Sri Lanka Notary's Preliminary Exam flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Notaries Ordinance warrant

A notary in Sri Lanka is appointed by warrant of the Minister of Justice under the Notaries Ordinance, which defines the notary's authority, jurisdiction, and disciplinary framework.

Notarial attestation essentials

A valid notarial attestation records the date and place of execution, the identity of the executant, and the notary's signature and seal, with the notary satisfied of identity.

Protocols and registers

A notary must keep a register and preserve a copy of every attested instrument, indexed and open to inspection on payment of the prescribed fee under the Notaries Ordinance.

Prevention of Frauds s.21

No sale, transfer, mortgage or charge of land is valid unless effected by a written instrument attested by a notary and two witnesses under the Prevention of Frauds Ordinance.

Consideration lawfulness

A contract founded on an unlawful object or consideration is void under the Roman-Dutch law received in Sri Lanka, and the parties cannot enforce it.

Contract prescription period

Under the Prescription Ordinance, most contract claims prescribe after six years from the date the cause of action accrues, subject to statutory exceptions.

Restraint of trade

A restraint of trade clause is enforceable only if reasonable as to scope, duration and area; an unreasonable restraint is unenforceable as contrary to public policy.

Registered title indefeasibility

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

Deed registration effect

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

Prescriptive title to land

Open, peaceful and uninterrupted possession of land for ten years (thirty years against the State) may confer prescriptive title under the Prescription Ordinance.

Land mortgage formality

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

General-law divorce grounds

Under the Marriage Registration Ordinance, divorce requires proof of a fault ground such as adultery, malicious desertion for two years, or incurable impotence; consent alone is insufficient.

Will execution formality

A will must be signed by the testator in the presence of two witnesses who attest in the testator's presence, as required by the Prevention of Frauds Ordinance.

Legitim forced share

Legitim entitles children to a fixed portion of a parent's estate under the general law; a will that disinherits a child without lawful cause is reducible.

Three certainties of trust

A valid trust requires certainty of intention, certainty of subject matter and certainty of objects; absence of any certainty renders the trust void.

Probate and letters

An executor named in a will obtains probate from the District Court; where no executor is named, an administrator obtains letters of administration to administer the estate.

Revocation of will

A will may be revoked by a later will, by a written declaration of revocation attested like a will, or by destruction with intent to revoke.

Delict elements

Delict liability under Roman-Dutch law requires a wrongful act, fault (intentional or negligent), causation, and damage; all four elements must be proved.

Res judicata

Res judicata bars a second suit between the same parties on the same cause of action already decided by a competent court, protecting finality of litigation.

Interim injunction test

Under the Civil Procedure Code, an interim injunction is granted on proof of a prima facie case and irreparable harm, and the court may require security.

Forgery under Penal Code

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

Uttering forged document

Uttering a forged document, knowing it to be forged, is a separate offence under the Penal Code, distinct from the offence of forging the document itself.

Notary criminal liability

A notary who knowingly attests a false instrument or certifies a false fact may be prosecuted for forgery, cheating or breach of trust, and removed from office.

Charge registration

A company charge must be registered with the Registrar of Companies within the prescribed period; if not, it is void against the liquidator and creditors.

Separate legal personality

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

Director fiduciary duties

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

Blind or illiterate executant

Where an executant is blind or illiterate, the notary must read and explain the instrument and record a certificate of that fact on the instrument itself.

No blanks in instruments

A notary must not attest an instrument containing blanks; all material terms must be complete before execution, and corrections must be initialled before execution.

Power of attorney formality

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 and witnessed.

Customer due diligence

AML rules require notaries to identify and verify clients and beneficial owners, keep records, and conduct ongoing monitoring of transactions under the Financial Intelligence Unit Act.

Suspicious transaction report

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

Tipping-off prohibition

A notary must not disclose to the client that a suspicious transaction report has been filed; tipping off is prohibited under the anti-money laundering framework.