Section 44: Transitional provisions

44. Transitional provisions (1) Where, on 24 November 2008, a notary has in his possession originals drawn up by or deposited with him which have not been transmitted to the Chief Archivist pursuant to section 58 (3) of the repealed Notaries Act, he shall transmit to the Chief Archivist— (a) all the originals, if there are fewer than 20, within 3 months of the commencement of this Act; or (b) 20 originals, if there are more than 20, not later than 31 March in each year. (2) Where, on 24 November 2008, the office of a notary is still vacant on the ground of death or retirement, section 11 (4), (5) and (6) shall apply for the purposes of filling the vacancy. (3) A deed drawn up before 7 November 1942 shall be valid notwithstanding the fact that it was drawn up in contravention of section 6. (4) — (5) Until such time as the Code of Ethics referred to in section 35 comes into effect, every notary shall exercise his profession in accordance with the rules of practice in force on 24 November 2008. (6) Any proceedings, judicial or otherwise, commenced before and pending on 24 November 2008, by or against the Chamber of Notaries under the repealed Notaries Act shall, on 24 November 2008, be deemed to have been commenced, and may be continued, by or against the Chamber under this Act. 45. — SCHEDULE [Section 37] PART I Any deed in respect of which a proportional duty is leviable, or would have been leviable but for any other enactment, under the Registration Duty Act— 2% on the first Rs 250,000 – subject to a minimum charge of Rs 1,000 1½% on the next Rs 500,000 1% on the next Rs 1,000,000 ½% on the remainder N37 – 19 [Issue 2] Notaries Act SCHEDULE—continued PART II Sub-Part A Any deed of release, discharge or acquittance— 1% on the first Rs 100,000 ¾% on the next Rs 250,000 ½% on the next Rs 500,000 ¼% on the remainder Sub-Part B Any deed of partition— 2% on the first Rs 100,000 1½% on the next Rs 250,000 1% on the next Rs 500,000 ½% on the remainder PART III Sub-Part A Any deed of partnership or constitution of a company— 1% on the first Rs 50,000 of the share capital ¾% on the next Rs 450,000 ½% on the next Rs 500,000 ¼% on the next Rs 9,000,000 0.15% on the next Rs 10,000,000 0.05% on the remainder Sub-Part B Amendment to a deed of partnership or constitution of a company— Half the fee specified in Sub-Part A PART IV Where a notary acts as mandator ad negotia— 1% on the first Rs 50,000 ¾% on the next Rs 100,000 ½% on the next Rs 850,000 ¼% on the next Rs 9,000,000 0.15% on the next Rs 10,000,000 0.05% on the remainder [Issue 2] N37 – 20 Revised Laws of Mauritius SCHEDULE—continued PART V Any document not specified in Part I, II, III or IV— (a) signed in the notary’s registered office – Rs 1,000 per document or Rs 1000 per hour, whichever is greater (b) signed outside the notary’s office – Rs 1,500 per hour or part thereof PART VI Any copy of a document whether by way of transcription, inscription, extract or otherwise— Rs 500 per copy N37 – 21 [Issue 2]