N-3 - Notaries Act

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40. The choice of an officiating notary to execute a notarial act is determined by agreement between the parties.
If there is no agreement, the choice falls to
(1)  the creditor, for acts of obligation, surety bonds or acts of a similar nature;
(2)  the debtor, for a simple discharge;
(3)  the new creditor, for a discharge with subrogation or a discharge following the payment of a debt with the proceeds of a hypothecary loan, despite any agreement or stipulation to the contrary between the former creditor and the debtor;
(4)  the purchaser or transferee, for the sale of movable or immovable property or rights where
(a)  the purchaser or transferee pays the purchase price in full; or
(b)  the purchaser or transferee pays all or part of the purchase price to the seller or transferor with the proceeds of a hypothecary loan contracted for that purpose;
(5)  the seller or transferor, for the sale of movable or immovable property or rights, where the purchaser or transferee undertakes to pay a balance of the sale price to the seller or transferor or to assume a pre-existing obligation of the seller or transferor.
Despite any agreement to the contrary, the choice of a notary falls to the party entitled to choose the notary pursuant to subparagraph 4 or 5 of the second paragraph for a discharge resulting from the payment of a claim secured by a real right encumbering property sold or transferred where the payment is made out of the proceeds from the sale or transfer of the property.
2000, c. 44, s. 40.