In Nepal, notarization is a formal legal process used to verify the authenticity of documents and signatures. At Prime Law Nepal, we provide expert guidance on these legal processes to ensure compliance and accuracy. It ensures that the documents are genuine and can be legally recognized and accepted by courts, government agencies, and other official institutions. Notarization provides legal assurance that the person signing the document has done so willingly and with proper understanding, and that their identity has been verified.
One of the most common documents requiring notarization is the affidavit. An affidavit is a written statement made under oath, affirming that the contents are true to the best knowledge of the person signing it (the deponent). In legal proceedings, affidavits serve as important evidence and are often used in place of oral testimony, especially during preliminary stages or for uncontested facts. To be legally valid and admissible, affidavits must be notarized.
In Nepal, the Notary Public Act, 2063 (2007) sets out the legal process for verifying, certifying, and translating important documents. This law gives authority to licensed individuals known as Notary Publics to carry out tasks such as verifying signatures, certifying true copies of original documents, translating legal papers, and witnessing sworn statements (affidavits). These services help ensure that documents used in legal, official, or international matters are genuine and trustworthy. Notarized documents are commonly required in court cases, government offices, property dealings, immigration processes, and when submitting documents abroad. The main purpose of this Act is to prevent the use of fake or misleading documents and to ensure that legal paperwork is accurate, properly certified, and recognized both nationally and internationally.
Notary Public Qualification Requirements
Under Chapter 3 of the Notary Public Act, 2063 (2007), specific provisions are laid out regarding the certification process for individuals who wish to act as a Notary Public in Nepal.
Section 10 strictly prohibits anyone from performing notarial functions without first obtaining an official certificate. This ensures that only qualified and legally recognized individuals are allowed to carry out important legal duties such as document certification, translation, and attestation.
Section 11 outlines the requirement to pass a Notary Public examination. Any individual who wishes to be certified must successfully complete this examination, which covers translation and other tasks designated by the Notary Public Council. The Council of Examinations has the authority to either conduct the examination itself or assign it to a recognized legal training institution or legal examination body. Additionally, the curriculum, type of exam, and examination process are determined and prescribed by the Council to ensure uniformity and competence in the notarial profession.
These provisions help maintain the integrity, quality, and legality of notarial services in Nepal.
Step-by-Step Process of Notarization in Nepal
Prime Law Nepal assists clients through each step of the notarization process, ensuring documents meet all legal standards.
- Visit a Licensed Notary Public
- Submit the Original Document
- Provide Proper Identification
- Sign the Document in the Notary’s Presence
- Receive the Notarized Document
Visit a Licensed Notary Public
The first step is to locate and visit a licensed notary public. In Nepal, notaries are certified under the Notary Public Act, 2063 (2007) and are authorized to verify, attest, and certify documents. A list of registered notaries can be found through the Nepal Notary Public Council or at local courts.
Submit the Original Document
You must present the original version of the document that needs to be notarized. The notary will examine the document to ensure it is complete, legible, and appears to be authentic. If the document is a copy, the notary will compare it with the original to certify it as a true copy.
Provide Proper Identification
To proceed with notarization, you must provide valid, government-issued identification. This may include a citizenship certificate, passport, or national ID card. The notary uses this to confirm your identity and eligibility to sign the document.
Sign the Document in the Notary’s Presence
The document must be signed in front of the notary public. The notary will observe the signing to ensure it is done willingly and without coercion. In the case of affidavits or declarations, you may also be required to swear or affirm the truth of the contents.
Receive the Notarized Document
Once all steps are completed, the notary will apply their official seal (stamp) and signature to the document. This includes a notarization certificate, which indicates the date of notarization, the notary’s name and registration number, and verification that the process followed legal requirements. The notarized document is now legally valid and can be submitted for official or legal use.
Documents Commonly Requiring Notarization in Nepal
In Nepal, notarization serves as an official verification of the authenticity and legality of documents. It is particularly important when documents are to be used in legal, administrative, or international settings. Below are common types of documents that typically require notarization:
1. Business Contracts and Agreements
Commercial and employment contracts often need to be notarized to establish their authenticity and prevent future disputes. This includes agreements between individuals or companies for services, leases, loans, sales, and partnerships. A notarized contract carries more legal weight in court and is often mandatory for official registration processes.
