LPL4805 NOTARIAL PRACTICE
ASSIGNMENT 1 SEMESTER 2 2026 — VERSION 2.0
Advanced Multiple-Choice Question Bank
TABLE OF CONTENTS
Section Topic Questions
A The Notarial Office: Admission, Authority, and Duties 1–18
B Protocol and Protocol Register: Records and Retention 19–30
C Authentication and Certification of Documents 31–45
Powers of Attorney: Preparation, Execution, and
D 46–65
Certification
Notarial Bonds: Requirements, Registration, and
E 66–85
Enforcement
Praedial and Personal Servitudes: Creation,
F 86–105
Termination, and Rights
G Antenuptial and Postnuptial Contracts 106–120
Section 21 Applications under the Matrimonial
H 121–130
Property Act
I Notarial Noting and Protest of Negotiable Instruments 131–140
J Trusts and the Trust Property Control Act 141–150
SECTION A: THE NOTARIAL OFFICE — ADMISSION, AUTHORITY, AND DUTIES
Questions 1–18
🟢 Question 1
The acronym PAPASPA is used to describe the essential characteristics of a notary in South African law. The second "P" in this acronym denotes which of
the following attributes?
A. Professional practitioner admitted by the Law Society
B. Public officer authorised by the High Court to prepare and execute contracts
C. Practicing attorney who has passed the conveyancing examination
D. Permanent officer appointed by the Minister of Justice
🔴🔴 Correct Answer: B
Rationale: The PAPASPA acronym describes a notary as a Public officer, Admitted and authorised by the High Court to Prepare and execute contracts and
other documents and to Authenticate Public acts under supervision of the High Court. The second "P" refers to "Public officer".
🟢 Question 2
X, a practicing attorney, has been admitted as a notary but has not practised as a notary for the past five years. X is approached to draft an antenuptial
,contract. Which of the following statements is CORRECT?
A. X may draft the antenuptial contract as long as X is still a practicing attorney
B. X may draft the antenuptial contract only if X re-applies for notarial admission
C. X may not draft the antenuptial contract because X has not practised as a notary for more than three years
D. X may draft the antenuptial contract only if a conveyancer co-signs the document
🔴🔴 Correct Answer: A
Rationale: Only a practicing attorney who has been admitted as a notary may practice as such. There is no requirement that a notary must have actively
practised as a notary within a specific period, provided the notary remains a practicing attorney.
🟢 Question 3
Which of the following is NOT a requirement for admission as a notary in South Africa?
A. Obtaining a prescribed university degree
B. Successfully completing a prescribed period of articles
C. Passing the prescribed practical examination for notaries
D. Serving as a magistrate for at least two years
🔴🔴 Correct Answer: D
Rationale: A notary must have obtained a prescribed university degree, successfully completed a prescribed period of articles, and passed the prescribed
practical examination for notaries. Service as a magistrate is not a requirement.
🟢 Question 4
A notary is considered an officer of the High Court and performs duties under the supervision of the Court. This supervision primarily ensures that:
A. The notary's fees are regulated by the Court
B. The notary maintains high standards of professional conduct and document integrity
C. The notary's client base is approved by the Court
D. The notary's office is located within the Court precinct
🔴🔴 Correct Answer: B
Rationale: A notary is an officer of the High Court, admitted by the court and performing duties under the supervision of the Court. This ensures the
maintenance of high standards of professional conduct and document integrity.
🟢 Question 5
In the execution of notarial office, great emphasis is placed on the notary's duty of care and on qualities such as responsibility, credibility, impartiality, and
professional integrity. Which of the following scenarios would MOST directly violate the principle of impartiality?
A. A notary charges different fees to different clients based on the complexity of the document
B. A notary refuses to draft a document for a client because the client is a competitor in business
C. A notary favours one party to a transaction by advising that party on how to structure the transaction to their advantage while the other party is not
present
D. A notary takes longer to complete a document for one client than for another
🔴🔴 Correct Answer: C
Rationale: A notary must act impartially at all times and must not favour any party to a transaction. Advising one party to the disadvantage of another
party who is not present constitutes a direct violation of impartiality.
🟢 Question 6
A notary who is guilty of unprofessional conduct may be suspended. The power to suspend a notary resides with:
A. The Minister of Justice only
B. The Law Society or the High Court of its own motion
C. The Deeds Office Registrar
D. The Master of the High Court
🔴🔴 Correct Answer: B
Rationale: A notary may be suspended by the Law Society or of its own motion by the court if he or she is guilty of unprofessional conduct.
