Section 2: Interpretation
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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Questions this section answers
- What counts as a 'notarial deed' under this Act?
- Who is legally a 'notary' under this Act?
- What does the Act mean by an 'original' document?