Notarial Practice Course

Question 1

Essay Plan

Answer 1

1. Identify client
2. Provide regulatory information
3. Evaluate document
4. Suggested amendments/approach
5. Legalisation
6. Fees & ID requirements
7. Draft act
8. Update records

Question 2

Regulatory Information

Answer 2

1. Complaints procedure
2. Terms & Conditions
3. Off-premises/distance contracts (14-day cancellation)
4. Data protection consent
5. Money laundering

Question 3

Document Evaluation

Answer 3

1. Who is signing?
2. What capacity are they signing in?
3. What ID and evidence will they need to provide?
4. Are there any issues of capacity?
   a. Bankruptcy
   b. Mental capacity
   c. Language
5. Formalities (ink, witnesses, stamps, oath, etc.)
6. Is the client happy with the contents?

Question 4

Suggested Amendments

Answer 4

1. Confirm major edits with foreign lawyer
2. Remove reference(s) that NP cannot certify (marital status, domicile, etc.)
3. Correct mistakes (e.g. UK law, wrong company number, etc.)
4. Suggest alternative methods if NP cannot act

Question 5

Legalisation

Answer 5

Is the recipient in a country that is party to the Hague Apostille?

What legalisation is required? Can the document be legalised directly?

Question 6

Fees & ID

Answer 6

1. Give client an accurate price, if possible.
2. Ask client to bring ID and proof of address (pay attention to document in case specific ID needed)
3. Tell client not to pre-sign

Question 7

Update Records

Answer 7

1. Complete notarial register

2. Retain original act in the protocol, with number (if public form)

Question 8

South African Oath

Answer 8

I swear that the contents of this declaration are true, so help me God.

Question 9

South African Affirmation

Answer 9

I truly affirm that the contents of this declaration are true.

Question 10

Statutory Declaration

Answer 10

I, [NAME], do solemnly and sincerely declare that […] and I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1835

Question 11

Oath for a Jew

Answer 11

I swear by Almighty God that this is my name and handwriting, that the contents of this, my affidavit, are true [and that this is the exhibit[s] referred to therein].

Sworn on Old Testament

Question 12

Oath for a Christian

Answer 12

I swear by Almighty God that this is my name and handwriting, that the contents of this, my affidavit, are true [and that this is the exhibit[s] referred to therein].

Sworn on New Testament

Question 13

Oath for a Sikh

Answer 13

I swear by Almighty God that this is my name and handwriting, that the contents of this, my affidavit, are true [and that this is the exhibit[s] referred to therein].

Sworn on Guru Granth

Question 14

Oath for a Muslim

Answer 14

I swear by Allah that this is my name and handwriting, the contents of this, my affidavit, are true [and that this is the exhibit[s] referred to therein].

Sworn on Qu’ran

Question 15

Oath for a Hindu

Answer 15

I swear on the Gita that this is my name and handwriting, that the contents of this, my affidavit, are true [and that this is the exhibit[s] referred to therein].

Sworn on Gita

Question 16

Affirmation

Answer 16

I do solemenly, sincerely and truly declare and affirm that this is my name and handwriting, that the contents of this, my affidavit, are true [and that this is the exhibit[s] referred to therein].

Question 17

Jurat of Oath

Answer 17

SWORN at [PLACE], this [XX] of [XX} 2016, before me

Question 18

Jurat of Affirmation

Answer 18

AFFIRMED at [PLACE], this [XX] of [XX] 2016, before me

Question 19

Legal Form of a Charity

Answer 19

1. Charitable trust (whose trustees may be an incorporated body or not)
2. Private limited company
3. Charitable incorporated organisation
4. Chartered or statutory corporation

Question 20

Execution of Deeds by Charitable Trust

Answer 20

1. Execution by all the trustees, with a witness
2. Execution by two trustees pursuant to an authority (s. 333 CA 2011)
3. Where the trustees are an incorporated body:
   a. Under seal
   b. By two trustees pursuant to an authority
   c. By a majority of the trustees

Question 21

Execution of Deeds by a Limited Company

Answer 21

1. Execution under seal
2. Execution in accordance with s. 44(2) CA 2006
3. Execution by attorney (N.B. Also by deed)

Question 22

Execution of Deeds by CIOs

Answer 22

1. Execution under seal
2. Execution by two trustees (or one, if sole)
3. Execution by attorney (N.B. Also by deed)

Question 23

Execution of Deeds by Overseas Companies

Answer 23

1. Under seal (if foreign law permits)

2. By person authorised in accordance with law of its place of incorporation

Question 24

Execution of Deeds by Societas Europea

Answer 24

Along the same lines as a limited company

Question 25

Execution of Deeds by Building Societies

Answer 25

Under seal according to the Rules

Question 26

Execution of Deeds by Friendly Societies

Answer 26

If unregistered/registered, then as an unincorporated association (i.e. by all members or attorneys in the presence of a witness). If incorporated, then: 1. Under seal 2. By the signature of two managers (or one manager and the secretary)

