Notarial deed (authentic act, Quebec)

Quebec parties meet this term when a document must be signed before a notary. Article 2819 of the Civil Code says a notarial act must be signed by all the parties to be authentic (a party unable to sign gives their declaration or consent before a witness who signs), and that it then makes proof against all persons of the juridical act it sets out and of the parties’ declarations that directly relate to it. See civil law and business sales in Quebec.

When the Code requires one

• Art. 2693: an immovable hypothec must, on pain of absolute nullity, be granted by notarial act en minute.
• Art. 2692: a hypothec in favour of a hypothecary representative must be granted that way too, except a movable hypothec with delivery.
• Art. 1824: the gift of movable or immovable property is made, on pain of absolute nullity, by notarial act en minute, and must be published, except a gift of movable property where consent comes with delivery and immediate possession.

What to ask

Éducaloi lists an immovable hypothec among the documents that notaries produce and that are considered authentic. Ask a Quebec notary or lawyer whether any security or gift in your deal falls under these articles. This entry covers Quebec’s Civil Code only. A related term is Quebec hypothec.