FUNCTION OF A NOTARY PUBLIC IN CAMEROON

1. Estate: A Notary public play a central role when it comes to the purchase, sale, or lease of a property in Cameroon. They play a central role depending on who they represent be it the buyer, the seller, the mortgagor, or the mortgagee. This is because they advise clients in real estate-related transactions, examine deeds and other ownership documents, draw up transaction documents, verify from witnesses and authorities concerned and inform clients of the best options available. Notary public usually also handles the exchange of money in real estate transactions.
2. Deeds: A Notary public is authorized to bear witness to a deed he draws up. As such it carries a particular legal force, statements made in a notarial deed such as that the document has been read to the parties or that a person has made or signed a declaration in his presence. Statements carried in a deed provide full evidence unless falsification has been proved.
3. Financial transactions: A Notary for financial services is a professional who can provide a number of important services related to finances. Notaries can help in the preparation of financial documents, the administration of oaths, and the witnessing of signatures. They can also provide guidance on financial matters and also help resolve disputes.
4. Power of Attorney: A Power of Attorney needs to be signed before a licensed notary public in Cameroon in order to be legally binding. The notary public is a representative of the government in Cameroon and their job is to verify the identity of the signer, ensure they are signing of their own free will, and witness the signing.
5. Foreign and International Business: The role of a notary public in Cameroon as regards international business includes: attestation of documents and certification of their due execution for use internationally. Preparation and certification of Wills, deeds, contracts, and other legal documents for use internationally.
6. Affidavits: The notary public in Cameroon is there to ensure the validity of the signature and guarantee that the signature was applied voluntarily and without coercion. Once the affiant acknowledges signing the document for its intended purpose and signs the affidavit, the document is notarized and becomes a sworn affidavit.

ELEMENTS OF AN AFFIDAVIT OF SPONSORSHIP IN CAMEROON

An affidavit of sponsorship in Cameroon is to contain certain elements in order to pass the validity test. These elements include;

1. The personal details of the sponsor such as the name, occupation, address, etc.
2. The relationship between the sponsor and the applicant.
3. The reasons for the sponsor
4. The expenses to be covered by the funds
5. The proof of availability of the funds
6. The availability of income-generating assets.

Upon the provision of the above information, some documents must be furnished to support the affidavit of sponsorship in Cameroon. They are as follows;

1. Personal identification documents of the sponsor.
2. Personal identification document of the applicant.
3. Bank statement of the sponsor.
4. Admission letter of the applicant.
5. Copy of property documents of the sponsor.
6. Company registration documents/tax card of the sponsor.

Conclusion

Only Notary Public is authorized by law to notarize and affidavit of sponsorship in Cameroon. As such, clients should seek the services of a duly sworn Notary Public in Cameroon.

Is authentication by a Notary Public in Cameroon Necessary?

Authentication of documents by a Notary public in Cameroon is necessary for the following documents;

• Personal documents for marriage, adoption, succession, or immigration
• Corporate, commercial, or business documents,
• Documents for the purpose of purchasing or selling land overseas,
• Preparing and authenticating Power of Attorney,
• Verifying original documents (usually identification documents), and certifying true and complete copies of them,
• Witnessing signatures,
• Administering oaths,
• Taking affirmations and declarations,
• Legalizing documents.

What is the duty of a notary public in Cameroon when authenticating documents?

The notary has the duty when authenticating documents in Cameroon to engage the following;

• Verify the format of the document
• Verify the authorizing officer who signed the document
• Verify the seal used on the document
• Verify that the information contained in the document is regular.

Authentication of documents is not required in every case. Some institutions and universities do not require documents to be authenticated before they are considered eligible while others do.

The duty of a notary public in real estate transactions in Cameroon is aimed at regularizing, certifying, and verifying the documents involved and exchanged between the parties.

The seal of the notary public in Cameroon in real estate transactions usually serves as the final confirmation that a transaction is regular according to the law.

