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Section 2: Interpretation

Notaries Act

consolidated text (as at 2017, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

2. Interpretation In this Act— “Association” means the Association of Notaries established under section 23; “auditor” means a licensed auditor under the Financial Reporting Act; “brevet” means an original deed which the notary is not bound to keep in his possession; “certified copy” means a copy or photocopy of a notarial deed certified as such by a notary; “Chairperson” means the person elected as such under section 26; “Chamber” means the Chamber of Notaries constituted in accordance with section 25; “Code” means the Code of Ethics referred to in section 35; “digital signature” has the same meaning as in the Electronic Transactions Act; “document” includes an electronic document or a scanned version of a document; “electronic” has the same meaning as in the Electronic Transaction Act; “notarial deed” means an authentic document drawn up by a notary in the exercise of his profession and vested with enforceable character (force exécutoire); “notary” means an officier ministériel who— (a) is authorised by the Prime Minister, after consultation with the Attorney-General, to apply for admission to practise; (b) is, subject to section 11, admitted to practise for life by the Chief Justice pursuant to the Law Practitioners Act; and (c) may perform the duties specified in this Act and act as counsellor; “office” means the place where a notary exercises his profession; “original” means— (a) notwithstanding any other enactment, the original of a notarial deed other than a brevet; (b) an authentic deed drawn up by a notary in the exercise of his profession and vested with enforceable character (force exécutoire); [Issue 8] N37 – 2 Revised Laws of Mauritius “Rapporteur” means the person appointed as such under section 26; “register” means the register kept pursuant to section 26; “Repertory” means the up to date summary of all the notarial deeds, including those in electronic form, drawn up by a notary; “Roll” has the same meaning as in the Law Practitioners Act; “rules” means rules made by the Chamber under section 39; “Secretary” means the person elected as such under section 26; “Syndic” means the person elected as such under section 26; “summary” means the document containing the particulars of notarial deeds drawn up by, or deposited with, a notary and referred to in section 10; “transaction” means an acte juridique which creates, declares the existence of, transfers or extinguishes a right or obligation; “Treasurer” means the person elected as such under section 26. [S. 2 amended by s. 18 (a) of Act 26 of 2013 w.e.f. 19 May 2014; 2 July 2015; s. 40 (a) of Act 9 of 2015 w.e.f. 2 July 2015.] PART II – EXERCISE OF PROFESSION

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