Notarial Records Management, Registers, Forms and Secrecy
Registers and files
Every notarial act is entered in a register with a sequential number, date, parties, nature of the act, fee and signature. The register is the primary proof of performance. Inheritance files, deposit files and correspondence are kept separately. Candidates must know retention periods and the rules on transferring files when a notary ceases practice.
Forms and drafting
Standard forms and mandatory requisites exist for many acts. Missing a requisite can invalidate the document or create evidentiary weakness. Traps include relying on a template without adapting it to the transaction and omitting the seal or register number.
Secrecy
Notarial secrecy covers the content of acts, the identity of parties, and information learned in the course of practice. Disclosure is permitted only where law requires, for example at a court's request or with the client's consent. Candidates often wrongly assume the Chamber or Ministry has unrestricted access.
Worked example
A court requests a copy of a certified will. The notary discloses only what the request covers, records the disclosure in the file, and does not release unrelated documents. This illustrates the principle of limited, documented disclosure.
Rule of thumb
If an act is not in the register, it did not happen for evidentiary purposes; if disclosure is not expressly authorised, it is prohibited.