Question 27

Execution of Deeds by Credit Unions

Answer 27

1. Under seal | 2. By the signature of two committee members (or one member and the secretary)

Question 28

Execution of Deeds by General Partnerships

Answer 28

As a GP is not a body corporate, its deeds must be executed by all members (or their attorneys) in the presence of a witness (unless the partner is a body corporate)

Question 29

Execution of Deeds by Limited Partnerships

Answer 29

An LP is not a body corporate, but its limited partners may not take part in the management, so only the GP needs to sign Sometimes, there may be an Investment Manager - the NP should review the IMA to see what provisions are in place for execution of deeds

Question 30

Execution of Deeds by OEICs

Answer 30

1. Execution under Seal 2. Execution by one ACD N.B. If the ACD is a limited company, then the normal rules apply.

Question 31

Elements of an Acknowledgement

Answer 31

1. Country and city where taken 2. Date (in words) 3. Name of the NP 4. Address 5. Signature 6. Seal (and stamp) 7. Commission expiry

Question 32

Notarial Acknowledgement

Answer 32

Kingdom of England ) City of London ) s.s. ON THIS [DATE IN WORDS], before me, the undersigned N.N., a Notary Public authorised to practise throughout E+W, with offices at [ADDRESS], personally appeared [NAME], who, proved to me on the basis of satisfactory evidence to be the person whose signature appears on the within instrument, acknowledged to me that he executed the same [for and on behalf of [XXX] in his capacity as [XXX]] for the purposes therein named and described. ISSUED under my hand and seal of office at London, England, this [DATE IN WORDS] [SIGNATURE] [SEAL] [STAMP] My commission expires with life.

Question 33

Elements of a Direct Notarial Certificate

Answer 33

1. Name of the NP 2. Address 3. Date (in words) 4. Place 5. Signature 6. Seal

Question 34

Records of Notarial Acts

Answer 34

(r. 23 NPR 2014) 1. Name of IP 2. Date 3. Name of intervening party (and Principal) 4. Method of ID 5. Evidence of authority 6. Nature of act 7. Fee

Question 35

Protesting a Bill of Exchange (Non-Acceptance)

Answer 35

1. Is the bill valid? 2. Is the bill a foreign bill? 3. Has the bill been properly presented? 4. Has notice of dishonour been given by holder to drawee? The NP should make another attempt on the same day or next working day to present, and (if this fails) note the dishonour on the bill/records.

Question 36

Protesting a Bill of Exchange (Non-Payment)

Answer 36

1. Is the bill valid? 2. Is the bill a foreign bill? 3. Has the bill been accepted? 4. Is the bill due for payment? 5. Has the been been properly presented for payment? 6. Has notice of dishonour been given by holder to drawee? The NP should make another attempt on the same day or next working day to present, and (if this fails) note the dishonour on the bill/records.

Question 37

Validity of a Bill of Exchange

Answer 37

``` A bill of exchange is valid if it is: 1. Unconditional order 2. Addressed to another 3 For payment of a determinate monetary sum 4. At a specific date (or on demand) 5. To a specific person (or the bearer) ``` N.B. It does not have to be dated by the drawer, nor specifiy a place of payment

Question 38

Foreign Bills of Exchange

Answer 38

A foreign bill is any bill drawn outside the UK, Channel Islands or Isle of Man

Question 39

Presentation for Acceptance

Answer 39

A bill will have been properly presented for acceptance, only if it is presented: 1. By the holder to the drawee 2. On a business day at a reasonable hour 3. Before the bill is overdue 4. Using reasonable diligence to locate the drawee

Question 40

Acceptance

Answer 40

A bill will be deemed to have been accepted if: 1. It is signed by the drawer 2. On the bill

Question 41

Presentation for Payment

Answer 41

A bill will have been properly presented for payment, only if it is presented: 1. By the holder to the drawee 2. On a business day at a reasonable hour 3. On the day it falls due for payment 4. At the proper place of payment, which is either a. The place specified in the bill b. The address of the drawee if shown on the bill c. The drawee's ordinary place of business if no address shown d. The drawee's last-known place of business (or where he can be found)

Question 42

Elements of a Notarial Protest

Answer 42

1. Copy of the bill 2. Name of the person requesting the protest 3. Place and date of the protest 4. Reason for the protest 5. Details of the demand made and answer given (or the fact the drawee could not be found) 6. Other usual elements of a notarial act (date, seal, etc.)