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NOTARIES PUBLIC ACT
ARRANGEMENT OF SECTIONS
- Short title.
- Appointment of notaries.
- Oath of office.
- Register of notaries.
- Fees.
- Notaries to be officers of the Supreme Court.
- Revocation of appointment of notary by the Supreme Court.
- Suspension of notaries.
- Judges may suspend notaries temporarily.
- Constitution of Supreme Court on inquiring into complaint against a notary.
- Existing notaries to be entered in register.
- Register to be revised.
- Where notary refuses to act.
- Refusal to act to be noted on document.
- Penalty for misfeasance.
- Offences.
- Notariesex officio.
- Jurat to state where oath is taken.
- Notary not to act when interested.
- Special exemption of notaries appointed by the Master of Faculties.
- Transitional provisions.
SCHEDULES
FIRST SCHEDULE
Oath of office
SECOND SCHEDULE
Notaries fees of office
NOTARIES PUBLIC ACT
An Act to provide for the appointment of notaries public, and their registration and to regulate the duties of the office of Notary Public.
[1st October,1936] [Commencement.]
- Short title
This Act may be cited as the Notaries Public Act.
- Appointment of notaries
(1) The Chief Justice of Nigeria may appoint any fit and proper person being a legal practitioner to be a notary public for Nigeria (in this Act referred to as a “notary” or as a “notary public”).
(2) A notary appointed by the Chief Justice of Nigeria shall perform the same duties and exercise the same functions as a notary in England.
- Oath of office
A notary before being admitted to and entering on the duties of his office shall take and subscribe the oath set out in the First Schedule to this Act before the Chief Justice of Nigeria or before such person as the Chief Justice of Nigeria may appoint.
- Register of notaries
(1) The Chief Registrar of the Supreme Court shall keep a register in which he shall enter the name and address of every person who shall be appointed to the office of notary and the date of his appointment and admission.
(2) Every person appointed by the Chief Justice of Nigeria as a notary and whose name is entered in the register shall be entitled to a certificate to the effect that he has been registered as a notary public for Nigeria.
(3) It shall be the duty of all notaries to inform the Chief Registrar of any changes in their address.
- Fees
(1) A notary shall not charge for the performance of any of the duties of his office any sum in excess of the fees set out in the Second Schedule to this Act.
(2) Any such fees received by a Government officer for the discharge of notarial duties shall form part of the Consolidated Revenue Fund of the Federation and be paid by that officer into the Treasury.
(3) The Chief Justice of Nigeria may by order, alter or revoke the fees prescribed in the Second Schedule to this Act and may specify the fee which may be charged in respect of any notarial act not specifically mentioned in the said Schedule.
- Notaries to be officers of the Supreme Court
Every notary shall be deemed to be an officer of the Supreme Court.
- Revocation of appointment of notary by the Supreme Court
If a notary is convicted of any offence, or be adjudged guilty of any misconduct whether in his capacity as a notary or otherwise, the court before which he is so convicted or by which he is so adjudged shall make a report thereof to the Chief Justice of Nigeria and the Supreme Court may revoke his appointment and direct the Chief Registrar to remove the name of the notary from the register.
- Suspension of notaries
In addition to the provisions contained in section 7 of this Act, the Supreme Court shall have power for reasonable cause to suspend such notary from practicing during any specified period or to order his name to be struck off the register.
- Judges may suspend notaries temporarily
Any Justice of the Supreme Court may suspend a notary temporarily from practicing as a notary pending a reference to and the decision by the Supreme Court of any complaint against the said notary.
- Constitution of Supreme Court on inquiring into complaint against a notary
(1) The powers conferred upon the Supreme Court by sections 7 and 8 of this Act shall be exercised by any three Justices of that Court sitting together.
(2) The decision of the majority of the three Justices, in case they shall not agree on their opinion, shall be taken to be the decision of the Supreme Court.
