The Legal Regulations for Notary Public in Nepal

Notary Public Rules, 2063 B.S. which are the legal regulations for the notary public and their work in Nepal
A notary public is a person who is authorized to certify, attest and translate documents or papers that are required for legal purposes or for use in foreign countries. A notary public can also verify the identity and signature of the person who made the document or paper.

In Nepal, the notary public and their work are regulated by the Notary Public Act, 2063 B.S. and the Notary Public Rules, 2063 B.S. which provide the legal framework and guidelines for the notary public and their work.

The Notary Public Act, 2063 B.S.
The Notary Public Act, 2063 B.S. was enacted by the House of Representatives of Nepal on Ashoj 28, 2063 B.S. (2006/10/11 A.D.) and came into force from Falgun 1, 2063 B.S. (2007/02/03 A.D.). The act was made to provide legal provisions regarding notary public by confirming the real person who put signature on the document and to control fraud and fraudulent activities and to provide for simple and easy way in translating document and to maintain the interest of the general public.

The act established the Nepal Notary Public Council as an autonomous and corporate body under the chairpersonship of the Attorney General to make policy level provisions about the notary public, to distribute certificates of notary public, and to monitor the work of the notary public.

The act also defined the terms and concepts related to notary public, such as document, paper, certification, representative, law practitioner, etc.

The act also provided the qualifications, procedures and fees for obtaining a certificate of notary public, which is valid for five years and can be renewed upon application and payment of fees.

The act also prescribed the code of conduct, duties and responsibilities of the notary public, such as maintaining confidentiality and impartiality, keeping a record of their work in a register, displaying their name, address and certificate number at their office or place of work, informing the council about any change in their address or status within 15 days, etc.

The act also specified the types of documents or papers that can be certified, attested or translated by the notary public, except for those that are prohibited by law or by the council.

The act also fixed the fees that can be charged by the notary public for their services.

The act also empowered the council to suspend or revoke the certificate of notary public if they find that they have violated any provision of the act, rules or code of conduct, or if they have committed any misconduct or negligence in their work.

The Notary Public Rules, 2063 B.S.
The Notary Public Rules, 2063 B.S. were issued on Chaitra 14, 2063 B.S. (2007/03/28 A.D.) to regulate the functions and actions of the notary public and the council. The rules have been amended three times so far.

The rules provide the following rules for the notary public and their work:

•  The rules provide the details of the written examination and interview that are conducted by the council to select qualified persons for obtaining a certificate of notary public.

•  The rules provide the format and design of the certificate, seal and register that are issued to each notary public by the council.

•  The rules provide the curriculum and training program that are conducted by the council for enhancing the knowledge and skills of the notary public.

•  The rules provide the procedure for renewing or cancelling a certificate of notary public.

•  The rules provide the procedure for filing complaints against a notary public or appealing against a decision of the council.

•  The rules provide the procedure for auditing and inspecting the work of a notary public by an auditor appointed by the council.

•  The rules provide other provisions relating to meeting and function of council, appointment of secretary, budget of council, property of council, direction to secretary etc.

Conclusion
Notary public is a valuable service that helps people to certify, attest or translate documents or papers for legal purposes or for use in foreign countries. Notary public in Nepal is regulated by the Notary Public Act, 2063 B.S. and the Notary Public Rules, 2063 B.S. which provide the legal framework and guidelines for
the notary public and their work. The Nepal Notary Public Council is the governing body that oversees the policy, administration and monitoring of the notary public and their work.

Sources:

•  Notary Public Act, 2063 B.S.

•  Notary Public Rules, 2063 B.S.

•  Nepal Law Commission – NLC