Notary Public Act of Nepal: Roles, Duties, Penalties, and Legal Procedures

The Notary Public Act of Nepal is a significant legal framework that governs the roles, responsibilities, appointment, and regulation of notary publics across the country. Enacted to ensure the authenticity, credibility, and formal validation of legal documents, the Act plays a vital role in promoting transparency and reducing document-related fraud and forgery. Prior to the introduction of this Act, there was a lack of standardized procedures for document verification, leading to inconsistencies and vulnerabilities in legal and administrative processes. The Notary Public Act addresses this gap by establishing clear rules for verifying, certifying, and attesting documents that are essential for personal, commercial, and governmental transactions.

The Act ensures that notary publics are appointed through a regulated, merit-based process and are held to high ethical and professional standards. It provides guidelines for fee structures, code of conduct, record-keeping, and jurisdictional authority, thereby ensuring that notarial services are accessible, fair, and trustworthy. The work of notary publics under this Act is now crucial in real estate dealings, educational certifications, employment contracts, and international documentation. By strengthening the integrity of Nepal's legal system, the Notary Public Act serves as an important mechanism to protect citizens' rights and facilitate smooth, transparent administrative processes throughout the country.

Eligibility to Become a Notary Public in Nepal

The following individuals are qualified to apply for the position of Notary Public in Nepal:

• Legal professionals who have at least seven consecutive years of legal practice.
• Retired Gazetted Second-Class Officers from the Nepal Judicial Service.

Disqualifications for Notary Public

The following individuals are not eligible to serve as a Notary Public in Nepal:

• Those who fail to pass the required examination.
• Individuals who do not meet the prescribed qualifications.
• Persons who have been convicted of serious criminal offenses.
• Individuals known to have a bad reputation or questionable character.
• Non-citizens of Nepal.
• Individuals who have been legally declared insolvent.
• Persons suffering from mental health conditions that impair their judgment or ability to perform duties.

Certificate Validity and Renewal Process

To obtain a Notary Public Certificate, interested individuals must submit an application to the Nepal Notary Public Council along with the necessary fees. The Council forms a committee to review each application and provide recommendations based on the candidate’s eligibility.

Once approved, the Notary Public Certificate is valid for five years. To maintain active status, notaries must apply for renewal at least 60 days before the certificate expires, accompanied by the applicable renewal fees.

Conditions for Certificate Cancellation

The Notary Public Certificate may be revoked under the following circumstances:

• If the individual is convicted of a serious criminal offense.
• Upon the death of the certificate holder.
• If the individual is found to have deteriorated mental health that impacts their ability to perform their duties.
• Failure to apply for renewal within the required timeframe.

Functions and Duties of a Notary Public in Nepal

Authorized Functions

According to Section 19 of the Notary Public Act, the following tasks fall under the responsibilities of a Notary Public:

• Document Certification: Officially validate documents to confirm their authenticity.
• Document Translation: Translate documents from one language to another while ensuring accuracy.
• Attestation of Copies: Verify and attest that copies of documents are true and accurate representations of the originals.

Prohibited Activities

Notary Publics are strictly forbidden from engaging in the following actions:

• Certifying documents that have not been properly recorded in the notary’s official register.
• Certifying original documents as these require separate legal processes.
• Certifying documents that involve their own personal interest or transactions.
• Certifying documents that involve the interests of their immediate family members as outlined in relevant regulations.
• Disclosing confidential information obtained during the certification process without permission from the involved party, except when legally required.
• Altering, amending, or removing information from documents entrusted to their safekeeping.
• Certifying documents without following the proper legal procedures detailed in Section 27 of the Act.
• Certifying negligently or without proper legal authority.
• Charging excessive fees beyond the rates officially set for certification or translation.
• Translating documents that are ambiguous or suspicious.
• Modifying the date, serial number, or content of documents during the translation process.
• Performing notarial duties outside their designated jurisdiction.
• Certifying documents without the required presence of the individual responsible for creating or submitting the document.
• Engaging in actions that violate the Code of Conduct for notary publics.
• Acting in contradiction to the provisions of the Notary Public Act or its related Rules.

