The Legal Regulations for Notary Public in Nepal

The role of a notary public in Nepal is vital for individuals and businesses who need to certify, attest, and translate documents for legal purposes or for use in foreign countries. This critical service ensures that documents are authentic, legally binding, and properly translated. In Nepal, the activities of notaries are governed by the Notary Public Act, 2063 B.S., and the Notary Public Rules, 2063 B.S. These regulations provide a comprehensive legal framework and guidelines for the operation and conduct of notary publics, ensuring that they perform their duties with integrity, accuracy, and compliance with the law.

The Notary Public Act, 2063 B.S.

Enacted on Ashoj 28, 2063 B.S. (October 11, 2006), and effective from Falgun 1, 2063 B.S. (February 3, 2007), the Notary Public Act, 2063 B.S., was a significant step in formalizing the role of notaries in Nepal. Before the introduction of this act, there was no clear legal provision for the certification, attestation, and translation of documents, which were typically handled by government officers or the Law Book Management Committee. The act aimed to make these services more accessible to the general public, streamline the process, and prevent fraudulent activities.

The act established the Nepal Notary Public Council, an autonomous and corporate body, to oversee the notary profession in Nepal. The council, chaired by the Attorney General, is responsible for setting policy-level provisions, distributing notary certificates, and monitoring the work of notaries across the country.

Key provisions of the Notary Public Act include:

• Definition of Roles: The act clearly defines the roles and responsibilities of a notary public, including the certification, attestation, and translation of various legal documents. It also clarifies terms like "document," "paper," "certification," and "law practitioner."
• Qualification and Certification: To become a notary public in Nepal, one must possess a bachelor's degree in law or an equivalent qualification, have at least five years of experience as an advocate or legal practitioner, be a Nepalese citizen, and pass a written examination and interview conducted by the council. Successful candidates receive a certificate valid for five years, which can be renewed upon application and payment of the required fees.
• Code of Conduct: The act prescribes a strict code of conduct for notaries, emphasizing confidentiality, impartiality, and professionalism. Notaries are required to maintain detailed records of their work, display their name, address, and certificate number at their workplace, and inform the council of any changes in their status within 15 days.
• Scope of Work: The act outlines the types of documents and papers that a notary can certify, attest, or translate, with certain exceptions as specified by law or the council.
• Fees and Charges: The act also sets the fees that notaries can charge for their services, ensuring that these are fair and standardized across the country.
• Disciplinary Actions: The council has the authority to suspend or revoke a notary’s certificate if they are found to have violated the provisions of the act, the rules, or the code of conduct, or if they have engaged in misconduct or negligence in their duties.

The Notary Public Rules, 2063 B.S.

To complement the Notary Public Act, the Notary Public Rules, 2063 B.S., were issued on Chaitra 14, 2063 B.S. (March 28, 2007). These rules, which have been amended three times, provide detailed regulations governing the functions and actions of notaries and the council.

Some of the key provisions of the Notary Public Rules include:

• Examination and Selection: The rules detail the procedures for the written examination and interview conducted by the council to select qualified individuals for the role of notary public. The selection process is rigorous, ensuring that only competent and ethical professionals are certified.
• Certificate and Seal: The rules provide the format and design of the certificate, seal, and register issued to each notary public. These items are crucial for the official documentation and authentication of the notary’s work.
• Training and Development: The rules mandate ongoing training programs to enhance the knowledge and skills of notaries. The council organizes these programs to ensure that notaries stay updated on legal developments and best practices in their field.
• Renewal and Cancellation: The rules outline the procedures for renewing or canceling a notary’s certificate, including the conditions under which a certificate may be revoked.
• Complaints and Appeals: The rules provide a mechanism for filing complaints against notaries or appealing decisions made by the council, ensuring accountability and transparency in the profession.
• Audit and Inspection: The council has the authority to audit and inspect the work of notaries, with auditors appointed to ensure compliance with legal standards and ethical guidelines.
• Administrative Provisions: The rules also cover various administrative aspects of the council’s operations, including meetings, budgeting, property management, and the appointment of a secretary to oversee day-to-day functions.

Conclusion

The establishment of the Notary Public Act, 2063 B.S., and the Notary Public Rules, 2063 B.S., has significantly enhanced the regulation and standardization of notary services in Nepal. By providing a clear legal framework and guidelines, these regulations ensure that notaries operate with professionalism, integrity, and accountability. The Nepal Notary Public Council plays a crucial role in overseeing the profession, ensuring that notaries are well-trained, certified, and monitored to maintain the highest standards of service.

For anyone needing to certify, attest, or translate documents in Nepal, understanding these legal regulations is essential. Notary services are now more accessible, reliable, and secure, thanks to the robust legal framework established by these laws. Whether for personal, business, or international purposes, utilizing a certified notary public in Nepal ensures that your documents meet all legal requirements and are handled with the utmost care and professionalism.

Sources:

• Notary Public Act, 2063 B.S.
• Notary Public Rules, 2063 B.S.
• Nepal Law Commission – NLC