Notarization of Documents in Nepal: A Legal Guide

Overview:

Notarization in Nepal is a formal legal process by which a document, such as an affidavit, is certified by a notary public to ensure its authenticity and legal validity. Notarized documents are admissible in courts, and the process is governed by the Notary Public Act, 2063, and Notary Public Rules, 2063.

Key Points About Notarization in Nepal

Definition of Affidavit:

An affidavit is a written statement confirmed by oath or affirmation.

It is legally required to be notarized for court admissibility.

The signer affirms that the information is true, voluntary, and can serve as evidence.

Legal Requirement:

Affidavits and other sworn statements must be notarized to be valid in court.

The Notary Public ensures the oath is properly administered and the content is accurate.

Governing Laws:

Notary Public Act, 2063: Defines the roles, qualifications, and responsibilities of notaries.

Notary Public Rules, 2063: Provides procedures for certification, translation, verification, and prescribed fees.

Who Can Be a Notary in Nepal:

Must pass the council-conducted notary examination.

Eligible candidates include:

1. Law practitioners with at least 7 years of continuous practice.

2. Retired Gazetted Class 2 officers from Nepal Judicial Service.

Disqualified candidates include those:

Who failed the exam

Lacking qualifications or good character

With criminal convictions (serious offences such as murder, theft, fraud, corruption, narcotics trafficking, etc.)

Non-Nepali citizens

Declared insolvent or mentally unfit

Procedure for Notarization:

1. Application Submission: Submit the document along with required identity and supporting papers.

2. Registration: The notary records the application in the document certification register.

3. Document Reading: The notary reads the document to the applicant and ensures comprehension.

4. Witness Verification: Two witnesses verify and sign the document.

5. Oath Administration: The notary administers an oath if required (especially for affidavits or court submissions).

6. Certification & Seal: The notary signs and seals the document, including the statement.

7. Final Verification: Additional checks for property-related documents (ownership, leases, or freezes) are performed, and registration numbers are recorded.

Required Documents:

Citizenship certificate or passport

Identity card with photo, signature, address, age, and name (for Nepali citizens)

Certified identity proof from the embassy (for foreigners)

Power of attorney or authority letter if acting on behalf of another

Relationship verification documents, if applicable

Timeframe:

Properly submitted applications with witnesses are typically notarized within less than one day.

Finding Legal Assistance:

Notarization services are offered by experienced law firms and attorneys.

Example: Imperial Law Associates, a leading full-service law firm in Nepal, provides comprehensive support for notarizing affidavits and other documents.

Conclusion

Notarization in Nepal ensures the authenticity and legal validity of important documents. The process requires submission, registration, document reading, witness verification, oath administration, and official certification. Following the Notary Public Act and Rules, 2063, notarized documents are fully recognized in courts and other legal matters. Professional legal support can simplify the process and ensure compliance with all regulatory requirements.

-JANAKI BADU