WHO IS A PUBLIC NOTARY IN CAMEROON?
A notary in Cameroon is a profession which is part of a panoply considered auxiliaries of justice and whose activity is closely linked to the public service of justice. Responsible for giving an authentic character attached to the acts of public authority to all contracts and acts that the parties wish or must perform, ensuring the date, keeping the deposit and issuing large copies and shipments, the Notary is at the centre of real estate transactions, contractual and conventional.
Public officers are required to reside in the place determined by his act of appointment under penalty of being considered as resigning and replaced automatically by the Minister in charge of Justice for lack of residence, the Notary exercises a function created by decree of the President of the Republic, at the seat of a Court of First Instance or in any other locality.
His office is personal, non-transferable and, subject to the provisions of the General Tax Code, unseizable. And if the number of Notaries remains still reduced concerning the solicitations of which they are the object through the national triangle, there are many, litigants for whom all the contours of this profession remain a real mystery. A mystery whose veil is lifted by the 05 Titles, 09 Chapters, 10 Sections and 119 Articles which constitute Decree No. 95/034 of February 24, 1995, on the status and organization of the profession of Notary in Cameroon.
Access to and exercise of the profession
The profession of Notary can be exercised in Cameroon only by Cameroonians of both sexes, aged 23 years at least and 50 years at most. Cameroonians who must enjoy their civic and political rights and who must hold a Bachelor’s degree in Law or a legal diploma recognized as equivalent by the competent authority at the time of deposit against receipt at the Ministry of Justice, d a file to apply for appointment to a position. In addition, the future Notary must obligatorily justify an effective internship of at least 01 year as 1st Clerk, for the particular case of Cameroon or an effective internship whose duration is fixed following the regulations of the country of an internship. Anyone who has been convicted of a crime or for acts contrary to probity or good morals declared bankrupt or placed in compulsory liquidation, just like a dismissed ministerial officer, a lawyer removed from the Bar, a civil servant dismissed by disciplinary measure or for fault contrary to probity or good morals, cannot be appointed Notary. In Cameroon, it is by a decree of the President of the Republic that one accesses the profession of Notary. A text will then be notified to the person concerned by the General Prosecutor at the Court of Appeal of the jurisdiction where he is called upon to practice. Thus notified, the new Notary, under penalty of forfeiture, has 03 months to take the oath before the Court of Appeal, after having presented all the documentation giving him access to this oath. ” a civil servant dismissed by disciplinary measure or for fault contrary to probity or good morals, cannot be appointed Notary. In Cameroon, it is by a decree of the President of the Republic that one accesses the profession of Notary. A text will then be notified to the person concerned by the General Prosecutor at the Court of Appeal of the jurisdiction where he is called upon to practice. Thus notified, the new Notary, under penalty of forfeiture, has 03 months to take the oath before the Court of Appeal, after having presented all the documentation giving him access to this oath. ” a civil servant dismissed by disciplinary measure or for fault contrary to probity or good morals, cannot be appointed Notary. In Cameroon, it is by a decree of the President of the Republic that one accesses the profession of Notary. A text will then be notified to the person concerned by the General Prosecutor at the Court of Appeal of the jurisdiction where he is called upon to practice. Thus notified, the new Notary, under penalty of forfeiture, has 03 months to take the oath before the Court of Appeal, after having presented all the documentation giving him access to this oath. ” A text which will then be notified to the person concerned by the General Prosecutor at the Court of Appeal of the jurisdiction where he is called upon to practice. Thus notified, the new Notary, under penalty of forfeiture, has 03 months to take the oath before the Court of Appeal, after having presented all the documentation giving him access to this oath. ” A text which will then be notified to the person concerned by the General Prosecutor at the Court of Appeal of the jurisdiction where he is called upon to practice. Thus notified, the new Notary, under penalty of forfeiture, has 03 months to take the oath before the Court of Appeal, after having presented all the documentation giving him access to this oath. “I swear to perform my duties with beauty, accuracy and probity; and to observe in everything, the duties that they impose on me“. It is in these terms that the Notary definitively engages in the exercise of this profession. A profession that he can only exercise within the jurisdiction of the Court of First Instance of the seat of his study where he has the monopoly of acts to be passed in notarized form. Its monopoly extends to the jurisdiction of the courts of First Instance bordering that of the office’s headquarters and provided with a notary but included in the territory of the Court of Appeal of the jurisdiction. It is therefore clear that no notary can act outside his jurisdiction or pass acts relating to the status of domiciled persons or property located outside his jurisdiction. Only authorization from the Minister in charge of Justice can allow an instrumental notary to receive deeds concerning these assets when a main act involving a natural or legal person has legal consequences for assets located in different jurisdictions. It should be noted that a notary can cease
to practice after 25 consecutive years of exercise with honour and probity, by order of the Minister in charge of Justice on reasoned proposals from the office of the Chamber and opinion of the General Prosecutor. He can then obtain the title of Honorary Notary. This title thus allows the now Honorary Notary to continue to enjoy the honours and privileges linked to his profession.
