Corporate and Property Matters
Corporate decisions
Notaries certify corporate decisions such as general meeting resolutions. The notary verifies the convocation procedure, quorum, authority of participants, and the accuracy of the record. Traps: certifying a decision adopted without proper notice, or confusing certification of the decision with certification of the signatures on the minutes.
Powers of attorney
A power of attorney authorises representation. The notary verifies the principal's capacity, the scope of authority, and whether the act requires special authorisation (for example, alienation of real estate). Distinguish a general power from a special one, and know the rules on revocation and on powers granted abroad.
Trust agreements
A trust agreement transfers property to a trustee for management. The notary checks the trustee's qualifications where required and the limits on the trustee's dealings. Confusing trust management with a simple agency is a common trap.
Certification of documents and signatures
Certification of a copy verifies conformity with the original; certification of a signature verifies identity, not the content's legality. Candidates often overstate what signature certification proves.
Protests and maritime protests
Protest of bills and maritime protests (sea protests) are special acts with defined procedures and time limits.
Rule of thumb
Identify what is being certified: the fact of a decision, the authority of a representative, the conformity of a copy, or the identity of a signatory. Each has a different verification standard.