A Guide to the Notary Public Act, 2063: Ensuring Document Validity

Introduction

Imagine you need to submit an important legal document abroad, sign a business contract, or certify a translated document—how do you ensure its validity? This is where notarization plays a critical role. In Nepal, the Notary Public Act, 2063 (2007) provides a legal framework for document certification, attestation, and translation, ensuring that official papers hold legal weight both nationally and internationally.

Prior to this Act, there was no standardized system for notarization, and document verification was handled inconsistently by various government bodies. The enactment of the Notary Public Act, 2063 streamlined the process of certifying, authenticating, and translating legal documents, making it easier for individuals and businesses to access reliable notary public services.

In this guide, we’ll explore the provisions, purpose, and key aspects of the Notary Public Act, 2063, including the role of a notary public, eligibility criteria, the notarization process, legal responsibilities, and common FAQs.

1. Background and Purpose of the Notary Public Act, 2063

Before the Notary Public Act, 2063, document certification in Nepal was handled by government officials, law enforcement agencies, and the Law Book Management Committee. This lack of uniformity created inconsistencies, delays, and accessibility challenges.

1.1 Purpose of the Notary Public Act

• Establish a standardized framework for document certification, attestation, and translation.
• Ensure accessibility of notary services across Nepal by creating a network of licensed notary publics.
• Enhance trust and professionalism through strict regulations and oversight.
• Reduce fraud and document forgery by ensuring verified and legally recognized certifications.
• Improve legal recognition of Nepali documents in international transactions.

1.2 The Establishment of the Nepal Notary Public Council

The Notary Public Act, 2063 established the Nepal Notary Public Council (NNPC), an autonomous corporate body overseen by the Attorney General. The Council is responsible for:

• Formulating policies and regulations governing notaries public.
• Issuing licenses to qualified notaries after examinations.
• Monitoring and disciplining notaries public who fail to follow legal guidelines.
• Maintaining a national register of all licensed notaries public.

By implementing a uniform system for document verification, the Act enhances the reliability and efficiency of notarization services in Nepal.

2. Eligibility and Certification for Notary Publics

Notary publics in Nepal must meet strict eligibility criteria before they can offer notarization services.

2.1 Who Can Become a Notary Public in Nepal?

To qualify, an applicant must:

• Hold a bachelor’s degree in law or an equivalent qualification.
• Have at least five years of experience as a legal practitioner or advocate.
• Be a Nepalese citizen, ensuring a vested interest in the legal system.
• Have a clean criminal record (no offenses related to fraud, dishonesty, or moral turpitude).
• Pass a rigorous written examination and interview conducted by the Nepal Notary Public Council.

2.2 The Notary Public Examination Process

The Nepal Notary Public Council administers a written examination to evaluate the knowledge and skills of applicants. The test includes:

• Paper I (Objective) – Multiple-choice questions on the Notary Public Act, Civil Code, and Constitution (100 marks, 2 hours).
• Paper II (Subjective) – Essay-style questions assessing legal reasoning, translation skills, and document certification knowledge (200 marks, 2 hours).

Applicants who pass the written exam are invited for an interview, where their communication skills, legal knowledge, and ethical integrity are evaluated.

3. The Notarization Process in Nepal

3.1 What Does a Notary Public Do?

A notary public is authorized to:

• Certify copies of documents (e.g., passports, birth certificates, business agreements).
• Attest signatures on legal documents.
• Administer oaths and affirmations for sworn statements.
• Translate legal documents (if qualified).
• Authenticate business contracts and agreements.

3.2 How to Notarize a Document in Nepal

Step-by-Step Process

1. Visit a licensed notary public – Locate a certified notary in Nepal.
2. Submit the original document – The notary will verify its authenticity.
3. Provide identification – Government-issued ID is required.
4. Sign in the notary’s presence – The notary will witness and certify the signature.
5. Receive the notarized document – The notary seal and official certificate confirm its validity.

3.3 How Much Does Notarization Cost?

Notary fees vary depending on the document type and complexity. The cost typically ranges from NPR 500 to NPR 5,000, with higher fees for corporate and foreign-related documents.

4. Duties and Responsibilities of a Notary Public

4.1 Key Responsibilities

• Certifying document copies – Ensuring that copies match the original.
• Attesting signatures – Verifying identity and authenticity.
• Administering oaths and affirmations – Required for legal proceedings.
• Taking depositions – Documenting sworn statements.
• Translating and certifying documents (if qualified).

4.2 Limitations of a Notary Public

• Cannot offer legal advice.
• Cannot notarize documents for themselves, family members, or close associates.
• Cannot alter the contents of a document.

By maintaining a high ethical standard, notaries public uphold the integrity of legal documents.

5. Notarization vs. Legalization vs. Apostille

5.1 What’s the Difference?

• Notarization – Verifies authenticity and legitimacy of a document.
• Legalization – Required when a Nepali document is used internationally.
• Apostille – A special certification recognized under the Hague Convention.

5.2 Embassy Document Verification

Certain foreign visa and immigration documents require embassy authentication. The process includes:

1. Notarization by a certified notary public.
2. Authentication by a government agency.
3. Attestation by the relevant embassy.

Need notarization or legalization services? Visit Notary Nepal.

6. FAQs About the Notary Public Act, 2063

6.1 Why is notarization important?

• Ensures legal validity of documents.
• Prevents fraud and forgery.
• Required for international document acceptance.

6.2 Who oversees notary publics in Nepal?

The Nepal Notary Public Council, under the Attorney General’s Office, monitors and regulates notaries.

6.3 How long is a notary public certificate valid?

Five years, renewable upon application.

6.4 What documents require notarization?

• Business contracts
• Power of attorney
• Academic certificates
• Immigration documents

6.5 Can I find online notary services in Nepal?

Currently, online notarization is not legally recognized in Nepal, but digital reforms may introduce virtual notarization in the future.

Conclusion: The Role of Notary Services in Nepal

The Notary Public Act, 2063 (2007) has transformed the legal verification process in Nepal, ensuring document authenticity, reducing fraud, and streamlining legal transactions. Whether you're notarizing a contract, validating a visa application, or certifying a translation, notary publics play an essential role in the legal framework.

For notarization services in Nepal, visit Notary Nepal today!