Notary Public in Nepal

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A Notary is an officer of the law who holds an internationally recognised public office. The duty and function of a Notary is to prepare, attest, authenticate and certify deeds and other documents, for use anywhere in the world. His/her signature and official seal renders them acceptable, as proof of the matter attested by him/her, to the judicial or other public authorities in the country where they are to be used.

Clients often require notarial services when dealing with overseas matters. A Notary mainly acts as an impartial and legally trained witness to authenticate and certify the execution of documents required or intended for use inside and outside Nepal.

By virtue of the international status, the signature and seal of a Notary is recognised as evidence of a responsible legal officer in most countries of the world.

Notary Public in Nepal

The notarial service is not new for outside world but for Nepal, this is a new concept for providing services to commoners. The Notary Public Act has come into force in 2007 and Notary Public Rules 2007 also has come into force interalia. The act has accepted that the Notary Public is an officer who can administer oaths and statutory declarations, witness and authenticate documents and perform certain other acts depending on the jurisdiction. They can verify, attest, authenticate public documents and affidavits. They can also attest personal certificates and translate them.

For the purpose of the authentication, most countries require commercial or personal documents which originate from or are signed in another country to be notarized before they can be used or officially recorded or before they can have any legal effect. This includes the translation of such documents done by an expert translator entitled by a government entity.

Notary Public Council Nepal (NPCN) is regulatory body and has issued certificates to seven-year-old experienced lawyers to work as notary public. Invoking Clause 37 of the Act Relating to Notary Public Act, 2007, the NPCN has issued the code of conduct (November 2007) prohibiting the notaries public from involving themselves in corrupt and illegal activities and misusing the authority delegated by the state. If any notary public is found to be involved in attesting fake document, he/she may be jailed for up to four years and be fined up to Nepalese Rs 200,000.