must all sign or be represented by specific powers of attorney.

A mortgage deed must be registered to create a real right; the notary records the registration reference.

Leases exceeding the statutory duration must be registered to bind third parties.

Pre-emption rights must be respected; the notary records notices and waivers with dates.

Gifts of immovable property require notarisation and registration; delivery alone does not transfer ownership.

Any alteration of the property description after attestation requires a corrective instrument and register update.

Articles of association and amendments require notarial authentication before filing with the commercial register.

Board and shareholder resolutions authorising dispositions must be certified and attached to the notarial instrument.

A company's power of attorney must state the signatory's authority and be supported by the resolution.

Share transfers in closed companies are attested and entered in the share register; restrictions in the articles bind transferees.

Capital reduction and merger deeds require notarisation, creditor notice, and registration.

Liquidation instruments, including final distribution, are notarised and filed for deregistration.

Foreign company branches must file authenticated constitutional documents and a power of attorney for the local representative.

The notary must verify the company's current commercial registration extract before attesting any corporate act.

On death, the estate passes to heirs after funeral expenses, debts, and valid wills within one-third.

A succession certificate (ishad) identifies heirs and shares and is issued by the Sharia court.

The notary authenticates heir declarations and distribution agreements; disputes go to the Sharia court.

A will must be written, signed, and witnessed; the notary verifies capacity and the one-third limit.

Bequests to heirs require the consent of the other heirs to be effective beyond the one-third.

Powers of attorney for estate matters must specifically authorise collection, sale, and distribution.

Non-Muslim estates follow the applicable personal status rules; the notary records the governing law.

Distribution agreements must identify each heir, share, and asset; registration with the court completes the process.

The notary must report suspected forgery to the competent authority and record the refusal in the register.

Failure to report may constitute a disciplinary offence and, where the law provides, a criminal offence.

The notary must preserve evidence, including the suspected forged document, and provide it to investigators on request.

Cooperation with investigators includes producing the protocol and appearing as a witness.

Confidentiality yields to a judicial order; disclosure must be limited to the requested scope.

The notary may not warn the suspect of a report where doing so would obstruct investigation.

Records of refusals and reports support the notary's defence against negligence claims.

Criminal proceedings do not suspend disciplinary action unless the Ministry decides otherwise.

A notarial notice records the date, content, and recipient of a demand; it supports default and termination claims.

A protest of a dishonoured negotiable instrument must be drawn within the statutory time and record the dishonour.

Service of notices by notary must identify the recipient and the method of delivery.

A notarial notice does not itself create a legal obligation; it evidences the demand and date.

Termination requires notice where the contract or law so provides; the notarial record supports the date of termination.

The notary may be asked to record a refusal to accept delivery or payment.

Notarial records of notices are admissible as official evidence of the demand.

Time limits for challenging the content of a notice run from its date of service.

Electronic notarisation requires a secure electronic signature meeting the statutory standard.

Electronic registers must be time-stamped, access-controlled, and backed up; audit logs are retained.

A certified electronic copy must be verifiable against the protocol and bear the notary's electronic seal.

Hybrid acts require the paper original to be retained and the electronic copy marked as conforming.

Electronic archiving must preserve integrity; alteration must be detectable.

Legalisation of electronic documents follows the applicable e-apostille rules where recognised.

Access to electronic archives is restricted to authorised personnel and judicial order.

Migration of electronic records to new systems must preserve metadata and be documented.

Disciplinary sanctions: warning, fine, suspension, and revocation; the sanction must be proportionate to the breach.

Civil liability arises from negligent certification causing damage; the notary must compensate the injured party.

Professional indemnity insurance covers negligence claims within policy limits.

Criminal liability arises from intentional forgery or false attestation.

Disciplinary proceedings are separate from criminal and civil proceedings and may run concurrently.

Appeals against disciplinary decisions go to the competent court within the statutory period.

Repeated breaches aggravate the sanction; a single serious breach may justify revocation.

The notary must cooperate with inspection and produce records on request.

A mortgage is a real right securing a debt; it is created by a notarised deed and perfected by registration.

Ranking of mortgages is determined by registration date; earlier registration has priority.

The mortgagee may enforce by sale of the property and satisfaction from proceeds in ranking order.

A mortgage does not transfer possession; the mortgagor retains use unless the deed provides otherwise.

Registration of a mortgage must state the secured amount, maturity, and property description.

Discharge of a mortgage requires a notarial release and register update.

A mortgage over a share in co-owned property is possible; enforcement affects only that share.

Unregistered mortgages bind only the parties and not third parties.

A bill of exchange requires an unconditional order, sum certain, drawee, payee, date, and signature.

A promissory note requires an unconditional promise, sum certain, payee, date, and signature.

A cheque requires a drawee bank, sum certain, date, and signature; post-dated cheques are enforceable under the applicable law.

Dishonour requires protest within the statutory time to preserve recourse against endorsers.

The notary records the protest, the dishonour, and the parties notified.