,🟢 Question 7
The High Court registrar is required to maintain a register of notaries. This register contains:
A. The names and professional qualifications of all notaries in South Africa
B. The names and signatures of all notaries, attorneys, and conveyancers admitted in each province
C. The disciplinary record of all notaries
D. The fee structure of all practicing notaries
🔴🔴 Correct Answer: B
Rationale: 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.
🟢 Question 8
A notary may practise at any place in the Republic of South Africa, subject to:
A. The approval of the local Law Society
B. The provisions of the Deeds Registries Act 47 of 1937
C. The consent of the Minister of Justice
D. The registration of the notary's practice in each province
🔴🔴 Correct Answer: B
Rationale: A notary may practise in the Republic of South Africa subject to the provisions of the Deeds Registries Act 47 of 1937.
🟢 Question 9
The notary's duty of care requires the notary to:
A. Guarantee the commercial success of the transaction for all parties
B. Exercise the skill and diligence reasonably expected of a competent notary in preparing and executing documents
C. Ensure that all parties to the transaction are personally known to the notary
D. Provide legal advice to all parties to the transaction
🔴🔴 Correct Answer: B
Rationale: The duty of care requires the notary to exercise the skill and diligence reasonably expected of a competent notary in preparing and executing
documents.
🟢 Question 10
Which of the following documents is NOT required to be drafted by a notary before it would be accepted for registration?
A. Antenuptial agreement
B. Notarial bond
C. Power of attorney for the transfer of immovable property
D. Deed of servitude
🔴🔴 Correct Answer: C
Rationale: Documents that must be drafted by a notary include antenuptial agreements, notarial bonds, deeds of servitude, long-term leases and sub-
leases, and cession of these leases. A power of attorney for the transfer of immovable property must be signed by an attorney, conveyancer, or notary, but
is not specifically required to be drafted by a notary.
🟢 Question 11
A notary accepts responsibility for:
A. The commercial viability of the transaction
B. The accuracy of a document signed and prepared by the notary
C. The payment of all taxes related to the transaction
D. The registration of the document with the Deeds Office
🔴🔴 Correct Answer: B
Rationale: A notary accepts responsibility for the accuracy of a document signed and prepared by him or her.
, 🟢 Question 12
When a person in an official capacity (such as a director of a company) signs a document before a notary, the notary must:
A. Simply witness the signature without any further enquiry
B. Ensure that the person has the authority to act on behalf of the entity
C. Contact the entity's head office for written confirmation
D. Request a copy of the entity's founding documents
🔴🔴 Correct Answer: B
Rationale: When a person in an official capacity signs a document, the notary must ensure that the person has the authority to act.
🟢 Question 13
It has been frowned upon where a document was signed before a notary:
A. In the presence of two witnesses
B. In a location other than the notary's office
C. By virtue of a power of attorney
D. Without the notary having personal knowledge of the signatory
🔴🔴 Correct Answer: C
Rationale: It has been frowned upon where a document was signed before a notary by virtue of a power of attorney.
🟢 Question 14
A notary is bound to honour the code of conduct for attorneys adopted by:
A. The High Court of South Africa
B. The Law Society of South Africa
C. The Minister of Justice and Constitutional Development
D. The South African Legal Practice Council
🔴🔴 Correct Answer: B
Rationale: A notary is bound to honour the code of conduct for attorneys adopted by the Law Society of South Africa.
🟢 Question 15
Which of the following best describes the legal nature of a notary's authentication of a document?
A. It provides conclusive proof that the contents of the document are true
B. It provides prima facie evidence that the document was executed in the notary's presence and that the signatories are who they claim to be
C. It guarantees the legal validity of the document in all circumstances
D. It replaces the need for registration of the document
🔴🔴 Correct Answer: B
Rationale: A notary's authentication confirms that the document was executed in the notary's presence and that the signatories are who they claim to be,
providing prima facie evidence of these facts.
🟢 Question 16
The requirement that a notary must be a "practicing attorney" means that the notary:
A. Must have a valid trust account
B. Must be on the roll of attorneys and entitled to practice as such
C. Must have a physical office with a receptionist
D. Must have been in practice for at least five years
🔴🔴 Correct Answer: B
Rationale: Only a practicing attorney who has been admitted as a notary may practice as such. This means the notary must be on the roll of attorneys and
entitled to practice.
