Cap. 55 · Notarial Profession And Notarial Archives (Cap. 55)
Cap. 55 Art. 50Acts whereof a note is to be delivered to the Director of the Public Registry.
TITLE I
(1) Every notary must, within fifteen working days from the date of the act deliver to the Director of the Public Registry a note of -
(a) any act transferring the ownership of inter vivos immovable property or other real rights over such property;
(b) any act creating or varying any praedial inter vivos easement or any right of usufruct, use or habitation relating to immovable property, or containing any renunciation of such easement or right;
(c) any act of emphyteusis or sub-emphyteusis or of reduction or redemption of ground-rent, or of renunciation or rescission relating thereto;
(d) any public will or any publication of a secret will;
(e) any public deed of cohabitation;
(f) any marriage contract, settlement of dowry, variation of or counter-declaration respecting any marriage contract, separation of property between spouses, or cessation of the community of acquests;
(g) any act creating an annuity, in perpetuity or for a time as a real burden on immovable property and any act notifying the termination thereof;
(h) any act imposing any burden, in perpetuity or for a time, on immovable property;
(i) any act of compromise affecting immovable property or real rights over such property;
(j) any act of partition of immovables or any declaration affecting the ownership of immovables or any rights over immovables;
(k) any act of assignment of hereditary rights;
(l) any act of renunciation made by any person on taking religious vows;
(m) subject to the provisions of sub-article (9), any act whereby a foundation is established or terminated and any act whereby a new endowment, other than an endowment under a scheme which is registered under the
Second Schedule of the Civil Code, is granted to a foundation;
(n) any notarial corrective act, any subsequent corrective act and any act of rebuttal in terms of article 45A;
(o) any act to renounce to an inheritance;
(p) any application for a European Certificate of Succession and every issued European Certificate of Succession.
(2) The said note must contain the date and nature of the act, the designation of the parties in accordance with article 28(1)(c), a precise designation of the things forming the subject-matter of the act in accordance with article 28(1)(f), and, in the case of an act in which the value can be determined, an indication of such value.
(3) In the case of a public will or of the publication of a secret will, the note shall only contain the date and nature of the act and the designation of the testator in accordance with article 28(1)(c).
(4) The said note shall be signed by the notary who received the act or who is the keeper thereof.
(5) It shall not be lawful to draw up two or more notes on one sheet.
(6) The notary shall, together with the said note, present to the
Director of the Public Registry a copy thereof and such copy shall be countersigned by the said Director who shall affix thereto the date and his signature as evidence of the presentation.
(7) The provisions of the Public Registry Act shall apply to the drawing up of the said notes, as well as to the drawing up of notes of hypothecation and of all other notes filed in the Public Registry.
(8) In the case of a deed of settlement under trust of property which is not immovable property, the note shall only contain the date and nature of the act and the designation of the settlor in accordance with article 28(1)(c); provided that the notary shall have no obligation and shall not register such note if the settlor has exempted him from so doing in the trust deed and the trustee is a person who is authorised or not required to be authorised to act as a trustee in terms of article 43 of the Trusts and Trustees Act.
(9) In the case of a deed creating a foundation, the note shall contain the date and nature of the act, the name of the foundation and the designation of the founder in accordance with article 28(1)(c) and in the case of a new endowment, the date and nature of the act, the name of the recipient foundation and the designation of the grantor in accordance with article 28(1)(c): Provided that, in the case of a private foundation, the Notary shall have no obligation and shall not register such notes if the founder or grantor has exempted him from so doing in the relevant deed and the administrator is a person who is authorised or not required to be authorised to act as an administrator for a private foundation in terms of article 43 of the Trusts and Trustees Act.
(10) When a foundation which is registered with the Registrar is terminated, the administrators shall enrol in the records of a Notary the relative form presented to the Registrar for Legal Persons, and the note delivered to the Director of Public Registry by the Notary shall only contain the date and nature of the act and a reference to the original note delivered to the Director of Public Registry on the establishment of such foundation:
Provided that when the Notary who published the deed establishing the foundation was exempted by the founder from delivering the note regarding such establishment to the Director of Public Registry, the administrators and the Notary shall not be bound as aforesaid.
(11) In this article "private foundation" shall mean a foundation as defined in article 31B of the Second Schedule of the Civil Code.
Änderungsgeschichte
- Amended by XXVII.2020.43