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ARTICLE · 29 APRIL 2015

Amendment To The Guarantees Acknowledgment Act (Alberta)

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The Notaries and Commissioners Act will come into force on April 30, 2015.

CanadaFinance and Banking
Maria Doerksen
Maria Doerksen
Edward Wooldridge
Edward Wooldridge
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Proclamation of Notaries and Commissioners Act (Alberta)

The Notaries and Commissioners Act (the "NCA") will come into force on April 30, 2015.  It repeals the Commissioners for Oaths Act and the Notaries Public Act and enforces consequential amendments to the Guarantees Acknowledgment Act (the "GAA").

Current Requirements of the GAA

Currently, the GAA requires that a personal guarantor must appear before a notary public, acknowledge the execution of the guarantee, and sign a Certificate of Notary Public (as set out in the Regulations to the GAA) (a "Certificate") in the presence of a notary public, with the notary public having to apply his or her notary seal.

The Alberta Courts have enforced strict compliance to the GAA, stating that deviating from the provisions of the GAA will render the guarantee invalid and unenforceable against the personal guarantor.

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