Notarial Practice, Deeds and Professional Ethics
Notarial Practice, Deeds and Professional Ethics
This domain tests the Notaries Ordinance, deed execution and the ethical duties of a notary.
Core rules
- The Notaries Ordinance No. 1 of 1907 governs appointment, functions, registers, fees and discipline.
- A notary must identify the parties, satisfy themselves of capacity and authority, read over and explain the deed, and attest the signatures.
- For land transfers, the deed must comply with the Prevention of Frauds Ordinance: notarial attestation and two witnesses.
- The notary must keep registers, issue certified copies, avoid conflicts of interest and preserve confidentiality.
Worked example
A notary is asked to attest a sale where the seller is the notary's business partner. The notary must decline or disclose the conflict and ensure independent advice. Attestation is not a rubber stamp; the notary certifies the parties' appearance and execution. The reasoning is that the notary's impartiality is the basis of the deed's public credibility and of the register's reliability.
Traps
Attesting without the parties present; backdating; omitting pages or schedules; failing to register; acting where personally interested; and giving legal advice outside competence.