A notary (notaris) in Aruba has a practice of law. A notary is appointed by National Decree signed by the Governor of Aruba as the representative of the Queen of the Netherlands. By law there are limited posts available. The notary is charged with balancing the interests of all parties in a legal matter. The notary is bound to professional secrecy. The notary is a legal expert in the fields of corporate law, property law, family law and the law of succession. The notary is also familiar with fiscal legislation and fiscal case law. The notary doesn't engage in litigation. The notary is in charge with the registration and creation of certain essential documents. The law makes the notarial deed compulsory for a number of agreements and legal transactions, such as:
- conveyance of
real estate located in Aruba
- the creation and discharge of
mortgages
- the incorporation, amendments of
companies
- the creations and altering the
articles of foundations or associations
- making or altering last wills and
testaments
- making or altering prenuptial
agreements or marriage settlements
- making of gifts and transfers