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Notary
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| Notary |
Michael Bula has the unique combined qualifications of the Graduate
Diploma in Notarial Practice (Victoria University) in the areas of :
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- Notarial Practice - Theory
- Notarial Practice - Practical
- Comparative Law
- Private International Law/Conflict of Laws
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as well as appointment as a notary for the following jurisdictions:
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- the State of Victoria
- the Australian Capital Territory and
- the Republic of Vanuatu.
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| Appointments and memberships |
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Michael Bula is the President and Chairman
of the Council of The Society of Notaries of Victoria Inc.,
which ensures leadership in the profession, currency with the most
up-to-date notarial practice and the application of the highest
standards of the local and international professions, in recognition
of his prominence.
He is an affiliated individual member of the
International Union of Notaries, which grants MBS access to the
civil law world of the Latin notariat and its networks and expertise.
He is Deputy Chairman and a fellow of The
Australian and New Zealand College of Notaries, a public company
limited by guarantee founded in June 2007. The College promotes
excellence in education, professional development and support for
members. This enhances the profile of MBS on a regional level. |
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| Functions of a Notary |
MBS ensures that all the required elements and
information of a notarial act are present.
This requirement is essential especially for public form documents.
For private form documents, the notary must ascertain to the best of his
or her knowledge:
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- the true identity of the person signing the deed by virtue of a
variety of identity documents
- that the parties are legally capable of signing the deed (over 18
years of age and are not under any legal incapacity)
- the signatories fully understand the nature and effect of the deed
- if the persons are acting in an official representative capacity,
such as an attorney-under-power for a third party or a company officer
or authorised signatory, proofs of such capacity must be produced
- the signing of the deed does not constitute a fraud or an unlawful
act.
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| MBS can advise on all
these issues. |
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Types of documents requiring a Notary |
Only the notarial deeds, instruments and
documents prepared by a notary such as Michael Bula, are recognised in
the majority of countries in the world.
The types of documents requiring a notary which commonly come before
MBS are:
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- Foreign language documents which can also be translated/drafted
in all languages through our associated agency
Corporate
Language Communications
- Powers of Attorney
- Court documents
- Administrative documents
- Conveyancing, Real property, Personal property, Lease and Mortgage
instruments
- Authorities
- True certified copies
- Certificates as to Australian law
- Certificates as to foreign law
- Affidavits and declarations
- Ship’s protests
- Bills of exchange
- Company documents
- Intellectual property documents and applications (Patents, Trademarks
and Designs)
- Trust documents
- Wills, Probate and succession documents
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| as a non-exhaustive list. |
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International Applications |
Most
documents requiring notarisation are for overseas countries – foreign jurisdictions.
Where those countries are members of the Hague Convention abolishing the requirement
of legalisation for foreign public documents, MBS recommends/obtains
the affixing of the Apostille stamp from the Australian Department of Foreign
Affairs and Trade, which will ensure the document is accepted in the foreign
jurisdiction.
Where the country of destination is not a member of the Hague Convention,
an Australian based embassy or consulate of that country can “legalise” notarial
certificates from MBS, so that documents are accepted in that country.
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In the event that the country of destination
is neither a member of the Hague Convention nor has any diplomatic or consular
representation in Australia, MBS can advise as to other effective alternatives.
For Commonwealth countries, however, documents notarised in Australia can
be used in most jurisdictions, without the requirement of the Apostille, as
Australian notaries and those from Commonwealth countries usually accord mutual
recognition. Nevertheless this should be vetted by MBS.
On some occasions, special notarial certificates need be prepared.
Care must also be taken to ensure that the notarial act is prepared in the
proper form as follows: |
- To comply with the requirements of the foreign jurisdiction;
- To be in the applicable foreign language
- To be drawn in either:
- public form, which is drafted and executed under seal by the notary
as the author of the instrument, certifying the truth and accuracy
of its content or
- private form, where the document is executed by the client, sometimes
with a number of independent witnesses in addition to the notary who
signs and seals the document and/or an attached certificate.
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| MBS has produced a list of most world countries noting overseas
document requirements which it can consult at the request of clients. |
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Deeds
for France
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MBS is uniquely recognised by the French Ministry of Foreign
Affairs through the French Embassy and Consulate General of France in
Australia as a notary capable of drafting documents in the French language,
which are recognised and valid in France and all its overseas departments
and territories.
Documents can be translated to French through our associated agency
Traductions Françaises |
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