Frequently Asked Questions

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Difference between Notary Public and Commissioner for Oath ?

A Notary Public has all the powers of a Commissioner for Oaths, however a Commissioner for Oaths doesn’t have all the powers of a Notary Public. For example, only a Notary can make certified true copy of a document or certify the execution of a document. Also, the documents intended to be used outside of the province must be attested to verify their authenticity by a Notary Public rather than Commissioner for Oaths. For example, Alberta land titles office will not accept an affidavit of execution that is sworn in British Colombia or any province other than Alberta if the document is commissioned rather than notarized. 

On top of this neither a Notary Public or Commissioner for Oaths are authorized to give Independent Legal Advice  ILA). Legal Advice can only be given by a Lawyer.

Why do I need a lawyer to sign Personal Guarantee?

A personal Guarantee is a legal promise made by an individual to repay credit issued to their business using their own personal assets in the event that the business is unable to pay the debt. Under a personal Guarantee a creditor has a legal claim to the personal assets of the guarantor. This can include checking or saving accounts, cars, real estates or other assets. 

Personal Guarantees require that the person acknowledging a personal guarantee understands the nature of the document they are signing. Under Guarantee Acknowledge Act ,  no guarantee is enforceable unless signed before a lawyer.   By personally guaranteeing something, a person is creating a personal legal obligation that can have severe consequences. Only a lawyer can give legal advice to a person and can explain in detail the full ramifications of the personal guarantee. 

After providing legal advice, if a client is satisfied and wants to proceed further then the lawyer issues a signed “The Guarantee Acknowledgement Certificate” stating that they have examined a person giving a personal guarantee and the lawyer is satisfied that the person understands the contents of personal guarantee. The guarantee may not be effective without this GAA Certificate. The following could be certain situations where people need guarantee certificates.

-Student loans

-Rental or lease agreements

-Corporate loans

-Small business loans

-business line of credit

Why do I need a lawyer for notarizing “Domestic Contracts?

For all domestic issue’s parties want to limit their financial liabilities by hiring simple Notaries. There are many instances where due to the lack of awareness people suffer the cost of disputes, unnecessary delays in progressing their documents and a constant mental torture. This happens for a few reasons. Sometimes, people don’t understand the nature of a document that they want to bring in for a stamp. Other times, people think that they can save some money by hiring a Notary Public.  Some areas where we do need the services of a lawyer are as follows;

-Certificates of independent legal advice

-Separation agreements

-Out of province transfer of property

-Cohabitation and pre-nuptial agreement

These services cost more than a Notary because there is a lot more work and liability involved.