Section 39: Issue of copies by notaries

39. Issue of copies by notaries (1) Subject to section 40, no notary shall— (a) deliver a notarial deed or an authenticated copy of a notarial deed or perform an act in pursuance of such a deed unless the deed has been registered; (b) draw up a notarial deed based on— (i) a document under private signature; or (ii) a document drawn up in a foreign country, or receive a document specified in subparagraph (i) or (ii) in deposit or deliver an extract or authenticated copy of it unless the document has been registered; continued on page R15 – 25 [Issue 4] R15 – 24 (4) Revised Laws of Mauritius (c) receive a document in deposit without drawing up a document certifying that the deposit has been made. (2) Any notary who contravenes subsection (1) shall be liable— (a) to a penalty of 100,000 rupees for each contravention; and (b) for the duty on the unregistered document giving rise to the contravention. [S. 39 amended by s. 25 (q) of Act 15 of 2006 w.e.f. 7 August 2006.]