Legal Definitions - ne varietur

Ne varietur refers to a formal notation, often made by an authorized official like a notary public, placed on a document to certify its identity and to indicate that it is the specific, original, or unaltered version referred to in another related document or transaction. This mark essentially binds a document, confirming it as the definitive one and preventing any future claims that a different version should apply.

Here are some examples to illustrate this concept:

• Real Estate Transaction: Imagine a developer is purchasing a large parcel of land, and the sales contract specifically references a detailed environmental report that outlines the property's conditions. To ensure there's no confusion later, a notary might place a ne varietur notation directly on the *exact environmental report* that was reviewed and agreed upon by both the buyer and seller during the contract signing. This notation confirms that *this specific report* is the one incorporated into the purchase agreement, preventing either party from later claiming that a different, perhaps less favorable, version of the report was the intended one.
• International Business and Document Translation: A multinational corporation needs to submit its articles of incorporation, originally in English, to a foreign government agency that requires all legal documents in its native language. After a professional translator completes the certified translation, a notary public might review both the original English articles and the translated version. The notary would then place a ne varietur notation on *both* the original and the translated documents, certifying that the translation is an accurate and complete rendition of the original, and that these specific documents are the ones being presented for official purposes. This ensures the integrity and identity of the translated document in relation to its source.
• Loan Agreements: Consider a business taking out a significant bank loan. The loan agreement might refer to a specific promissory note detailing the repayment terms. To prevent any future disputes about which promissory note is valid, the bank's legal counsel or a notary might place a ne varietur notation on the *exact promissory note* that the borrower signed. This notation definitively links that specific note to the overarching loan agreement, confirming it as the authentic and unaltered instrument governing the debt.