Regulations for Notarial Profession with in a Non-Profit Legal Person
Quebec (Notaries Act N-3, s.26.1)
Regulation respecting the practice of the notarial profession within a non-profit legal person
The board of directors of the Bar of Quebec (Barreau du Québec) made a draft regulation which may be examined by the Office des professions du Québec and then submitted to the Government for approval, with or without amendment.
The Office des professions du Québec is a non-budgetary government body that reports to the Minister responsible for the application of professional laws, namely, the Minister responsible for Government Administration and Chair of the Treasury Board.
The draft Regulation determines the terms, conditions and restrictions applicable to the practice of the notarial profession within a non-profit legal person, The draft Regulation has no impact on the public or on enterprises, including small and medium-sized businesses. Purpose is to improve access to justice by broadening the range of legal services provided free of charge or at a moderate cost.
The notarial profession in Quebec has nearly 4,000 women and men. Notaries act as agreement specialists and legal advisors whose approach focuses on prevention, conciliation and alternative conflict resolution rather than litigation.
Notaries set up legal protection mechanisms in order to prevent abusive situations. They work on finding common ground and select the appropriate conflict resolution method, such as mediation between co-owners or succession mediation, to reach a fair and reasonable arrangement.
The fundamental distinction between notaries and other legal professionals is the status of public officer conferred on them by the government. The acts they draw up are considered authentic, i.e. they have a high degree of reliability and are difficult to challenge. The veracity of the content, date and signature of these documents stands in court with no need for further authentication. Indeed, for certain acts, the notarial form is mandatory, in particular for real estate mortgages, declarations of divided co-ownership, gifts and marriage contracts.
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