Regulations, 2024
Statutory Text (4 Articles)
L.N. 72 of 2024
NOTARIAL PROFESSION AND NOTARIAL ARCHIVES ACT
(CAP. 55)
Validation of Notarial Acts published before 1st January 2012
Regulations, 2024
IN EXERCISE of the powers conferred by article 152 of the
Notarial Profession and Notarial Archives Act and by article
103(11)(b) of the Notarial Profession and Notarial Archives
(Amendment) Act, 2011, the Minister responsible for notarial affairs
has made the following regulations:-
The title of these regulations is the Validation of Notarial Citation.
Acts published before 1st January 2012 Regulations, 2024.
A notarial act published before 1st January 2012 and having Validation of
one (1) or more of the defects referred to in article 40 of the Notarial notarial
published before
Profession and Notarial Archives Act and which
1st January 2012.
(a)
is enrolled in the Public Registry;
(b) in respect of which a note is filed in the Public
Registry for the registration of a privilege arising from such act
or from a hypothec constituted therein; or
(c) in respect of which an application is submitted in the
Land Registry for the first registration of, or dealing with the
immovable property which is the subject-matter of the act,
shall be deemed valid subject to the provisions of article 40
Provided that in respect of any such act no action for
annulment was initiated in a competent Court by any one of the parties
to the act within ten (10) years from the date of publication of the said
act.
These regulations shall not apply to notarial acts
Non-applicability
of these
regulations.
(a) which have been declared null, by a judgment of a
competent Court which has become res judicata, due to any one
of the defects mentioned in article 40 of the Notarial Profession Cap. 55.
and Notarial Archives Act; or
(b) in respect of which an action for nullity is pending
before a competent Court, on account of one or more of the
defects mentioned in article 40 of the Notarial Profession and
Notarial Archives Act, on the date of coming into force of these
regulations.
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