- Existing notaries to be entered in register
The names and particulars of all persons who are enrolled on the roll of court kept in accordance with the provisions of the Notaries Public Act hereby repealed, and who are living when this Act comes into force shall be entered in the register to be kept by the Chief Registrar of the Supreme Court under section 4 of this Act.
- Register to be revised
(1) Where the Chief Registrar of the Supreme Court has reason to believe that a notary, whose name is on the register kept under this Act, has left Nigeria and is not returning to Nigeria or is dead, he shall publish in the FederalGazettea notice to the effect that unless the said notary shall show cause to the contrary his name will be removed from the register on a date to be specified in the notice, not being less than three months from the date of the notice, and on the specified date, if cause has not been shown to the contrary the Chief Registrar shall remove the name of the said notary from the register.
(2) After a name has been removed from the register the Chief Registrar of the Supreme Court shall, if possible, inform the notary by notice sent to the address of thenotary, that his name has been removed from the register and the date of such removal.
- Where notary refuses to act
(1) In any case where the circumstances appears to a notary public to be suspicious or not warranting the protest or other notarial act demanded, the said notary may refuse to act.
(2) Any person who considers himself aggrieved by such refusal may apply to a Judge of the High Court of a State or of the Federal Capital Territory, Abuja for an order calling upon the said notary to act in the execution of his office:
Provided that before applying for such order such person shall cause reasonable notice of the application to be given to the said notary and to such person in Nigeria, if any, as may be interested in the subject of the protest or other notarial act demanded.
(3) Upon receipt of any such application, the Judge to whom the application is being made may require the notary public refusing to act either to record in writing his reasons for so refusing to act or to attend in person and give his reasons and any other person who
is interested shall be entitled to be heard by the Judge.
(4) The High Court to which an application may be made under this section shall be the High Court having jurisdiction in that part of the Federation where the refusal inrespect of which the application is made took place.
(5) The Chief Judge of a State or of the Federal Capital Territory, Abuja may make rules for regulating the practice in respect of appeals under this section.
- Refusal to act to be noted on document
Whenever a notary public refuses to act as aforesaid, he shall mark upon the document in respect of which the protest or other notarial act is demanded, his refusal, his signature and the date of his refusal.
- Penalty for misfeasance
Any notary public or other person who wilfully certifies or propounds any false statement or document, or who fraudulently or with intent to deceive conceals, withholds or perverts any fact or document pertinent to the subject of a protest or other notarial act, is guilty of an offence and liable on conviction, to imprisonment for a term of two years.
- Offences
Any person who is suspended from practicing as a notary or whose name is not on the register as a notary who makes, does, exercises or performs any act, matter or thing appertaining or belonging to the office, function or practice of a notary public or who being suspended from practicing as a notary purports to act in any capacity as a notary public is guilty of an offence and liable on summary conviction to a fine of N100 or to imprisonment for a term of four months.
- Notariesex officio
(1) All magistrates and also the collectors of customs and excise at the ports in Nigeria shallex officiobe notaries public:
Provided that a collector of customs and excise shall only exercise the duties of a notary in respect of minuting or noting or extending ships’ protests and such collectors shall not exercise any of these duties at any part at which a notary appointed by the Chief Justice of Nigeria is available.
(2) Allex-officionotaries shall use a seal bearing thereon the name of their offices and in addition the words “Notaryex officio”.
- Jurat to state where oath is taken
Every notary before whom any oath or affidavit is made under this Act shall truly state in the jurat of attestation at which place and on what date the oath or affidavit is taken or made.
- Notary not to act when interested
No notary shall exercise any of his powers as a notary in any proceedings or matter in which he is interested.
- Special exemption of notaries appointed by the Master of Faculties
(1) Any person who by virtue of a faculty granted by the Master of Faculties in England is authorised to act as a notary public in Nigeria may act as a notary public in any part of Nigeriaand sections 2 to 12 and 16 to 19 inclusive of this Act shall not apply to any such person.
