N-2 - Notarial Act

Section 9 Disposition versions

2011-02-14

9. No one other than a practising notary may, on behalf of another person:

(a)  draw up deeds under private signature affecting property and requiring registration or the cancellation of registration at a registry office;

(b)  prepare and draw up an agreement, petition, by-law, resolution or other similar document relating to the constitution, organization, reorganization or voluntary winding-up of a legal person governed by federal or provincial laws respecting companies, or the amalgamation of several legal persons or the surrender of a charter;

(c)  prepare or draw up the proceedings required by law in relation to the legal publicity of sole proprietorships, partnerships and legal persons;

(d)  give legal opinions;

(e)  represent clients in any noncontentious proceedings, present on their behalf the motions relating thereto and uncontested motions for judicial recognition of the right of ownership or relating to the acquisition of the right of ownership by prescription, or for registration in the land register or in the register of personal and movable real rights or for the rectification, reduction or cancellation of an entry in either of those registers or for the cancellation of an entry or of the deposit of a declaration in the register referred to in Chapter II of the Act respecting the legal publicity of enterprises (chapter P-44.1), or for the rectification or striking out of any inaccurate information appearing in that register;

(f)  write or send, as attorney for his client, any letter requiring the execution or non-execution of any act or prestation or demanding of the debtor the payment of a sum of money, provided that the demand or notice of default proceeds from an authentic deed in his records and is made or given without costs against the person to whom it is addressed;

(g)  draw up, prepare and file the declaration of value of a succession, required by the taxation laws, when the succession is immovable in whole or in part or when some of the persons involved suffer legal incapacity, or when the liquidator or the heirs are exempted from making an inventory.

Subparagraph g shall not apply to legal persons authorized by law to act as liquidators of successions or trustees, or to accountants recognized by the Chartered Accountants Act (chapter C-48) or by the Professional Code (chapter C-26), provided that the declaration is deposited among the minutes of a notary.

1968, c. 70, s. 9; 1973, c. 64, s. 54; 1974, c. 65, s. 58; 1992, c. 57, s. 629; 1993, c. 48, s. 430; 1999, c. 40, s. 197; 2000, c. 42, s. 196; 2010, c. 7, s. 282.

2000-12-05

9. No one other than a practising notary may, on behalf of another person:

(a)  draw up deeds under private signature affecting property and requiring registration or the cancellation of registration at a registry office;

(b)  prepare and draw up an agreement, petition, by-law, resolution or other similar document relating to the constitution, organization, reorganization or voluntary winding-up of a legal person governed by federal or provincial laws respecting companies, or the amalgamation of several legal persons or the surrender of a charter;

(c)  prepare or draw up the proceedings required by law in relation to the legal publicity of sole proprietorships, partnerships and legal persons;

(d)  give legal opinions;

(e)  represent clients in any noncontentious proceedings, present on their behalf the motions relating thereto and uncontested motions for judicial recognition of the right of ownership or relating to the acquisition of the right of ownership by prescription, or for registration in the land register or in the register of personal and movable real rights or for the rectification, reduction or cancellation of an entry in either of those registers or for the cancellation of an entry or of the deposit of a declaration in the register instituted under the Act respecting the legal publicity of sole proprietorships, partnerships and legal persons (chapter P-45), or for the rectification or striking out of any inaccurate information appearing in that register;

(f)  write or send, as attorney for his client, any letter requiring the execution or non-execution of any act or prestation or demanding of the debtor the payment of a sum of money, provided that the demand or notice of default proceeds from an authentic deed in his records and is made or given without costs against the person to whom it is addressed;

(g)  draw up, prepare and file the declaration of value of a succession, required by the taxation laws, when the succession is immovable in whole or in part or when some of the persons involved suffer legal incapacity, or when the liquidator or the heirs are exempted from making an inventory.

Subparagraph g shall not apply to legal persons authorized by law to act as liquidators of successions or trustees, or to accountants recognized by the Chartered Accountants Act (chapter C-48) or by the Professional Code (chapter C-26), provided that the declaration is deposited among the minutes of a notary.

1968, c. 70, s. 9; 1973, c. 64, s. 54; 1974, c. 65, s. 58; 1992, c. 57, s. 629; 1993, c. 48, s. 430; 1999, c. 40, s. 197; 2000, c. 42, s. 196.

