Notarial LPL4805 EXAM PACK
2021
,NOTARIAL PRACTICE
REVISION STUDY PACK
, 1
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
, 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 transferring real rights in land in the Republic of South Africa is a person
who practises as such in the Republic.
A practising notary may thus, specifically for the purposes of the Deeds Act, execute any
act in respect of any deed or document establishing or transferring real rights in land in the
Republic of South Africa, irrespective of the province where he or she was admitted.
6. X is a notary. X's only daughter, Y, is engaged to Z. Z requests his future father-in-
law, X, to draft and execute the antenuptial contract between himself and Z. May X
draw up and execute the contract and would such a contract be valid? How would
you advise X? Substantiate your answer.
Duty of care
• A notary must take upon signing the document, ascertain the identity of those who
document export and signing as witnesses;
• When person in official capacity act sings the document, the notary must ensure
that the person has the authority to act;
• A notary must satisfy itself regarding the contractual capacity of the parties and
witnesses;
• A notary must act impartially at all times;
• A notary may have no interest in a document he executed or attested to, if there is
an identifiable interest, his demeanour would amount to unprofessional conduct and
the document would be invalid (van den Heever v Kahn)
• He must receive no personal benefit from the documents;
• A notary has a duty to ensure at the parties to a notarial transaction fully
comprehend the content of and the legal principles involved in the documents they
sign, they must consult with the client personally. It has been frowned upon where
a document was signed before a notary by virtue of a power of attorney
• Not a requirement to affix an official seal or stamp, but it has become practice to do
so;
7. Name ten important guidelines that a notary has to take into account when drafting
documents. (10)
2021
,NOTARIAL PRACTICE
REVISION STUDY PACK
, 1
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
, 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 transferring real rights in land in the Republic of South Africa is a person
who practises as such in the Republic.
A practising notary may thus, specifically for the purposes of the Deeds Act, execute any
act in respect of any deed or document establishing or transferring real rights in land in the
Republic of South Africa, irrespective of the province where he or she was admitted.
6. X is a notary. X's only daughter, Y, is engaged to Z. Z requests his future father-in-
law, X, to draft and execute the antenuptial contract between himself and Z. May X
draw up and execute the contract and would such a contract be valid? How would
you advise X? Substantiate your answer.
Duty of care
• A notary must take upon signing the document, ascertain the identity of those who
document export and signing as witnesses;
• When person in official capacity act sings the document, the notary must ensure
that the person has the authority to act;
• A notary must satisfy itself regarding the contractual capacity of the parties and
witnesses;
• A notary must act impartially at all times;
• A notary may have no interest in a document he executed or attested to, if there is
an identifiable interest, his demeanour would amount to unprofessional conduct and
the document would be invalid (van den Heever v Kahn)
• He must receive no personal benefit from the documents;
• A notary has a duty to ensure at the parties to a notarial transaction fully
comprehend the content of and the legal principles involved in the documents they
sign, they must consult with the client personally. It has been frowned upon where
a document was signed before a notary by virtue of a power of attorney
• Not a requirement to affix an official seal or stamp, but it has become practice to do
so;
7. Name ten important guidelines that a notary has to take into account when drafting
documents. (10)