2. Power of Attorney (PoA)
A Power of Attorney document allows one individual to act legally on behalf of another in financial, legal, or personal matters. In Nepal, notarization of PoA is essential to ensure that the authority granted is valid and recognized by courts, banks, and other institutions. Special PoA for property transactions or court representation must also follow the procedures outlined in the National Civil Procedure Code and Notary Public Act.
3. Academic Certificates and Transcripts
For students and professionals applying for education or jobs abroad, academic certificates, mark sheets, and transcripts must be notarized to confirm their validity. Notarized copies are often required by foreign universities, credential evaluation services, and visa authorities.
4. Immigration and Citizenship Documents
Documents used in immigration cases—such as affidavits, relationship verifications, translations of birth certificates, and citizenship papers—require notarization to be accepted by embassies, consulates, and immigration departments. This process helps authenticate the identity and claims of the applicant.
Whether it’s contracts, academic transcripts, or immigration papers, Prime Law Nepal offers trusted support to help you notarize documents correctly.
- Certification of Documents
A notary public can certify any original document, confirming its authenticity. This certification acts as legal proof that the document is genuine and has been verified by an authorized official. This process is crucial for documents used in legal proceedings, government transactions, or international matters. - Translation of Documents:
Notaries are empowered to translate documents written in one language into another. This is especially important in a multilingual country like Nepal, where official documents may need to be translated between Nepali, English, or other languages for use in courts, government offices, or abroad. The translation certified by a notary public holds official status and is accepted by relevant authorities. - Certification of Copies:
Notaries can also certify copies of original documents, ensuring that the copies are true and accurate reproductions of the originals. This function helps prevent fraud and misuse of forged documents by providing legally recognized copies for various purposes, such as submission to courts, institutions, or foreign agencies.
Our team at Prime Law Nepal works closely with certified notaries to facilitate accurate translations and official certifications.
Procedures and Fees for Document Translation and Certification by Notary Public
According to the Notary Public Act, 2063 (2007), the procedures and fees related to document translation and certification are governed by specific sections of the Act.
Document Translation (Section 28):
Anyone wishing to have a document translated must submit an application to a Notary Public. The Notary Public will verify the authenticity of the original document. If there is any doubt, the Notary may conduct necessary inquiries or consult the issuing office. Once the document’s authenticity is confirmed, the Notary Public will translate and certify the document in accordance with the law.
Certification of Copies (Section 29):
The Notary Public certifies copies of original documents by ensuring they are true and accurate copies of the originals. This certification grants the copies legal validity for official use.
Fees for Services (Section 30):
The fees charged by the Notary Public for document certification and translation services are prescribed under the Act. These fees must be paid to complete the notarization process.
Prohibited Acts for Notary Publics:
According to Section 20 of the Notary Public Act, 2063 (2007), a Notary Public is prohibited from performing certain actions to maintain impartiality and prevent conflicts of interest. Specifically, a notary shall not:
- Certify any document that has not been entered in the official register book of their office.
- Certify a document as a true copy.
- Certify any document that they have personally prepared.
- Certify documents involving their own personal interest or transactions.
- Certify documents related to their close relatives.
Penalties and Compensation under the Notary Public Act, 2063 (2007)
Penalties for Misconduct (Section 33):
The law clearly states that anyone acting as a notary without the proper certificate can face serious consequences, including imprisonment for up to three years, a fine up to NPR 150,000, or both. If a notary commits misconduct while performing their duties, they can be punished with up to four years in jail, fines up to NPR 200,000, or both.
If a notary certifies a document containing false information, they face similar penalties. Making false statements during oath-taking or providing false information as a witness can lead to imprisonment or fines as well. Those who work with a notary to certify forged or altered documents can also be punished by law. Even altering the content or date in a translated document can lead to fines or imprisonment.
Claiming Compensation for Loss (Section 34):
If someone suffers a loss because a notary misbehaved or acted improperly, they can file a complaint in the district court and ask for compensation within two years of the incident. In some cases, both the notary and the person who signed the document (or their representative) may be held responsible for the loss, especially if the notary knowingly allowed the misconduct to happen during the signing process.