Sri Lanka Notary's Preliminary Exam cheat sheet

A notary is appointed by warrant of the Minister of Justice; the notary's jurisdiction and authority derive from the Notaries Ordinance (Cap. 107) and the instrument of appointment.

Notaries Ordinance s.31 lists the classes of instruments a notary may attest, including contracts, deeds of transfer, powers of attorney, wills and settlements.

A notarial attestation must record the date and place of execution, the identity of the parties, and the notary's signature and seal; absence of the seal does not by itself invalidate an instrument validly attested.

The notary must satisfy himself of the identity of the executant and, where the executant cannot read, must read and explain the instrument and certify that fact.

A notary may not attest an instrument in which he or his partner has a personal interest, and may not act as notary and attorney in the same transaction.

Notarial registers (protocols) must be maintained; a copy of every instrument attested must be preserved and indexed, and the register is open to inspection on payment of fees.

Fees are prescribed by the Notaries Ordinance and its schedules; charging above the prescribed scale is a disciplinary offence.

A notary who is a party to, or personally interested in, an instrument is liable to prosecution and to removal from office.

Under the Prevention of Frauds Ordinance s.21, no sale, transfer, mortgage or charge of land is valid unless effected by an instrument in writing attested by a notary and two witnesses.

Consideration must be lawful; a contract founded on an unlawful object or consideration is void under the Roman-Dutch law received in Sri Lanka.

Capacity to contract requires sound mind and attainment of majority (18 years under the Age of Majority Ordinance); a minor's contract is generally voidable at the minor's instance.

Offer and acceptance must correspond; a counter-offer operates as a rejection of the original offer.

Restraint of trade clauses are enforceable only if reasonable as to scope, duration and area; unreasonable restraints are unenforceable.

The Sale of Goods Ordinance governs commercial sales: goods must be fit for purpose and merchantable where the seller deals in such goods, and property passes as the parties intend.

The Prescription Ordinance fixes the limitation period at 6 years for most contract claims, running from the date the cause of action accrues.

A contract in restraint of marriage or ousting the jurisdiction of the courts is contrary to public policy and void.

Land in Sri Lanka is either registered under the Registration of Title system (Torrens-style, Land Registry Act) or governed by the older deed-registration system under the Prevention of Frauds Ordinance.

Under the Registration of Title system, the State guarantees title; a registered proprietor's title is indefeasible except for fraud or statutory exceptions.

Registration of a deed under the Prevention of Frauds Ordinance does not confer title; priority among competing unregistered deeds depends on notice and the equitable principles applied by the courts.

The Land Development Ordinance restricts alienation of State-granted land; a permit or grant may prohibit sale, mortgage or lease without the prior consent of the relevant authority.

Jus retentionis (right of retention) and the right of a co-owner to pre-empt do not apply to registered title land in the same way as under the general law.

A mortgage over land must be created by notarial instrument; an informal writing or deposit of title deeds does not create a valid mortgage.

Partition actions are governed by the Partition Law; a partition decree binds all parties and their successors, and title is confirmed by the certificate of the court.

Prescriptive title to land requires open, peaceful and uninterrupted possession for 10 years (or 30 years against the State) under the Prescription Ordinance.

Marriage in Sri Lanka may be registered under the Marriage Registration Ordinance (general law) or under the Kandyan, Muslim, or Thesawalamai systems, each with its own rules.

The general law minimum age of marriage is 18; a marriage of a girl below 18 requires the consent of parents or guardian under the Marriage Registration Ordinance.

Dissolution of a general-law marriage is by decree of the District Court on grounds including adultery, malicious desertion for two years, and incurable impotence.

Under the general law, divorce requires proof of a fault ground; mutual consent alone is not a ground under the Marriage Registration Ordinance.

Intestate succession under the general law follows the Roman-Dutch order: the surviving spouse and children take first, with the surviving spouse's share determined by the number of children.

A last will must be executed in the manner prescribed by the Prevention of Frauds Ordinance: signed by the testator in the presence of two witnesses who attest in the testator's presence.

Legitim (forced share) entitles children to a fixed portion of a parent's estate; a will that disinherits a child without lawful cause is reducible.

Kandyan law governs intestate succession for Kandyan persons, with different rules on dowry and the rights of daughters.

A trust requires the three certainties: certainty of intention, certainty of subject matter, and certainty of objects.

A trustee holds legal title for the benefit of beneficiaries and owes fiduciary duties of loyalty, avoidance of conflict, and accounting.

A testamentary trust is created by will and takes effect on the testator's death; an inter vivos trust is created during the settlor's lifetime.

The executor named in a will obtains probate from the District Court; where there is no executor, an administrator obtains letters of administration.

