If, after all the documents have been received and evaluated, the notary concludes that it is not pertinent to prepare the statement of facts and law requested by the applicant, he/she shall return all the documents in the file prepared as provided by law. He/she shall also inform the applicant that upon delivery of the documents, his/her intervention will cease, shall explain the reason therefore; and shall notify the General Registry of Notarial Competence within the term of three (3) working days.
The notary shall also cease all proceedings with regard to a matter if:
(a) He/she did not receive all the information or documents needed to draft a statement of facts and of law, within a reasonable term agreed to with the applicant;
(b) there is a grounded objection of the Department of Justice in those cases in which this chapter requires his/her intervention;
(c) a controversy or opposition should arise in a voluntary jurisdiction procedure, between those who show they have a legitimate interest therein;
(d) the voluntary ceasing of the procedure is requested by the enjoiner, or at the initiative of the notary; or
(e) he/she has knowledge that the matter is being handled in court.
In all the situations described in this section, the notary and the enjoiner shall comply with what has been agreed upon with regard to notarial fees, as provided in this chapter.
The notary shall also prepare an acknowledgement and shall notify the General Registry of Notarial Competence of the termination of his/her performance.
History —Aug. 21, 1999, No. 282, § 6; July 21, 2000, No. 128, § 2.