Section 11: Vacancy and transmission of office

11. Vacancy and transmission of office (1) The office of a notary shall become vacant when he dies or gives notice of retirement to the Chamber, or his name is removed from the Roll. (2) Where the office of a notary becomes vacant, the Chamber shall forthwith apply to a Judge in Chambers for an order appointing a notary to take temporary charge of the notarial deeds and Repertories which were in the former notary’s possession for such period as the Judge may order. (3) Where a notary has retired or died, he or his heirs may, with the written concurrence of the Chamber, enter into an agreement with another notary to take charge permanently of the notarial deeds and Repertories which were in the former notary’s possession, not later than 6 months after the date on which the office became vacant. (4) Where a notary’s name is removed from the Roll or where no agreement has been reached under subsection (3), the Attorney-General shall, not later than 9 months after the vacancy occurred, designate another notary, on the recommendation of the Chamber, to take charge permanently of the notarial deeds and Repertories which were in the former notary’s possession. (5) The office of a notary may be ceded on payment by the beneficiary of an amount which shall be determined by the Chamber, having regard to the clients, the realised investments of the office to be ceded and the right to a lease, if any. N37 – 7 [Issue 4] Notaries Act (6) (a) The Syndic shall be responsible for ensuring that the handing over of any notarial deeds or Repertories pursuant to this section is properly effected. (b) The Syndic may, for the purposes of paragraph (a), require the assistance of an usher or a police officer. (c) A person who obstructs the Syndic or any usher or police officer in relation to the handing over of any deed or Repertory shall commit an offence and shall, on conviction, be liable to a fine not exceeding 500,000 rupees and to imprisonment for a term not exceeding 2 years. PART III – NOTARIAL DEEDS AND CERTIFIED COPIES