The office of the Notary public in an ever-evolving electronic world

Abstract

The Notarial Profession is a regulated profession with atypical characteristics and functions. Notaries Public must perform their roles and function within the ambit of Notarial Law. Although the Notarial Profession is an atypical profession, it too fonns part of society by which it is influenced. The Notary public holds a prestigious status in society. However, the Notary public must serve the community in which he/she practises. This means that the Notarial Profession is dependent of the needs and trends of society. Information Technology has revolutionized the world. Consequently, the Notarial Profession must determine what developments it must go through so as to remain in line with the developments of society in general. By doing so the Notarial Profession will ensure that it keeps the status it traditionally had. Recent legislation, particularly the Electronic Commerce Act, has already brought about certain developi;nents within the Notarial Profession. However further developments are required so as to introduce further the use of information technology in the Office of the Notary public. Such developments would not be possible unless Notarial Laws are amended so as to recognize the use of new methods and systems involving the latest technology. Chapter 1 will give an overview of the Notarial Profession including its traditional powers, roles and functions. The need for development and the use of information technology will also be discussed in Chapter 1. Chapter 2 will analyze the possible introduction of information technology whilst performing the necessary pre-publication formalities, namely the conclusion of preliminary agreements and searches. Chapter 3 will discuss the possibility of publishing notarial deeds using a system of virtual presence. Moreover the possibility of introducing electronic notarial deeds will be discussed in the light of the various formal and procedural requirements which public deeds must satisfy. Chapter 4 will deal with the issue whether notaries public may use electronic means so as to fulfil post-publication formalities.