An executor's powers derive from the will and the Administration of Estates Ordinance; a personal representative must pay debts before distributing to beneficiaries.

A will may be revoked by a later will, by a written declaration of revocation attested in the same manner as a will, or by destruction with intent to revoke.

A codicil amends a will; it must be executed with the same formalities as a will.

The trustee's duty to invest requires prudent investment; a trustee who invests outside the permitted range may be personally liable for losses.

Delict (tort) liability under Roman-Dutch law requires wrongful act, fault, causation and damage; fault may be intentional or negligent.

The Civil Procedure Code governs the conduct of civil actions in the District Courts, including the plaint, answer, trial and execution of decree.

The Prescription Ordinance prescribes 6 years for contract and delict claims, 3 years for certain claims, and 10 years for claims to land, subject to statutory exceptions.

A plaintiff must plead material facts in the plaint; a plaint that discloses no cause of action is liable to be rejected.

Interim injunctions are granted under the Civil Procedure Code on proof of a prima facie case and irreparable harm; the court may require security.

A decree may be executed by seizure and sale of property, garnishee proceedings, or arrest, subject to the Code's protections.

Res judicata bars a second suit between the same parties on the same cause of action decided by a competent court.

The burden of proof in a civil case is on the balance of probabilities; the party asserting a fact must prove it.

Forgery under the Penal Code requires making a false document with intent to cause harm or to support a claim; a forged notarial attestation is a false document.

Uttering a forged document, knowing it to be forged, is a separate offence under the Penal Code.

A notary who knowingly attests a false instrument, or who certifies a false fact, may be prosecuted for forgery or for an offence under the Notaries Ordinance.

Cheating under the Penal Code requires deception and dishonest inducement; a notary who deceives a party into executing an instrument may be liable.

Criminal breach of trust applies where property entrusted to a person is dishonestly misappropriated; a notary holding client funds in trust is exposed.

The Criminal Procedure Code governs arrest, bail, charge and trial; a notary accused of an offence is entitled to bail in non-bailable cases only on the court's discretion.

A notary convicted of an offence involving fraud or dishonesty is liable to removal from the roll and to disqualification from practice.

Evidence of a notarial instrument may be challenged by proof of forgery; the burden of proving forgery lies on the party alleging it.

A company incorporated under the Companies Act has separate legal personality; its members' liability is limited except where the Act imposes personal liability.

A company may create a charge over its assets; the charge must be registered with the Registrar of Companies within the prescribed period, failing which it is void against the liquidator and creditors.

Directors owe fiduciary duties of good faith, care and skill, and must avoid conflicts of interest; breach may give rise to personal liability.

Shares may be transferred subject to the articles; a transfer of shares is not a notarial instrument but must comply with the Act and the articles.

A prospectus or offer of securities to the public must comply with the Securities and Exchange Commission Act and its regulations.

The Companies Act requires audited financial statements and annual returns; failure to file is an offence by the company and its officers.

A notary who attests a company instrument should verify the authority of the signatory and the existence of a board resolution where required.

Insider dealing and market manipulation are offences under the Securities and Exchange Commission Act.

A notarial instrument must identify the parties, recite the operative facts, state the consideration, and contain the operative clauses and signatures.

The attestation clause must record the date, place, the notary's satisfaction as to identity, and, where applicable, that the instrument was read and explained.

Two witnesses must attest a deed affecting land; the witnesses must be present at execution and sign in the presence of the notary.

A notary must not attest an instrument with blanks; all material terms must be complete before execution.

Where a party is blind or illiterate, the notary must read the instrument over and certify that it was read and explained, and the certificate must be recorded on the instrument.

A power of attorney must be executed with the same formalities as the instrument it authorises; a power to sell land must be notarially attested.

Corrections in a notarial instrument must be made before execution and initialled by the parties and the notary; post-execution alterations require a fresh instrument or a notarially attested correction.

The notary must retain a copy in the protocol and issue certified copies on request, charging the prescribed fee.

A notary owes duties of confidentiality, loyalty and avoidance of conflict of interest to clients and to the court.

A notary must not act where a conflict of interest exists between the parties, and must decline to attest an instrument tainted by fraud or illegality.

The Financial Intelligence Unit Act and regulations impose customer due diligence, record-keeping and suspicious transaction reporting obligations on designated persons, including notaries.

Customer due diligence requires identification and verification of the identity of clients and, where applicable, beneficial owners.

A suspicious transaction report must be filed with the Financial Intelligence Unit where there are reasonable grounds to suspect money laundering or terrorist financing.

Record-keeping obligations require retention of client identification and transaction records for the period prescribed by the regulations.

A notary who fails to comply with AML obligations may face disciplinary action and criminal liability.

A notary must not disclose to the client that a suspicious transaction report has been filed (tipping-off prohibition).