Duty of a Notary Public in Real Estate transactions in Cameroon

The duty of a notary public in real estate transactions in Cameroon are as follows;

1. Confirm the Capacity of the Parties: it is the duty of a notary public in real estate transactions in Cameroon to ascertain that the parties to a real estate transaction indeed have the capacity to engage in those transactions or are duly represented.
2. Due Diligence on the property: it is the duty of a notary public in real estate transactions in Cameroon to ensure that the property exists and belongs to the seller or mortgagor.
3. Verify the authenticity of documents: it is the duty of a notary public in real estate transactions in Cameroon to verify the authenticity of the documents which cover the property subject to a sale or mortgage.
4. Confirm the willingness of parties to do business: it is the duty of a notary public in real estate transactions in Cameroon to ensure that the parties in the transaction are willing to do business. Hence no party is coerced into the transaction.
5. Confirm and witness the signature of the parties: It is the duty of the notary public to confirm and witness the signing of the parties to the transaction. The signing is usually executed before the notary’s office.
6. Certify the transaction: the notary public certifies a real estate transaction through his signature and seal. If the notary is not certain of the regularity of the transaction, he cannot endorse his signature and seal on the document. If he does so, he will be liable for any disputes which emanate from the transaction.

A deed is however not a title but the mechanism through which a title of ownership on a property is transferred.

The duty of a notary public in establishing a deed in Cameroon is pivotal for the various types of deeds;

• A deed of conveyance: This is a contract in which the seller transfers all rights to the legal owner. The purchase of a property is not complete without a valid conveyance deed.
• A grant deed: Also known as a special warranty deed or a limited warranty deed only warrants the period under which the seller owned the property. If the buyer faced a title claim from someone who had a lien on the property under an earlier owner, the buyer would have to handle the matter on their own and would have no recourse against the seller.
• A warranty deed: A general warranty deed is the most common type of deed used to transfer fee simple ownership of a property. It does confirm a grantor’s ownership and a legal right to sell. It also offers a covenant against encumbrances (no tax liens or easements that can be claimed by neighbors), the covenant of quiet enjoyment (assurance of good title that is superior to anyone else’s title claims), the covenant of further assurance (stating that the seller will take whatever steps are needed to clear title if needed), the covenant of warranty forever (assuring that these assurances will endure for as long as the homeowner owns the property). Most crucially, it offers a covenant of seisin, which means it guarantees that the full title is being transferred from grantor to grantee.
• A quitclaim deed: Sometimes called quick claim deeds are often used to transfer property among family members to move property into living trusts and to remedy title errors. Such deeds do not verify a grantor’s ownership of the property. Quitclaim deeds do not guarantee there are no title defects such as tax liens or easements.
• Deed of Trust: This type of deed is used in home loans and is signed by three parties, the lender (beneficiary), the borrower (trustor), and the third party (trustee). During the course of the loan, the trustor transfers the title of the property to the trustee and the trustee holds the title until the trustor has fully paid off their lender.
• Mortgage Deed: A mortgage deed functions like a deed of trust with one key difference. This type of deed features only two parties, a lender and a borrower. The title in the property is split evenly between the lender and the borrower until the mortgage is paid in full.
• Bargain and Sale Deed: This type of deed accompanies homes sold at foreclosure. This type of deed transfers title to the new owner, but it does not warrant against encumbrances. Homeowners who purchase a foreclosed home with a bargain and sale deed may encounter tax liens, problematic easements or third-party claims to the title. To minimize risks that come with a bargain and sale deed, some buyers perform a title search, purchase title insurance and contract a real estate attorney before purchasing a foreclosed home.

