Bahrain Private Notary Exam flashcards

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Notary licence (tarikh)

A personal, non-transferable authorisation issued by the Ministry of Justice, Islamic Affairs and Endowments permitting a qualified candidate to perform notarial acts in Bahrain.

Good moral standing

An eligibility condition requiring a clean record and reputable conduct, evidenced by certificates and background checks before a notary licence is granted.

Notarial attestation

The notary's certification that a signature was affixed in the notary's presence by an identified person with capacity and free consent.

Special power of attorney

A power that expressly names the act authorised, such as sale, mortgage, or litigation; general authority clauses do not cover acts of disposition.

Notarial impartiality

The duty to act without favouring any party, declining any act where a personal, family, or financial conflict of interest exists.

Notarial confidentiality

The duty to keep instrument content, party information, and register entries secret, disclosable only by law, court order, or party consent.

Void versus voidable

A void contract lacks an essential element and has no effect; a voidable contract suffers a defect in consent and remains effective until annulled.

Foreseeable damages

Compensation for actual loss and lost profit that was reasonably foreseeable at the time of contracting, recoverable for non-performance.

Pre-emption (shuf'a)

The right of a co-owner or adjacent owner to substitute in a sale of property on the same terms, subject to strict notice and registration deadlines.

Usucaption

Acquisition of ownership of immovable property through uninterrupted possession for the statutory period under the conditions set by law.

Constitutive registration

Registration that creates or transfers a real right over immovable property; without it the transfer generally binds only the parties.

Mortgage ranking

The order of priority among registered mortgages determined by registration date, governing distribution of sale proceeds.

Commercial registration

The mandatory entry of a trader or company in the commercial register, a precondition for trading and for proving commercial status.

Solidary liability

The presumption in commercial obligations that each debtor is liable for the whole debt, allowing the creditor to claim from any one.

Limited liability company

A company whose shareholders' liability is limited to their capital contributions, formed by a registered memorandum and articles.

Legal personality

The status a company acquires on registration, enabling it to contract, sue, and hold property in its own name.

Mahr (dowry)

The property the husband gives the wife under the marriage contract; its amount and terms are recorded in the notarised contract.

Wasiyya (will)

A testamentary disposition effective on death, limited to one-third of the estate without heir consent and not benefiting a statutory heir absent agreement.

Forgery (tazwir)

The material alteration or fabrication of a document capable of causing harm, with aggravated penalties for official, notarial, or bank documents.

Use of forged document

A separate offence committed by presenting or relying on a forged document, even where the user did not create it.

Statement of claim

The initiating pleading setting out the parties, facts, legal grounds, and relief sought, filed with supporting documents before the competent court.

Exequatur

The judicial procedure recognising and authorising enforcement of a foreign judgment or arbitral award within Bahrain.

Official document (sanad rasmi)

A notarial instrument that constitutes full proof of its contents against the parties and their successors until challenged by a falsity action.

Falsity action

A civil or criminal challenge alleging that a notarial instrument is forged or false; the act remains enforceable until set aside.

Notarial protocol

The notary's official collection of original instruments, retained in the office and used as the source for certified copies.

Apostille

A simplified certification replacing consular legalisation for documents exchanged between states party to the Hague Convention.

Notarial register

A bound, paginated record in which each act is entered with serial number, date, parties, act type, and fees collected.

Professional indemnity insurance

Insurance covering the notary's liability for negligent certification causing damage to clients or third parties.

Title certificate

A current official extract from the land register showing the owner, property description, and registered encumbrances, verified before attestation.

Servitude

A registered burden on a servient tenement benefiting a dominant tenement, extinguishing by non-use for the statutory period or consolidation.

Protest of dishonour

A notarial record of a dishonoured negotiable instrument, drawn within the statutory time to preserve recourse against endorsers.

Share transfer deed

A notarised instrument transferring shares in a closed company, entered in the share register and subject to article restrictions.

Succession certificate (ishad)

A court-issued document identifying the heirs and their shares, enabling distribution of the estate after debts and valid wills.

Marriage contract conditions

Stipulations recorded in the notarised marriage contract, such as a monogamy clause, enforceable as agreed between the parties.

Aggravated forgery

Forgery of an official or notarial document, carrying higher penalties than ordinary forgery because of the public reliance involved.

False attestation

A notary's certification of a signature or fact known to be untrue, constituting an aggravated offence and grounds for revocation.

Notarial notice

A record of a demand or communication stating its date, content, and recipient, admissible as official evidence supporting default claims.

Executory notarial instrument

A notarial act meeting formal conditions that may be enforced directly through the execution court without a separate judgment.

Certified copy

A reproduction issued from the protocol bearing the notary's signature, seal, copy number, and a statement of conformity to the original.

