Notarial Ethics and Responsibilities Explained
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ScribdTranslationsNotarial Ethics and Responsibilities Explained
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ScribdTranslationsUNIT IV: OF THE EVIDENCE, RESPONSIBILITY AND ETHICS OF THE NOTARY
4.2.1 From the proof as the foundation of the notarial function.
Authenticate the signatures of public and private contracts: contracts of
lease, purchase agreements, powers of attorney, letters, authorizations
and others;
Drafting of public deeds: protocolization of corporate minutes
anonymous, private interest foundations, sale of movable property and
real estate, wills and others;
Notarial proceedings: the notary moves from the notarial office to the place
where public faith of an act is required; for example, the reading of a
open will or the celebration of a civil marriage;
Marriages: notaries in Panama are authorized to officiate them.
civil marriages;
True copy of the original: notaries in Panama can authenticate the copy
from an original document provided that its original is presented;
Other acts that require the public faith of the notary through the preparation
of notarial acts or that the notary records it, through a seal and their
signature, of the authenticity of the document.
4.2.2 Responsibility and the ethics of the notary.
Foundation of Notarial Responsibility
The notary's responsibility is based on two principles: 1) In relation
directly with the strict and faithful fulfillment of the notarial office that must be performed
the notary, fulfilling all the general duties imposed by the function and
2) in reference to the responsibility that the notary must have toward the people
who request his services, whom he cannot betray the trust placed in him
they have deposited; since in the case of defrauding it, the consequence is that it will be
is responsible for the damages and losses caused.
This responsibility obeys the duty to act in accordance with its own norms
the notarial function.
Classification of Notarial Responsibility.
Civil Responsibility.
Civil responsibility is the obligation to repair and satisfy for oneself or for another,
the unjust consequences of conduct contrary to law, or to remedy a
damage caused without fault, but which the law places on the responsibility of the material author of it
damage.
Also the responsibility resulting from the damages caused
to third parties for breach of the Notary Law itself, or the liability
What does the notary incur for the poor performance of their functions, according to
lay down the general laws.
Criminal Responsibility.
Criminal responsibility is what the notary assumes when drafting documents.
notaries incur in falsehood and other related crimes, stating
situations of law and of fact that do not actually exist, or taking advantage
of its function for one's own benefit or that of others.
This type of liability is derived from a criminal act on the part of
from the Notary during the exercise of their notarial function, since, also,
he will respond to other criminal acts in his position as an ordinary citizen.
It must be understood that the fact of being a notary does not itself entail any
treatment different from that of common people.
Disciplinary Responsibility.
It is the responsibility arising from the breach of the Notarial Law or
provisions that regulate the actions of the notary and the notarial function,
that is, when one fails in the duties of the profession, in professional ethics or
attentive against the prestige and decorum of the profession.
The disciplinary regulation is the legal description of ethics and principles.
What must be observed by someone who engages in an activity or profession. When such
when the rules are violated, disciplinary responsibility is incurred, without prejudice
Such behaviors can also compromise their author in other ways.
responsibilities, such as criminal and civil.
4.2.3 Dominican College of Notaries.
The Dominican College of Notaries is a public moral institution,
with legal personality and own assets, with the rights, powers and
obligations conferred by Law 140-15 of August 7, 2015; was founded on
June 3, 1967, and was incorporated by decree 1866 of November 28.
from 1967 and in the year 2005 it was established by law 89-05, repealed by the
actual law 140-15.
LAW NO. 8905 CREATING THE NOTARIAL COLLEGE. PROMULGATED IN
February 24, 2005.
CONSIDERING: That the Dominican professional community understands that one of
the viable ways to organize and regulate the exercise of the respective
professions, in such a way that they fulfill the social function for which they are intended,
through strict exercise adhering to the law and to the ethical imperatives inherent to
each one of them is the professional sector's enrollment;
CONSIDERING: That professional registration allows for the establishment of a
democratic oversight of the practice of liberal professions;
CONSIDERING: That membership is the form that has been established in countries
democratic and institutional development, in the various professional sectors,
to equip itself with a form that regulates effectively and socially efficiently;
CONSIDERING: That in this regard there exists in the Dominican Republic the
Dominican College of Notaries, incorporated by decree No.1866, of the 28
November 1967;
HAS ISSUED THE FOLLOWING LAW:
Article 1. The Dominican College of Notaries is created as a moral institution of
public character, with legal personality and its own assets, with the rights,
attributions and obligations conferred by law.