1999-10-22

9. No one other than a practising notary may, on behalf of another person:

(a)  draw up deeds under private signature affecting property and requiring registration or the cancellation of registration at a registry office;

(b)  prepare and draw up an agreement, petition, by-law, resolution or other similar document relating to the constitution, organization, reorganization or voluntary winding-up of a legal person governed by federal or provincial laws respecting companies, or the amalgamation of several legal persons or the surrender of a charter;

(c)  prepare or draw up the proceedings required by law in relation to the legal publicity of sole proprietorships, partnerships and legal persons;

(d)  give legal opinions;

(e)  represent clients in any noncontentious proceedings, present on their behalf the motions relating thereto and uncontested motions for judicial recognition of the right of ownership or relating to the acquisition of the right of ownership by prescription, or for the rectification, reduction or cancellation of an entry in the land book or in the register of personal and movable real rights or for the cancellation of an entry or of the deposit of a declaration in the register instituted under the Act respecting the legal publicity of sole proprietorships, partnerships and legal persons (chapter P-45), or for the rectification or striking out of any inaccurate information appearing in that register;

(f)  write or send, as attorney for his client, any letter requiring the execution or non-execution of any act or prestation or demanding of the debtor the payment of a sum of money, provided that the demand or notice of default proceeds from an authentic deed in his records and is made or given without costs against the person to whom it is addressed;

(g)  draw up, prepare and file the declaration of value of a succession, required by the taxation laws, when the succession is immovable in whole or in part or when some of the persons involved suffer legal incapacity, or when the liquidator or the heirs are exempted from making an inventory.

Subparagraph g shall not apply to legal persons authorized by law to act as liquidators of successions or trustees, or to accountants recognized by the Chartered Accountants Act (chapter C-48) or by the Professional Code (chapter C-26), provided that the declaration is deposited among the minutes of a notary.

1968, c. 70, s. 9; 1973, c. 64, s. 54; 1974, c. 65, s. 58; 1992, c. 57, s. 629; 1993, c. 48, s. 430; 1999, c. 40, s. 197.

1994-01-01

9. No one other than a practising notary may, on behalf of another person:

(a)  draw up deeds under private signature affecting immovables and requiring registration or the cancellation of any registration;

(b)  prepare and draw up an agreement, petition, by-law, resolution or other similar document relating to the incorporation, organization, reorganization or voluntary winding-up of a corporation governed by federal or provincial laws respecting companies, or the amalgamation of several corporations or the surrender of a charter;

(c)  prepare the proceedings required by law for the registration of persons or partnerships carrying on a business or operating an industry;

(d)  give legal opinions;

(e)  represent clients in any noncontentious proceedings, present on their behalf the motions relating thereto and uncontested motions for judicial recognition of the right of ownership or relating to the acquisition of the right of ownership by prescription, or for the rectification, reduction or cancellation of an entry in the land book or in the register of personal and movable real rights or for the cancellation of an entry or of the deposit of a declaration in the register instituted under the Act respecting the legal publicity of sole proprietorships, partnerships and legal persons (chapter P-45), or for the rectification or striking out of any inaccurate information appearing in that register;

(f)  write or send, as attorney for his client, any letter requiring the execution or non-execution of any act or prestation or demanding of the debtor the payment of a sum of money, provided that the demand or notice of default proceeds from an authentic deed in his records and is made or given without costs against the person to whom it is addressed;

(g)  draw up, prepare and file the declaration of value of an estate, required by the taxation laws, when the estate is immovable in whole or in part or when some of the persons involved suffer legal incapacity, or when the executor or legatees are exempted from making an inventory.

Subparagraph g shall not apply to corporations authorized by law to act as testamentary executors or trustees, or to accountants recognized by the Chartered Accountants Act (chapter C-48) or by the Professional Code (chapter C-26), provided that the declaration is deposited among the minutes of a notary.

1968, c. 70, s. 9; 1973, c. 64, s. 54; 1974, c. 65, s. 58; 1992, c. 57, s. 629; 1993, c. 48, s. 430.

1977-12-31

9. No one other than a practising notary may, on behalf of another person:

(a)  draw up deeds under private signature affecting immoveables and requiring registration or the cancellation of any registration;

(b)  prepare and draw up an agreement, petition, by-law, resolution or other similar document relating to the incorporation, organization, reorganization or voluntary winding-up of a corporation governed by federal or provincial laws respecting companies, or the amalgamation of several corporations or the surrender of a charter;

(c)  prepare the proceedings required by law for the registration of persons or partnerships carrying on a business or operating an industry;

(d)  give legal opinions;

(e)  represent clients in any noncontentious proceedings, present on their behalf the motions relating thereto and uncontested motions for judicial recognition of the right of ownership or for the cancellation of privileges or hypothecs which are prescribed, discharged or inoperative, or for the rectification of acts of civil status;

(f)  write or send, as attorney for his client, any letter requiring the execution or non-execution of any act or prestation or demanding of the debtor the payment of a sum of money, provided that the demand or notice of default proceeds from an authentic deed in his records and is made or given without costs against the person to whom it is addressed;

(g)  draw up, prepare and file the declaration of value of an estate, required by the taxation laws, when the estate is immoveable in whole or in part or when some of the persons involved suffer legal incapacity, or when the executor or legatees are exempted from making an inventory.

Subparagraph g shall not apply to corporations authorized by law to act as testamentary executors or trustees, or to accountants recognized by the Chartered Accountants Act or by the Professional Code, provided that the declaration is deposited among the minutes of a notary.

1968, c. 70, s. 9; 1973, c. 64, s. 54; 1974, c. 65, s. 58.