NOTARIALPRACTICE – LPL-4805
STU 1 – NOTARIAL OFFICE AND GENERAL FUCTIONS – P 1
1. What is expected of a notary in the execution of his notarial office?
a. He has to ensure that a person has the required authority to act in that capacity. Eg
POA, executor ect
b. He must ensure that the parties and witnesses appearing before him have
contractual capacity.
c. He must be impartial at all times, even if he acts on behalf of a client in a multilateral
transaction.
d. He may have no interest in a document which he executes or attests.
e. He has the duty to ensure that the parties to a notarial transaction fully comprehend
the content of and the legal principles involved in the documents they sign.
2. Which requirements must be complied with for admission to the office of notary?
a. The Act prescribes that the HC may on application made in the prescribed manner,
admit and enroll any person as a notary if the court is satisfied that:
i. He is admitted to practice as an attorney
ii. No order of court striking his name off the roll or suspending him from
practice is in operation and that no proceedings to this effect are pending
iii. He has passed the practical examination prescribed for notaries in sec 14(1)
(d) of the Act.
3. Which factors can give rise to suspension or removal from the office of notary?
a. As a practicing notary is required to be an admitted attorney the provisions of Sec 22
of Act 53 would automatically also apply to a notary.
4. Give a brief description of a notary.
a. A public officer admitted and authorised by the HC to prepare and execute contracts
and other documents and
b. to authenticate public acts under supervision of the HC.
c. Only a practicing attorney who has been admitted as a notary may practice as a
notary.
5. What assurance does the public have that a document will be drafted properly if it is
done by a notary?
a. A notary is highly qualified and is considered to be an expert in his field.
b. He must have obtained a prescribed university degree,
successfully completed a prescribed period of articles and
must have passed the prescribed practical examination for notaries.
, c. He must be a practicing attorney.
d. He is an officer of the HC, admitted by the court and performing his duties under
the supervision of the Court.
e. The office of notary is held in high esteem and great emphasis is placed on his
duty of care and on qualities such as responsibility,
credibility, impartiality and professional integrity.
f. A notary is also bound to honour the code of conduct for attorneys adopted by
the Law Society of SA.
6. Name 5 documents that have to be drafted by a notary before they would be accepted
for registration.
a. The registration of antenuptial contracts.
b. Notarial bonds.
c. Deeds of servitude.
d. Leases
e. Sub-leases and
f. Cessions of these leases.
7. May a notary practice at any place in the Republic of SA?
a. A practicing notary may specifically for the purposes of the Deeds Act,
b. execute any act in respect of any deed or document establishing or transferring
real rights in land
c. in the Republic of SA, irrespective of the province where he was admitted.
8. Define Protocol Register – p 3
a. A notary is required to note chronologically, according to number and date, in a
register all the original deeds passed before him and to keep these deeds in an
orderly fashion in a safe place.
b. The register is referred to as the Protocol Register and the collection of deeds as the
Protocol.
STU 2 – DRAFTING OF DOCUMENTS – P 10
1. Name 10 important guidelines that a notary has to take into account when drafting
documents.
Formal requirements
a. The Deeds Act contains specific provisions regarding the formal appearance of deeds
and documents to be submitted for registration.
i. A notarial deed which is prepared with a view to eventual registration must
comply with the prescriptions of the Deeds Act
b. Prescribed requirements as to form must, where applicable, be complied with.
c. The notary assumes the same responsibility for correctness, as does a conveyancer,
in terms of the Act, by virtue of the office he holds.
, d. When a standard form document is used the notary should approached and
scrutinize these documents with caution and diligence.
Content
a. A notarial deed must be phrased and structured in such a way that it reflects the
intention of the parties correctly, clearly and unambiguously.
b. A well-drafted notarial document is clear, logical, to the point and easy to
understand.
c. If an existing draft document is used care must be taken to ensure that it is
adapted in all respect so meet and satisfy the needs of the particular case.
Interpretation
a. The heading and preamble to a deed serve as an aid to interpretation of a
document, but
i. are not predominant if they are inconsistent with the operative part
of the deed.
b. Words in the margin do not normally form part of a contract.
c. An ambiguous word or statement will be interpreted by the courts to the
prejudice of the person in whose favour the document was prepared.
i. A contractual obligation must be defined clearly and must be
ascertainable in order to be enforceable.
ii. Terms in a contract that confer an unfettered right on one of the
parties
o to determine the extent of the performance of either party
o are void on the grounds of vagueness.
d. Punctuation plays an important role in the interpretation of a deed.
2. What does the term “professionalism” mean in respect of drafting a document?
a. A notary must refrain from executing or certifying documents in which he has a
personal interest.
i. The integrity and professional independence of a notary are held in very high
esteem.
b. A notary must satisfy himself of the identity of the parties appearing before him and
of their capacity to act.
c. Instructions must be carefully and correctly noted and properly understood by the
notary.
d. The notary must at all times bear in mind that all information conveyed to him by a
client is confidential and protected against disclosure.
e. The notary as a draftsman must not only have sufficient knowledge to take
instructions from the client with regard to a document that has to be prepared,
but he must also take care to give effect to the true intention of the parties.
