Any government officer or any person authorized by the government responsible for drafting contracts, acknowledgments etc. or issuing certificates for protesting money claimed in exchange and other matters of an institutional character and for the performance of legal duties. According to the country’s own laws, the executive department or any other appointing authority appoints a notary public.
Notary public is called Notary for short. The word ‘notary’ is composed of the root noun ‘note’ and the suffix ‘ary’. The word originates from the Latin nota+arius , meaning shorthand scribe, clerk, etc.
The Negotiable Instruments Act 1881 regulates promissory notes, promissory notes and cheques. It became law and came into force on 1 May 1882. Section 138 of the Negotiable Instruments Act empowered the Government under the Act to appoint any person or his office as notary public. Notary public appointments are mainly made by following the Notarial Ordinance 1961 and Notarial Rules 1964 made by the Government of Pakistan. It specifies their powers, functions, salaries and allowances etc. Before the introduction of the Notarial Ordinance, notaries public were appointed in England by the Master of Faculties.
Subject to meeting the qualifications, the government can appoint any lawyer or lawyers as a notary for the whole country or for any part of Bangladesh. He should have minimum five years professional experience. There is no examination system for notary recruitment in Bangladesh and any qualified person can apply by filling the prescribed form. Such an application to the competent authority should be countersigned by at least 10 representatives of the Magistrate, bankers, merchants and dignitaries of the area concerned.
However, in Europe and America, one has to appear in a competitive examination to qualify for the appointment of notary public. Lawyers, pharmacists, doctors etc. are eligible to compete for appointment as notaries. Notaries are generally appointed for a period of three years and the appointee is issued a certificate allowing the payment of prescribed fees and permission to practice in a specific area. Any notary who has already received a certificate to work in a certain place can apply to the government to expand his work area by showing proper reasons. Every year the government publishes a list of notaries public in the government gazette. Every notary should have and use the form prescribed and designed by the government and a seal.
Functions of Notaries A notary may perform all or any of the following functions by virtue of his office:
1) Issuance, authentication, certification or attestation of any document
2) Debt, hundi or demand for acceptance or payment or making demand for greater security provision.
3) If any debt, hundi or demand is rejected as accepted or unpaid or for the provision of greater security, to register a protest or to prepare Acts of Honor under the Negotiable Instruments Act 1881 or to send such notes or notices of protest.
4) Noting and drafting of ship protest, boat protest or other commercial matters.
5) Making someone read an oath or take an affidavit.
6) Preparation of insurance and borrowing bonds on goods, various parties to contracts and other financial transaction agreements.
7) Making, attesting and authenticating any document for the purpose of being effective anywhere outside Bangladesh – in such a manner and in a language consistent with the laws of that place.
8) Translating from one language to another and verifying the accuracy of the translation.
9) Perform any other work as directed.
Collected