The Notary: Legal Advisor

THE NOTARY 

The position of notary is an institution of Latin origin that has existed in Quebec since the establishment of French civil law. As a distinctive element, it gives Quebec society a special place in the North American legal world. The practice of the profession is managed by the Chambre des notaires du Québec, a professional order governed by the Professional Code. Notaries have four years of academic background in law and a sophisticated refresher program is available, which enables them to constantly update their knowledge make them legal advisors par excellence in non-contentious matters and specialists in preventive law.

THE POSITION OF NOTARY IN THE WORLD 

Notaries exist everywhere in the world except in most countries of Anglo-Saxon origin. The Chambre des notaires du Québec is a member of the International Union of Notaries, an organization that brings together some 60 notary organizations from various countries, such as France, Mexico and Japan.

In Quebec, there are currently over 3,200 notaries spread out among almost all municipalities in the province. Although most of them practice law in private practice, more and more notaries work in public and parapublic organizations. Also noteworthy is the growing presence of notaries in large corporations, trust companies and financial institutions.

THE NOTARY AS LEGAL ADVISOR

All your life, you are called upon to make important decisions that produce legal effects. Just think of marriage, divorce, buying a property and financing it, forming a business, writing a will, and so on.

Today, with the plethora of laws and their increasing complexity, you can no longer measure and assess for yourself the legal implications of such decisions. Because of his legal training, the notary can help you make informed choices.

In their capacity as Legal Advisor, notaries:

• Perform the analysis and synthesis of all information transmitted
• Offer solutions to help you make decisions
• Give recommendations aimed at conciliation and the agreement of the parties concerned.

In fact, the notary’s role is to evaluate proposals, advise the parties and respect their expressed wishes.

CONSULTATION: A PREVENTIVE MEASURE 

Society sometimes imposes its rapid pace on us, spurring us on to act quickly. Unfortunately, hasty decisions often lead to inconveniences, and even problematic and costly consequences.

Before making a major decision or signing a document, it is prudent to consult a notary. A consultation will allow you to:

• Know your rights and obligations regarding the decisions you wish to make.
• Identify elements that could alter your personal, financial and tax situation.
• Assess the advantages and disadvantages of the recommended solutions.
• Choose, if need be, the form and type of legal document that best meet your needs and aspirations.
• Prevent problems that you have not anticipated.

RELEVANT INFORMATION FOR MAJOR DECISIONS 

Expert in family and matrimonial law, the notary informs you about:

• Your rights and obligations in a marriage
• The choice of a matrimonial regime
• The usefulness and effects of the marriage contract
• Family patrimony
• Separation and divorce agreements
• Alimony and child custody
• The compensatory allowance
• The legal effects of common-law relationships and agreements between common-law partners
• Local or international adoption
• The mandate given in anticipation of incapacity
• Guardianship of minors and the protection of incapacitated adults

As an expert in real estate law, the notary informs you about:

• The importance and consequences of the offer to purchase and the offer to sell
• The importance and consequences of the promise to purchase and the promise to sell
• Various modes of financing
• The value of your investment
• The tax implications of the contract
• The need to review real estate securities
• The relevance of the certificate of location
• Preparation and signing of the deed of sale.

As an expert in commercial law, the notary informs you about:

• The procedure for starting a business
• The benefits of the different types of companies, the formalities required for their formation and their tax implications
• The procedure for the adoption of the by laws and the updating of the minutes
• Possible agreements between partners or shareholders

As an expert in succession law, the notary informs you about:

• Planning your estate
• The preparation and writing of your will
• The protection of your dependent children after your death
• The liquidation of your estate or that of your relatives.

THE NOTARIZED DEED: A VALUABLE AND SECURE DOCUMENT 

In addition to their role as legal advisors, notaries are public officers recognized by the State. In this capacity, they have the power to confer authenticity on the deeds they receive. Thus, a notarized deed is proof in court of its contents, the accuracy of the date and the signatures affixed, without further proof being necessary. The original of the notarized deed is be kept by the notary in his files, away from the risk of loss or destruction, so that it is always possible for the parties to trace it and obtain authentic true copies thereof.

In their capacity as public officers, notaries must be impartial and inform each party of their rights and obligations. Thus, the parties to any action or deed are assured of being able to give their informed consent.

As qualified lawyers, notaries make sure that the agreements established by the parties within the notarized deed comply with the law. As specialists of preventive law, notaries will draft agreements with precision and clarity, so as to reduce any problems of interpretation.

The notarized deed is a concrete legal instrument and is a faithful reflection of your will.

Source : Chambre des notaires du Québec (Translation)