THE ROLE OF A NOTARY
The safeguard of your commitments.
A public officer, the notary gives deeds their legal force, checks what you sign and advises every party impartially.
A PUBLIC OFFICER
In the service of the public.
A Mauritian notary acts under the authority of the State. The notary's presence is a condition of validity for deeds the law requires in authentic form: the sale of property, marriage contracts and donations.
Beyond that, the notary is there for life's major moments: a first home, a marriage, a new company, a divorce, a death in the family. The notary advises, guides, obtains each party's informed consent and gives the deed the highest evidential force.
Three missions, one purpose.
Verify
Titles, charges, mortgages, servitudes, building and subdivision permits, the identity and capacity of each party. If something is irregular, the notary tells you whether it can be put right or whether you should walk away.
Advise
The notary explains the legal, tax and financial consequences of your commitment and proposes the solution best suited to your situation.
Authenticate
The notary drafts the deed, witnesses the signatures, collects the duties owed to the State, registers and transcribes the deed and keeps the original.
The notary is the impartial arbiter of the contracts he receives and the adviser of individuals, businesses and communities; he ensures the integrity and security of contractual life.
Notary or lawyer?
A lawyer
- Defends the interests of one party.
- Argues cases in court.
- Sets their own fees.
A notary
- Advises every party equally, even if only one pays.
- Prevents disputes by making the deed secure.
- Charges fees on a scale set by law.
WHEN TO CALL A NOTARY
The big moments, and all the others.
FEES
Set by law, the same for everyone.
Notarial fees in Mauritius follow a scale set by the Notaries Act 2008. No bidding and no quotes to compare: the cost is predictable and fair, so you judge the office on the quality of its work.
This regulated scale makes the notary accessible to everyone, not only to those with substantial means.
Estimate the costs of a purchaseYour questions, answered.
Who pays the notary?
The buyer usually pays the costs of a property purchase. But whoever pays the fees, the notary owes the same advice to every party.
Can a notary advise both buyer and seller?
Yes, that is the notary's role: to be impartial. Each party may also appoint their own notary, who acts alongside the first.
Can a notary refuse to draw up a deed?
Yes, if there is an irregularity that cannot be put right or if the deed would be unlawful. The notary will explain why.