Endorsement transfers the instrument; a restrictive endorsement limits further negotiation.

Aval (guarantee) on an instrument must be written on the instrument or an allonge and signed.

Prescription of recourse actions follows statutory periods from the date of protest.

A notarial instrument is presumed regular; the challenger bears the burden of proving falsity.

Private documents require acknowledgment or verification to have probative value against the signatory.

The notary's certification of identity and signature supports the presumption of authenticity.

Expert evidence on handwriting or seal may rebut the presumption.

Admission before the notary is recorded and binds the admitting party.

A notarial instrument recording acknowledgment of debt supports a claim and may interrupt prescription.

The court may order production of the protocol; refusal may lead to adverse inference.

Enforcement of an executory notarial instrument requires a certified copy and the execution court's order.

Co-ownership shares are presumed equal unless evidence shows otherwise.

A co-owner may request partition; indivisible property may be sold and proceeds distributed.

Pre-emption (shuf'a) allows a co-owner or adjacent owner to substitute in a sale on the same terms.

The pre-emptor must give notice within the statutory period; failure extinguishes the right.

The notary records pre-emption notices and waivers with dates and identities.

A sale to a third party without observing pre-emption may be challenged.

Partition agreements must be notarised and registered where they affect immovable property.

Co-owners may agree to a time-bound moratorium on partition; the agreement must be recorded.

The notary must verify the signatory's authority through the commercial registration extract and board resolution.

A power of attorney for a company must state the authorised acts and be supported by the resolution.

Related-party transactions require disclosure and approval; the notary records the approval.

Amendments to articles require notarisation and filing with the commercial register.

A company's legal personality begins on registration; pre-registration acts bind the promoters.

Dissolution requires a liquidator appointment and creditor notice; the final distribution is notarised.

Deregistration follows completion of liquidation and filing of the final accounts.

Foreign company documents require authentication and legalisation before filing.

Marriage requires offer and acceptance, two witnesses, the wife's consent, dowry, and registration.

A wife may stipulate conditions in the marriage contract; the notary records them and they are enforceable as stipulated.

Marriage impediments include consanguinity, affinity, and fosterage within prohibited degrees.

A minor's marriage requires judicial authorisation.

The marriage contract records the dowry, conditions, and witnesses.

Divorce declarations before a notary must be referred to the court for registration.

Maintenance and custody agreements require court ratification for enforcement.

Powers of attorney in family matters must specify the act authorised.

Forgery of an official or notarial document is an aggravated offence with higher penalties.

Use of a forged document is a separate offence from forgery itself.

False attestation by a notary is an aggravated offence.

Altering a register entry or issuing a non-conforming copy is an offence against official records.

Destruction or concealment of archives is criminally sanctioned.

Criminal liability requires intent; negligence may be disciplinary or civil.

A forgery finding can invalidate the underlying act and trigger restitution and damages.

Prescription of criminal action follows statutory periods and restarts with each use.

Jurisdiction is determined by the defendant's domicile, place of performance, or location of immovable property for real rights claims.

A claim is initiated by a statement of claim with supporting documents.

Time limits for appeal run from notification of the judgment.

Interim measures include attachment, expert inspection, and provisional orders.

Evidence includes documents, testimony, expert reports, and admission.

Judgments in commercial matters are enforced through the execution court.

Arbitration is available where parties agree in writing; the clause is separable.

Foreign judgments require exequatur before enforcement.

A certified copy must bear the notary's signature, seal, copy number, and a conformity statement.

Copies are issued only from the protocol; the original is retained.

Legalisation requires the notary's authentication, then the Foreign Ministry, then the destination consulate.

Apostille applies only between Hague Convention states.

Electronic certified copies must be verifiable against the protocol.

The notary records the number of copies issued in the register.

A defective seal undermines authentication and may invalidate the copy.

Legalisation does not validate the content; it authenticates the signature.

Confidentiality covers instruments, party information, and the register; disclosure requires law, court order, or consent.

The notary must decline where a personal or financial conflict of interest exists.

Dual representation is permitted only where consistent with impartiality and full disclosure.

The notary must refuse an act where identity, capacity, or consent is doubtful.

Anti-money-laundering duties require identification of the beneficial owner and reporting of suspicious transactions.

Advertising and fee-splitting with intermediaries are prohibited.

The notary must guard the seal and archives and report loss or tampering.

Breach may trigger civil liability, disciplinary action, and criminal exposure.

The notary must obtain a current title certificate and verify encumbrances before attestation.

A power of attorney for sale must specifically describe the property and authorise sale.

Co-ownership requires identification of all co-owners and shares before a sale or mortgage.

A mortgage deed must state the secured amount, maturity, and property description; registration perfects the right.

Pre-emption notices and waivers must be recorded promptly.

Usufruct and long leases must be registered to bind third parties.

Discrepancies between the cadastral plan and the deed require correction before attestation.

The notary must refuse a disposition by a person whose title is under judicial challenge or attachment.