When a financial institution or government agency requests a copy of your notarial deed, the question almost always arises: is the original required, or will a certified copy do? And where, exactly, is that "original" kept? The distinction between these two concepts is less complex than it may seem, but it is worth understanding clearly to avoid unnecessary delays in your dealings.
The Original Deed: What the Notary Keeps in the Greffe
When a deed is received by a notary — whether it is a deed of sale for immovable property, a will, a protection mandate, or a power of attorney — the copy signed by all parties and by the notary serves as what is known as the minute. This document is the original deed.
Under Quebec law, the notary is required to keep this minute in the greffe permanently. This means that the original deed never leaves the notary's custody and is never handed back to clients. It remains under the care of the notary, who serves as its legal custodian.
This preservation mechanism is not a mere administrative formality: it guarantees the integrity and longevity of the document over time. If a notary ceases to practise, the greffe is transferred to another notary or to the Chambre des notaires du Québec, ensuring continued access to the deeds.
Why Does the Client Not Receive the Original?
This is often where the confusion begins. At signing, the parties receive a document — but it is not the minute. It is already a copy: a certified true copy, issued immediately by the notary following the signing.
The Certified True Copy: The Document You Use Day to Day
A certified copy is a document produced by the notary that faithfully reproduces the content of the minute. The notary attests, by signature and professional seal, that the copy is consistent with the original deed kept in the greffe.
This document carries legal weight with third parties. It may be presented to a bank, a government agency, a court, or in the context of an estate, and will be recognized as proof of the deed's content.
In What Situations Is One Required?
Requests for certified copies arise in a number of common circumstances:
- During a real estate transaction: a financial institution may require a copy of the hypothec deed or deed of sale for its financing file.
- In the context of an estate: the heirs or the liquidator may need a copy of the will or a deed of gift in order to file a declaration or settle an estate.
- For administrative purposes: certain public registries, agencies, or authorities request a certified copy of a power of attorney, a marriage deed, or another notarial deed.
- In the event of loss: if the copy provided at signing has been misplaced, a new one can be obtained from the notary who holds the minute.
How to Obtain a Certified Copy at Groupe Synergie Notaires
The process is straightforward. If the deed was received by Groupe Synergie Notaires, simply contact the firm to make the request. The team will verify that the minute is available in the greffe, prepare the certified copy, and provide it to the requesting party within the agreed timeframe.
If the deed was received by another notary — for example, a former family notary or a notary from another city — the request must be directed to that notary's greffe directly or, if the firm no longer exists, to the Chambre des notaires du Québec, which manages the archives of closed greffes.
In all cases, it is helpful to specify the nature of the deed, the approximate date it was signed, and the names of the parties involved, in order to expedite the search.
What to Expect When Making a Request
A certified copy is an official document. It bears the notary's signature and professional seal. It can be produced in paper format. Me Petrulian will be happy to explain the details during your consultation should your situation raise particular questions, especially when a deed is older or when multiple copies have already been issued in the past.
Contact Groupe Synergie Notaires
To obtain a certified copy of a notarial deed or for any questions regarding your documents, the team at Groupe Synergie Notaires is available to guide you. Contact the firm at (514) 399-1009 or at info@gsnotaires.com. The firm is located at 67 boulevard Samson in Laval (Sainte-Dorothée), and serves residents throughout the greater Montréal area.
Frequently Asked Questions
Can I Have the Original Deed Signed Before a Notary?
No. The original deed, known as the minute, is kept permanently in the notary's greffe in accordance with Quebec law. What you receive at signing is a certified true copy.
How Long Does It Take to Obtain a Certified Copy from a Notary?
The timeframe varies depending on the firm and the complexity of the request, but the process is generally quick when the deed can be readily located in the greffe. It is advisable to contact the notary directly to find out the applicable timeframe for your situation.
What Should I Do If the Notary Who Drafted My Deed Is No Longer Practising?
If the notary has ceased to practise, the greffe has been transferred to another notary or to the Chambre des notaires du Québec, which retains the archives and can assist you in obtaining a copy of your deed.
The content of this article is provided for informational purposes only and does not constitute legal advice. As every situation is unique, it is recommended that you consult a qualified professional to obtain advice tailored to your particular circumstances.
This text is provided for informational purposes only and does not constitute legal advice. As each situation is unique, it is recommended that you consult a professional to obtain advice tailored to your particular situation.