International business occurs in many different formats. The movement of goods from country to another (exporting, importing, trade), contractual agreements that allow foreign firms to use products, services and processes from other nations (licensing, franchising), and the formation and operations of sales, manufacturing, research and development, and distribution facilities in foreign markets. The duty of a Cameroon notary public in foreign and international business is very necessary as it provides greater confidence in cross-border business transactions.
With the growth of international business and the advancement of digitalization, there is an influx to 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 THE CAMEROON NOTARY IN INTERNATIONAL BUSINESS
The duties of a notary public in foreign and international business is centred 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 of oaths for use internationally
ROLE OF THE CAMEROON NOTARY IN AUTHENTICATION AND CERTIFICATION
Authenticating signatures and capacity: A Cameroon notary verifies that the person signing a document is who they claim to be and has the legal capacity to do so.
Official seal: The Cameroon notary apply their official seal to documents, which is a universally recognized mark of authenticity that foreign countries trust.
Company documents: Cameroon Notaries authenticate company documents, certify the identity of directors, and provide certificates about a company's status, which is crucial for international contracts, banking, and establishing subsidiaries in Cameroon and abroad.
ADVISORY ROLE OF THE CAMEROON NOTARY IN THE PREPARATION OF DOCUMENTS
Powers of attorney: They prepare and authenticate powers of attorney for use overseas, ensuring they are valid in both Cameroon and the foreign jurisdiction.
International wills and estates: A Cameroon notary can authenticate foreign wills and prepare documents for administering estates of people who owned property abroad.
Personal and immigration documents: The Cameroon notary can authenticate documents required for immigration, emigration, or marriage abroad, such as proof of identity, education certificates, or professional qualifications.
ROLE OF THE CAMEROON NOTARY IN THE FACILITATION OF TRANSACTIONS
Cross-border transactions: They can help with international property purchases or leases by authenticating and certifying the necessary documents.
Compliance with foreign regulations: Cameroon Notaries ensure that your documents meet the legal and regulatory requirements of the foreign country, helping transactions proceed smoothly.
Preventing legal issues: By having documents notarized, businesses can avoid issues like rejection or non-acceptance in a foreign country, saving time and potential legal headaches.
DISINTEREST VERUS 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.