Notary Act 1952,means- A person authorized to perform certain legal formalities, especially to draw up or certify contracts, deeds, and other documents for use in other jurisdictions.
Notary also known as Notary Public in common parlance is a qualified and experienced lawyer appointed by the State or Central Government on the recommendations of courts under the provisions of the Notaries Act LII of 1952,who can give an oath to a person and declare the legal document like affidavits and contracts produced before him as authentic, by affixing his seal and stamp on it of course by charging some officially prescribed fee under provision of Notaries Act,1952.
Having a notary public witness a signature is a “powerful risk management tool to prevent fraud and identity theft,” says Tim Reiniger, executive director of the National Notary Association.
A notary public is a third-party witness to not only the signature of a document but also the fact that all parties who signed did so willingly and under their own power.
A notary is a highly respected position that can be appointed by the state government. Acting as official representation of their state, notaries are held to a high standard in what is essentially a behind-the-scenes position. Their stamp of approval has a dynamic impact on property deeds, wills, powers of attorney, prenuptial agreements, and on a wide range of other activities. Notarization can be most critical when complete strangers enter into a business arrangement together.
Who is a Notary?
Notary is person appointed by the Central Government or state government under Notaries Act, 1952. The Central Government may appoint a notary for the whole or any part of the country. Likewise, the state government may appoint a notary for the entire or for any part of the state. A Notary is a public officer.
Why Notarization Is Important?
The benefits of utilizing a notary are numerous. When a notary witnesses your signing of a document and verifies said signing, that document is actually made valid for recognition in court. Having a notary witness and verify your signing of important documents is an essential step towards protecting your interests, especially since notarization safeguards you from fraud (all signers must provide identification before a notary).
When is a notarial act completed?
Every notarial act has to be done under his signature and notary seal with registered number and date.
What is a notary seal?
It is mandatory for notary to use his official seal. The Notaries Rules 1956, has prescribed the form and design of the seal to be used. It shall be plain circular seal of 5 cms diameter. It shall contain the name of notary, the jurisdictional area where he has been appointed to exercise his functions, the registration number, and circumscription “notary” and the name of the government which appointed him. The notary shall use his office seal on every document. The Evidence Act also provides that the courts should take judicial notice of seal of the notary. In the absence of the seal of the notary, the document has no evidentiary value.
Are the affidavits verified by notary admissible in courts?
The Section 139 of Code of Civil Procedure 1908 has an express provision, in this regard, where any affidavit verified by notary is admissible as evidence. Likewise, Section 297 of Code of Criminal Procedure provides for admission of affidavits verified by the notary.
Does notary public have to ensure that proper stamp duty is paid on instrument?
Before doing any act of notary, it is the duty of the notary to ensure that the proper stamp duty is paid, if not he may impound it under Section 33(1) of the Stamp Act. Apart from the regular stamp duty, the act of notary attracts additional stamp duty under Article 42 of Indian Stamp Act, 1899 and the relevant provisions of the State Act concerned.
Does notary charge any fee for doing notarial acts?
The Notarial Rules 1956, has prescribed the fee for each category of act. The rule No.10 refers to the fee to be collected by the notary. He should display rates of fee charged in conspicuous space both inside and outside his chamber or office. In addition to the fee, notary may also charge the travelling allowance by train or road at Rs.5 per kilometre.
1.Ten (seven years in case of reserved categories and woman candidates) years of practice as an advocate; OR
2.A member of the Indian Legal Service; OR
3.Office under the Central or State Government, requiring special knowledge of law, after enrolment as an advocate; OR
4.An officer in the department of Judge, Advocate- General or in the armed forces.
FEES FOR THE CERTIFICATION:
The fee for issue of first certificate of practice for 5 years( first appointment as notary) is Rs.1,000 as per the amended rules and for renewal it is Rs.500. A notary public in possession of certificate of practice in a particular area may apply for extension of his area of practice. The fees for extension of area of practice are of Rs.750.
MAIN SERVICES PROVIDED BY A NOTARY PUBLIC ARE:
1.Verify, authenticate, certify or at least the execution of any instrument;
2.Act as an arbitrator, mediator or conciliator if so required;
3.Any other act which may be described;
4.Translate and verify the translation of any documents from one language into another;
5.Act as a commissioner to record evidence in any Civil or Criminal trial if so directed by any court or authority;
6.Prepare, attest or authenticate any instrument intended to take effect in any country or place outside India in such form and language may conform the law of the place where such deed is intended to operate; OR
7.Administer oath to or take affidavit from any person.
NOTARY CAREER PROSPECTS:
Notary Public works in a variety of settings such as courthouse, courtrooms and law offices. Another option is to go into business as an independent notary, signing documents upon request.
NOTARY PUBLIC SALARY:
Financial success of a Notary depends entirely upon his experience and knowledge. Complemented by his public relations. On an average a Notary can earn as good as Rs. 1000 per day or more for his services.
Renewal of certificate of notary:
Every notary has a right to have a certificate to practice renewed for three years on payment of the prescribed fee. By virtue of Section 10, the Government is competent to order the removal of the name from the Register if the notary “has not paid any prescribed fee required to be paid by him.”