Aspirants to the profession
Committed to a 03-year notary internship, the Notary Clerk is the aspirant to the notary profession. It is entered, after the exclusive authorization of the Public Prosecutor, in the internship register, numbered and initialled by the President of the competent Court of First Instance. This register is then filed with the Registry of the said Court at the behest of the Chief Registrar of the Court of First Instance of the seat of the Notary intended as internship sponsor. It is with this Chief Registrar that the applicant will have previously submitted a file. The candidate for the title of Notary Clerk must be over 20 years old. Once Clerc de Notaire, another step must be taken to get closer to the profession of Notaire: that of 1st Clerc de Notaire. Access to this title is by examination. This exam is reserved for Notary Clerks who have completed 03 years of training under the regulations in force. Registered by the Chief Registrar of the competent Court of First Instance, the application files are transmitted to the Minister in charge of Justice by the Public Prosecutor of the competent jurisdiction.
And it is the Minister in charge of Justice who organises, at the single centre in Yaoundé, this professional examination comprising written and oral tests, the program of which is fixed by order of the Minister in charge of Justice, after consulting the Professional Chamber. It is moreover an order of the Minister in charge of Justice which attributes the title of 1st Notary Clerk.
The 1st Clerk takes the same oath as the Notary before the competent Court of First Instance and transfers of rank within the same study or from one study to another, received by the Chief Registrar of the competent Court of First Instance are authorized by the Public Prosecutor to whom the requests are forwarded. It is also the Public Prosecutor who exercises general supervision over the conduct of all aspirants to the notarial profession within the jurisdiction. He can thus, in the prerogatives of the exercise of his function of general supervisor, pronounce against any contravener of the rules which govern the discipline of the aspirant to the notary, disciplinary sanctions such as the call to order, censorship, and internship suspension. As for the particular case of the suspension of training, its duration cannot exceed one year.
The notary and discipline
Beyond these sanctions which may occur during the internship period, the Notary, once in the exercise of his duties in the field, incurs others. Thus, in addition to the civil liability that he may incur by violating the ethics that govern his profession, the Notary is liable to disciplinary proceedings without risk of legal proceedings. Initiated before the Office of the Chamber, the competent disciplinary body for Notaries, and under common law on complaints from victims, at the request of a trustee or the request of the Public Prosecutor even if there is no victim or plaintiff, the disciplinary proceedings are 04 orders.
First the warning. The warning sanction, pronounced by the decision of the General Prosecutor, is transmitted by ampliation to the office of the Chamber for filing in the personal file of the Notary. Then the call to order, the simple censorship which corresponds to a reprimand, the censorship with reprimand which corresponds to a reprimand with registration in the file of the Notary and the suspension which consists in stopping the activities of the Notary for a determined period. at least 01 year old and at most 05 years old. This group of sanctions is pronounced by the office of the Chamber seized by its President, the General Prosecutor or the Minister in charge of Justice. The decision of the Chamber may be the subject of a suspensive appeal to the Court of Appeal by declaration to the Registry of the said jurisdiction within 15 days of its notification. It should be noted that the suspended Notary can resume his activities only after the execution of the sanction. The replacement of office is pronounced by order of the Minister in charge of Justice after the opinion of the office of the Room. Automatic replacement applies to a Notary who does not reside at the place of his appointment.
