LPL4805 - NOTARIAL PRACTICE
Exam Master Guide
Compiled for UNISA Students - Based on 2023, 2021, and Study Guide Content
Compiled by The Brain-Lab Tutors
,1. EXAM OVERVIEW & STRATEGY
Exam format:
• 6 questions, all compulsory (total = 100 marks).
• Duration: 4 hours.
• Closed book, proctored via Invigilator App.
Mark distribution (typical):
• Q1–Q6: Each 15–25 marks.
• Mix of theory, case law, and practical drafting knowledge.
Examination expectations:
1. Use legal principles, statutes, and case authority.
2. Apply law to the given facts - not just definitions.
3. Use structured answers.
o I – Identify the issue.
o R – Rule (state law/case/statute).
o A – Apply law to facts.
o C – Conclude clearly.
4. Logical flow and short paragraphs.
5. 5% or less direct quotations.
6. South African English spelling.
2. STUDY UNIT SUMMARIES
Study Unit 1: Office & General Functions of the Notary
• The notary public is an admitted attorney with special duties.
• Functions include:
o Authentication of documents.
, o Drafting and attesting notarial deeds and contracts.
o Registration in the Deeds Office.
• Must act impartially, maintain confidentiality, and uphold integrity.
• Legislation: Deeds Registries Act 47 of 1937; Notaries Act.
• Ethics: High moral standard; Code of Conduct prohibits conflicts of interest.
tip: Often tested indirectly in questions about antenuptial contracts or bonds.
Study Unit 2: Notarial Bonds
• A notarial bond is a written instrument registered by a notary hypothecating movable
property as security for a debt.
• Types:
1. General Notarial Bond (GNB) - covers all movables.
2. Special Notarial Bond (SNB) - covers specified movables.
Essential Provisions:
• Names of parties.
• Description of debt and property.
• Debtor’s signature before the notary.
• Registration within 3 months of execution.
• May be registered in more than one deeds office (within specified periods).
Case Law:
• Cooper v Merchant Trade Finance Ltd 2000 (3) SA 1009 (SCA) - confirms that an SNB
creates a real right when correctly registered.
Exam link: Q3 & Q4 in 2023 paper.
Study Unit 3: Antenuptial Contracts (ANCs)
• Purpose: To regulate the matrimonial property system of spouses.
• Must be executed before marriage and registered within 3 months.
Exam Master Guide
Compiled for UNISA Students - Based on 2023, 2021, and Study Guide Content
Compiled by The Brain-Lab Tutors
,1. EXAM OVERVIEW & STRATEGY
Exam format:
• 6 questions, all compulsory (total = 100 marks).
• Duration: 4 hours.
• Closed book, proctored via Invigilator App.
Mark distribution (typical):
• Q1–Q6: Each 15–25 marks.
• Mix of theory, case law, and practical drafting knowledge.
Examination expectations:
1. Use legal principles, statutes, and case authority.
2. Apply law to the given facts - not just definitions.
3. Use structured answers.
o I – Identify the issue.
o R – Rule (state law/case/statute).
o A – Apply law to facts.
o C – Conclude clearly.
4. Logical flow and short paragraphs.
5. 5% or less direct quotations.
6. South African English spelling.
2. STUDY UNIT SUMMARIES
Study Unit 1: Office & General Functions of the Notary
• The notary public is an admitted attorney with special duties.
• Functions include:
o Authentication of documents.
, o Drafting and attesting notarial deeds and contracts.
o Registration in the Deeds Office.
• Must act impartially, maintain confidentiality, and uphold integrity.
• Legislation: Deeds Registries Act 47 of 1937; Notaries Act.
• Ethics: High moral standard; Code of Conduct prohibits conflicts of interest.
tip: Often tested indirectly in questions about antenuptial contracts or bonds.
Study Unit 2: Notarial Bonds
• A notarial bond is a written instrument registered by a notary hypothecating movable
property as security for a debt.
• Types:
1. General Notarial Bond (GNB) - covers all movables.
2. Special Notarial Bond (SNB) - covers specified movables.
Essential Provisions:
• Names of parties.
• Description of debt and property.
• Debtor’s signature before the notary.
• Registration within 3 months of execution.
• May be registered in more than one deeds office (within specified periods).
Case Law:
• Cooper v Merchant Trade Finance Ltd 2000 (3) SA 1009 (SCA) - confirms that an SNB
creates a real right when correctly registered.
Exam link: Q3 & Q4 in 2023 paper.
Study Unit 3: Antenuptial Contracts (ANCs)
• Purpose: To regulate the matrimonial property system of spouses.
• Must be executed before marriage and registered within 3 months.
