Cap. 55 Art. 12Acts which notary may not receive.

It shall not be lawful for any notary to receive any act -

(a) which is expressly prohibited by law or manifestly contrary to good morals or to public policy;

(b) if any of the parties thereto is the notary’s spouse or is related to the notary by consanguinity or affinity in the direct line in any degree or in the collateral line up to the third degree inclusively;

(c) (i) which, being a will, contains any disposition in favour of the receiving notary, or any of the persons mentioned in paragraph (b), unless such disposition is allowed by law or is contained in a secret will not written by the notary or by any of the persons mentioned in that paragraph, and delivered to him sealed by the testator: Provided that the appointment of the notary, receiving a will wherein a testamentary trust is created, as trustee or protector shall not be interpreted to be a disposition in favour of the receiving notary;

(ii) which, being an act, contains any inter vivos provision concerning the receiving notary or any of the persons referred to in paragraph (b), unless such provision is required or allowed by law;

(d) if any of the parties thereto is by the competent authority restrained from entering into contracts or disposing of his property, provided such act is affected by the terms of the inhibition, notified to the notary in accordance with article 527 of the Code of Organization and Civil Procedure;

(e) if any of the parties thereto is represented by an agent or other representative who is any of the persons referred to in paragraph (b): Provided that the provisions of this paragraph shall not apply to a physical person’s mandatary who declares that he is any of the persons referred to in paragraph

(b) and none of the other appearers on the act objects to the mandatary appearing thereon in such a capacity, and provided that the notary records therein the relevant facts;

(f) if any of the parties thereto is a commercial partnership, other than a public company -

(i) having at the time a director, partner or shareholder who is the notary or any of the persons referred to in paragraph (b), or

(ii) whose legal or judicial representation is vested in the notary or any of the said persons;

(g) if any of the parties thereto is a civil partnership, foundation or association or a legal entity, other than a commercial partnership, and it has at the time a partner, founder, associate or a member of its governing or administrative body who is the notary or any of the persons referred to in paragraph (b);

(h) being a notarial trust deed by virtue of which a trustee is appointed, saving the provisions of the Trusts and

Trustees Act, where:

(i) any of the persons mentioned in paragraph (b) is the trustee or protector of the trust; or

(ii) the notary or any of the persons mentioned in paragraph (b) is a determined or determinable beneficiary of the trust: Provided that nothing in this paragraph shall prohibit the receiving notary from being nominated as a trustee or protector on a notarial trust deed;

(i) if the notary or any of the persons referred to in paragraph (b) appears on the act as a trustee or protector acting in terms of a trust;

(j) if any of the parties appears in his capacity as trustee or protector of a trust and the notary or any of the persons referred to in paragraph (b) is a determined or determinable beneficiary of such trust, unless the notary is not aware and not made aware, due to trust confidentiality, that he or the persons referred to in paragraph (b) is a determined or determinable beneficiary of such trust: Provided further that the receiving notary may still, subject to regulations issued by the Authority mentioned in the Trusts and Trustees Act, act as qualified person in terms of article 43 and 43A thereof;

(k) which, being a contract of purchase or sale of immovable property, is paid in cash in whole or in part by or on behalf of the parties to the contract, where the sum of such payment amounts to ten thousand euro (€10,000) or more, or its equivalent in any other currency:

Provided that, for the purposes of paragraph (k), the terms "cash" and "immovable property" mean the same as the meaning assigned to them in the Use of Cash (Restriction) Regulations.