Sri Lanka Notary's Preliminary Exam key terms

A formal written document prepared, read over, and attested by a notary in the manner prescribed by law, carrying evidentiary weight as to its execution and contents.

The act of witnessing the signing of a document and certifying that the parties appeared before the notary, were identified, and signed in the notary's presence.

The official register or bound volume in which a notary records the details of every instrument executed before him, preserved as a public record on retirement or death.

A standardised certificate issued under the Hague Convention confirming the authenticity of a notary's signature and seal for use of the document abroad, replacing consular legalisation.

The notary's official stamp impressed on instruments and certificates, containing his name, office, and registration particulars, which authenticates the document.

The notary's mandatory verification of each signatory's identity through national identity card, passport, or other acceptable documentary evidence, recorded in the notarial records.

A written instrument by which one person, the principal, authorises another, the agent, to act on his behalf, often executed and attested as a notarial instrument.

A legal relationship in which one person is empowered to create legal relations between another and third parties, arising by express or implied agreement.

Something of value given in exchange for a promise, which must move from the promisee and be lawful, though need not be adequate in the eyes of the law.

The paired elements forming the core of contract formation: a definite promise made with intent to be bound, and an unqualified assent communicated to the offeror.

The requirement that parties to an agreement must contemplate legal consequences; presumed in commercial dealings but not in domestic or social arrangements.

The doctrine that only the parties to a contract may sue or be sued upon it, subject to statutory and equitable exceptions such as trusts and agency.

The retrospective adoption of an unauthorised act, such as an agent's transaction, giving it the same legal effect as if originally authorised.

The formal instrument by which ownership of immovable property is conveyed from transferor to transferee, executed and attested before a notary and subsequently registered.

A system in which the state maintains a register recording ownership of land, so that the registered proprietor's title is conclusive subject to statutory exceptions.

An official extract from land registry records disclosing all registered dealings, mortgages, leases, and charges affecting a particular land parcel over a stated period.

A formal notice lodged with the land registry warning that no dealing affecting specified land is to be registered without notice to the caveator.

A security interest created over immovable property by which the mortgagor transfers an interest to the mortgagee as security for repayment of a debt.

The two parcels of land involved in an easement: the dominant tenement enjoys the right, while the servient tenement bears the corresponding burden.

The mental ability required of a testator at the time of making a will: understanding the nature of the act, the extent of property, and the claims of those reasonably entitled.

A revocable declaration by a person directing how his property is to be distributed on death, effective only upon death and subject to formal execution requirements.

A supplementary document that amends, adds to, or partially revokes an existing will, executed with the same formalities as the will itself.

The statutory scheme governing distribution of a deceased person's estate when no valid will exists, following fixed rules of kinship and spousal entitlement.

The court's formal certification of the validity of a will and confirmation of the executor's authority to administer and distribute the estate.

The person named in a will to carry out its provisions, including collecting assets, paying debts, and distributing the residue to beneficiaries.

The court grant authorising an administrator to deal with the estate of a person who died intestate or without an effective executor.

A trust arising by operation of law where beneficial ownership returns to the settlor because the trust purpose fails or the transfer was not intended as a gift.

A trust imposed by equity, regardless of intention, to prevent unconscionable retention of property, typically arising from breach of fiduciary duty or fraud.

A trust intentionally created by a settlor through a written instrument, requiring certainty of intention, subject matter, and objects.

The obligation of a person in a position of trust to act in the beneficiary's best interest, avoiding conflicts of interest and unauthorised profit.

The acquisition of a right, or the extinction of an obligation, through the passage of time as fixed by statute, such as acquisitive prescription of land.

The statutory time within which an action must be commenced, after which the claim becomes barred, though the underlying right is not extinguished.

The set of facts giving rise to a legal right to sue, which must exist at the time proceedings are instituted for the action to be maintainable.

A written statement of facts sworn or affirmed before a notary or other authorised officer, admissible as evidence subject to the rules of court.

The making of a false document or the material alteration of a genuine one with intent to deceive or defraud, an offence affecting notarial instruments.

Knowingly offering or using a forged document as genuine with intent to deceive, a distinct offence from the act of forgery itself.

The constitutional documents of a company: the memorandum defines its name, objects, and capital, while the articles regulate its internal management.

The lawful assignment of shares from one holder to another, effected by a duly executed instrument and registration by the company in its share register.

An officer responsible for statutory filings, maintenance of registers, and compliance with company law, whose duties may include certifying instruments for registration.

The anti-money-laundering process of identifying clients, verifying their identity, and understanding the purpose of a transaction before acting for them.

A confidential disclosure made to the financial intelligence unit where a notary knows or suspects that funds are the proceeds of crime or linked to terrorism.

The natural person who ultimately owns or controls a client or the property involved in a transaction, whose identity must be established under anti-money-laundering rules.