Duty of the Notary Public

1. The capacity of the Parties: it is the duty of the notary public in Cameroon to ensure that parties to a deed actually have the capacity to engage in such transactions covered by the deed, or they are properly represented.
2. Due diligence on property: it is the duty of the notary public in Cameroon to ensure that the property indeed exists and that it belongs to the person intending to sell the same to the buyer. Once that link between the property and the seller is not established, the notary public in Cameroon will not establish the deed.
3. Due diligence on documents: it is the duty of the notary public in Cameroon to ensure that the property has genuine documents as to its ownership and existence.
4. Witness the signing of Parties: the notary public in Cameroon has a duty to witness the signing of the parties to a deed transaction. This is to ensure that neither party is coerced into signing the document. Hence all the parties to the deed are to sign out of their free will.
5. Certify the transaction with the seal: the seal of the notary public appears to be the last bus stop when it comes to authenticating the transaction. Hence he must ensure the regularity of the entire document before endorsing his signature and seal on the deed.

With the growth of international business and the advancement of digitalization, there is an influx of documents being exchanged on the international business stage between parties to a business transaction. The regularity of these documents alongside the advent of online scammers has rendered the services of a notary public ever more demanding.

Duties of a Notary Public

The duties of a notary public in foreign and international business is centered on the following aspects;

• Attestation of documents to be used internationally
• Certification of the due execution of documents to be used internationally
• Preparation and certification of power of attorney, wills, deeds, contracts, and other legal documents for use internationally.
• Administering oaths for use internationally

Disinterest versus Fiduciary Duty

A notary public in Cameroon serves as a disinterested party when drafting a Power of Attorney document. This means that he/she does not play an active role in the legal or personal affairs of parties who utilize his/her services.

An attorney who drafts a Power of Attorney and an agent who executes the power of attorney each form a fiduciary relationship with the principal that is both parties must act in the best interest of the principal in executing their duties.

Certifying versus Drafting

Drafting of documents such as a power of attorney is one of the tasks assigned to a licensed attorney. Attorneys use their legal education and experience in the areas of law that they practice to ensure that the documents they draft are legally valid.

In witnessing the signature of a document, a notary is only responsible for determining the authenticity of the signature rather than the validity of the document or its content whilst in drafting a document such as a power of attorney, the attorney is responsible for ensuring that the contents of the document uphold the interests of the client as much as possible.

Prohibitions and Limitations

As a disinterested party, a notary is prohibited by law from being a party to a deposition he/she certifies or for any document whose signature he/she witnesses.

A notary is also prohibited from witnessing or certifying documents, including powers of attorney, in which she is either the principal or the agent.

Affidavits have to be notarized to be approved in court or by government agencies such as an affidavit of sponsorship since notarization is aimed at corroborating that the affiant:

• Was aware of the contents in the document
• Signed the document in the presence of a notary public
• Signed the document of their own free will.

The information in an affidavit must either be based on the belief and information or knowledge of the affiant.

If you create an affidavit in Cameroon on belief and information, you need to mention where you got the data and why you consider it valid.

Notarization of an affidavit in Cameroon is a formal way to deter fraud by guaranteeing that the parties of a particular transaction have an authentic document and can be reliable.

