N-2 - Notarial Act

Section 44 Disposition versions

1999-10-22

44. (1)  Every notarial deed shall set forth: the date of the deed, the name, official capacity and professional domicile of the notary who executes it and of the assisting notary if there is one and the fact that the latter is present, the names, callings and residences of the parties, with a description of the powers of attorney or authorizations produced, the presence, the names, callings and residences of the requisite witnesses, the place where the deed is executed, the number of the minute or the fact that the deed is executed en brevet as the case may be, the fact of the reading of the deed or, if such be the case, the declaration that the notary has been exempted from reading it or causing it to be read in the cases contemplated in section 42. The notarial deed must contain the signatures of the parties or their declaration that they are unable to sign, the signatures of the witnesses and the official signature of the notary or notaries.

(2)  The official signature of any notary, other than the one officiating, before whom a party signs, shall constitute a sufficient designation.

(3)  The insertion in the deed of the words “after due reading” constitutes a simple presumption that the deed has been read in accordance with this Act.

(4)  When a party has signed a notarial deed in the presence of a notary other than the officiating notary and such notary has entered in it and signed the attestation in accordance with subsection 2 of section 40, he shall be held to have appeared before the officiating notary for the purposes of such deed.

1968, c. 70, s. 44; 1999, c. 40, s. 197.

1977-12-31

44. (1)  Every notarial deed shall set forth: the date of the deed, the name in full, official capacity and place of business of the notary who executes it and of the assisting notary if there is one and the fact that the latter is present, the surname and given names, callings and residences of the parties, with a description of the powers of attorney or authorizations produced, the presence, the surname and given names, callings and residences of the requisite witnesses, the place where the deed is executed, the number of the minute or the fact that the deed is executed en brevet as the case may be, the fact of the reading of the deed or, if such be the case, the declaration that the notary has been exempted from reading it or causing it to be read in the cases contemplated in section 42. The notarial deed must contain the signatures of the parties or their declaration that they are unable to sign, the signatures of the witnesses and the official signature of the notary or notaries.

(2)  The official signature of any notary, other than the one officiating, before whom a party signs, shall constitute a sufficient designation.

(3)  The insertion in the deed of the words “after due reading” constitutes a presumption that the deed has been read in accordance with this act.

(4)  When a party has signed a notarial deed in the presence of a notary other than the officiating notary and such notary has entered in it and signed the attestation in accordance with subsection 2 of section 40, he shall be held to have appeared before the officiating notary for the purposes of such deed.

1968, c. 70, s. 44.