Subsection 2: The authentic instrument

An authentic instrument is one that has been received, with the requisite solemnities, by a public official with the competence and capacity to act. It may be drawn up in electronic form if it is established and preserved under conditions laid down by decree in the Council of State. When it is received by a notary, it is exempt from any handwritten mention required by law.

A deed that is not authentic because of the incompetence or incapacity of the officer, or because of a defect in form, is valid as written under private signature, if it has been signed by the parties.

An authentic instrument is authentic until a forgery is recorded in respect of what the public official says he has personally performed or recorded. In the event of a forgery being recorded, the judge may suspend the execution of the instrument.