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Concours d'entrée dans le Notariat (Madagascar)

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Key Facts: Examen d'aptitude aux fonctions de notaire Exam

Loi 2007-026

Governing statutory charter of the notariat in Madagascar

https://cnlegis.gov.mg/page_acces_pdf/dnWjtQfpU3akZ

4 hours

Duration of the official written professional-practice drafting examination

https://textes.lexxika.com/lois-malagasy/arrete-n15483-2011-du-18-avril-2011-portant-organisation-dun-examen-daptitude-aux-fonctions-de-notaire/

2 years

Statutory duration of mandatory notarial training stage before sitting

https://notaires.mg/

3 sessions

Maximum allowable attempts to pass the exit examination

https://textes.lexxika.com/lois-malagasy/arrete-n15483-2011-du-18-avril-2011-portant-organisation-dun-examen-daptitude-aux-fonctions-de-notaire/

< 7/20

Eliminatory mark threshold on any single written or oral component

https://textes.lexxika.com/lois-malagasy/arrete-n15483-2011-du-18-avril-2011-portant-organisation-dun-examen-daptitude-aux-fonctions-de-notaire/

Free 100-question independent English study practice for Madagascar's notarial aptitude exit examination under Loi n° 2007-026 and Arrêté n° 15164/2011.

Sample Examen d'aptitude aux fonctions de notaire Practice Questions

Try these sample questions to review concepts for the Examen d'aptitude aux fonctions de notaire exam. Each question includes a detailed explanation. Start the interactive quiz above for the full 100+ question experience with AI tutoring.

