Ministerial Order determining the Writings and Stamp a Notary Affixes on Authentic Deeds


Rwanda

Ministerial Order determining the Writings and Stamp a Notary Affixes on Authentic Deeds

Ministerial Order 12 of 2017

The Minister of Justice/Attorney General,Pursuant to the Constitution of the Republic of Rwanda of 2003 revised in 2015, especially in Articles 121, 122 and 176;Pursuant to Law n° 13bis/2014 of 21/05/2014 governing the office of notary, especially in Article 39;After consideration and approval by the Cabinet, in its session of 05/08/2015;HEREBY ORDERS:

Chapter One
General provisions

Article One – Purpose of this Order

This Order determines the writings and stamps a notary affixes on authentic deeds.

Article 2 – Authentic deed

Authentic deed is a deed which has been drawn up or received with all the required formalities by a public officer authorized to officiate in the place where it is drawn up.

Chapter II
Stamps of a notary, their keeping and use and writings affixed on authentic deeds

Article 3 – Categories of the stamps

Stamps of a notary are divided into the following categories:the stamp with the Seal of the Republic;the stamp to certify that copies of documents are true to their originals;the stamp to certify payment of fees;the stamp relating to certification of signatures;the stamp with the notary’s name;the stamp relating to free of charge delivery.The stamp with the Seal of the Republic is only used by a public notary.The writings are affixed on stamps taking into account the three (3) official languages. However, the language of writings to be affixed to the document is the one in which the document is written.The notary is required to use stamps with red ink.

Article 4 – Form and dimensions of the stamps

The form and dimensions of the stamp of the Seal of the Republic are governed by the provisions of Law n° 24/2008 of 23/07/2008 determining the characteristics, significance, usage and protection of the Seal of the Republic;The form and the dimensions of other stamps are in Annex I of this Order.

Article 5 – Application for a stamp

The Ministry in charge of justice authorizes public institutions which apply for permission to order stamps to manufacturers in accordance with provisions of Law n° 24/2008 of 23/07/2008 determining the characteristics, significance, usage and protection of the seal of the Republic.

Article 6 – Keeping and use of the stamps

A notary must keep his/her stamps in a safe place and shall not give them to any other person, lose it or alter its originality.Stamps are only used for what they are designated for.

Article 7 – Writings to be affixed on the authentic deeds

Writings to be affixed on the authentic deeds must indicate at least the following:date of the authentic deed;names of the Notary;names of the witnesses;amount of money paid.The number of the file is written in Arabic numerals while the number of the volume is written in Roman numerals.Each volume of the files must comprise fifty (50) files.The format of writings affixed to such authentic deeds is in annex II of this Order.

Chapter III
Final provisions

Article 8 – Repealing provision

All prior provisions contrary to this Order are repealed.

Article 9 – Commencement

This Order comes into force on the date of its publication in the Official Gazette of the Republic of Rwanda.

Annex I

Annex II

Forms

[Editorial note: The forms have not been reproduced.]
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History of this document

27 March 2017 this version
24 February 2017
Assented to