Finally, dismissal. It marks the loss of the quality of the Notary. The dismissal is pronounced by decree of the President of the Republic, after the reasoned opinion of the office of the Chamber and of the Minister in charge of Justice. Furthermore, disciplinary proceedings may be initiated against the President of the Bureau of the Chamber, a member of the Bureau of the said Chamber, former Presidents or members of the Bureau of the Chamber. These proceedings will be brought before the Court of Appeal of the Notary’s place of residence by the Attorney General. Its disciplinary action is initiated either on the complaint of a victim, or ex officio at the request of the Minister responsible for Justice. It should be noted that at the request of the Attorney General, the Minister responsible for Justice may, by decision, pronounce the prohibition to practice against the Notary prosecuted for acts related to the exercise of his profession when the penalty incurred is a custodial sentence. This measure is lifted automatically, in the same forms, by the Minister in charge of Justice in the event of dismissal, acquittal or acquisition. In addition, when a Notary is the subject of criminal proceedings or disciplinary action, the Minister responsible for Justice is empowered to pronounce by decree the prohibition to exercise his functions against the person concerned. This measure remains applicable until the outcome of the disciplinary procedure and legal proceedings as the case may be. It is also worth pointing out that upon notification by the Public Prosecutor of the corresponding act, the Notary is subject to a ban on practising, suspension,
Termination of function
In addition to the suspension which is a temporary cessation of the exercise of his functions,
other circumstances may cause the Notary to cease his duties temporarily or permanently. Concerning the temporary suspension, it can intervene either in the event of absence for 30 days at most with the authorization of the office of the Chamber, or in the event of impediment duly noted by the General Prosecutor, on the initiative office of the Chamber, either in the event of annual leave granted by decision of the Minister in charge of Justice who sets the duration without this being able to exceed 02 months or finally in the event of illness or duly established infirmity. For all these cases of temporary termination of office, the Notary is replaced by the decision of the Minister responsible for Justice, by an interim who may be a Notary or a 1st Clerk. And if the temporary worker is absent or prevented in turn, on the advice of the Attorney General and the proposal of the notary of the office or the office of the Chamber, he is automatically replaced, as necessary, by the decision of the Minister in charge of Justice. This automatic replacement can only take place at the end of provisional management of 06 months. The management of the interim ends when the management is taken over by the titular notary.
As for the definitive cessation of functions, it occurs at the age of 60 years. And it is the President of the Republic, by decree, who puts an end to the functions of the Notary. The Minister in charge of Justice appoints, if necessary and on the proposal of the Notary concerned, after the reasoned opinion of the General Prosecutor, an interim in charge of the provisional administration or the liquidation of the Firm. In the event of death, the President of the Court of First Instance of the place of residence of the Notary orders, all business ceasing, at the request of the Public Prosecutor, the sealing of the minutes, directories and all the registers of the Office. The President of the Court of First Instance appoints, by order, the person responsible for keeping the seals and receiving the archives until an interim is appointed.
Prohibitions and Incompatibilities
Function incompatible with those of members of any jurisdiction, lawyer, bailiff, auctioneer, enforcement agent, the officer in charge of direct or indirect contributions, employees of an administration public or employee in general within the meaning of the Labor Code and as for any other trade, the Notary must not engage in any stock market speculation,
commerce, banking, discount and brokerage, subscribe to some securities or under any pretext whatsoever, bills of exchange or negotiable promissory notes. It is also forbidden for the Notary to interfere in the administration of any commercial company or financial, commercial or industrial company, to make speculations relating to the acquisition and resale of buildings or the assignment of receivables. , inheritance rights, industrial actions and other corporeal rights, to take an interest in any business for which he lends his ministry, to invest in his personal name funds which he would have received even on condition of serving the interests. Furthermore, the Notary must not act as guarantor or surety for any reason whatsoever,
circumstances, to receive or retain funds to serve as interest, to allocate, even temporarily, the sums or securities of which it is the holder in any capacity whatsoever, to use for which they would not be intended. The Notary must also not withhold, even in the event of opposition, the sums which must be paid by
him to a public fund, in the cases provided for by the laws and regulations, have these notes or acknowledgements signed leaving the name of the creditor blank, let his clerks intervene without a written mandate, in the deeds he receives, the claim for a few causes that it is a sum higher than the tariffs in force. And if the Notary practising in Cameroon, a member of the National Chamber of Notaries, can also associate with other of his colleagues residing in the same city as him to exercise their activity in the form of a professional civil society while the remaining holder of his office, the emoluments to which he may claim on the occasion of the accomplishment of the acts of his ministry are fixed by a decree of the President of the Republic.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
Article by CHUO ANGABUA JUNIOR
‘’The content of this article is intended to provide a general guide to the subject matter. We insist specialist advice be sought depending on your specific circumstance’’
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