ASSIGNMENT 1 SEMESTER 2 2026 — VERSION 2.0
Advanced Multiple-Choice Question Bank
TABLE OF CONTENTS
Section Topic Questions
A The Notarial Office: Admission, Authority, and Duties 1–18
B Protocol and Protocol Register: Records and Retention 19–30
C Authentication and Certification of Documents 31–45
Powers of Attorney: Preparation, Execution, and
D 46–65
Certification
Notarial Bonds: Requirements, Registration, and
E 66–85
Enforcement
Praedial and Personal Servitudes: Creation,
F 86–105
Termination, and Rights
G Antenuptial and Postnuptial Contracts 106–120
Section 21 Applications under the Matrimonial
H 121–130
Property Act
I Notarial Noting and Protest of Negotiable Instruments 131–140
J Trusts and the Trust Property Control Act 141–150
SECTION A: THE NOTARIAL OFFICE — ADMISSION, AUTHORITY, AND DUTIES
Questions 1–18
🟢 Question 1
The acronym PAPASPA is used to describe the essential characteristics of a notary in South African law. The second "P" in this acronym denotes which of
the following attributes?
A. Professional practitioner admitted by the Law Society
B. Public officer authorised by the High Court to prepare and execute contracts
C. Practicing attorney who has passed the conveyancing examination
D. Permanent officer appointed by the Minister of Justice
🔴🔴 Correct Answer: B
Rationale: The PAPASPA acronym describes a notary as a Public officer, Admitted and authorised by the High Court to Prepare and execute contracts and
other documents and to Authenticate Public acts under supervision of the High Court. The second "P" refers to "Public officer".
🟢 Question 2
X, a practicing attorney, has been admitted as a notary but has not practised as a notary for the past five years. X is approached to draft an antenuptial
,contract. Which of the following statements is CORRECT?
A. X may draft the antenuptial contract as long as X is still a practicing attorney
B. X may draft the antenuptial contract only if X re-applies for notarial admission
C. X may not draft the antenuptial contract because X has not practised as a notary for more than three years
D. X may draft the antenuptial contract only if a conveyancer co-signs the document
🔴🔴 Correct Answer: A
Rationale: Only a practicing attorney who has been admitted as a notary may practice as such. There is no requirement that a notary must have actively
practised as a notary within a specific period, provided the notary remains a practicing attorney.
🟢 Question 3
Which of the following is NOT a requirement for admission as a notary in South Africa?
A. Obtaining a prescribed university degree
B. Successfully completing a prescribed period of articles
C. Passing the prescribed practical examination for notaries
D. Serving as a magistrate for at least two years
🔴🔴 Correct Answer: D
Rationale: A notary must have obtained a prescribed university degree, successfully completed a prescribed period of articles, and passed the prescribed
practical examination for notaries. Service as a magistrate is not a requirement.
🟢 Question 4
A notary is considered an officer of the High Court and performs duties under the supervision of the Court. This supervision primarily ensures that:
A. The notary's fees are regulated by the Court
B. The notary maintains high standards of professional conduct and document integrity
C. The notary's client base is approved by the Court
D. The notary's office is located within the Court precinct
🔴🔴 Correct Answer: B
Rationale: A notary is an officer of the High Court, admitted by the court and performing duties under the supervision of the Court. This ensures the
maintenance of high standards of professional conduct and document integrity.
🟢 Question 5
In the execution of notarial office, great emphasis is placed on the notary's duty of care and on qualities such as responsibility, credibility, impartiality, and
professional integrity. Which of the following scenarios would MOST directly violate the principle of impartiality?
A. A notary charges different fees to different clients based on the complexity of the document
B. A notary refuses to draft a document for a client because the client is a competitor in business
C. A notary favours one party to a transaction by advising that party on how to structure the transaction to their advantage while the other party is not
present
D. A notary takes longer to complete a document for one client than for another
🔴🔴 Correct Answer: C
Rationale: A notary must act impartially at all times and must not favour any party to a transaction. Advising one party to the disadvantage of another
party who is not present constitutes a direct violation of impartiality.
🟢 Question 6
A notary who is guilty of unprofessional conduct may be suspended. The power to suspend a notary resides with:
A. The Minister of Justice only
B. The Law Society or the High Court of its own motion
C. The Deeds Office Registrar
D. The Master of the High Court
🔴🔴 Correct Answer: B
Rationale: A notary may be suspended by the Law Society or of its own motion by the court if he or she is guilty of unprofessional conduct.
