Notarial Lexicon

Law has its own language. No surprise then if you don’t necessarely understand your notary. Here are some definitions which should make you understand your notary :

• Ab intestat : when someone passes without having made a will. The law then states how and to whom will be remitted the assets of the deceased.
• Adjustements : calculation of the refund between a vendor and a purchaser at the time of the sale of a property (municipal taxes, shool taxes, condo fees and etc. paid in advance).
• Deed : contract.
• Disbursment : any sum paid by the notary in order to complete your file and which is added to your statement for services rendered.
• Fees : usually known as the « notary’s fees ».  The remunuration of the notary. Not to not mistaken with the disbursements.
• Fidéicommis : in trust. Term referring to the trust account of the notary in which are deposited the funds belonging to his clients.
• Minute : original of a contract in the notarial form. Every time a contract is signed in front of me by all the clients implied, it is then dated and given a number (minuter). Every notary must keep a minute book in which are registered all the contracts received in the notarial form with a consecutive number. Each contract has its own number. The minute is kept by the notary in accordance with very strict rules.
• Mortgage instructions : document transmitted to the notary by a bank or caisse containing all the terms and conditions of a mortgage granted to a client.
• Mutation tax : usually known as the welcome tax
• Non contentious : procedures with the court for which the notary is allowed to represent a client instead of a lawyer.  Those are files in which there is no litigation, i.e. when there is not 2 or more parties opposing each other. It is for example, verification of a will made before witnesses or handwritten and the verification of a mandate in anticipation of incapacity.
• Publication : transmetting a contract to the Registry Office or the RDPRM for registration as requred by law in order for the contract to be valid towards third parties.
• Publication without adverse entries : verification by the notary in order to make sure no other contract has be published between the time of signature of the contract and its publication. For example : a mortgage published on a house by the vendor after the signature of a sale in favour of a purchaser. If there is such an adverse entry, the notary will not remitt the funds to the vendor unless the new mortgage is paid.
• RDPRM : Registre des droits personnels et réels mobiliers. Every contract to be published by law concerning another asset than an immovable are published in this registry (marriage contract, mortgage on the equipment of a company, etc.).
• Registry Office : Registry where are published all contracts concerning an immovable.
• Statement of dibursments : for the vendor of an immovable, list of the fees to be paid by the notary out of the proceeds of the sale. For the buyer of an immovable, list of the funds received and of the fees to be paid in connection to the purchaser. For a borrower refinancing his property, list of the fees to be paid out of the new mortgage.
• To disburse : When funds go through the trust account of the notary, to issue cheques and to electronically transfer the funds in order to remitt the sums to their holder after payment of all fees to be paid (refund of mortgages, payment of the commissions of the real estate brokers, payment of the arrears of municipal and school taxes, payment of the notary’s fees, etc.).
• Trust account : bank account of the notary in which are deposited any sums received by the notary for the benefit of his clients and subject to strict rules.

These terms are such a big part of my days as a notary that it is often difficult for me to think they might not be familiar to you all !