NOTARIAL RULES AND ORDERS (RATIFICATION & CITATION) RULES 1991

Citation and Commencement

1. These rules may be cited as the Notarial Rules and Orders (Ratification and Citation) Rules 1991, and shall come into operation on the 8th day of July 1991.

Interpretation

2. In these Rules "The Master" means the Master of the Faculties.

Revocation of Rules and Orders

3. The following Orders of the Master are hereby revoked;

Order dated 30th September 1981 concerning the level of contribution to the Contingency Fund and publication of accounts.

Order dated 30th September 1981 concerning examinations and insurance (so far as not already revoked).

Order dated 30th September 1981 concerning practising certificate registration fees and evidence of indemnity insurance (so far as not already revoked).

Order dated 26th February 1982 concerning fees.

Rules dated 15th October 1984 concerning advertising.

Order dated 25th October 1984 concerning fees.

Order dated 4th September 1986 concerning fees for the issue or registration of practising certificates.

Fee-sharing

4. Rule 7 of the Notaries Practice Rules 1989 is hereby replaced by the following:

"7. (1) Subject to paragraph (2) of this Rule, a notary shall not share or agree to share his professional fees with any person not entitled to act as a notary; provided that this Rule shall not prohibit the payment of any allowance or allowances, sum or sums of money, that are or shall be agreed to be made or paid to the widows or children of any deceased notary or notaries, by any surviving partner or partners of such deceased notary or notaries.

(2) A notary who also practises in partnership as a solicitor may share professional fees with his partners who are solicitors, provided that a notary who shares fees by virtue of this paragraph shall keep accounts which enable the income and expenditure arising from his practice as a notary to be distinguished from the income and expenditure arising from his practice as a solicitor, and shall furnish the Faculty Office with such additional information as to his partnership and accounting arrange-ments as may be prescribed in Rules or Orders of the Master.

(3) Paragraph (2) of this Rule shall not apply to a notary, any part of whose practice as a notary is within the jurisdiction of the Incorporated Company of Scriveners of London."

Ratification of remaining Orders and Rules

5. For the avoidance of doubt the following Orders and Rules are hereby ratified and confirmed and shall have effect as though they were repeated herein:

(a) Order dated 30th September 1981 establishing the Contingency Fund.

(b) Order dated 16th June 1982 concerning notification of change of address by notaries.

(c) Order dated 21st October 1985 concerning fees for the issue of notarial faculties (so far as it concerns faculties for practice within England and Wales).

(d) Order dated 17th February 1989 concerning fees for the issue or registration of practising certificates.

(e) The Notaries Practice Rules 1989 (subject to the variation therein effected by Rule 4).

(f) The Notaries Accounts Rules 1989.

(g) The Notaries Trust Accounts Rules 1989.

(h) The Notaries Accounts (Deposit Interest) Rules 1989.

Citation of ratified Orders and Rules

6. The Orders and Rules mentioned against the following paragraph letters in Rule 5 may be cited by the short titles given against those letters in this Rule:

(a) The Notarial Contingency Fund Rules 1981.

(b) The Notaries (Notification of Address) Rules 1982.

(c) The Notarial Faculties (Fees) Order 1985.

(d) The Notaries (Practising Certificate Fees) Order 1989.

Exclusion of Ecclesiastical Notaries from scope of Rules

7. The following Rules shall not apply to ecclesiastical notaries in respect of their practice as such:

(a) The Notarial Contingency Fund Rules 1981.

(b) The Notaries Practice Rules 1989.

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