Because of its serious legal consequences, the notarial deed involves more rigorous requirements and formalities than those of a normal document. The meticulous attention to details, the verification of the identity of the parties and the numerous controls to which it is subjected will give you added security and peace of mind.
Verification of the identity
The notary must first verify the identity of the vendor and purchaser. He is compelled to do so, even if he knows you personally and he must keep this information as elements of proof in his files. This information will remain confidential.
In order to be acceptable, ID proof must be issued by and emanate from a recognized entity. The validation of your identity will be carried out upon presentation of two ID documents issued by a reliable and independent organization. These identification documents must be legible and in force.
The most commonly used pieces of ID are a driver’s licence, a health care card or a passport. Other ID documents are acceptable such as official documents issued by a foreign country. In such cases, you should ask your notary in advance if they are acceptable. To be more knowledgeable on this subject, you can read the Règlement sur la tenue des dossiers et des études des notaires (Regulation on the management of the files and of notarial firms).
Verification of the capacity
Also, the notary must ensure that the persons signing the deed of sale have the capacity to contract, such as for example if the vendor has all the rights required to sell the property. This is why the notary must, amongst other verifications, ascertain the civil status and the matrimonial regime of the vendor. He may request from you other documents, as for example, a certificate of marriage or a copy of your divorce judgment. Furthermore, the notary must ensure that the powers of attorney, proxies and resolutions allowing a person to act on behalf of other persons are valid. Finally, if the notary comes to the conclusion that his client is incapable of acting, he must refuse to receive the deed.
WHAT YOU SHOULD KNOW! The verification of identity is carried out by the means of two documents, the origin of which is reliable and independent. In the case of an individual, one of these documents must have a photograph.
WHAT TO KEEP IN MIND: The contracting party must be capable, which means being in possession of the necessary rights and be able to exercise them.
WARNING! ID documents are useful for another important reason: they are assurances that the parties to the transaction are not identity thieves.