Notarial (LPL4805) Revision Study Pack 2020

Notarial (LPL4805) Revision Study Pack 2020 STUDY UNIT 1 1. Give a brief description of a notary A public officer, admitted and authorized by the High court to prepare and execute contracts and other documents and to authenticate public acts under supervision of the High Court. Only a practicing attorney who has been admitted as a notary may practice as such. 2. Define Protocol & Protocol Register & distinguish between a protocol and protocol register Protocol is the collection of original deeds executed by a notary. Protocol Register is a register where record of all deeds executed and recorded in chronological order (date and number) Protocol is the orderly and safe recordkeeping of all deeds executed and recorded in the register are kept in a chronological order (by number and date). Documents merely certified need not be kept nor mere noting, presentation or protest of a bill. 3. What assurance does the public have that a document will be properly prepared when such a document is prepared by a notary? (5) A notary is highly qualified and is considered to be an expert in his or her field (1). He or she must have obtained a prescribed university degree, successfully completed a prescribed period of articles and must have passed the prescribed practical examination for notaries (1). He or she must be a practising attorney (1). He or she is an officer of the High Court (1), admitted by the court and performing his or her duties under the supervision of the Court (1). The office of notary is held in high esteem and great emphasis is placed on his or her duty of care and on qualities such as responsibility, credibility, impartiality and professional integrity (1). A notary is also bound to honour the code of conduct for attorneys adopted by the Law Society of South Africa (1). A notary is permitted by the High Court to his office, and suspended by the Law Society or of its own motion by the court or of the role to be suspended if he is guilty of unprofessional conduct. 4. Name five documents that have to be drafted by a notary before they would be accepted for registration. (5)  Antenuptial agreement (1)  Notarial bond (1)  Deeds of servitude (1)  Long-term lease & sub-lease (1)  Cession of these leases (1) Power of attorney or application or consent required for registration in the deed registry as well as an agreement beween co-owners for partition must be signed by an attorney/conveyance/notary Downloaded by: talitaclark | Distribution of this document is illegal S - The study-notes marketplace “The expert in anything was once a beginner” 2 A notary accepts responsibility for the accuracy of a document singed and prepared by him 5. May a notary practise at any place in the Republic of South Africa? Substantiate your answer and refer inter alia to the Deeds Registries Act 47 of 1937. (7) The registrar of the High Court keeps a register in which the names and signatures of all the notaries (and attorneys and conveyancers) admitted in each province, appear. If a notary wishes to practise in another province than the one where he or she was originally admitted, he or she has to apply in the prescribed manner to the relevant division of the High Court. Any document or act executed by a notary, however, has valid effect anywhere in South Africa irrespective of the province where he or she was admitted or is practising. Also note that in terms of the Deeds Act, a notary in respect of a deed or other document establishing or transferri