1Under Loi n° 2007-026 du 12 décembre 2007 portant statut du notariat à Madagascar, what is the statutory definition of an acte authentique?
A.An instrument drawn up with requisite legal solemnities by a public officer authorized to instrument in the place where the deed is drafted
B.Any written contract signed by two contracting parties and countersigned by a sworn attorney-at-law
C.A private agreement registered with the tax authorities within thirty days of execution
D.Any document certified by the mayor of an urban or rural commune in Madagascar
Explanation: Under Article 25 and related provisions of Loi n° 2007-026, an acte authentique is an instrument received by a public officer (such as a notary) having the statutory authority and territorial jurisdiction to instrument in the place where the deed is drawn up, adhering to all mandatory legal solemnities. It possesses authentic evidentiary force and executory power by operation of law.
2In Malagasy notarial practice, what distinguishes an acte en minute from an acte en brevet?
A.An acte en minute requires judicial homologation before taking effect, whereas an acte en brevet takes effect upon signature
B.An acte en minute must be retained permanently in the notary's study, whereas an acte en brevet is delivered in its single original form directly to the parties
C.An acte en minute is executed exclusively in the Malagasy language, while an acte en brevet is drafted in French
D.An acte en minute does not require the notary's signature, whereas an acte en brevet must be sealed and countersigned
Explanation: Under Loi n° 2007-026, notaries draft acts either en minute or en brevet. The minute is the original authentic deed that the notary is statutorily required to preserve in the office's archives (greffe de l'office) to issue authentic copies (expéditions) or executory copies (grosses), whereas an acte en brevet is delivered directly in original form to the requesting party.
3Which of the following legal instruments may lawfully be received en brevet by a notary under Malagasy notarial practice?
A.A conveyance deed for registered real property (vente d'immeuble immatriculé)
B.A conventional mortgage deed (acte d'affectation hypothécaire)
C.A simple power of attorney (procuration sous forme authentique) or life certificate (certificat de vie)
D.A partition deed of an estate containing real property (acte de partage successoral)
Explanation: Under Loi n° 2007-026 and traditional notarial rules, instruments that produce transient legal effects or do not create permanent land or succession rights—such as powers of attorney, certificates of life, notices, and simple discharges without accounting—may be issued en brevet. All deeds transferring, creating, or partitioning immovable property rights must be executed en minute.
4Under Loi n° 2007-026, which mandatory mentions concerning the officiating notary must appear in the instrumenting clause of an authentic deed?
A.The notary's private home address and personal tax identification number
B.The notary's law school graduation year and bar admission date
C.The notary's political party affiliation and military service registration
D.The notary's full legal name, professional title, and the designated territorial seat of the notarial office
Explanation: Loi n° 2007-026 specifies that the heading of an authentic deed must state the full surname, given names, official title as notary (notaire), and the designated seat of the notarial office (résidence de l'office notarial). This establishes the notary's territorial jurisdiction and public competence.
5What statutory rule governs the language used for drafting authentic deeds by notaries in Madagascar?
A.Deeds are drafted in French or Malagasy, and the notary must ensure comprehension by translating or explaining the provisions to parties
B.Deeds must be drafted exclusively in Malagasy under pain of absolute nullity
C.Deeds must be drafted exclusively in French, with Malagasy used only for verbal remarks
D.Deeds must be drawn up in bilingual parallel columns in all circumstances
Explanation: Under Malagasy legislation and notarial regulations, notarial deeds may be received in either French or Malagasy. When appearing parties do not understand the drafted language, the notary is statutorily obligated to read, interpret, and explain the terms in a language the parties understand, utilizing a sworn interpreter if necessary.
6What is a copie exécutoire (formerly termed a 'grosse') in Malagasy notarial practice?
A.A preliminary draft of a deed prepared by a trainee notary before submission to the principal
B.An authentic copy of the minute bearing the statutory executory formula of the Republic of Madagascar, enabling direct enforcement without prior litigation
C.A certified copy intended solely for submission to the public archives for historical preservation
D.An uncertified photocopy retained by the client for personal record-keeping
Explanation: A copie exécutoire is a certified copy of an authentic deed executed en minute that concludes with the official executory formula (formule exécutoire) in the name of the Malagasy people and State. It empowers a judicial officer (huissier de justice) to initiate forced execution (saisie) without needing a court judgment.
7Under 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?
A.Dates and amounts must be written exclusively in Arabic numerals to conserve paper
B.Amounts may be left blank at execution and filled in with numerals after tax computation
C.Dates and financial amounts must be written out in full words in the body of the deed, with numerical digits permitted only as parenthetical repetitions
D.Financial figures may only be stated in foreign currency without Malagasy Ariary equivalents
Explanation: To prevent fraud, alteration, or post-execution manipulation, Malagasy notarial law requires that dates, sale prices, loan amounts, and payment figures be written out in full alphabetical words in the main text. Numerals can only appear in parentheses alongside the written words.
8When an appearing party to an authentic deed is illiterate or physically incapable of signing, what formality does Loi n° 2007-026 require?
A.The notary may sign on behalf of the illiterate party without mentioning the physical impediment
B.The illiterate party's child may sign the deed without a written power of attorney
C.The deed is automatically null and void because all parties must affix a written signature
D.The notary must explicitly state the party's inability to sign and its cause, and the deed must be received in the presence of two instrumentary witnesses or a second notary
Explanation: Under Article 35 of Loi n° 2007-026, if a party cannot or does not know how to sign, the notary must record this declaration and the specific reason in the deed. The deed must then be executed in the presence of two instrumentary witnesses (témoins instrumentaires) meeting statutory qualifications, or before a second notary, who all sign the instrument.
9How must marginal notes (renvois en marge), additions, and strikeouts (mots rayés nuls) be executed in a Malagasy authentic deed?
A.Marginal notes must be initialed by the notary and all parties; deleted words must be counted and expressly certified as void at the closing of the deed
B.Erasures and correction fluid (blanco) may be used freely provided the notary signs the final page
C.Deleted words can be scribbled out heavily so they cannot be read under any circumstances
D.Any marginal note added after signature can be approved solely by a telephonic confirmation from the parties
Explanation: Under notarial drafting statutes, erasures and chemical corrections are strictly prohibited. Renvois en marge must be approved and initialed by all signing parties and the notary. Struck-through words must remain legible beneath the strike line and be counted and declared null (mots rayés comme nuls) in the final closing formula (clause de clôture).
10What is the evidentiary force of an authentic deed regarding facts that the notary personally accomplished or witnessed?
A.It has simple evidentiary value that can be overturned by any contradictory witness testimony
B.It has full evidentiary force (fait foi jusqu'à inscription de faux) and cannot be contradicted except through the special procedure of inscription de faux
C.It is only prima facie evidence that must be confirmed by a commercial judge within six months
D.It creates only a moral presumption without binding the civil courts
Explanation: Facts that the notary has personally seen, heard, or accomplished in the discharge of public duties (e.g., appearance of parties, payment of funds in the notary's presence, reading of the deed) possess the highest evidentiary value under Malagasy civil law (foi publique). They can only be challenged through the criminal/civil procedure of inscription de faux.

About the Examen d'aptitude aux fonctions de notaire Exam

The Examen d'aptitude aux fonctions de notaire is the statutory exit assessment required by Article 14 of Loi n° 2007-026 after the two-year notarial stage. Arrêté n° 15164/2011 separately organizes the written and oral assessment, and candidates have at most three sessions. Successful candidates satisfy one condition for appointment; Article 15 provides appointment by order of the Minister of Justice. No 2026 sitting was publicly scheduled when checked. This 100-question bank is independent English-language study, not an official translation, format simulation, or substitute for French/Malagasy deed drafting and oral practice.

Exam sponsor: Ministère de la Justice (Service des Professions Judiciaires) / Chambre Nationale des Notaires de Madagascar (CNNM). The requirements and fees below concern the certification or admission exam, separate from our free practice resources.

