Examen d'aptitude aux fonctions de notaire (Madagascar)

Under Loi n° 2007-026 du 12 décembre 2007 portant statut du notariat à Madagascar, what is the statutory definition of an acte authentique?

• AAn instrument drawn up with requisite legal solemnities by a public officer authorized to…
• BAny written contract signed by two contracting parties and countersigned by a sworn attor…
• CA private agreement registered with the tax authorities within thirty days of execution
• DAny document certified by the mayor of an urban or rural commune in Madagascar

In Malagasy notarial practice, what distinguishes an acte en minute from an acte en brevet?

• AAn acte en minute requires judicial homologation before taking effect, whereas an acte en…
• BAn acte en minute must be retained permanently in the notary's study, whereas an acte en…
• CAn acte en minute is executed exclusively in the Malagasy language, while an acte en brev…
• DAn acte en minute does not require the notary's signature, whereas an acte en brevet must…

Which of the following legal instruments may lawfully be received en brevet by a notary under Malagasy notarial practice?

• AA conveyance deed for registered real property (vente d'immeuble immatriculé)
• BA conventional mortgage deed (acte d'affectation hypothécaire)
• CA simple power of attorney (procuration sous forme authentique) or life certificate (cert…
• DA partition deed of an estate containing real property (acte de partage successoral)

Under Loi n° 2007-026, which mandatory mentions concerning the officiating notary must appear in the instrumenting clause of an authentic deed?

• AThe notary's private home address and personal tax identification number
• BThe notary's law school graduation year and bar admission date
• CThe notary's political party affiliation and military service registration
• DThe notary's full legal name, professional title, and the designated territorial seat of…

What statutory rule governs the language used for drafting authentic deeds by notaries in Madagascar?

• ADeeds are drafted in French or Malagasy, and the notary must ensure comprehension by tran…
• BDeeds must be drafted exclusively in Malagasy under pain of absolute nullity
• CDeeds must be drafted exclusively in French, with Malagasy used only for verbal remarks
• DDeeds must be drawn up in bilingual parallel columns in all circumstances

What is a copie exécutoire (formerly termed a 'grosse') in Malagasy notarial practice?

• AA preliminary draft of a deed prepared by a trainee notary before submission to the princ…
• BAn authentic copy of the minute bearing the statutory executory formula of the Republic o…
• CA certified copy intended solely for submission to the public archives for historical pre…
• DAn uncertified photocopy retained by the client for personal record-keeping

Under Loi n° 2007-026, what formal rule governs how dates, financial sums, and essential quantities must be written in the text of an authentic deed?

• ADates and amounts must be written exclusively in Arabic numerals to conserve paper
• BAmounts may be left blank at execution and filled in with numerals after tax computation
• CDates and financial amounts must be written out in full words in the body of the deed, wi…
• DFinancial figures may only be stated in foreign currency without Malagasy Ariary equivale…

When an appearing party to an authentic deed is illiterate or physically incapable of signing, what formality does Loi n° 2007-026 require?

• AThe notary may sign on behalf of the illiterate party without mentioning the physical imp…
• BThe illiterate party's child may sign the deed without a written power of attorney
• CThe deed is automatically null and void because all parties must affix a written signature
• DThe notary must explicitly state the party's inability to sign and its cause, and the dee…

How must marginal notes (renvois en marge), additions, and strikeouts (mots rayés nuls) be executed in a Malagasy authentic deed?

• AMarginal notes must be initialed by the notary and all parties; deleted words must be cou…
• BErasures and correction fluid (blanco) may be used freely provided the notary signs the f…
• CDeleted words can be scribbled out heavily so they cannot be read under any circumstances
• DAny marginal note added after signature can be approved solely by a telephonic confirmati…

What is the evidentiary force of an authentic deed regarding facts that the notary personally accomplished or witnessed?

• AIt has simple evidentiary value that can be overturned by any contradictory witness testi…
• BIt has full evidentiary force (fait foi jusqu'à inscription de faux) and cannot be contra…
• CIt is only prima facie evidence that must be confirmed by a commercial judge within six m…
• DIt creates only a moral presumption without binding the civil courts

What is the legal effect if an authentic deed is declared defective in form due to an incompetent notary or lack of required witnesses?

• AIt is absolutely void and cannot be used for any evidentiary purpose whatsoever
• BThe deed automatically converts into a binding arbitral award enforceable across Madagasc…
• CIt loses its authentic character and executory force, but retains value as a private writ…
• DThe parties are criminally liable for presenting a defective instrument

What is the statutory retention period during which notaries in Madagascar must preserve their minutes and registers before transfer to public archives?

• A10 years following the closing of the annual tax audit
• B30 years matching the general acquisitive prescription period
• C5 years corresponding to the statute of limitations for professional disciplinary action
• D100 years from the date of execution of the instrument

What is the statutory function of the répertoire des actes maintained in every notarial study in Madagascar?

