Bill 232 (Legislature 21, Session 3)

L21 S3 3011

Alberta — Bills

1988 BILL 232 Third Session, 21st Legislature, 37 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 232

AN ACT TO AMEND THE GUARANTEES ACKNOWLEDGMENT ACT MR. NELSON Firs t Reading Second Reading Committee of the Whole Third Reading Royal Assent Title: 1988 (21st, 3rd) Bill 232,

An Act to Amend the Guarantees Acknowledgment Act

Bill 232 Mr. Nelson BILL 232 1988

AN ACT TO AMEND THE GUARANTEES ACKNOLWEDGMENT ACT (Assented to , 1988) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1 The Guarantees Acknowledgment Act is amended by this Act. 2

Section 1(

b) is repealed and the following is substituted: (b) "lawyer" means, (

i) with reference to an acknowledgment made in Alberta, an active member of The Law Society of Alberta, and (ii) with reference to an acknowledgment made in a jurisdiction outside Alberta, a person licensed to practise law in that jurisdiction. 3

Section 3 is amended (

a) by repealing clause (

a) and substituting: (

a) appears before a lawyer who is not acting for the person to whom the obligation is to be incurred, (

b) in clauses (

b) and (

c) by striking out "notary public" and substituting "lawyer" wherever it occurs. 1

Explanatory Notes 1 This Bill will amend

chapter G-12 of the Revised Statutes of Alberta 1980. 2

Section 1(

b) presently reads as follows: (b) "notary public" means, (

i) with reference to an acknowledgment made in Alberta, a notary public in and for Alberta, and (ii) with reference to an acknowledgment made in a jurisdiction outside Alberta, a notary public in and for that jurisdiction. 3

Section 3 presently reads as follows: 3 No guarantee has any effect unless the person entering into the obligation (

a) appears before a notary public, (

b) acknowledges to the notary public that he executed the guarantee, and (

c) in the presence of the notary public signs a statement at the foot of the certificate of the notary public in the prescribed form. 1

Section 4(1) is repealed and the following is substituted:

(1) The lawyer, after being satisfied by examination of the person entering into the obligation that he fully understands the contents of the guarantee and his obligations under it, shall issue a certificate in the prescribed form. 5

Section 6 is repealed and the following is substituted: 6 The fee payable to a lawyer for the issue of a certificate under this Act and all incidental services shall not exceed $50. 6 This Act comes into force on Proclamation. 2

Section 4(1) presently reads as follows:

(1) The notary public, after being satisfied by examination of the person entering into the obligation that he is aware of the contents of the guarantee and understands it, shall issue a certificate under his hand and seal of office in the prescribed form. 5

Section 6 presently reads as follows: 6 The fee payable to a notary public for the issue of a certificate under this Act and all incidental services must not exceed $5. 6 Coming into force. 2 Title: 1988 (21st, 3rd) Bill 232,

An Act to Amend the Guarantees Acknowledgment Act

Document details

Collection	Alberta — Bills
Citation	L21 S3 3011
Type	bill
Volume / chapter	L21 S3 3011
Language	en
Format	json
Source	PROVINCIAL
Identifier	4c41532c485851a80b86606d30345d2f6f3e9839

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