Notary: legal definition and example

Definition

A notary is a public officer empowered to authenticate legal acts, receive declarations and give legal advice.

Example

A concrete example of the importance of a notary’s role is during the sale of a property. The notary is responsible for checking the validity of the sale documents, ensuring that all parties involved have understood the terms of the agreement, and ensuring that all legal formalities are complied with. Without the intervention of a notary, the transaction could be invalid or contested, with disastrous financial consequences for all parties involved. That’s why it’s essential to use a competent and experienced notary for all important legal transactions.

Citation and reference

Here are a few quotes from Canadian law regarding the legal term “notary”:

– “The notary is a public officer whose function is to authenticate deeds and documents, receive declarations and wills, draw up contracts and agreements and ensure their preservation.” (Professional Code, R.S.Q., c. C-26, art. 1)

– “A notary must practice his profession with integrity, competence, diligence, prudence and discretion.” (Professional Code, R.S.Q., c. C-26, s. 54)

– “The notary must ensure that the parties understand the scope and consequences of the acts they perform and that they have the capacity to perform them.” (Professional Code, R.S.Q., c. C-26, art. 55)

– “The notary must keep the minutes of the acts he has drawn up and the documents he has received in the exercise of his profession for a period of 10 years (Professional Code, R.S.Q., c. C-26, art. 57)

– “A notary may not accept a mandate that is incompatible with his dignity, independence or duty of reserve.” (Professional Code, R.S.Q., c. C-26, s. 58)