Document Certification and Translation Procedure by Notary Public in Nepal

When a person needs a document to be certified by a Notary Public in Nepal, they are required to submit a formal application following the format specified by the concerned authority. This application serves as the official request for document verification and certification.

As part of the application process, the individual seeking certification must bring two family members to act as witnesses. These witnesses must also present valid identification documents to prove their identity before the Notary Public. The presence of these witnesses is essential, as they help confirm the authenticity and validity of the request.

Upon receiving the application, the Notary Public is responsible for thoroughly verifying the identity of the applicant, the witnesses, and the authenticity of the documents submitted. To ensure the credibility of the certification, the Notary Public may request additional supporting documents, conduct in-person interviews, or ask for written statements from the applicant and witnesses. This verification process is critical to prevent fraudulent activities and to uphold the legal integrity of the documents being certified.

Procedure for Paper Translation

If a person seeks to have a document translated through a Notary Public, they must submit a written application specifically requesting translation services. This application must clearly mention that the purpose is to translate the document into another language.

After receiving the application, the Notary Public begins the process by carefully reviewing the document that needs to be translated. The Notary Public has the right to investigate or further verify the authenticity of the document before proceeding. If there are any doubts or unclear information regarding the document, the Notary Public can ask for additional clarification or request supplementary documents from the applicant to support the credibility of the paper.

Once the Notary Public is fully satisfied that the document is reliable and authentic, they are authorized to translate it into the requested language. After the translation is completed, the Notary Public must officially verify and endorse the translated document according to the procedures outlined in the Notary Public Act and related regulations.

The entire process is designed to ensure the integrity, accuracy, and trustworthiness of both document certification and translation services. These procedures protect individuals, institutions, and the legal system from fraudulent documents and guarantee that certified or translated papers hold legal value across various sectors in Nepal.

Penalties and Compensation under the Notary Public Act of Nepal

• Unauthorized Practice:

Individuals working as a Notary Public without a valid certificate can face up to 3 years in jail, a fine up to NPR 1,50,000, or both.

• Professional Misconduct:

Notary Publics found guilty of misconduct may receive up to 4 years of imprisonment, a fine up to NPR 2,00,000, or both.

• Submission of False Documents:

Anyone submitting fake documents for certification can be punished with up to 4 years in prison, a fine up to NPR 2,00,000, or both.

• False Oath:

Individuals who provide false information under oath can face up to 3 months of imprisonment, a fine up to NPR 15,000, or both.

• False Witnesses and Misidentification:

Those giving false testimony, providing incorrect identification, or submitting false written statements may be penalized with up to 6 months in jail, a fine up to NPR 25,000, or both.

• Fraudulent Association with Notary Public:

Individuals who fraudulently assist or engage in deceitful activities with a Notary Public may face up to 1 year in prison, a fine up to NPR 50,000, or both.

• Document Alteration in Translation:

Anyone who intentionally changes the content of a document during translation can be penalized with up to 3 months of imprisonment, a fine up to NPR 50,000, or both.

• Violation of the Act and Rules:

For other breaches of the Notary Public Act or its related rules, violators can face up to 3 months in jail, a fine up to NPR 15,000, or both.

The Notary Public Act of Nepal is a vital legal framework that ensures the proper certification, translation, and verification of documents, promoting accuracy, reliability, and public trust in legal processes. It establishes clear qualifications, responsibilities, and ethical standards for notary publics, safeguarding the authenticity of official documents. By regulating notarial practices, the Act helps prevent fraud, protects individual rights, and supports smooth administrative, legal, and commercial operations across the country. Through strict procedures, penalties, and continuous oversight, the Act plays a crucial role in maintaining the integrity and transparency of Nepal’s legal and documentation systems.