(2) The Chief Registrar of the Supreme Court shall enter in a separate part of the register kept by him in accordance with section 4 of this Act, the name of any person who by virtue of a faculty granted by the Master of Faculties in England is authorised to act as a notary public in Nigeria or any part thereof and who has complied with the provisions
of subsection (3) of this section.
(3) Any person who desires to be enrolled under this section of this Act shall make application in writing to the Chief Registrar and shall produce to him his notarial faculty duly registered and subscribed by the Clerk of the Crown in Chancery.
(4) The Chief Registrar shall remove from the register aforesaid the name of anynotary whose name has been struck off the roll of notaries public by the Court of Faculties.
- Transitional provisions
As from the 1st of January, 1956, all notaries who immediately before that date were entered in the register of notaries kept by the Chief Registrar of the Supreme Courtestablished under the Supreme Court Act shall be deemed to have been entered in theregister to be kept by the Chief Registrar of the Supreme Court under section 4 of this Act.
[L.N. 107 of 1955. Cap. 211 of 1948 Edition.]
SCHEDULES
FIRST SCHEDULE
[Section 3.]
Oath of Office
I, A.B., do swear, that I will faithfully exercise the office of a notary public;
I will faithfully make contracts or instruments for or between any party or parties requiring the same, and 1 will not add or diminish anything without the knowledge and consent of such party or parties that may alter the substance of the fact; I will not make or attest any act, contract or instrument in which I shall know there is violence or fraud; and in all things 1 will act uprightly and justly in the business of notary public according to the best of my skill and ability.
So help me God.
SECOND SCHEDULE
[Section 5.]
Notaries fees of office | N | K |
Noting protest on bill or note | 5. | 25 |
Extending protest on bills of exchange or promissory notes | 7. | 50 |
Should the acceptor or drawer of a bill or note reside out of town, and the notary have to present the bill or note, a further charge for the first mile of | 1. | 50 |
And for every additional mile | 30 | |
Minuting or noting ship’s protest | 15. | 00 |
Extending ship’s protest | 40. | 00 |
Furnishing copy of extended protest | 15. | 00 |
Attestation to any document | 5. | 00 |
Declaration thereto for each additional declarant | 1. | 25 |
Attendance, each | 2. | 25 |
Translations | ||
For every folio of 72 words | 3. | 00 |
Attestation to translation | 5. | 00 |
Translation of common attestation to power for stocks | 5. | 00 |
SUBSIDIARY LEGISLATION
No Subsidiary Legislation
FAQs
What is the most common mistake made by a notary? ›
Failing to require signers to be present at the notarization is the number one claim of misconduct against Notaries.
What disqualifies you from being a notary in Georgia? ›Drugs, possession for sale and sale. Embezzlement. Escape without force. Failure to comply with a court order.
What is 3 104 of the Illinois notary public act? ›Section 5 ILCS 312/3-104 - (Text of Section after amendment by P.A. 102-160) Maximum Fee (a) Except as otherwise provided in this subsection (a) , the maximum fee for non-electronic notarization in this State is $5 for any notarial act performed and up to $25 for any notarial act performed pursuant to Section 3-102.
Can a Texas notary notarize for a family member? ›May I notarize for my relatives? There is no specific prohibition against notarizing a spouse's or relative's signature or notarizing for a spouse's business. However, notarizations should not be performed by a notary public who is a party to the instrument or financially or beneficially interested in the transaction.
Can you cross out a mistake on a notarized document? ›The only way to fix a mistake is for the Notary and signer to meet again to complete a new notarization.
Can you notarize a document that wasn t signed in front of you? ›One of the main ways that a notary prevents fraud in written transactions is to require that the document signer personally appear before the notary at the time of the notarization. In fact, the law prohibits a notary from notarizing a signature if the signer is not present.
