Notary Public

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Notary Public

Notaries ordinance, 1961 and the Notaries Rules, 1964 regulate the profession of the notaries in Bangladesh under which a person is appointed as Notary, Generally, a person who has been practicing as a lawyers for a term not less than seven years or had been a member of Judicial service for a term not less than five years or had been serving as a Government servant in the legislative drafting and Law making process of the Government are eligible for appointment as a Notary.

Function of a Notary:-

A notary may do all or any of the following acts by virtue of his office, namely:-

verify, authenticate, certify or attest the execution of any instrument;

present any promissory note, hundi or bill of exchange for acceptance of payment or demand better security;

note or protest the dishonour by non-acceptance or non-payment of any promissory note, hundi or bill of exchange or protest for better security or prepare acts of honour under the Negotiable Instruments Act, 1881, or serve notice of such note or protest;

note and draw up ship's protest, boat's protest or protest relating to demurrage and other commercial matters;

administer oath to, or take affidavit from any person;

prepare bottomry and respondantia bonds, charter parties and other mercantile documents;

prepare, attest or authenticate any instrument intended to take effect in any country or place outside Bangladesh in such form and language as may conform to the law of the place where such deed is intended to operate;

translate, and verify the translation of, any document from one language into another;

any other act which may be prescribed.

Appointment Process:-

An application (Application Form) for appointment is made in the proscribed form setting forth the required particulars and that requires to be counter signed by at least ten persons including magistrates, bankers, merchant and principal inhabitants of the local areas. The competent authority shall examine every application received and hold an enquiry into the matter. In making recommendation for appointment, the competent authority shall consider the following matters, namely-

(a)	whether the applicant resides in that local area or not;
(b)	whether there is any commercial importance of that area;
(c)	whether the applicant has proper knowledge and experience in commercial law;
(d)	whether the applicant belongs to a firm of legal practitioners having a number of notaries; and
(e)	whether the applicant is more suitable than other applicants for that area.

On receipt of the recommendation of the competent authority, the Government may, subject to depositing notary certificate fee to the tragery, appoint the notary public. The notary certificate is renewed after every three years subject to depositing renewal fee. The name of the notary public is enlisted in the Government register. Every notary shall in the 1st. week of January every year, submit to the Government an annual return of the notarial acts done by him during the preceding year.

Contact

Assistant Secretary

Floor# 10th, Central Transport Pool Building

Secretariat Link Road, Dhaka.

Phone: 88+02+9566010