Interpreter Is Mandatory If Notary’s Client Doesn’t Speak Dutch

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Assistance Of An Interpreter Is Mandatory Whenever The Notary’s Client Doesn’t Speak Dutch

The complainant filed this complaint after engaging a notary to dissolve 16 companies of which he was the executive. During the consultation the notary spoke in English with the executive about the main points of the documents, without the assistance of an interpreter.

Upon executing the documents, the notary proceeded to register the dissolution of the companies in the Trade Register. Things didn’t turn out as the executive wanted, which led to this complaint against the notary.

The Board of Ethics found that no interpreter assisted during execution (¶ 4.4). Although the appearers mentioned in the documents were Dutch legal entities, limited liability companies, the person representing those companies, the executive, didn’t understand the Dutch language in the instrument. Consequently, the Board of Ethics holds that the notary had the duty under section 42 of the Office of Notary Act to execute the instrument with the assistance of an interpreter. For these reasons, the Board of Ethics finds for the complainant.

Nevertheless, the Board of Ethics does not impose a sanction on the notary, reasoning that it was likely that the executive must have understood the text of the instruments. The notary spoke with the executive in English about the main points of the instruments and the executive signed the instruments and took them with him. The executive had already received the drafts days before executing the instruments. Besides, during their prior consultation they had already talked in detail about the contents of the instruments.

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