Notary/Notaire Counsel of the Kingdom of Cambodia
 

 


Untitled Document

DIFFERENCE BETWEEN
THE NOTARY AND LAWYERS

DUTY AND OBLIGATION OF THE NOTARY

 

In accordance with Sub-Decree No.505 /GnRk/tt
the duty and obligation of the Notary are as follows:

Article 2: The Notary is a Public Officer having received the public authority in accordance with this Sub-Decree.

Article 3: The Notary has been granted the authority for general competence in regard to family, movable and immovable property as follows:

"A)-shall be responsible for legally receiving, drafting, certifying, notarizing, legalizing and authenticating both private and official documents in matters pertaining to any contracts or agreements in accordance with the laws;

B)-shall be responsible for legally certifying the date, issuing an original and duplicating all documents, keeping records of all agreements or contracts and documents according to the profession;

C-shall examine, read the whole document to the parties and let them sign in his presence, and then the Notary Counsel finally signs and seals it".

DUTY AND OBLIGATION OF THE LAWYERS

In accordance with the law on the Bar, the duty and obligation of the lawyers are as follows:

"Article 1. The legal profession is an independent and autonomous profession involved in serving justice and may only be pursued from within the framework of the Bar Association.

Article 2. The lawyer may represent clients with agreement from the clients or defend clients in ad judicatory bodies and in all stages of judicial proceedings unless otherwise provided by law, especially in Civil, Commercial, Administrative, Labor, and Social Action cases. In Criminal cases, the lawyer can defend the accused but cannot represent (stand in for) the accused in court, other than by special provision of the law. The lawyer may represent defendants or plaintiffs in civil actions".

Consequently, in accordance with the law mentioned above, the duty and obligation of the Notary is quite different from the duty and obligation of the lawyers. Therefore, the lawyers cannot perform the duty and obligation of the Notary based on the law. Additionally, the Notary/Notaire is fully responsible and makes full compensation if any transactions performed by the Notary are turned out to be invalid. On the contrary, all documents, agreements or contracts certified or performed by the lawyers are not guaranteed and have no compensation.

Civil-law Notary:#205, Norodom Blvd.,
Chamcarmon, Phnom Penh,
Tel: 012-807-005


Copyright 2012 Notary/Notaire Counsel of the Kingdom of Cambodia