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Section 3: Profession of notary

Notaries Act · PART II: EXERCISE OF PROFESSION

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.

3. Profession of notary (1) Subject to section 40 (c), the number of notaries on the Roll shall not exceed 100. (2) Notwithstanding any other enactment, a notary shall be authorised to— (a) draw up any deed which the parties are required by law, or on their own initiative, to invest with the character of authenticity attaching to the documents of a public authority; (b) establish the date on which a deed is drawn up by him; (c) keep any notarial deed drawn up by him or deposited with him in his custody; and (d) deliver a certified copy of a deed drawn up by him. (3) A notary shall keep in his custody— (a) every original, including an original in electronic form, drawn up by him or deposited with him; and (b) a certified copy of every brevet drawn up by him. (4) A notary shall— (a) exercise his profession with impartiality and independence; (b) at all times, show loyalty and integrity towards the State, his clients and other law practitioners; and N37 – 3 [Issue 8] Notaries Act (c) be bound by professional secrecy and shall not divulge any of his clients’ affairs except with their consent or where ordered to do so by a Court. [S. 3 amended by s. 40 (b) of Act 9 of 2015 w.e.f. 2 July 2015.]

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