,🟢 Question 7
The High Court registrar is required to maintain a register of notaries. This register contains:
A. The names and professional qualifications of all notaries in South Africa
B. The names and signatures of all notaries, attorneys, and conveyancers admitted in each province
C. The disciplinary record of all notaries
D. The fee structure of all practicing notaries
🔴🔴 Correct Answer: B
Rationale: 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.
🟢 Question 8
A notary may practise at any place in the Republic of South Africa, subject to:
A. The approval of the local Law Society
B. The provisions of the Deeds Registries Act 47 of 1937
C. The consent of the Minister of Justice
D. The registration of the notary's practice in each province
🔴🔴 Correct Answer: B
Rationale: A notary may practise in the Republic of South Africa subject to the provisions of the Deeds Registries Act 47 of 1937.
🟢 Question 9
The notary's duty of care requires the notary to:
A. Guarantee the commercial success of the transaction for all parties
B. Exercise the skill and diligence reasonably expected of a competent notary in preparing and executing documents
C. Ensure that all parties to the transaction are personally known to the notary
D. Provide legal advice to all parties to the transaction
🔴🔴 Correct Answer: B
Rationale: The duty of care requires the notary to exercise the skill and diligence reasonably expected of a competent notary in preparing and executing
documents.
🟢 Question 10
Which of the following documents is NOT required to be drafted by a notary before it would be accepted for registration?
A. Antenuptial agreement
B. Notarial bond
C. Power of attorney for the transfer of immovable property
D. Deed of servitude
🔴🔴 Correct Answer: C
Rationale: Documents that must be drafted by a notary include antenuptial agreements, notarial bonds, deeds of servitude, long-term leases and sub-
leases, and cession of these leases. A power of attorney for the transfer of immovable property must be signed by an attorney, conveyancer, or notary, but
is not specifically required to be drafted by a notary.
🟢 Question 11
A notary accepts responsibility for:
A. The commercial viability of the transaction
B. The accuracy of a document signed and prepared by the notary
C. The payment of all taxes related to the transaction
D. The registration of the document with the Deeds Office
🔴🔴 Correct Answer: B
Rationale: A notary accepts responsibility for the accuracy of a document signed and prepared by him or her.
, 🟢 Question 12
When a person in an official capacity (such as a director of a company) signs a document before a notary, the notary must:
A. Simply witness the signature without any further enquiry
B. Ensure that the person has the authority to act on behalf of the entity
C. Contact the entity's head office for written confirmation
D. Request a copy of the entity's founding documents
🔴🔴 Correct Answer: B
Rationale: When a person in an official capacity signs a document, the notary must ensure that the person has the authority to act.
🟢 Question 13
It has been frowned upon where a document was signed before a notary:
A. In the presence of two witnesses
B. In a location other than the notary's office
C. By virtue of a power of attorney
D. Without the notary having personal knowledge of the signatory
🔴🔴 Correct Answer: C
Rationale: It has been frowned upon where a document was signed before a notary by virtue of a power of attorney.
🟢 Question 14
A notary is bound to honour the code of conduct for attorneys adopted by:
A. The High Court of South Africa
B. The Law Society of South Africa
C. The Minister of Justice and Constitutional Development
D. The South African Legal Practice Council
🔴🔴 Correct Answer: B
Rationale: A notary is bound to honour the code of conduct for attorneys adopted by the Law Society of South Africa.
🟢 Question 15
Which of the following best describes the legal nature of a notary's authentication of a document?
A. It provides conclusive proof that the contents of the document are true
B. It provides prima facie evidence that the document was executed in the notary's presence and that the signatories are who they claim to be
C. It guarantees the legal validity of the document in all circumstances
D. It replaces the need for registration of the document
🔴🔴 Correct Answer: B
Rationale: A notary's authentication confirms that the document was executed in the notary's presence and that the signatories are who they claim to be,
providing prima facie evidence of these facts.
🟢 Question 16
The requirement that a notary must be a "practicing attorney" means that the notary:
A. Must have a valid trust account
B. Must be on the roll of attorneys and entitled to practice as such
C. Must have a physical office with a receptionist
D. Must have been in practice for at least five years
🔴🔴 Correct Answer: B
Rationale: Only a practicing attorney who has been admitted as a notary may practice as such. This means the notary must be on the roll of attorneys and
entitled to practice.