Article 2. The Dominican College of Notaries shall be composed of all notaries.
existing publics in the country in accordance with the law, as well as those that in
go ahead and comply with the requirements of this law and Law No. 301, of June 18
from 1964, of the Notariat.
Art. 3. In order to practice their profession, in addition to the requirements established in
other laws, public notaries must register with the Dominican College of
Notaries, within the one hundred twenty (120) days following the promulgation of
this law. The College will establish, in coordination with the Supreme Court of
Justice, the regulations that ensure the faithful compliance with this law.
Paragraph. Notaries, as of this law, must record in all their
notarial acts that instrument and act as such, the number of their
tuition.
Article 4. The Dominican College of Notaries shall have the following bodies
direction and control: The general assembly and the board of directors.
Article 5. The General Assembly is the highest governing body of the College.
Dominican Notaries, and it will be composed of all the members that are
stay up to date with their obligations and in the full exercise of their
rights as a Notary Public and as a member of the College of Notaries.
4.2.4 On the sanctions for the infractions of the notary.
Some violations:
- The falsification in public or private writing as contemplated in articles 145 and
following the Penal Code and 239 and 240 of the Civil Procedure Code;
- The scam or fraud punished by article 405 of the Penal Code;
- The breach of trust penalized by Article 406 of the Penal Code.
In addition, they are included among the violations that the law punishes as
crime or offense, the notarial actions that exceed the limits of arts. 6,
20, 24, 29, 39, 40, 53, 59 and 60 of Law 301 on Notarial Law.
Penalty
Art. 8.- Notaries will be judged disciplinarily by the Supreme Court of
Justice established in Disciplinary Chamber, able to impose penalties, fines
that do not exceed five hundred gold pesos (RD$ 500.00) and temporary suspension that
no more than two years or dismissal, depending on the severity of the case. It is understood as
lacks for the purposes of this article any fact, action or procedure
that a Notary performs in the exercise of his functions or due to this,
taking advantage of his condition as a notary, not penalized by any other law, and that
in the opinion of the Supreme Court of Justice and for the preservation of morality
professional, I need to be corrected in the interest of the public.
Article 61.- Notaries may only be dismissed by the Supreme Court.
Justice. The dismissal will be applied: 1st. For notorious misconduct; 2nd. For faults
serious in the exercise of their functions that are not provided for in this Law;
3rd. When the Notary has been convicted more than three times in a year, for
violations of this law; 4th. When the dismissal is pronounced by the
Law
Likewise, in the final part of Article 24 of the Notary Law, it is provided to the
notary about the possibility of being dismissed when executing incorrectly the
exception of the amendments or by interlineations or other defects in the drafting of
authentic acts, as long as they are a consequence of fraud; in the event of
on the contrary, the threat of a fine of one hundred pesos (RD$100.00) would be
sufficient.
4.2.5 Notaries' actions in the registration of Titles.
Article 10. The funds necessary to cover the expenses and activities of the College
Dominican Notaries will come from registration fees and contributions.
and periodic contributions from its members.
Similarly, a receipt will be created for the value of one hundred pesos (RD$100.00), for
concept of legalizations and registration of notarial acts in all notarial acts in
the Attorney General's Office, in the Civil Registry, in the Conservatory
of Mortgages, in the Ministry of Foreign Affairs, in the Chambers of
Commerce and Production, in the Title Registries throughout the country, which
will be created in coordination with the General Directorate of Internal Revenue and
previously established or by any other lawful means, of the percentages
deducted from the work assigned through or with the participation of the College,
as well as any other income allowed by law.
The timely cancellation of those rights, fees, and contributions is mandatory.
for all its members.
4.2.6 The registration of documents subject to tax payment.
Compliance with registration involves the payment of taxes established by law,
which must be known by the notary. It is essential that the tax
to which the act intervened by the notary is subject, is provided by
the tax laws under which such taxes must be paid.
Among the taxes that must be paid for notarial acts are: taxes on
Records of Civil, Judicial, and Extrajudicial Acts.