What is the hardest state to become a notary? ›California has some of the strictest application requirements for Notaries in the U.S. — involving a required training course and background check — and the mandatory exam is among the most challenging in any state.
What is the maximum a notary can charge in Georgia? ›FEES OF NOTARIES
Each attendance on any person to make proof as a notary public -- $2.00. Every other certificate -- $2.00. It is not lawful to charge more than $4.00 for each service performed.
Yes, because some convictions may disqualify you from holding the office of notary public. Please contact an attorney for legal advice to determine whether your final conviction will affect the current term of your notary commission.
What are 2 two of the 4 four qualifications for the office of notary public in North Carolina? ›To become a North Carolina notary public, a notary applicant must meet the following requirements: Be at least 18 years of age or legally emancipated. Reside or have a regular place of work or business in North Carolina. Reside legally in the United States.
How long is the notary public class? ›
All persons seeking appointment as a notary public must satisfactorily complete a Secretary of State approved six-hour course of study prior to appointment.
What is the public act 102 0160? ›REMOTE NOTORIZATIONS (SB 2664/PA 102-0160) Legislation amends the Illinois Notary Public Act to authorize both remote notarizations and electronic notarizations for real estate and other transactions.
Can I notarize for my mother in law in Florida? ›Avoid Notarizing for Family Members
Aside from the financial interest issue, a Florida notary is prohibited from notarizing the signature of a close family member.
Texas Identification Requirements
Only valid, non-expired identification, with a photograph is acceptable. These Guidelines are set by the State of Texas, and can be found on the Secretary of State's website, and are not at the discretion of your notary.
On the other hand, other states prohibit notarizing documents for specific family members. For instance, Massachusetts does not allow notarizing the signatures of a notary's parents, spouse, or children.
Is it okay if notary stamp is upside down? ›An upside-down seal impression could cause a document to be rejected by the receiving agency. It's recommended to leave a second seal impression (right-side up). If there is no room for a second impression, the signer should check with the receiving agency to ensure attaching a new Notary certificate is acceptable.
Can I use white out in my notary journal? ›Notaries should never white-out or blacken-out incorrect information. Changes made to entries in a notary record book using correction products are not likely to be accepted in a court of law. This is especially true for entry corrections involving conveyances of real estate.
Can the same document be notarized twice? ›Yes, it is OK. You may notarize multiple copies of an original document provided that the signer's signature on each copy is an original signature made in pen and ink and your notarization is “original” for each one. Confronted with a tricky notarization?
Can you perform the notarization if the document presented to you has two signatures and only one of the signers appears in Ohio? ›Yes, you can Notarize the signature of the person appearing before you. When you fill out the Notary verbiage, you must only enter the name of the persons appearing before you.
What does subscribed mean for a notary? ›Subscribed simply means signed; the subscriber is the signer of a document or the party requesting notarization.
When using a credible witness to identify the signer the notary must do what? ›
However, when using a credible witness to verify the identity of a signer, a notary public must first administer an oath or affirmation to the credible witness (who will attest that the signer has the identity claimed) to compel truthfulness under the penalty of perjury.
Which notaries make the most money? ›As we mentioned earlier, Signing Agents are some of the busiest of all Notary Publics. For this reason, they also tend to earn the highest income. A Signing Agent (also known as a “courtesy signer”) is a Notary that receives additional training and a special certification to participate in real estate matters.
What state pays notaries most? ›District of Columbia pays the most for Mobile Notary, followed by California and New Jersey. The salary of a Mobile Notary in District of Columbia is 11.32(%) higher than $100,870(national average). In states with high Mobile Notary salaries, there are more relevant career opportunities.
What are the cons of being a notary? ›- Steady income can be difficult.
- You could be sued for a lot of money.
- Upstart and upkeep costs can add up.
What is remote online notarization (RON)? RON is the process of notarizing a document remotely through the use of electronic signature, identity verification, audio-visual communication and electronic notarial journal and record keeping technologies.
