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Preparation of a notarial deed or instrument — Notary
A customer who needs a formal instrument should first describe the transaction and who requested the document. The provider can then establish the appropriate professional role, information and drafting scope rather than preparing a generic deed that may not serve the intended legal purpose.
Service scope
Drafting or formalising a specified deed or legal instrument by a professional authorised to perform that work locally. The label does not establish what kind of instrument is needed, and preparing its terms is distinct from merely witnessing a signature on an existing document.
What is normally included
- Clarification of the requested instrument
- Preparation within the professional's authorised scope
- Review of execution and party requirements
What is not included
- Choosing a legal instrument without an adequate brief
- Assuming every notary provides substantive drafting
- One document covering unspecified transactions
Typical tasks
- Identify the intended instrument
- Establish the parties and their capacities
- Clarify the agreed subject matter
- Prepare or review the authorised draft
- Arrange the required execution process within scope
What to include in your brief
- Purpose of the document
- Parties and capacity
- Relevant jurisdictions
- Existing adviser or draft
- Intended use and deadline
Choosing the right professional
Ask whether the proposed professional can draft this particular instrument as well as perform a notarial act. Clarify who advises each party, how conflicts are handled and which translation, registration or tax questions require another engagement.
Important considerations
- The term deed is not interchangeable across legal systems
- Conflicting interests may require separate advisers
- Later changes can require another execution or formalisation step
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