Role and Functions of Nepal Notary Public Council

1. Legal Basis — The Notary Public Act 2063

Before 2063 BS (2006 AD), document attestation in Nepal was handled ad hoc by government officers, the erstwhile Law Book Management Committee, or lawyers under the Muluki Ain. The Notary Public Act 2063, authenticated on 28 Ashoj 2063 (11 October 2006) and commenced on 1 Falgun 2063 (13 February 2007), created a unified legal regime for notarial practice. The Notary Public Rules 2063, published in the Nepal Gazette on 14 Chaitra 2063 (28 March 2007) and amended three times since, operationalise the Act.

Section 3 of the Act states that no person may act as a notary public in Nepal without holding a valid licence issued by the Council. The Act and Rules together govern who may be licensed, what a notary may do, how fees are charged, how records are kept, and how discipline is enforced.

2. Constitution and Composition of the Council

Section 26 of the Act constitutes the Council as a body corporate with perpetual succession and a common seal. It has nine members drawn from the constitutional, executive, judicial, and professional bars of Nepal:

• Attorney General of Nepal — Chairperson
• President, Nepal Bar Association — Member
• Secretary, Ministry of Law, Justice and Parliamentary Affairs — Member
• Secretary, Office of the Prime Minister and Council of Ministers — Member
• Secretary, Nepal Law Commission — Member
• Registrar, Supreme Court — Member
• President, Nepal Bar Council — Member
• Two notaries public nominated by the Government of Nepal for a fixed term — Members
• Chief of the Council Secretariat — Member-Secretary

The Council ordinarily meets every two months. A quorum requires at least half the members. Decisions are taken by majority; the Chair has a casting vote in a tie (Rule 4).

3. Functions, Duties and Powers of the Council (Section 27)

Section 27 of the Act lists the core functions of the Council:

1. Formulating policy and standards for notarial practice in Nepal.
2. Conducting the notary public examination and issuing licences to successful candidates.
3. Renewing, suspending, and cancelling notary licences.
4. Prescribing the official notarial stamp, seal, and register under Rules 16 and 17.
5. Fixing the maximum fee a notary may charge for each notarial act (Rule 23).
6. Conducting orientation and continuing legal education programmes for notaries.
7. Inspecting notary offices and calling for records.
8. Receiving and investigating complaints of professional misconduct.
9. Imposing disciplinary sanctions (warning, fine, suspension, cancellation) under sections 20–24.
10. Advising the Government on amendments to the Act and Rules.
11. Coordinating with the Ministry of Foreign Affairs (MoFA) for consular attestation and legalisation of notarised documents.
12. Maintaining the public register of licensed notaries and publishing it on the Council website.

4. What a Notary Public Does — Section 4 Functions

Section 4 of the Act defines the lawful functions of an individual notary public. A licensed notary may:

• Attest the genuineness of a signature, thumbprint, seal, copy, or photograph of any document.
• Certify that a person has personally appeared and signed a document.
• Translate a document from Nepali to English (or another prescribed language) and certify the translation.
• Record and certify affidavits, statements, declarations, and oaths.
• Prepare and authenticate powers of attorney.
• Receive and retain deposits of documents (e.g., wills) for safekeeping.
• Record protests of negotiable instruments under the Negotiable Instruments Act.
• Record proceedings, minutes, or any matter the law requires to be notarised.

A notary must not act outside these functions. Drafting deeds of sale of immovable property, for example, is the exclusive domain of the Land Revenue Office and not of a notary.

5. Who Can Become a Notary — Licensing (Sections 7–13)

Sections 7–13 of the Act and Rule 6 of the Rules prescribe the eligibility and process:

5.1 Eligibility

• Nepali citizen of sound mind, aged 25 years or above.
• Holds a law degree (LL.B. or equivalent) recognised by the Nepal Bar Council.
• Has practised as an advocate or served as a gazetted judicial officer for at least seven years, or has practised law for a shorter period with equivalent legal service as prescribed.
• Not convicted of an offence involving moral turpitude.
• Not insolvent, of unsound mind, or disqualified by a court.

5.2 Application and Examination

1. The Council issues a public notice in the Nepal Gazette inviting applications.
2. Applicant files Form No. 1 with fee, citizenship, degree, practising certificate, and character reference.
3. The Council conducts a written and viva-voce examination on the Notary Public Act, Rules, Evidence Act, Muluki Civil & Criminal Codes, and professional ethics.
4. Successful candidates attend a mandatory orientation training conducted by the Council.
5. On completion of training and payment of licence fee, the Council issues a licence in Form No. 3 specifying the working area (district) of the notary.

