In Nepal, Notary Public is a Nepali national, legal practitioner for at least seven years and has received a license of Notary Public issued by Nepal Notary Public Council (NNPC) in accordance with the Notary Public Act, 2007.
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, and authenticate public documents and affidavits. They can also attest copy original certificates and as well as translate them as required.
A notary public commission is valid for five years from the date the commission was issued. The NNCP renews the license for next 5 years term upon receipt of application from the Notary Public concerned.
In order to meet the high standard of Notarial acts, the Notary is required to obtain proof (to his discretion and satisfaction), of identity, any represented legal capacity and authority, clients understanding of documentation, interpretation/or translation into or from other languages, effectiveness of documentation, validity, signature and witnessing, observance of required formalities both in Nepal and abroad, and the requirements of any relevant consular or similar authorities.
In the case of individuals, proof may be required, with production of appropriate certificates where applicable, of birth, marriage, divorce, Citizenship Certificate or Passport or statutory declaration.
Individuals should produce a current passport or citizenship certificate, in exceptional cases, other proof of similar validity and reliability, which may include identification by third parties known both to the individual and to the Notary.
Applicant should file an application along with prescribed fees/charge in a prescribed format. The applicant also should produce the proof of identification.
Application form is available in Notary Public office. Application forms can be downloaded; alternatively request can be made, and submitted by email.
According to the Notary Public Act, the Notary public should open an office in a district. He/she is not allowed to open branch office in other districts or regions other than mentioned in his/her Notary Public Certificate.
As a general rule, a notary public should not do any official act with regard to any matter in which the notary is personally involved, whether that involvement is direct or indirect. To minimize personal involvement, notaries should refrain from performing official acts for members of their family and close relatives.
Notary Public is to be considered a post of public responsibility. Therefore, generally, a Notary Public should not refuse to notarize a document solely because the individual requesting notarization is not a client or customer of the notary or the notary’s employer. Because the notary is a public official, a notary public should be available to perform notarial services for the public at large.
As a public officer, a notary should perform any notarial power to any individual who makes a reasonable and lawful request for notarization. A notary may, however, refuse to notarize a document if the notarization would result in an illegal or improper act or the notary knows that the transaction is fraudulent.
In general, each notary public is required by law to keep a fair register of all official acts performed. A fair register would include at least:
The seal is issued by the NNPC with beginning and expire date printed in it. It is a rubber stamp which makes an ink impression upon the paper. The seal must contain the following:
The NNPC has issued Notary Public Certificate for all law practitioners who wish to obtain and provide notarial service. The translator notary has to appear in a rigorous translation examination and pass the examination. The NNPC has updated list of current Notary public in its website. The translator notaries can be verified in the same website. Please click this to verify current TRANSLATOR NOTARY in Nepal.
According to the Notary Public Act, 2007, a notary public has no authority to certify a copy of a public record, a publicly recorded document, a school record or a professional license, or any other public or private document. The Notary can attest copy of such documents, if it is required.
Please see Basis of Charging
Yes, there is legal provision of compensation up to NRS 50,000. The injured party (client) may lodge case in District Court for compensation. Not only this, Notary Public is required to enter each and every document into register whether it is for attestation or certification. Failing to do this is regarded as misconduct of the Notary Public. The Notary Public who does not maintain register, or change date or text in translation copy or certifies otherwise for notarial service may face fine and jail sentence or both.
