Section 12: Contents of notarial deeds

12. Contents of notarial deeds (1) Every notarial deed shall be drawn up in the English or French language. (2) Every notarial deed shall specify— (a) the names and surname, and the address of the office of the notary; (b) the place at which and the date on which the deed is drawn up and signed; (c) in respect of every party— (i) his first name or first names, in small letters, followed by his surname in capital letters, his National Identity Card Number, where available, in format XXXXXXXXXXXXXX (14 characters) and, where applicable, a scanned image of a recent passport-size photograph of him, printed in the deed; (ii) his occupation and the postal address of his residence; (iii) in the case of a citizen of Mauritius, his date of birth in format DD/MM/YYYY, with a reference to the registered number of his birth certificate in format Birth Certificate No./Year of Registration of Birth and the Civil Status Office where the birth was registered; (iv) where applicable, his date of marriage in format DD/MM/YYYY, with a reference to the registered number of the marriage certificate in format Marriage Certificate No./Year of Marriage, the Civil Status Office where the marriage was registered and the matrimonial regime applicable to him at the time of the transfer; (v) in the case of a non-citizen as defined in the Non-Citizens (Property Restriction) Act, in addition to the particulars referred to in subparagraphs (iii) and (iv), his country of birth and country of his marriage; [Issue 4] N37 – 8 Revised Laws of Mauritius (vi) where applicable, his business registration number under the Business Registration Act in format XXXXXXXXX (9 characters); and (vii) in the case of a partnership, company or body corporate, its trade name or corporate name and its principal place of business and in respect of their representatives, their first name or first names in small letters followed by their surname in capital letters and their National Identity Card Number, where available, in format XXXXXXXXXXXXXX (14 characters); (ca) in respect of the immovable property— (i) the address of the property, the Parcel Identification Number (PIN) where available, together with a site plan showing the precise location; (ii) the area of land in format Xm2 up to 2 decimal places and the nature and description of the building, if any, on it, and where undivided rights are transferred, the fraction of the property sold; (iii) the price paid in format Rs X or other appropriate currency on the last transfer of the property and the title of ownership in format TV XXXX/XXX; and (iv) the consideration and real value of the property in format Rs X or other appropriate currency; (d) the subject-matter of every transaction embodied in the deed. (3) Where a notary cannot certify the identity of a party or witness to a notarial deed, the party or witness shall— (a) exhibit to the notary a valid passport or other official document establishing his identity to the satisfaction of the notary; and (b) produce a recent passport-size photograph of himself, of which the notary shall print in the deed a scanned image. (4) No person shall be a witness to a notarial deed— (a) where he is a party to the deed; and (b) unless he— (i) is of age; (ii) is ordinarily resident in Mauritius; (iii) can sign his name; and (iv) is, subject to subsection (3), personally known to the notary. [S. 12 amended by s. 23 (a) of Act 20 of 2011 w.e.f. 11 November 2011.]