Notarial Proceedings and Rules for Performing Notarial Acts
What this domain tests
Notarial proceedings are the procedural spine: how an act begins, what the notary verifies, when to refuse or suspend, how the act is completed, and how the file is recorded.
Core rules
- The applicant submits a request and documents. The notary identifies the applicant and participants, checks capacity and authority, and verifies that the document is lawful and factually supported.
- The notary explains the legal consequences, reads the document to a person who cannot read it, and ensures the signer understands. Consent must be free and informed.
- If documents are missing or a mandatory condition is not met, the notary refuses in writing with reasons, or defers where the law permits, setting a clear route to cure the defect.
- The act is performed in the notary’s office; at-home or remote performance is allowed only in cases provided by law. The notary signs, seals, and enters the act in the register.
- Fees are charged under the established tariff; unofficial payments are prohibited. The notary must not act where a dispute about the right exists and the parties seek a binding ruling.
- A refusal can be challenged in court; the notary’s file must support the decision.
Worked example
A seller’s representative appears with a power of attorney, a sale contract, and an ID, but the power of attorney does not name the specific apartment and grants only “general representation”. The notary should not certify the sale. The defect is authority, not the contract text. The notary records the refusal and explains that a specific power of attorney is needed.
Traps
Accepting an expired ID; failing to check the representative’s authority against the exact transaction; certifying a document that contradicts mandatory law; omitting the register entry; charging an unofficial “expediting” fee; refusing orally.