• AA mandatory, chronologically numbered register tracking every authentic deed received day…
• BAn informal address book containing contact numbers of frequent clients and real estate b…
• CA financial ledger used exclusively to calculate the notary's annual personal income tax
• DA judicial logbook where local police officers sign their daily inspection visits

Who has the statutory right to request and obtain an expédition (authentic copy) of an acte en minute from the depository notary?

• AAny member of the public upon payment of a nominal administrative search fee
• BThe parties to the deed, their legal successors or heirs (ayants droit), or third parties…
• COnly the local tax inspector, with parties requiring court permission
• DExclusively the commercial banks licensed by the Banky Foiben'i Madagasikara

What statutory requirement applies when annexes (e.g., cadastral plans, powers of attorney, state authorizations) are attached to a notarial minute?

• AAnnexes can be kept in a separate file drawer without any initialing or formal mention in…
• BAnnexes must be signed by two sworn court bailiffs before they can be stapled to the deed
• CThe annexes must be expressly referenced in the body of the deed, initialed (paraphées) b…
• DAnnexes automatically become void if they exceed three pages in length

What is the procedure of inscription de faux principale under Malagasy procedural and notarial law?

• AAn informal address book containing contact numbers of frequent clients and real estate b…
• BA routine request to correct a spelling error in a party's surname
• CA tax audit application questioning the appraisal value of real estate
• DAn autonomous judicial action brought before the civil court to challenge an authentic de…

In a multi-page authentic deed drafted under Loi n° 2007-026, which formal precaution is legally required across all sheets preceding the signature page?

• AEach intermediate sheet must be paraphée (initialed) by all parties and the notary, and a…
• BOnly the notary initials the intermediate pages, while parties sign solely the final leaf
• CPages must be left unnumbered to preserve flexibility in case clauses need reordering
• DBlank spaces can be left open to insert future municipal decrees when issued

Under Loi n° 2007-026, when a notaire suppléant or administrateur is appointed to manage an office during the titular notary's illness, absence, or vacancy, how must authentic deeds be executed?

• AThe suppléant must forge the signature of the absent titular notary to maintain continuity
• BThe suppléant or administrateur instruments and signs in their own name, expressly specif…
• CThe suppléant must draft the deeds as private writings and wait for the titular's return…
• DThe deeds must be co-signed by the Minister of Justice personally

If an authentic deed of sale is executed before a notary wherein the seller's representative appeared using an unrecognized, forged power of attorney (procuration fausse), what is the precise legal status of the deed?

• AThe deed remains fully valid and the alleged principal must transfer ownership without re…
• BThe deed is automatically transformed into a lease agreement between the buyer and the re…
• CThe authentic character of the notary's verification of appearance stands, but the convey…
• DThe notary is strictly liable to pay the full real estate value from State funds

Under what statutory condition may a notary deliver a second copie exécutoire (seconde grosse) to a mortgage creditor who has lost the original copy?

• AUpon the creditor's verbal assurance given to the notary during office hours
• BUpon payment of a double notarial fee without any judicial intervention
• CWhenever the notary's managing clerk considers the creditor's request reasonable
• DOnly upon presentation of an authorizing judicial order (ordonnance sur requête) issued b…

Under Ordonnance n° 60-146 du 3 octobre 1960 relative au régime de l'immatriculation foncière in Madagascar, what is the legal effect of registering a real property right in the Livre Foncier?

• AThe registered right becomes legally definitive, indefeasible, and opposable against thir…
• BThe right remains tentative and can be revoked by any neighbor within twenty years
• CRegistration serves only an internal statistical purpose for the cadastral office
• DRegistration automatically converts private property into state public domain

Before drafting an authentic deed of sale for registered real property, what essential document must the notary request from the Conservation de la Propriété Foncière?

• AA commercial chamber trade certificate (extrait RCS)
• BA certificat de situation juridique (state of registered rights, mortgages, and charges)
• CAn environmental impact assessment approved by the Ministry of Environment
• DA municipal construction permit dated within the preceding week

Under Malagasy civil and land law, what formal requirement is strictly necessary to create a valid conventional mortgage (hypothèque conventionnelle)?

• AA verbal commitment confirmed before two village elders (ray aman-dreny)
• BA simple agreement written under private signature (acte sous seing privé) certified by t…
• CAn authentic notarial deed (acte authentique notarié) received by a notary under pain of…
• DA registered letter addressed to the debtor's commercial bank

Under Loi n° 2006-031, what legal instrument certifies private ownership over untitled land (propriété foncière privée non titrée) issued by a municipal land office (guichet foncier)?

