Cap. 55 · Notarial Profession And Notarial Archives (Cap. 55)
Cap. 55 Art. 2Definitionofoffice of notary.
PART I
(1) Notaries are public officers. They are charged to receive acts and wills, and to attribute public faith inter vivos thereto; they shall be responsible for their custody and shall give out copies and extracts of or from such acts or wills.
(2) Notaries shall also have power -
(a) to sign applications or other acts relating to matters cognizable by a court of voluntary jurisdiction;
(b) to receive on oath "acts of notoriety" in civil and commercial matters, and dying declarations;
(c) to administer oaths to experts or referees or translators or other persons in connection with any extra-judicial report or reference or translation of any act or document or with any declaration relating to capitals, stocks and shares and relative coupons, when the parties desire to have such report, reference, translation or declaration verified on oath;
(d) to authenticate signatures in private writings, or the mark of any person who is unable or does not know how to sign, affixed to any such writing by way of approval of the contents thereof in the presence of two qualified witnesses, after such contents have been explained to the parties by the notary;
(e) to give out on the demand of any person certificates in proof of the life or existence of such person;
(f) to draw up protests for non-acceptance or non-payment of bills of exchange or promissory notes, for money or goods;
(g) to give out certificates attesting the accuracy of copies of or extracts from books or documents produced by the parties, as compared with the originals of such books or documents;
(h) to give out certificates attesting the faithful translation of acts or documents from one language into another provided both languages are known by the notary;
(i) to act as mediators;
(j) to act as Commissioners for Oaths for the ex officio purposes of the Commissioners for Oaths Ordinance;
(k) to issue a European Certificate of Succession in terms of Regulation (EU) No. 650/2012 of the European Parliament and of the Council of 4 July 2012 in accordance with the provisions of Sub-title IV of Title III of Part II of Book Second of the Civil Code;
(l) generally, to exercise such other powers as are assigned to them by law.
(3) Notaries are empowered to draft private writings containing agreements that purport to create legal rights and obligations between third parties.
(4) Notaries are empowered to examine title to immovable property in terms of article 84C.
(5) Notaries are empowered to give advice on any of the functions and powers vested in them in terms of the provision of this article, and on any matter or competence attributed to them, whether exclusively or otherwise, under any law or regulation, and in general, on anything relating to the proper discharge of their obligations or engagement, and this notwithstanding anything that may be stipulated under any other law.