QUESTION 1.
What does the term “professionalism” mean in respect of drafting a document?
QUESTION 2
[18]
Jack (the owner of the intended dominant tenement) and Gerald (the owner of the intended servient tenement) enter into a servitude agreement but fail to register it. Later on, Gerald s...
QUESTION 1.
What does the term “professionalism” mean in respect of drafting a document?
• A notary must refrain from executing or certifying documents in which he or she
has a personal interest.
• Instructions must be carefully and correctly noted and properly understood by
the notary.
• A notary must satisfy himself of the identity and capacity to act of the parties
appearing before him.
• All information conveyed to a notary by a client is confidential and protected
against disclosure.
• The notary must not only have sufficient knowledge to take instructions from
the client but must also take care to give effect to the true intention of the parties
and be able to set out these instructions in clear, correct and unambiguous
language:
• The notary has a duty to explain the legal principles pertaining to a transaction
in plain and clear terms to his or her client to ensure that the client has a proper
comprehension of the legal consequences involved. It is also the duty of the
notary.
• to ensure that the client has read the document presented to him or her. If the
client cannot read the notary must read the document to the client.
• A document may not contain any blank spaces when it is submitted for final
signature. On signature the document must be complete in all respects.
• The appearer (the signatory) and witnesses must sign the document in each
other's presence and in the presence of the notary.
• The integrity and professional independence of a notary are held in very high
esteem.
• Disregard of this rule can lead to a notary being guilty of unprofessional
conduct. b. It is necessary for a notary to take careful instructions from clients
and to ensure that she knows what is expected of her.
• In the case of legal persons and trusts in particular, the trust deed, the
memorandum and articles of association or other founding documents
must be inspected to ensure that apart from the appointment of the
representative (eg in an extract from the minutes of a meeting of directors or
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