6. Licence Validity, Renewal, and Area of Practice

Rule 8 of the Notary Public Rules 2063 sets the licence validity at five years. A notary must apply for renewal within the last month of the expiring term by paying the prescribed renewal fee. A grace period with late fee is available for up to one additional year; beyond that the licence lapses and the applicant must re-qualify.

The licence specifies the district in which the notary may practise. A notary may perform acts outside that district only where the Council grants written permission or where the parties travel to the notary's registered office. Online or video notarisation is not yet recognised under the Act — physical appearance remains mandatory under section 4(1).

7. Fee Schedule — Rule 23 Ceilings

Rule 23 of the Notary Public Rules empowers the Council to prescribe maximum fees. The current indicative ceilings published by the Council are:

A notary must issue a dated receipt for every fee collected and record it in the register. Charging above the ceiling is a disciplinary offence.

8. The Notarial Stamp and Register

Stamp (Rule 16): Every notary is issued a uniform circular stamp bearing the Nepal national emblem, the notary's name, licence number, and district. The stamp is affixed to every notarised document along with the notary's signature and the date in both Bikram Sambat and Anno Domini calendars.

Register (Rule 17): Each notary maintains a bound register in Form No. 7 recording, in serial order: date, party names and addresses, document type, fee charged, and signature/thumbprint of parties. The register must be preserved for 15 years and is subject to inspection by the Council or a court.

9. Code of Conduct and Disciplinary Process (Sections 20–24)

A notary is bound by a statutory code of conduct that prohibits:

• Notarising a document without the physical appearance of the party.
• Attesting a blank or incomplete document.
• Notarising documents of close relatives (spouse, parent, child, sibling) or documents in which the notary has a personal interest.
• Charging above the prescribed ceiling.
• Practising outside the licensed district without permission.
• Advertising services in a misleading manner.
• Delegating the notarial act to any other person.

On receipt of a written complaint (or suo motu), the Council forms an investigation committee, serves a show-cause notice, hears the notary, and issues a reasoned order. Available sanctions under sections 22–24 are:

1. Written warning.
2. Fine up to NPR 50,000.
3. Suspension of the licence for up to one year.
4. Cancellation of the licence.

An aggrieved notary may appeal to the Patan High Court within 35 days of the Council's decision (section 24A).

10. Role in the Legalisation Chain for Use Abroad

Nepal is not a party to the Hague Apostille Convention, so documents destined for use abroad go through consular attestation rather than apostille. A notarised document intended for use abroad typically follows this chain:

1. Notary Public — attests signature, copy, or translation.
2. District Court / Ministry of Law, Justice and Parliamentary Affairs — verifies the notary's signature and seal for certain documents.
3. Ministry of Foreign Affairs (Consular Service Department), Tripureshwor, Kathmandu — affixes the consular attestation stamp.
4. Destination country embassy or consulate — final legalisation in Kathmandu or New Delhi.

The Council's role here is limited to maintaining the specimen-signature database that MoFA consults to authenticate a notary's seal.

11. Public Register and How to Verify a Notary

The Council publishes a searchable register of licensed notaries on notarycouncil.gov.np, showing name, licence number, district, and current status (active / suspended / cancelled). Before engaging a notary, the public should:

• Verify the licence number on the Council website.
• Check that the stamp used matches the prescribed format under Rule 16.
• Obtain a dated receipt and a serial entry in the register.
• Confirm that the notary is practising within the licensed district.

12. How to File a Complaint Against a Notary

1. Write a signed complaint addressed to the Member-Secretary, Nepal Notary Public Council, Babarmahal, Kathmandu.
2. Attach a copy of the notarised document, fee receipt, and any evidence.
3. Submit in person, by registered post, or via the online grievance portal.
4. The Council acknowledges within 15 days and forms an investigation committee.
5. A reasoned order is issued after hearing both parties; appeal lies to the Patan High Court.

13. Contact the Council

14. Common Misconceptions

• "A notary can issue a marriage certificate." — False. Marriage registration is done by the Local Level Registrar; a notary only attests supporting affidavits.
• "A notary can perform online/video notarisation." — Not yet. The Act still requires physical appearance.
• "A notary's stamp is enough for use abroad." — Usually no. Foreign use generally requires MoFA consular attestation and destination embassy legalisation on top of the notary stamp.
• "Any lawyer is a notary." — No. A notary must hold a separate licence from the Council.
• "Fees are negotiable." — Only within the Council-prescribed ceiling; receipts are mandatory.