ACTS OF DECEASED NOTARIES REGULATIONS

ACTS OF DECEASED NOTARIES

SUBSIDIARY LEGISLATION 55.05

ACTS OF DECEASED NOTARIES REGULATIONS

1st September, 2005

LEGAL NOTICE 303 of 2005.

The title of these regulations is the Acts of Deceased

Notaries Regulations.

Where, on the demise of a Notary, it results that certain

acts received by him, and which have been duly signed by the

parties, are not in conformity with the provisions of article 40 of

the Notarial Profession and Notarial Archives Act, the following

provisions of these regulations shall have effect.

Where the acts mentioned in regulation 2 have been duly

enrolled in the Public Registry, such note of enrolment shall serve

to determine the date of the act, where this is missing or

incomplete, and the date indicated in such enrolment shall be

deemed to be the date of publication.

Where the original act has not been signed by the Notary or

such signature is incomplete, the signature of the Notary on the

note of enrolment shall be considered sufficient to signify that such

act was published by the Notary who signed the note of enrolment,

and where there is no mention of place of publication of the deed, it

shall be presumed to have been published in the principal office of

the Notary.

Where the note of enrolment contains details which have

been omitted in the original act and appear as lacunae in such act,

these details shall be considered as forming part of the said act.

Where the declaration that the Notary has explained the

contents of the deed to the parties is missing, it shall be presumed

that such explanation has been made by the Notary.

Where the declaration mentioned in article 28(1)(k)(v) of

the Notarial Profession and Notarial Archives Act, relating to the

incapability of a party to sign the deed, has been omitted, the

signature of the witnesses shall suffice.

Where all the conditions of these regulations have been

met, then the original deed shall be presumed to have been valid for

all intents and purposes of the law.

The Notary Keeper of the deceased Notary shall make a

marginal note on each act not in conformity with article 40 of the

Notarial Profession and Notarial Archives Act, as hereinbefore

stated, declaring that such act has been ratified by means of these

regulations

Provided that in the absence of a Notary Keeper such

declaration shall be made by the Chief Notary to Government.