Have you ever wondered what a Notary is and what they can do for you?
Today’s blog will touch on the role of a Notary Public and what we can do for you.
A Notary, also referred to as a Notary Public, is different to an Attorney in that Notaries are practicing Attorneys with a further specialised qualification admitted by the High Court. The office of the Notary is the only legal office held by a South African lawyer, that is recognised internationally.
Notaries play a significant role in the make up of our legal system and our courts bestow a huge amount of importance on the office of a Notary and demand Notaries to be of an exceptional nature and to be beyond reproach.
While you many know Notaries for attending to the preparation and registration of ante-nuptial contracts and for the authentication or verification of the legal documents below, there are several other notarial matters that Notaries are authorised to attend to.
The following are a range of legal documents a Notary can authenticate:
Marriage Certificates
Birth Certificates
Death Certificates
Single status Certificates
Divorce Certificates
Police Clearance Certificates
Powers of Attorney
Copies of ID’s or Passports
Educational documents
Furthermore, Notaries have been given statutory and common law powers to prepare and attest certain specialized legal documents, administer oaths and perform other wide-ranging administrative functions of a national and international nature.
In terms of the Deeds Registries Act, certain documents must be drawn up and can only be attested to by a notary. These include antenuptial contracts, personal and praedial servitudes, long-term leases, cession of leases and subleases, as well as cancellations and releases of long-term leases and both general and special notarial bonds.
In terms of the Sectional Titles Act, Notaries are required to draw up servitudes, notarial tie agreements, deeds to extend sectional schemes and real right of exclusive use areas.
In addition to drafting the above listed documents, Notaries also specialise in the drafting of the following:
Power of Attorney, both General and Special Power of Attorney
Wills
Trusts, both inter- vivos trusts and mortis causa or testamentary trusts
Usufructs
Shipping protests
Notes and Protests of Bills of Exchange
Long and short term lease agreements
Apostille certificates
BKJM Attorneys is qualified to attend to all matters Notarial. Call us, pop us an email, or submit an online query on our website to discuss your requirements.
We will then advise you if the documents that you need Notarised must be signed in the presence of a Notary and if needed what the process will be followed to legalise the document for international use.
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