Notary World March 2020

President's Statement

It is with great pleasure that I was elected as President of CLAN in March 2020.  Leo Mangan has done a tremendous job as President during the past 2 years and he was fully committed to the role.

This is the first issue of Notary World under my watch and we are hoping to publish at least 3 issues per annum.  The publication will be issued to the secretariats in Ireland, England and Wales, Canada, Australia and New Zealand and I am hoping that Notary World will find its way to many other countries in due course.

Being in New Zealand which is nearly at the bottom of the world is no disadvantage, especially under Covid-19.  As you will probably be aware, New Zealand went into complete lockdown on 26 March for nearly 5 weeks and we still have massive restrictions in relation to “the good old days”.  The world has changed and Notaries have to adapt to these changing times.  In New Zealand we have been performing Notarial services remotely as we cannot see people face to face.  Once we can, we will go back to normal Notarial practice.
If you have any ideas for future issues of Notary World or wish to communicate with me, my e‑mail address is [email protected].  In this issue you will find a contribution by Leo Mangan who mentions the composition of the board of CLAN.
Keep well and keep safe.

Stewart Germann
March 2020

Implementation of Remote Notarisation Process for New Zealand Notaries

By Julie Hutton, Notary Public, Christchurch, New Zealand

On 26 March 2020, New Zealand notaries awoke to “level four lockdown”, being the most extreme of the COVID-19 Alert Levels. At level four, only defined “essential services” were permitted to operate in face-to-face-contact situations. Notaries did not fall within that category. read more

The Electronic Notary in New Zealand 2020

By Don Thomas, Notary Public, Auckland, New Zealand

Having established the ability to digitally “sign and seal” documents as a Notary in late August 2014 this is my experience in the use of this facility to date.  read more

Matrimonial Property Regimes

By Andrew M Johnson B.A, F.I.C.L, (Dip. Med), Notary Public, Canterbury, England, Spanish Law Practitioner and Immediate Past President of the Notaries Society of England and Wales.

The manner in which matrimonial property is held is an important consideration when dealing with the execution of instruments in a cross-border situation. Matrimonial Property Regimes (MPRs) are of fundamental importance not only in Civil Law jurisdictions but also in some Common Law jurisdictions with Civil Law historical connections. Notaries practicing in a Common Law setting should have an awareness of how such “regimes” may affect a party’s right to execute a mandate or a transfer instrument in respect of overseas property. read more

Annual General Meeting of CLAN

By Leo Mangan, Notary Public, Dublin, Ireland

Our AGM, planned for Dublin on 21st March 2020, took place by teleconference on 24th March.  Due to Covid-19 restrictions a physical meeting did not take place.  The online meeting was chaired by Leo Mangan, Ireland, President, and attended by Stewart Germann, New Zealand, Ken Sherk, British Columbia, Anthony Northey, England and Wales, Justin McKenna, Ireland and Brian O’Brien, Ireland.

The minutes of the previous AGM held 22nd March 2019 were approved as were the accounts.  Company accounts and finances were approved and it was confirmed that all necessary documents have been filed in the Companies Office.  A budget will now be drafted for approval by directors.
Future plans for CLAN’s online magazine “Notary World” were discussed.  Articles from notaries, whether members or not, are welcome for consideration.  It was confirmed that “Notary World” will continue to be available, free of charge, either sent by CLAN to Notariats for distribution online to their members or to individual notaries who request joining the online email list.  Information available on or from any director.

The board welcomes suitable Notariats joining as members and also individual notaries who wish to become individual associate members.  It was decided that a strategy for extending membership will be drawn up.

Future conferences were discussed.  Representatives of CLAN will attend the next ANZCN conference and CLAN may have a conference a year later.

Board changes.  Leo Mangan, Ireland, retired as President following his two-year term and will continue as a board member.  Stewart Germann, New Zealand, proposed by Leo Mangan and seconded by former President Ken Sherk, British Columbia was elected as incoming President.  Justin McKenna, Ireland, who had done sterling work launching “Notary World” retired and was replaced as an Irish director by Brian O’Brien.

It was decided that the next board meeting will take place in September 2020, details to be finalised.

When Notarial Practice in Ireland caught up with the 21st Century

By Bill Holohan, Notary Public Senior Partner of Holohan Lane LLP, Cork, Ireland, who describes himself as a: “60-year-old husband of one, father of three and employer of a few more, who happens to be an Irish Solicitor, Notary Public and author of several books”.

The unfolding of a maritime disaster read more

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