Assessment

The official examination comprises a 4-hour professional-practice written test requiring two draft instruments, one in French and one in Malagasy, chosen from two proposed subjects, plus an oral series of questions on the opening order's program. Arrêté n° 15164/2011 does not assign coefficients or an oral duration. This 100-question resource is an independent English-language MCQ study adaptation.

Time Limit

Four hours for the written test; the reviewed official order does not publish the oral preparation period or duration

Passing Score

An overall average of at least 10/20 is required; a mark below 7/20 in either test is eliminatory. The order does not assign coefficients.

Exam / Certification Fees

No active 2026 session or current fee was published when checked

Exam sponsor website

Fees, eligibility, and exam policies can change. Confirm them with the exam sponsor before applying or paying.

Our practice resources: topics covered

We aim to reflect publicly available exam outlines and topic information in our study resources. Coverage, format, and difficulty may differ from the actual exam, and we cannot guarantee that every detail is accurate or current. Confirm exam requirements, fees, and policies with the official exam sponsor.

20 practice questions

Deed Drafting & Authenticity

Authentic deeds (actes authentiques), minutes and brevets, mandatory legal mentions, annexes, reading and execution formalities, and executory force.

20 practice questions

Real Estate Transactions & Mortgages

Property sales, land registration under Ordonnance n° 60-146, certificates of legal status, conventional mortgages, priority, and release (mainlevée).

20 practice questions

Estate Liquidation & Succession

Dévolution légale under Loi n° 68-012, estate inventories, actes de notoriété, testaments, hotchpot (rapport), reduction of gifts, and partition deeds.

20 practice questions

Matrimonial Property Settlements

Marriage regimes under Loi n° 2007-022, notarial marriage contracts, asset tracing, liquidation upon divorce or death, and customary property rules.

20 practice questions

Notarial Taxation, Accounting & Professional Ethics

Registration duties (droits d'enregistrement), conservation foncière fees, capital gains tax, client funds accounting, deontology, and civil liability.

Preparing for the Examen d'aptitude aux fonctions de notaire Exam

What You Need to Know

  • Passing score: An overall average of at least 10/20 is required; a mark below 7/20 in either test is eliminatory. The order does not assign coefficients.
  • Assessment: The official examination comprises a 4-hour professional-practice written test requiring two draft instruments, one in French and one in Malagasy, chosen from two proposed subjects, plus an oral series of questions on the opening order's program. Arrêté n° 15164/2011 does not assign coefficients or an oral duration. This 100-question resource is an independent English-language MCQ study adaptation.
  • Time limit: Four hours for the written test; the reviewed official order does not publish the oral preparation period or duration
  • Exam / certification fees: No active 2026 session or current fee was published when checked Official sources

Using Our Practice Resources

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Examen d'aptitude aux fonctions de notaire: Suggested Study Strategy

1Master the distinction between actes en minute (retained permanently by the notary) and actes en brevet (issued in original form to parties) under Loi n° 2007-026.
2Review the mandatory clauses of real property transfers, ensuring complete identification of parties, cadastre / title numbers, origin of property, and financial consideration.
3Memorize the statutory order of succession and Article 55's limited maintenance protection under Loi n° 68-012; do not import a fixed French réserve héréditaire into the Malagasy statute.
4Thoroughly understand the procedural steps for conventional mortgage creation, registration requisitions, and notarial deed of release (acte de mainlevée d'hypothèque).
5Pay close attention to notarial accounting rules regarding client money separation, forbidden self-dealing, professional secrecy, and registration duty payment deadlines.

Frequently Asked Questions

What is the statutory framework governing the notarial aptitude examination in Madagascar?

The examination is governed by Loi n° 2007-026 of December 12, 2007 (Article 14), Arrêté n° 15164/2011 of April 12, 2011, and Arrêté n° 15483/2011 of April 18, 2011 (as amended by Arrêté n° 14091/2013). It is administered jointly by the Ministère de la Justice and the Chambre Nationale des Notaires de Madagascar (CNNM).

What are the format and components of the official exit examination?

The official examination has a 4-hour written professional-practice test requiring two draft instruments, one in French and one in Malagasy, chosen from two proposed subjects, plus an oral series of questions on the published program. The reviewed order does not state coefficients or an oral duration.

What passing score and attempt limits apply to candidates?

Candidates need at least 10/20 overall, and a mark below 7/20 in either test is eliminatory. Arrêté n° 15164/2011 permits at most three sessions; it does not assign coefficients.

Is an active 2026 session scheduled for this examination?

No active 2026 sitting was publicly scheduled at the time of review. Examination sessions are convened ad hoc by the Ministère de la Justice through ministerial orders published in the Journal Officiel when trainee cohorts complete their statutory requirements.

Is this practice bank an official examination or translation?

No. This question bank is an independent English-language study adaptation developed by OpenExamPrep for conceptual review of Malagasy notarial law, deed mechanics, and statutory obligations. It is not an official translation, past paper, or substitute for formal deed drafting in French and Malagasy.