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Email: david@avilaw.co.za

Notarial Practice

The office of the notary is a very specialised, distinguished and responsible one, in that the notary is a public functionary authorised by the High Court to draw and vet contracts and documentation and to authenticate public acts. Execution of a document before a notary is known as “notarial” execution, while a document not so executed is known as an “underhand” document, unless it is afforded public character owing to its meeting of other special statutory formalities.

Documents required to be exclusively notarial are drawn and attested which are stipulated by statute include antenuptial contracts, notarial bonds, servitudes, and long-term leases. Not all documents are required to be drafted by a notary, but in general a notarial qualification elevates the standard of expertise generally accorded to attorneys.

Advantages of having your documents notarially executed include the following safeguards:

• The High Court admits a notary after having been satisfied that he is a fit and proper person to hold that office and that he has thorough knowledge of his duties.
• After his admission a notary remains subject to the control and discipline of the court.
• A great tradition of honesty and reliability attaches to the office of a notary.
• Every statement contained in a notarially executed document is presumed to be true and that all the proper solemnities were preserved by the notary public. This presumption may only be rebutted by clear proof to the contrary.

Notarial authentication of documents executed in the Republic of South Africa, and intended for foreign use, is required before they will be legally recognised abroad.

We offer the enhanced reliability attaching to notarial practice relating to the following:

• Authentication of documentation
• Commissioner of oaths
• Ante nuptial contract
• Donations
• Trusts
• Notarial Bonds
• Servitudes
• Leases
• Powers of Attorney
• Wills
• Company documentation
• Legalization (Apostille certification)