Types of Affidavits in Cameroon

1. Court affidavits: Although a court trial usually involves witnesses appearing in court to give oral testimony, there may be situations in a legal proceeding where affidavits are used such as in support of written motions or when a witness is not available to appear in court.
2. Affidavit of Power of Attorney: A power of attorney is a legal document signed by one person known as the principal that gives another person, the agent, the authority to act on the principal’s behalf. However this authority ends if the principal dies or revokes the power of attorney. Before a third party acts in reliance on a POA, the agent may be required to sign an affidavit stating that the power of attorney is currently in effect and that the principal has not died or revoked the POA.
3. Affidavits of sponsorship: An Affidavit of sponsorship in Cameroon is a written or typed declaration or statement of facts, made voluntarily and confirmed by oath or affirmation of the sponsor taken before an officer having authority to administer such oath.
4. Lost document affidavit: if a critical document is lost or destroyed, it can often be established again with an affidavit. Such as you can re-establish a promissory note if it gets destroyed or lost by implementing an affidavit of indemnity agreement and a lost promissory notice. This allows the other party to depend on your assurance that you will reimburse them in the event of economic losses.
5. Identity theft affidavit: if an individual has been an identity theft victim, they might need to provide an affidavit to certify the theft to credit bureaus, creditors, and banks.
6. Financial affidavit: Financial affidavits verify specific financial information concerning the affiant such as in divorce cases where both parties have to verify their debts, expenses, income, and assets. These affidavits are also used in connection with various financial transactions and estate planning like loan applications.
7. Self–proving will affidavit: This is when the signature of a person making a Will is notarized. Generally, a will requires at least two witnesses to the maker’s signature. Conventionally, when the maker passed away, it was essential to have the witnesses appear in court to make the will legal. However, this is deemed valid automatically without the witnesses’ testimony with the affidavit of a self-proving will.

Duty of a notary public

1. Ensure to get accurate information on the affiant.
2. Ensure that facts deposed are not conspicuous in nature.
3. Ensure that information relied on is backed by credible exhibits.
4. Ensure that the affiant is not coerced into giving his facts.
5. Ensure that exhibits are annexed in chronological order in line with the facts deposed.
6. Ensure that the format of an affidavit is respected as per the order of presentation.

Types of Power of Attorney

There are 6 types of power of attorney which are all subject to the drafting duty of a notary public in Cameroon. They are as follows;

• Durable Power of Attorney: This type of Power of Attorney means the agent’s authority to act on behalf of the donor continues even after the donor becomes incapacitated.
• Non-durable Power of Attorney: This type of Power of Attorney is to the effect that the agent’s power to act ends if the donor becomes incapacitated.
• Springing Power of Attorney: This power of attorney means it becomes effective immediately and the agent can start exercising the powers granted him/her right away.
• General Power of Attorney: According to this type of Power of Attorney, the agent is authorized to act in all situations as long as they are in accordance with the local laws.
• Financial Power of Attorney: This type of power of attorney is considered a special type of limited power of attorney in Cameroon because it gives the agent the authority to act on behalf of the donor in financial-related matters.
• Medical Power of Attorney: This type of power of attorney is also called healthcare Power of Attorney. It is another type of limited Power of Attorney which empowers the agent to make healthcare decisions on behalf of the donor.

Notarizing a Power of Attorney

A power of attorney in Cameroon needs to be signed in front of a licensed notary public in Cameroon in order to be legally binding. The duty of the notary public in drafting a power of attorney in Cameroon can be illustrated in the following aspects;

• Verify the identity of the donor/signer,
• Ensure they are signing of their own free will,
• Witness the signing.

The notary public is a representative of the state government when it concerns notarizing a power of attorney in Cameroon.

Disinterest versus Fiduciary Duty

A notary public in Cameroon serves as a disinterested party when drafting a Power of Attorney document. This means that he/she does not play an active role in the legal or personal affairs of parties who utilize his/her services.

An attorney who drafts a Power of Attorney and an agent who executes the power of attorney each form a fiduciary relationship with the principal that is both parties must act in the best interest of the principal in executing their duties.

Certifying versus Drafting

Drafting of documents such as a power of attorney is one of the tasks assigned to a licensed attorney. Attorneys use their legal education and experience in the areas of law that they practice to ensure that the documents they draft are legally valid.

In witnessing the signature of a document, a notary is only responsible for determining the authenticity of the signature rather than the validity of the document or its content whilst in drafting a document such as a power of attorney, the attorney is responsible for ensuring that the contents of the document uphold the interests of the client as much as possible.

Prohibitions and Limitations

As a disinterested party, a notary is prohibited by law from being a party to a deposition he/she certifies or for any document whose signature he/she witnesses.

A notary is also prohibited from witnessing or certifying documents, including powers of attorney, in which she is either the principal or the agent.