Can I notarize for family in Georgia? ›Anywhere in the state of Georgia. Who can I notarize for? As a notary/signing agent, you can notarize for any member of the public who makes a sensible request and meets all the requirements for notarization. It is recommended, as a guiding principle, to avoid notarizing any documents for family members.
How much do most notaries charge? ›You may need to hire a notary to witness a signature on a legal document, such as a will, real estate document, power of attorney or contract. This service is usually affordable. Most notaries charge by either the document or signature, at a rate of anywhere from $1 to $20.
How much can you charge as a mobile notary in GA? ›The authorized fee is $2.00 for each notarial act.
How long does a notary last in GA? ›Georgia notaries public are commissioned for four-year terms by the Clerk of Superior Court in their county of residence (with a neighboring-state resident exception, see Notary Public Frequently Asked Questions). The fee for a new notary appointment or for reappointment is $36.00 - $51.00.
How much does a notary public make in Georgia? ›$22,563 is the 25th percentile. Salaries below this are outliers. $80,918 is the 90th percentile. Salaries above this are outliers.
What are the two most common notarial acts? ›
The most common ones being jurat and acknowledgement. There are key differences, and key words, that can help you decipher which one to administer.
Can you take the notary public class online? ›And, the answer may shock you. It's true! You can take a notary class online and become a notary without having to go to a physical classroom for the training.
What are two 2 disqualifications for the office of notary public in North Carolina? ›(1) Submission of an incomplete application or an application containing material misstatement or omission of fact. (2) The applicant's conviction or plea of admission or nolo contendere to a felony or any crime involving dishonesty or moral turpitude.
How long have notaries been around? ›The earliest evidence of notary public were the scribes used in Egypt, dating back to 2750 BC. These chroniclers were entrusted with handling official communications, including letters, proclamations or tax documents which must go through their hands to be effective.
How many times can you take the notary exam in PA? ›The PA Notary exam is available for online testing. The Notaries Bureau within the Pennsylvania Department of State only allows only ONE attempt to take the PA Notary Exam via Online Testing.
How much does a notary public make in California? ›As of Jun 2, 2023, the average annual pay for a Notary in California is $51,082 a year. Just in case you need a simple salary calculator, that works out to be approximately $24.56 an hour. This is the equivalent of $982/week or $4,256/month.
What is public law 94 435? ›The Hart–Scott–Rodino Antitrust Improvements Act of 1976 (Public Law 94-435, known commonly as the HSR Act) is a set of amendments to the antitrust laws of the United States, principally the Clayton Antitrust Act. The HSR Act was signed into law by president Gerald R. Ford on September 30, 1976.
What is Public Act 101 0455? ›The School Code has been amended by Public Act 101-0455 to require all school districts to implement a threat assessment procedure that must create a threat assessment team.
What is public law 104 188? ›To provide tax relief for small businesses, to protect jobs, to create opportunities, to increase the take home pay of workers, to amend the Portal-to-Portal Act of 1947 relating to the payment of wages to employees who use employer owned vehicles, and to amend the Fair Labor Standards Act of 1938 to increase the ...
Can I notarize for my girlfriend in Florida? ›Florida law denotes you cannot notarize for certain family members: spouse, son, daughter, mother, or father. Even though the law only has certain family members, many authorities say do NOT notarize for any family members. Once again, you may compromise your role as an impartial witness.
Can I notarize a handwritten letter in Florida? ›
As always, if you are concerned about the notarization you can refuse to complete it. The handwritten document would be approached like any other document. The same procedures need to be followed, such as physical presence, no blanks, the name on the ID and the name on the document must match.
Can a Florida notary marry someone? ›Florida is one of only three states (the other two are South Carolina and Maine) which authorize their Notaries Public to "solemnize the rites of matrimony." A Florida Notary may perform a marriage ceremony providing the couple first obtain a marriage license from an authorized Florida official and may only perform a ...
