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Your Notary: Legal Advisor

The notarial profession

Of French origin, the notarial profession has existed in Quebec since French Civil Law took root here, giving this Province a unique place in the North American legal world. The profession is managed by the Chambre des notaires du Quebec, a professional corporation governed by the Professional Code. Taking account, as it does, of the constant changes in the law, the university education received by a notary and the continuous refining of his legal knowledge make today's notary the legal adviser in non-contentious matters and specialist in preventive law.

An international profession

The notarial profession exists all over the world except in most of the countries formerly part of the British Empire. Nevertheless, a kind of notarial profession may be found in British Columbia and in Great Britain itself. The Chambre des notaires du Quebec forms part of the International Union of Latin Notaries. Approximately forty countries are members of this organization, including France, Japan, Mexico, etc. In Quebec, there are presently more than 3,500 notaries found in almost every municipality of the Province. Although most of its members are in private law practice, notaries may also be found more and more frequently in public and parapublic organizations. They are present in several government ministries and big crown corporations, government boards and agencies, and also in private companies, financial institutions, municipal corporations, etc.

The notary your legal adviser

All your life, you are called upon to make very important decisions of a legal, economic and social nature. Think of the obligations resulting from a marriage, a divorce, a will and the consequent transmission of assets, the purchase of a property and its financing, or setting up a company or a partnership.

The need for a legal adviser

The constant changes in the law and the ever-increasing complexity of our statute-law must necessarily make you hesitate when important decisions have to be taken. The assistance eagerly rendered by your friends and neighbours does not, however, give you the desired assurance. Where can proper advice be obtained, if not from a qualified jurist, who, with his background, can help you find the right solutions ? As your legal adviser, your notary will analyze and synthesize all the information received and evaluate its relevance; he will act as your trusted guide and pinpoint for you all the legal, economic and fiscal aspects of a given situation; the notary will propose various solutions to facilitate your decision-making; his recommendations will be primarily directed towards the reconciliation and agreement of the various parties concerned. To evaluate proposals, to give advice and to respect the wishes of those involved, that is the role of a notary.

Consultation

A hasty decision runs the risk of causing disagreements and even more disturbing repercussions. Before signing any document, prudence requires you to consult your notary. Such a consultation will enable you to know your rights on the matter under consideration; to pinpoint those items capable of affecting your personal and financial situation; to evaluate the advantages and disadvantages of the various solutions proposed; to choose the form and type of legal action best suited to your needs. Your notary's counsel is your guarantee of security. The information received when you consult a notary will allow you to better identify the rights and obligations attached to the legal action you are planning to take. As a specialist in matrimonial and family law, your notary will advise you on the choice of your matrimonial regime; on the effects of a marriage contract; on possible modifications to your matrimonial regime; on agreements relating to the partition of assets in the event of a divorce or separation; on the effects of a division of the family assets or patrimony; on the legal consequences of a common-law marriage; on agreements on common-law arrangements; on the usefulness of a mandate for eventual mental incapacity; etc. As an expert in real estate law, your notary will instruct you on the importance and consequences of a preliminary contract for the purchase of a property; the various methods of mortgage (hypothec) financing; the value of your investment; the taxation implications of your transaction; the necessity of a title examination and the preparation of an updating report; the essential clauses to have inserted in a deed of sale. As an authority in commercial matters, your notary will advise you on the advantages of setting up a company; the requirements for forming a partnership; the procedures to be followed for adopting by-laws and bringing minutes up to date; tax benefits; possible agreements between partners or shareholders in the event of death or the dissolution of the business. As a traditional family adviser, your notary will contribute, through his knowledge to the planning of your estate; the preparation of your will; the protection of your minor children; facilitating the settlement of your estate. As a sought-after confidant, your notary will suggest the action to be taken in the event of an adoption; the procedure to be followed for changing your name; the method for correcting an act of civil status; the conditions required to protect incapable persons.

The notarial deed: a valuable document

The drafting of deeds is another part of the functions of a notary. Public officer recognized by the State, a notary confers on his deeds the character of authenticity. A notarial deed makes proof before any court of justice of its contents, of the exactness of its date and of the veracity of the signatures. When he draws up a deed, a notary must ensure that the wishes of the parties to the contract do not conflict with the law or justice. It is the duty of the notary to inform all the parties to the deed of their respective rights and obligations even it they have opposing interests. The solicitude for accuracy and attention to detail, characteristic of a notary, will prompt him to use precise terms to lessen the risk of errors of interpretation . The notary must always keep the original of the contract signed by him. It is therefore always possible for you to find it and to obtain true copies thereof. In a notarial deed are put your proposals of legal importance into concrete form and are the true reflection of your desires.