The Notary Public Act 2063: Notable Provisions and Insights

Introduction to the Notary Public Act 2063

The Notary Public Act was enacted in Ashoj 2063 to design a legal framework for the Notary Public, and its confirmation, and prevent fraudulent activities related to documents in Nepal. It consists of Eight Chapters and forty-four Sections.

The Preamble of the Act maintains that the primary purpose of a Notary Public Act is to maintain legal provisions regarding the Notary Public, confirmation of real individuals in the preparation of documents, and signatures on documents and official applications.

It also involves preventing fraudulent activities in the preparation of documents, substantive ways of Translating Documents, and giving continuity to the Interest of the General Public.

Nepal Notary Public Council

Nepal Notary Public Council has been established in Nepal for the management of the certification of documents and translation of papers in a swift and accessible manner as stipulated in Section 3 of the Notary Public Act 2063.

The Council must act as an autonomous corporate body with perpetual succession. It has the privileges of acquiring, selling, or possessing Property and the right to sue and be sued along with a seal of its own.

Members

The following members compose the Council of the Nepal Notary Public:

• (a) Attorney General, serving as the Chairperson.
• (b) President of the Nepal Bar Association, as a Member.
• (b) President of the Nepal Bar Association, as a Member.
• (d) Secretary (Law) of the Office of the Prime Minister and Council of Ministers, as a Member.
• (e) Secretary of the Nepal Law Commission, as a Member.
• (f) Secretary of the Ministry of Land Reform and Management, as a Member.
• (g) Secretary of the Ministry of Foreign Affairs, as a Member.
• (h) Registrar of the Supreme Court, as a Member.

Functions, Duties, and Powers

The prescribed functions, duties, and powers of the Nepal Notary Public Council are as follows:

• (a) Formulating and implementing policies related to Notary Public.
• (b) Issuing Notary public certificates.
• (c) Monitoring Notary Public activities
• (d) Establishing committees
• (e) Appointing auditors.

Secretary of Council

A Secretary must be appointed as an administrative Chief of the Council. The Secretary must hold a graduate degree in Law. The Term of Office of Secretary of the Nepal Notary Public Council is four years.

Notary Public Council Fund

A separate Fund must exist for the Council which can consist of the following sources:

• (a) Funds from the Government of Nepal.
• (b) Funds from individuals or organizations.
• (c) Fees received from certificate recipients.
• (d) Guaranteed funds.
• (e) Funds from other sources.

Certification of The Notary Public

For the practice of Notary Public, the individual must obtain a certificate according to this Act.

First, to acquire a certificate for functions such as Translation, an Individual must pass a Notary Public Examination. The Examination must be conducted either by the Council or an institution that administers examinations.

Qualification and Disqualification

Those Eligible to become Notary Public are:

• (a) Legal practitioners with a minimum of seven years of continuous legal practice.
• (b) Retired Gazetted class two officers from the Nepal judicial service.

The Following Individuals are disqualified from becoming Notary Public in Nepal:

• (a) Those who have not passed the examination
• (b) Individuals not meeting the qualifications stated above
• (c) Individuals convicted of serious crimes
• (d) Individuals with a questionable character.
• (e) Non-Nepali citizens.
• (f) Declared insolvent individuals.
• (g) Individuals with mental health issues.

Validity and Renewal of Certificate

Individuals desiring a Notary Public Certificate must submit an application to the Nepal Notary Public Council along with the specified fees. Thereafter, the Council shall establish a committee to review the application and make relevant recommendations.

If the committee recommends issuing a certificate, the Council grants a certificate to the individual.

The Certificates issued by the Council under Section 14 of the Notary Public Act remain valid for Five Years. For Renewal, an application must be submitted to the Council along with the prescribed fees at least 60 days before the expiry of the Certificate.

Cancellation of Certificate

The Notary Public Certificate can be canceled under the following conditions:

1. If the individual is convicted and punished for Serious Offenses
2. In the event of the individual’s death.
3. If the individual’s mental condition is compromised.
4. Failure to renew the certificate.
5. Cancellation of the individual’s legal practitioner certificate or removal from the legal practitioner registration.
6. Voluntary application by the Notary Public for certificate revocation.

Functions and Duties of Notary Public

Functions to Perform

The Functions that can be performed by the Notary Public as stated in Section 19 of the Notary Public Act are as follows:

• (a) Certify any document.
• (b) Translate a document from one language to another.
• (c) Attest a copy of an original document.

Activities Not to be Performed

The Notary Public is restricted from performing the following:

• Certifying a document that is not registered in the register book of their office.
• Certifying any document that is original in itself.
• Certifying a document that pertains to their transaction or interest.
• Certifying a document related to their transaction or interest.
• Certifying a document related to their close relatives, as defined by the prescribed regulations.
• Disclosing any known information acquired during the certification of documents without the concerned person’s consent, except as provided by the law.
• Altering, amending, or deleting from a document or paper safely kept with the Notary Public.
• Certifying a document without following the procedure specified in Section 27.
• Certifying a document negligently or without authorization.
• Charging fees over what is fixed for certification or translation of documents.
• Translating doubtful papers.
• Altering the date, number, or content of a document during translation.
• Performing Notary Public functions outside their jurisdiction.
• Certifying a document without the presence of the person required to create the document before the Notary Public.
• Engaging in actions contrary to the Code of Conduct.
• Acting in violation of this Act or the Rules established thereunder.

Procedure for Certification of Document

An Individual who requires the document certification from the Notary Public must apply as provided in a specified format.

While drafting the application, the applicant must present two family witnesses before the Notary Public along with documents proving the identity of the witness.

After receiving the application, the Notary Public must confirm the authenticity of the Individuals and the Applications through Additional Documents, Interviews, or Written Statements.

The Notary Public must take an oath of the Applicant if the Document Certification is to be submitted to an office or court.

Procedure for Translation of Paper

If an Individual is seeking paper Translation from the Notary Public, they must draft a formal application stating as such. After receiving the Application, the Notary Public must verify the paper. The Notary Public has the authority to investigate or verify the paper or request further information.

f the Paper seems reliable and authentic, the Notary Public must translate the Paper and verify it as prescribed.

Penalties and Compensation

If anyone practices as a Notary Public without obtaining the required certificate, they shall face a penalty of up to three years in Imprisonment or a fine of up to NPR 1,50,000 or both.

If they are found guilty of misconduct they are subject to a penalty of up to four years in imprisonment or a fine of up to NPR 2,00,000 or both.

If the document submitted for certification is proven to be false, then, the Individual responsible is subject to a penalty of up to four years in Imprisonment or a fine of up to NPR 2,00,000 or both.

If individuals taking oath provide false information, they are subject to 3 Months in imprisonment or a fine up to NPR 15,000 or both.

For False Witnesses, incorrect Identification or statement or false written statement, they shall be liable to 6 Months in Imprisonment or a fine of NPR 25,000 or both.

For fraudulent accompaniment of a Notary Public or engagement in fraudulent behavior, they shall be subject to up to 1 year in Imprisonment and a fine of up to NPR 50,000 or both.

If Individuals who translate the document cause or cause to be done significant changes in the document, they are subject to a penalty of up to 3 Months in Imprisonment or a fine not exceeding NPR 50,000 or both.

For other actions contrary to the act and the rules established, they are liable to up to 3 Months in Imprisonment or a fine of up to NPR 15,000 or both.