Can I notarize for my husband in Texas? ›May I notarize for my relatives? There is no specific prohibition against notarizing a spouse's or relative's signature or notarizing for a spouse's business. However, notarizations should not be performed by a notary public who is a party to the instrument or financially or beneficially interested in the transaction.
Can a notarized document be voided? ›If the signer didn't appear or sign the documents used to foreclose in front of the notary- the documents are VOID. Notaries have been implicated in attesting under oath that certain events occurred in order to legitimize improperly transferred notes and flawed mortgage documents.
How do I notarize a will in Texas? ›In it, you and your witnesses state that your will was signed by you in the witnesses' presence, and that you've declared it to be your will. Your self-proving affidavit must be signed (or acknowledged) by both you and your witnesses in front of a notary, who will then notarize the affidavit.
How do I notarize a power of attorney in Texas? ›The document should be clearly titled Power of Attorney. The POA should state the date when the POA goes into effect or specify the circumstances in which it would be enacted. Ask the principal to sign the POA. Next, notarize the document by imprinting your stamp or seal on it.
What is influencing a notary to perform improperly? ›Any person who solicits, coerces, or in any manner influences a notary public to perform an improper notarial act knowing that act to be an improper notarial act, including any act required of a notary public under Section 8206, shall be guilty of a misdemeanor.
Can you edit a document after it's been notarized? ›In fact, the signer has the sole right to make changes to the document. Remember, if the notarization period is complete, then the public notary cannot modify a notarial certificate. In order to make changes, however, the signer has to appear in person in the presence of a notary public to initiate new notarization.
What are the downfalls of being a notary? ›- Steady income can be difficult.
- You could be sued for a lot of money.
- Upstart and upkeep costs can add up.
Line through the incorrect information. Write the correct information in the same box, if there is room to write it legibly. If there is not enough space in the same box, use the box in the line below the entry. There is no rule that says you must only use one line per journal entry.
In which of the following situations should a notary decline to complete a notarization? ›
- The signer is not present.
- The document is incomplete or blank.
- The document has white-out on it.
- You have a financial interest in the notarization.
- The signer has been adjudicated mentally incapacitated and has not been restored to capacity as a matter of record.
This signature MUST match the exact name typed on their commission certificate. The notary will then have seven days to return their oath and bond to the Secretary of State's Office. The clerk or deputy will then present the notary with their commission certificate.
What is satisfactory identification? ›(a) Satisfactory evidence of identity" means identification of an individual based on:(i) valid personal identification with the individual's photograph, signature, and physical description issued by the United States government, any state within the United States, or a foreign government;(ii) a valid passport issued ...
Can you notarize something after the fact? ›In layman's terms, no – you cannot notarize an already signed document. You can notarize documents like power of attorney, wills, and affidavits.
What is a fun fact about notary? ›Do As The Romans Do: The true ancestors of Notaries come from the Roman Empire, with history's first Notary being a Roman named Tiro. He developed a shorthand system, which he called notae, for taking down the speeches of the famed orator Cicero.
Who needs a notary the most? ›Legal documents like wills, trusts, affidavits, and more all require notarization. Law firms that work on real estate transactions or estate planning will also need notary services for property documents like deeds.
How much does a Notary Public make in Florida? ›$23,101 is the 25th percentile. Salaries below this are outliers. $82,846 is the 90th percentile.
What happens if the notary stamp is upside down? ›An upside-down seal impression could cause a document to be rejected by the receiving agency. It's recommended to leave a second seal impression (right-side up). If there is no room for a second impression, the signer should check with the receiving agency to ensure attaching a new Notary certificate is acceptable.
Why do notaries keep journals? ›A notary journal protects the public by providing evidence of what official actions the notary took and the manner in which the signer of the notarized document was identified.
How do I void a notary entry? ›You can void out the journal entry. By drawing a single line through the entry and write “VOID”. In addition, we recommend adding a notation stating why the entry was voided.