• AA provisional occupancy decree (permis d'habiter)
• BA mining exploration concession (permis minier)
• CA rural emphyteutic lease contract
• DA certificat foncier (land certificate)

What notarial instrument is required to empower the Conservateur de la Propriété Foncière to cancel a registered mortgage following the total repayment of the debt?

• AAn authentic deed of release of mortgage (acte authentique de mainlevée d'hypothèque) gra…
• BA handwritten letter from the debtor claiming that all loan installments have been paid
• CAn informal bank deposit slip stamped by a junior bank teller
• DA newspaper publication declaring that the loan is extinguished

Under Malagasy land legislation, what legal rule restricts foreign individual nationals regarding land ownership in Madagascar?

• AForeign individuals may acquire unlimited freehold land anywhere upon obtaining a tourist…
• BForeign individuals cannot acquire direct freehold ownership (pleine propriété); they may…
• CForeign individuals may only buy land if they marry a traditional village chief
• DForeign individuals are prohibited from residing or renting any real estate in Madagascar

Under Ordonnance n° 60-146, how is ranking and priority determined between two competing conventional mortgages inscribed on the same land title?

• ABy the date of birth of the respective bank managers
• BBy the total monetary sum of the respective loans, with larger loans ranking first
• CBy the chronological order of filing recorded in the register of deposits (registre d'ord…
• DBy the alphabetical order of the creditors' corporate names

What is the statutory character and maximum duration of an emphyteutic lease (bail emphytéotique) under Malagasy land legislation?

• AA personal tenancy limited to a maximum of 3 years that cannot be transferred
• BA verbal commercial lease terminable at two weeks' notice
• CAn indefinite perpetual easement that never expires
• DA real property right (droit réel immobilier) granting long-term enjoyment up to 99 years…

When a real estate sale deed provides that the purchase price will be paid in installments and includes an express resolutory clause, what must the notary do to ensure the seller's rights are protected against third parties?

• AStipulate and register the seller's legal privilege or mortgage (privilège/hypothèque de…
• BRely entirely on the buyer's verbal promise to never sell the property until paid in full
• CKeep the original land title hidden in the notary's office without registering the sale d…
• DInstruct the seller to physically lock the front gates of the property

What is the legal purpose and effect of a prénotation registered on a land title pursuant to a judicial order (ordonnance sur requête)?

• AIt permanently transfers ownership of the property to the judge who issued the order
• BIt temporarily preserves the applicant's claimed right and ensures that any subsequent re…
• CIt completely cancels all existing mortgages on the property immediately
• DIt obligates the local municipality to demolish any building located on the parcel

What is the statutory deadline for a notary in Madagascar to submit an authentic deed affecting real property rights for registration (enregistrement) with the tax administration?

• AWithin 1 year from execution
• BWithin 6 months after the buyer takes physical possession
• CWithin 30 days (1 month) from the date of execution of the authentic deed
• DThere is no statutory deadline; submission is entirely optional

What procedure must be followed if an objection (opposition) is lodged during the boundary survey (bornage) of a parcel undergoing land registration in Madagascar?

• AThe surveyor may immediately disregard the objection and register the title under the app…
• BThe police must automatically arrest the party raising the objection
• CThe land is immediately seized by the commune and sold at public auction
• DThe surveyor records the dispute; the dossier is transmitted to the Tribunal Terrier / TP…

What is a radiation d'office of an inscription performed by the Conservateur de la Propriété Foncière under Ordonnance n° 60-146?

• AAn administrative cancellation of an inscription carried out directly by the Conservateur…
• BAn illegal tampering with the land book by an unauthorized clerk
• CA routine destruction of paper registers to create digital backups
• DA forced sale of the property to satisfy unpaid municipal garbage taxes

In an authentic deed of sale of real property, what does the statutory warranty against eviction (garantie d'éviction) oblige the seller to do?

• AEnsure that the buyer's business profits double within the first calendar year
• BGuarantee the buyer peaceful possession of the property and indemnify them against any to…
• CPay the buyer's utility bills for a minimum of five years post-sale
• DProvide lifetime security guards for the boundary fences

When mortgaged real property is sold by the debtor to a third party (tiers détenteur), what fundamental real right does the registered mortgage creditor retain?

• AThe right to inhabit the property alongside the new buyer without paying rent
• BThe right to increase the interest rate on the loan unilaterally by 50%
• CThe droit de suite (right of pursuit), empowering the creditor to seize and sell the prop…
• DThe right to revoke the third party's Malagasy citizenship

In a vente en l'état futur d'achèvement (VEFA - sale of building off-plan), what essential legal protection must be verified by the notary before execution of the deed?

• AThe builder's personal membership in a local sports association
• BThe buyer's immediate payment of 100% of the price in physical cash
• CThe immediate completion of all structural roofs before signing any preliminary paper
• DThe developer's title or real right to the land, valid building permit, and a financial g…

What is the legal consequence if a notary proceeds to execute an authentic deed of sale of real estate after a commandement valant saisie immobilière has been registered on the land title?