STU 1 – NOTARIAL OFFICE AND GENERAL FUCTIONS – P 1
1. What is expected of a notary in the execution of his notarial office?
a. He has to ensure that a person has the required authority to act in that capacity. Eg
POA, executor ect
b. He must ensure that the parties and witnesses appearing before him have
contractual capacity.
c. He must be impartial at all times, even if he acts on behalf of a client in a multilateral
transaction.
d. He may have no interest in a document which he executes or attests.
e. He has the duty to ensure that the parties to a notarial transaction fully comprehend
the content of and the legal principles involved in the documents they sign.
2. Which requirements must be complied with for admission to the office of notary?
a. The Act prescribes that the HC may on application made in the prescribed manner,
admit and enroll any person as a notary if the court is satisfied that:
i. He is admitted to practice as an attorney
ii. No order of court striking his name off the roll or suspending him from
practice is in operation and that no proceedings to this effect are pending
iii. He has passed the practical examination prescribed for notaries in sec 14(1)
(d) of the Act.
3. Which factors can give rise to suspension or removal from the office of notary?
a. As a practicing notary is required to be an admitted attorney the provisions of Sec 22
of Act 53 would automatically also apply to a notary.
4. Give a brief description of a notary.
a. A public officer admitted and authorised by the HC to prepare and execute contracts
and other documents and
b. to authenticate public acts under supervision of the HC.
c. Only a practicing attorney who has been admitted as a notary may practice as a
notary.
5. What assurance does the public have that a document will be drafted properly if it is
done by a notary?
a. A notary is highly qualified and is considered to be an expert in his field.
b. He must have obtained a prescribed university degree,
successfully completed a prescribed period of articles and
must have passed the prescribed practical examination for notaries.
, c. He must be a practicing attorney.
d. He is an officer of the HC, admitted by the court and performing his duties under
the supervision of the Court.
e. The office of notary is held in high esteem and great emphasis is placed on his
duty of care and on qualities such as responsibility,
credibility, impartiality and professional integrity.
f. A notary is also bound to honour the code of conduct for attorneys adopted by
the Law Society of SA.
6. Name 5 documents that have to be drafted by a notary before they would be accepted
for registration.
a. The registration of antenuptial contracts.
b. Notarial bonds.
c. Deeds of servitude.
d. Leases
e. Sub-leases and
f. Cessions of these leases.
7. May a notary practice at any place in the Republic of SA?
a. A practicing notary may specifically for the purposes of the Deeds Act,
b. execute any act in respect of any deed or document establishing or transferring
real rights in land
c. in the Republic of SA, irrespective of the province where he was admitted.
8. Define Protocol Register – p 3
a. A notary is required to note chronologically, according to number and date, in a
register all the original deeds passed before him and to keep these deeds in an
orderly fashion in a safe place.
b. The register is referred to as the Protocol Register and the collection of deeds as the
Protocol.
STU 2 – DRAFTING OF DOCUMENTS – P 10
1. Name 10 important guidelines that a notary has to take into account when drafting
documents.
Formal requirements
a. The Deeds Act contains specific provisions regarding the formal appearance of deeds
and documents to be submitted for registration.
i. A notarial deed which is prepared with a view to eventual registration must
comply with the prescriptions of the Deeds Act
b. Prescribed requirements as to form must, where applicable, be complied with.
c. The notary assumes the same responsibility for correctness, as does a conveyancer,
in terms of the Act, by virtue of the office he holds.
, d. When a standard form document is used the notary should approached and
scrutinize these documents with caution and diligence.
Content
a. A notarial deed must be phrased and structured in such a way that it reflects the
intention of the parties correctly, clearly and unambiguously.
b. A well-drafted notarial document is clear, logical, to the point and easy to
understand.
c. If an existing draft document is used care must be taken to ensure that it is
adapted in all respect so meet and satisfy the needs of the particular case.
Interpretation
a. The heading and preamble to a deed serve as an aid to interpretation of a
document, but
i. are not predominant if they are inconsistent with the operative part
of the deed.
b. Words in the margin do not normally form part of a contract.
c. An ambiguous word or statement will be interpreted by the courts to the
prejudice of the person in whose favour the document was prepared.
i. A contractual obligation must be defined clearly and must be
ascertainable in order to be enforceable.
ii. Terms in a contract that confer an unfettered right on one of the
parties
o to determine the extent of the performance of either party
o are void on the grounds of vagueness.
d. Punctuation plays an important role in the interpretation of a deed.
2. What does the term “professionalism” mean in respect of drafting a document?
a. A notary must refrain from executing or certifying documents in which he has a
personal interest.
i. The integrity and professional independence of a notary are held in very high
esteem.
b. A notary must satisfy himself of the identity of the parties appearing before him and
of their capacity to act.
c. Instructions must be carefully and correctly noted and properly understood by the
notary.
d. The notary must at all times bear in mind that all information conveyed to him by a
client is confidential and protected against disclosure.
e. The notary as a draftsman must not only have sufficient knowledge to take
instructions from the client with regard to a document that has to be prepared,
but he must also take care to give effect to the true intention of the parties.