Archive handover

The documented transfer of the protocol and archives to the Ministry or a designated notary on death, retirement, or revocation.

Notarial tariff

The official schedule of fees by act type, recorded in the register and on receipts; charging above it is a disciplinary offence.

Fee-splitting prohibition

The rule barring a notary from sharing fees with referrers or intermediaries, a disciplinary offence protecting impartiality.

Acknowledgment of debt

A notarial instrument in which the debtor admits a clear obligation, supporting a claim and potentially interrupting prescription.

Execution court

The court that enforces judgments and executory notarial instruments through seizure, auction, and distribution of proceeds by ranking.

Co-ownership partition

The right of a co-owner to demand division of jointly held property, by physical division or sale with distribution of proceeds.

Gift of immovable

A transfer of ownership without consideration requiring a notarised deed and registration; delivery alone does not transfer title.

Board resolution certification

The notarised confirmation of a company resolution authorising a disposition, attached to the instrument and supported by the registration extract.

Liquidation deed

A notarised instrument recording the liquidator's appointment and final distribution, filed to complete deregistration of the company.

One-third rule

The limit on testamentary dispositions to one-third of the estate without the consent of the statutory heirs.

Heir declaration

A notarised statement identifying all heirs and their shares, authenticated by the notary and referred to the Sharia court for disputes.

Suspected forgery report

The notary's mandatory notification to the competent authority of suspected forged documents, recorded in the register with the refusal.

Preservation of evidence

The duty to retain a suspected forged document and provide it to investigators on request, without altering the protocol.

Notarial notice of termination

A recorded demand giving notice of termination, evidencing the date and content of the notice for later litigation.

Refusal record

A register entry documenting the notary's refusal to perform an act and the reasons, supporting the notary's defence against negligence claims.

Secure electronic signature

A signature meeting the statutory standard for electronic notarisation, ensuring integrity, authentication, and non-repudiation of the act.

Audit log

A time-stamped record of access and changes to electronic archives, retained for inspection and integrity verification.

Disciplinary suspension

A sanction barring a notary from performing notarial acts, imposed pending or after investigation and subject to appeal.

Revocation of licence

The withdrawal of a notary's authorisation for serious or repeated breaches, requiring a fresh application for reinstatement.

Mortgage deed

A notarised instrument creating a real right securing a debt, stating the secured amount, maturity, and property description, perfected by registration.

Discharge of mortgage

The notarial release of a registered mortgage, followed by a register update removing the encumbrance.

Bill of exchange

A negotiable instrument containing an unconditional order to pay a sum certain to a payee, requiring date, drawee, and drawer's signature.

Aval (guarantee)

A guarantee written on a negotiable instrument or allonge and signed, binding the guarantor to pay if the principal debtor defaults.

Presumption of regularity

The rule that a notarial instrument is presumed valid and authentic, placing the burden of proving falsity on the challenger.

Admission before notary

A party's recorded acknowledgment of a fact or debt before the notary, binding on the admitting party as evidence.

Partition agreement

A notarised agreement dividing co-owned property among co-owners, registered where it affects immovable rights.

Pre-emption notice

A recorded notice by a pre-emptor asserting the right to substitute in a sale within the statutory period, with date and identity.

Commercial registration extract

A current official printout of a company's register entry, verified by the notary before attesting any corporate act.

Related-party transaction

A transaction between a company and an insider requiring disclosure and approval, recorded in the notarial instrument.

Judicial authorisation of minor marriage

Court approval required before the marriage of a person below the statutory age, recorded in the marriage contract documentation.

Custody agreement ratification

Court confirmation of a notarised custody or maintenance agreement, required before the agreement may be enforced.

Register alteration offence

The criminal act of altering a notarial register entry or issuing a copy not conforming to the protocol, an offence against official records.

Intent (qasd jina'i)

The mental element required for criminal liability in forgery; negligence in certification may instead be disciplinary or civil.

Place of performance

A basis of jurisdiction allowing a claim to be brought where the contractual obligation was to be performed.

Appeal period

The statutory time from notification of a judgment within which an appeal must be filed, after which the judgment becomes final.

Conformity statement

The notary's written confirmation on a certified copy that it reproduces the original held in the protocol.

Consular legalisation

The chain of authentication by the notary, foreign ministry, and destination consulate required for documents used in non-Convention states.

Conflict of interest

A personal, family, or financial interest that compromises impartiality and requires the notary to decline the act.

Beneficial owner identification

The anti-money-laundering duty to identify the natural person ultimately owning or controlling a party to a notarial act.

Cadastral plan discrepancy

A mismatch between the survey plan and the title deed requiring correction before the notary may attest a disposition.

Encumbrance check

The verification of registered mortgages, attachments, and servitudes on a title before attesting any disposition of the property.