• AThe sale is legally inoperative (inopposable) against the seizing creditor, and the notar…
• BThe registered seizure is automatically erased and the buyer takes clean title free of de…
• CThe seizing creditor must pay the buyer a penalty for disturbing the transaction
• DThe transaction is automatically transformed into a donation to the State

Under what statutory procedure can a third-party purchaser (tiers détenteur) of a mortgaged property clear the property of existing mortgages (procédure de purge des hypothèques)?

• ABy simply changing the locks and waiting for 3 years to expire
• BBy formally notifying the registered mortgage creditors of the purchase contract and offe…
• CBy applying for an ex-parte municipal decree declaring all debts null and void
• DBy filing a petition with the Ministry of Mining

What is the legal effect if a debtor purports to grant a conventional mortgage over land that is currently undergoing its initial registration procedure (procédure d'immatriculation en cours)?

• AThe mortgage is absolutely non-existent and cannot even be notified to the administration
• BThe mortgage immediately turns the land into a titled property without needing a boundary…
• CThe mortgage can only be registered as an opposition or demand for inscription, which wil…
• DThe debtor is automatically sentenced to two years of imprisonment

In an authentic mortgage deed securing an opening of credit or fluctuating bank facility (ouverture de crédit), what is strictly required to satisfy the principle of specialty (spécialité de l'hypothèque)?

• AThe deed must state that the debtor pledges all present and future assets without distinc…
• BThe deed must list every individual invoice expected to be drawn over the next ten years
• CThe creditor must obtain a written endorsement from the Ministry of Finance
• DThe deed must specify the designated real property parcel (titre foncier) and a fixed max…

Under Loi n° 68-012 du 4 juillet 1968 relative aux successions, testaments et donations, what notarial instrument is commonly established to officially attest to the identity of the heirs, their degrees of kinship, and their devolutionary shares?

• AAn acte de notoriété constatant la dévolution successorale (deed of notoriety)
• BA preliminary commercial bill of exchange signed by the deceased's bank
• CA police clearance certificate certifying no criminal complaints against the estate
• DA decree of forced municipal expropriation

Under Malagasy succession law, what is the legal consequence of an heir accepting a succession purement et simplement (acceptation pure et simple)?

• AThe heir is completely exempt from paying any debts of the deceased
• BThe heir becomes personally and indefinitely liable for all debts and charges of the esta…
• CThe heir's personal assets are automatically confiscated by the tax administration
• DThe heir is prohibited from purchasing any real estate in Madagascar for ten years

What is the legal status of an ancestral family tomb (fasana drazana) in Malagasy succession and property law?

• AIt is an ordinary asset that must be sold at judicial auction if the heirs cannot agree o…
• BIt belongs automatically to the local rural commune upon the death of the family elder
• CIt is an inalienable, indivisible collective family sanctuary excluded from ordinary comm…
• DIt must be registered as commercial real estate subject to corporate income tax

Under Loi n° 68-012, which formal condition is strictly mandatory for the validity of a testament olographe (holographic will)?

• AIt must be typed on a computer and signed before two sworn police officers
• BIt must be registered at the commercial registry within 48 hours of writing
• CIt must be approved by the President of the Republic in Council of Ministers
• DIt must be written entirely, dated, and signed by the testator's own hand

What protection does Article 55 of Loi n° 68-012 give to qualifying descendants whom a testament excludes?

• AA maintenance claim for excluded minor or incapable first-class heirs, or second-class he…
• BA mandatory cash reserve that the notary must deposit at the central bank for 50 years
• CThe percentage of property reserved for the local village council for community projects
• DAn emergency fund created by commercial banks to cover bad mortgages

What is a soulte in an authentic deed of estate partition (acte de partage successoral)?

• AA financial fine imposed by the notary on heirs who arrive late to the signing appointment
• BA balancing cash payment paid by a co-heir whose physical allotment exceeds their mathema…
• CA tax exemption certificate granted to rural farmers by the Ministry of Agriculture
• DAn unwritten customary promise made to ancestral spirits during the funeral

Under Article 16 of Loi n° 68-012, who inherits in intestacy when the deceased leaves children and a surviving spouse?

• AThe surviving spouse excludes the children
• BThe spouse and children necessarily share equally
• CThe children inherit as the first class and exclude the spouse, who is in the eighth class
• DThe State inherits before either the children or spouse

Under Article 64 of Loi n° 68-012, when may heirs or universal legatees avoid personal liability for estate debts exceeding estate assets?

• AWhenever they ask the notary informally
• BOnly when every creditor waives the debt
• CNever; liability is unavoidable
• DIf they renounce the succession or cede the remaining estate property to creditors after…