General Rules of Notarial Acts
Competence and place
General rules govern who may perform an act, where, when, and in what form. Subject competence distinguishes acts any notary may do from those reserved to state offices or to specific officials (consular officers, village executives for limited acts). Territorial competence, time limits, and the rule that an act is performed at the notary's office or, exceptionally, elsewhere, are frequently tested.
Procedure
A valid act requires identification of the applicant, verification of legal capacity and authority, reading the draft aloud where required, signing in the notary's presence, affixing the seal, and entry in the register of notarial acts. The notary must explain the legal consequences and verify there is no obvious illegality.
Refusal and suspension
A notary must refuse when the act is unlawful, the person lacks capacity or authority, documents are insufficient, or identity cannot be established. Refusal must be reasoned and given in writing within the statutory period. Suspension differs: the notary postpones an act pending missing documents or a court decision. Traps include treating suspension as refusal and forgetting the right to challenge a refusal in court.
Appeals
Challenge to a notarial act or refusal proceeds by application to a court, not by administrative complaint. The court may annul the act or order performance.
Worked example
A seller's representative presents a power of attorney lacking the right to alienate real estate. The notary does not simply refuse: the act is suspended to allow a corrected power of attorney, and if none is produced, a written refusal issues, which the applicant may challenge in court.