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:
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:
RELEVANT INFORMATION FOR MAJOR DECISIONS
Expert in family and matrimonial law, the notary informs you about:
As an expert in real estate law, the notary informs you about:
As an expert in commercial law, the notary informs you about:
As an expert in succession law, the notary informs you about:
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)
Consult your notary, who leaves nothing to chance.