1.2 Duties of a notary and protocols

Question 1

Professional conduct duties of a notary

Answer 1

1. Knowledge and skill

skilled and reliable work
Specialist in field
Can incur professional liability for damages for work conducted by him

2. Confidentiality and privilege
3. Professional independence
4. Conflcit of interest

Must give impartial and independent advice
Notatria doc attested by notary who has interest in the matter is invalid

5. Duty to read and explain content of documents
6. No blank spaces allowed
7. No witnesses allowed who did not actually see the appeasers sign

unless they acknowledged their signatures in the presence of the witnesses
If above 14 and competent to give evidence in court, then competent to be a witness (s95 of DRA)

Question 2

Statutory duties (in brief)

Answer 2

A Protocol register

A Protocol

Question 3

Statutory duties set out in which laws?

Answer 3

Gov notice 2961/1950

and 362/1951

Question 4

What is a protocol

Answer 4

Must be kept by every notary.

File chronologically listing and consecutively numbered file of minutes of all notarial deeds executed before him.

Question 5

Are all documents attested to by a notary a notarial deed?

Answer 5

No

Question 6

Which documents attested to by a notary must be preserved in a protocol?

Answer 6

Only docs that comply with requirements of a “notarial deed”

AND

which are destined for registration in deeds registry

Question 7

What docs are a notary not obliged to keep in his protocol?

Answer 7

A) A certificate to the effect that:

i. A doc was signed before him
ii. Meanign of a doc

Question 8

Can/may other docs (not notarial deeds) be preserved in protocol?

Answer 8

Yes

e.g. wills, trusts, leases, donations,

Benefit is proof

Question 9

May a notary amend/change any docs in protocol

Answer 9

No

Question 10

What happens to a protocol if notary dies or ceases to practice?

Answer 10

Lodged with registrar of the HC in province where notary practices.

Question 11

What is a protocol register?

Answer 11

Contains an entry in numerical and chronological order of every notarial deed executed before and attested by him and which are preserved in the propotol.

Entry is made when deed is passed before him

Question 12

Form of protocol register

Answer 12

No of deed

Date of execution

Nature of description
_____________
Parties to the deed / by whom

Considertation / in whose favour
______________________

Value of stamp on minute

Value on stampe on grosse